Category Archives: Law School

Advice for new law students, part V: avoid Monty Python “Yes it is!, No it isn’t!” argumentation

Posted on by
Reply

When engaging in legal analysis, avoid being conclusory.  As I tell my 1Ls, always follow the advice of Dorothy from the song Follow the Yellow-Brick Road (emphasis added):

If ever, oh ever, a Wiz there was the Wizard of Oz is one because
Because, because, because, because, because
Because of the wonderful things he does.

Always give the “because.”  If you state a conclusion (that the Wizard of Oz is a “Wiz”), make sure you give the reasons — i.e., state the issue, rule of law, analysis, and counter-analysis — that support the conclusion.  Thus, always make sure you’ve given the “because, because, because.”  Why is he a wizard?  Because of the wonderful things he does.

Of course, Dorothy’s analysis is still lacking.  She says the Wizard of Oz is a Wiz because of the wonderful things he does.  What are those things?  Explain.  Why are those things wonderful?  Because . . . .  And so on. So Dorothy shows what should be done: always give the “becauses.”

An illustration of what not to do can be found in Monty Python’s classic sketch Argument Clinic.  When I was in law school, one of my professors would mock students who engaged in what he called “Monty Python” arguing.  In the sketch, Michael Palin buys a five-minute argument.  John Cleese, in turn, simply contradicts everything Palin says.  Exasperted, Palin argues with Cleese over what is a proper argument:

Palin:  An argument is a connected series of statements to establish a definite proposition.

Cleese:   No it isn’t.

Palin:  Yes it is! It’s isn’t just contradiction.

Cleese:   Look, if I argue with you, I must take up a contrary position.

Palin:  But it isn’t just saying “No it isn’t.”

Cleese:   Yes it is!

Palin:   No it isn’t!

Cleese:   Yes it is!

Palin:  Argument’s an intellectual process. Contradiction is just the automatic gainsaying of anything the other person says.

Cleese:  No it isn’t.

YouTube Preview Image

Advice part I (life and stress) here.
Advice part II (studying and attitudes) here.
Advice part III (back up your data) here.
Advice part IV (essay exams) here.
Advice part V (conclusory argumentation) here.
Advice part VI (incomplete argumentation) here.

Advice for new law students, part IV: essay exams

Posted on by
Reply

Understandably, new law students stress over how to write essay exams.  In my Civil Procedure class, I run multiple review sessions including an essay exam writing workshop.  For the workshop, I hand out tips and techniques on doing Civ Pro essay exams in my class.  Although the materials below are geared towards Civil Procedure and my class in particular, some may have relevance to other first-year classes.  Keep in mind that other professors may have differing expectations, so the suggestions below may not be applicable to your class.

Substantive considerations:

Argue the facts presented. A common error on essay exams is failing to argue the facts provided.  Sometimes I see relevant facts omitted from the discussion.  Other times, students change facts or invent facts that aren’t in the exam.  Sometimes this is because students don’t want to discuss the issues presented. You can’t do that.  However, if you believe that additional facts are needed for your analysis, state what those facts are how they would affect your analysis.

Focus on the issues raised. Do not raise irrelevant issues.  Use your judgment as to the main issues that are likely to be worth more points.  Minor issues are likely to be worth fewer or no points.  You get no points for “negative issue-spotting.”

Do not be conclusory. Always be Dorothy from The Wizard of Oz, i.e., provide the “because, because, because.”  (Think of the lyrics to “We’re Off to See the Wizard.”)  If you state a conclusion without indicating (in that sentence or surrounding sentences) “why” or “because,” then you’re probably being conclusory.  Conclusory is bad.

Continue reading →

Sites and course pages

Posted on by
Reply

For new STU students, welcome to law school!

My home page is at http://nathenson.org.

This site, digital garbage, is my academic blog on law and technology.

I also run a personal blog at http://nathenson.org/blog.

Course pages are available to STU students through Blackboard at http://webcourses.lexisnexis.com.   You’ll need to get your Lexis ID from the law library.

UPDATE: Lexis is in the process of updating its main law school homepage.  The update has led to problems for users of Internet Explorer 7.  If you have difficulty logging into Blackboard, try using Mozilla Firefox.