Welcome to LearnLawBetter.
Today I want to debunk the myth that the law is different depending on the law professor
teaching it.
The reason that this myth is actually harmful is because it keeps you from preparing before
the course begins, thereby holding you back from higher grades.
Hi, this is Beau Baez with Learn Law Better, and today I want to explain to you why the law doesn’t vary
all that much from professor to professor.
I’ve heard students say for years that you have to learn the law as taught by Professor
so and so.
Recently, I was following a forum discussion where an entering law student was asking other students
what he could do to prepare for upcoming classes.
Almost all these students in the forum told him: hey, do nothing. Enjoy the summer. It'll be your last chance of freedom.
I also heard similar advice from another YouTuber, who was in the business of advising law students.
When I was an Associate Dean, one of my job duties was to observe my colleagues and provide
them with constructive feedback.
I observed many classes, including in areas that I taught.
What I noticed is that the law did not change, even though there was a different case book and
teaching styles.
What did change was the emphasis on certain parts of the law.
Also, the order that material presented in was different.
Occasionally, a professor taught a rule in a way that might appear to be different
at least to a student's ears.
Let me give you an example.
When teaching battery, I provide my students with the following rule statement: A battery is an intentional
contact that is harmful or offensive.
My colleague that taught the other torts section taught the rule as follows: “a battery is a nonconsensual
intentional harmful or offensive contact.”
At first glance it appears that we have two different rule statements, but my colleague
and I understand battery exactly the same way.
It’s just that we choose to teach it differently.
I save consent for the affirmative defense discussion because it is where it belongs.
The reason for the discrepancy is that
many older cases place the consent discussion with the definition, even though the burden of proving consent
is still with the defendant.
I choose to avoid the problem and my articulated a more modern understanding of battery.
But, a law student might see these as two different rules.
By the way, on an exam, I would not have marked anyone down for articulating the rule in the older
manner.
The second reason why many students believe this myth is because of how professors write
and grade their exams.
While there tends to be a wide variation in the writing of exams, the reality is that there are
only four criteria that professors use in their grading.
See my episode called Law School Exam Grading for more details.
What does vary widely is the amount of weight professors give to each exam criteria.
Because of this variation, some students conclude that the law varies from professor to professor.
So here is why this myth is so pernicious.
If you honestly believe that you can only learn the law from the professor teaching
the class then you will not take steps before the course begins to learn the law.
Ideally, a student will begin to learn the law in a subject before the class begins, either
during the summer or during the Christmas break.
Naturally, the professor will provide you with more depth and understanding, but you
can have a basic understanding of the material before class begins, which will provide you with
the context you need to learn the law better, and guess what. Thereby earn a higher grade.
If you aren’t convinced, let me ask you a question.
Where do you think the professors get the legal knowledge for the course.
In addition to reading the casebook, tyour professors will often read the concise hornbook, commercial
outlines, and other supplements.
Did you know that the book publishers provide those materials free of charge to your professors?
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