The Law School Approach (or, "How to Live with and Learn to Love the Socratic Method")
You probably will not find two professors who conduct their classes in exactly the same way, yet many will use their own variation on the Socratic method. Traditionally, the professor calls upon a student to recite the case under consideration. The student is expected to state, in a clear and concise fashion, what problem was involved in the case, the facts from which it arose, and the disposition of the case by the court. Professors vary widely on which vital elements of the case they think the student should isolate and be capable of repeating. Some are very concerned with each element analyzed in your brief and expect you to digest the case fully in terms of all the factors; others tend to focus only on the result and/or reasoning without much concern for the facts. Still others are concerned that you know, in addition to other things, the procedural setting. The best advice we can offer is get to know your professors.

After the student has recited, his or her statement of the case is "fair game" for the professor's questions, which are designed to bring out important, difficult, or ambiguous aspects of the case. Usually after the professor has asked the initial questions, the problems raised are thrown open to classroom discussion.

The Socratic method at first may seem challenging and an indirect method of learning. It is necessary, though, because as a practicing lawyer you are bound to be asked questions by judges, other lawyers, legislators, etc., and you need to be able to respond appropriately. If you are asked to recite, above all, stay calm. You must learn to accept the natural apprehension that each day of class may be your day to recite. The Socratic method can be fun as long as you remember the rules:

  1. It is much more a good-spirited debate than a winner-take-all contest. You are not expected to "win" or to try to. Do the best you can to explain your vision of the case and try to learn as much as possible from the exchange.
  2. Don't take anything personally. Check your ego at the classroom door. When professors challenge you, don't be offended; they are doing their job by probing arguments and logical fallacies, not personal flaws. Remember, the Socratic method as an educational tool is meant to teach you and your classmates about consistent legal analysis, articulating a plausible defense, thinking "on your feet," and knowing whether or when to retreat.
  3. Don't laugh at your colleagues. Don't be superior or smug about their demise. You may be next! The best defense against the pressures of law school are camaraderie and mutual support, not divisive competitiveness.
  4. Watch out for loaded hypotheticals and leading questions. The "hypo" (hypothetical question) is the main device: beware of slight changes in the facts, and don't ever answer without thinking first. Reflect on each variation as if it were an entirely separate problem. Don't assume anything without either asking if you may do so or stating that you have assumed "thus and so." Don't allow yourself to go to preposterous extremes for the sake of consistency. When your argument no longer seems reasonable, consider some rational distinction between your latest response and its implications on the present question. Don't hesitate to modify, qualify, or retreat from an answer where reason dictates it. Tenacity is a questionable virtue if it results in adherence to an illogical position or application.
While the preceding discussion has indicated what might be called the traditional case method/Socratic approach, some professors may also employ additional methods, such as emphasizing lectures rather than questions in their classes. Others will not ask for a recitation on cases and will begin a series of questions as soon as the class opens. Still others may state the case and its holding themselves in order to arrive more quickly at the tangible problems suggested by the case. Some may even limit discussion to problems involving the area of law covered by the case.

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