Introduction

A theme of this book is captured in Blake's poetry:

The cosmos of legal reasoning is in the technique of briefing. It is impossible therefore to learn how to brief without learning about legal reasoning - about learning to read, think, talk and write like a lawyer. Hence, the first chapter in this book is less about the technique of briefing and more about why briefing is important:

• to enable you to understand cases
• to help you understand what happens in class and why
• to introduce you to the basic skills necessary for legal reasoning
• to get you on the right track and to avoid unnecessary confusion

In Chapter I, I therefore present forty answers to commonly asked questions about law and the first year of law school.

In Chapter II, I present a six-step approach to briefing cases. Detailed guidelines are explained for accomplishing each step. Application of the six-step approach with the guidelines is demonstrated with a short, relatively simple, appellate case, McBoyle v. United States Applying the six-step approach with the guidelines, an excellent brief of McBoyle is detailed. A contrasting, poor brief of McBoyle is then set forth. My comments detail the reasons why the first brief is excellent and why the second brief is poor. Basic functions of a court which are exemplified in McBoyle are explained. To aid you in beginning to learn which issues may be reviewed on appeal and which may not be, I succinctly detail a series of issues which were not considered and decided in McBoyle and briefly explain why they were not. In a final segment, I define a number of legal terms applied by the court in McBoyle.

The basic pattern of Chapter II is then repeated in Chapters III through V. In each chapter, I present a different appellate case (or two) and ask you to apply the six-step approach to briefing with guidelines. Excellent and some poor briefs are set forth. Basic functions of a court illustrated in each case are explained as well as issues not raised and considered. Each chapter concludes with additional definitions of legal terms applied in the case(s) briefed. As you brief these cases, you are also being introduced to legal reasoning, the first priority of the first year of law school.

Too many first-year students misconceive the nature and purpose of law and law school. Many beliefs of beginning students about law school are false or at least misleading. These misconceptions lead to an enormous waste of studying time, blunders in class, exacerbation of beginner's confusion, and a defective preparation for exams. Remember: well started is half done. This short book is designed to get you well started.