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2006-07-06 20:20:45 · 8 answers · asked by Anne 1 in Politics & Government Law & Ethics

8 answers

law textbooks, are great for teaching past cases, and how the law has went then, and how laws are based.

2006-07-06 20:22:07 · answer #1 · answered by cubsfreak2001 5 · 0 0

They assist in learning the law. Like any textbook.

2006-07-07 03:22:27 · answer #2 · answered by greyspace 1 · 0 0

Much of the process of learning the legal profession ("how to think like a lawyer") is being able to understand a court opinion and extract a rule of law from a case.

Most law textbooks are collections of cases (called 'casebooks'), with each case setting forth one specific legal principle or outlining a specific rule or exception. The process of briefing cases during law school is so that students understand how to take a case and figure out what the common law rule was that the case established.

Unfortunately, most law school students don't realize this. As with many things, they come to believe the brief is the goal and just buy canned briefs. In doing so, they miss the importance of the process, which is to be able to understand how the law is formed and interpreted through judicial opinion.

In addition, most state bars test aspiring attorneys on two things. First, essays test their ability to remember and apply general legal rules (what are the elements of negligence, burglary, quasi-contract). To learn these rules, most people like to put them in context, or see them through example.

I'm sure many of the attorneys and law students out there still remember the egg-washing-machine case when learning unjust enrichment. Sure, we know the rule. But being able to link it in our minds to something else that stands out helps us to understand the rule in greater detail.

The briefing process also teaches people to work with the IRAC model. Issue. Rule. Analysis. Conclusion. Or what many bar examiners refer to as "reasoning from a premise to a result". This process of understanding how to apply a rule to specific facts, and why the conclusion results from those facts, is part of the briefing process as well. Again, unfortunately, one that is largely overlooked by many students.

The other thing tested by many bar state bars is our ability to actually take several cases, find the relevant holdings of law, and apply them to a specific situation. These are called performance tests, and are becoming more popular in many states. The process of being able to quickly brief a case, figure out what facts trigger a specific rule and how that rule should be applied, are essential to passing the performance test. And the textbooks that most classes use to teach this briefing method give practice for that part of the test. Or, they would if people actually learned the value and benefit of the briefing process.

In summary, most casebook-style law school textbooks are designed to provide the students with the resources necessary for them to learn two of the the fundamental skills required for the practice of law -- extracting the rule of law from a case, and organizing the rule to analyze specific facts and reach a conclusion.

Sadly, far too few students actually take the opportunity to practice these skills during law school, which is why the bar failure rate in many states is as high as it is.

2006-07-07 11:02:42 · answer #3 · answered by coragryph 7 · 0 0

To give attorneys a grandstand where they can show off their ability to take a very simple subject and turn it in to the most complex issue on earth.

2006-07-07 03:23:35 · answer #4 · answered by simplyfabulous 4 · 0 0

Like any text book they are meant to give a basic understanding and vocabulary to work with so you can progress to moot court learning.

2006-07-07 03:25:16 · answer #5 · answered by Aldebaran 2 · 0 0

Just to pass the exam and for practice.

2006-07-07 03:22:55 · answer #6 · answered by geekay 3 · 0 0

Simple answer...to learn from.

2006-07-07 03:59:25 · answer #7 · answered by jdc591 5 · 0 0

i say laws are ment to be broken :D

2006-07-07 03:23:24 · answer #8 · answered by polish 3 · 0 0

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