
Canned
briefs are the lowest form of study aid. Like
commercial outlines, canned
brief books are written for specific casebooks. And like outlines, you should
be writing your
own
briefs . When
you get down into the guts of the
case and finally pull out the relevant facts, the issue, and rule, and when
you've synthesized a hold for the case,
you've accomplished a lot.
Writing the brief forces you to understand the opinion.
Briefing the cases
is the best and really only way to ensure you gain the skill of formulating a
hold.
When do you need a brief book? Looking back, I would say hardly ever.
Maybe you might use a brief book when you can't understand a really hard
case - especially one written in old English! (I'm not joking).
Brief books don't do anything you can't. At the end of the semester you'll
be happy that you wrote your own briefs because outlining will be a snap.
The problem I had with canned brief books is that I could never
follow the reasoning of the opinion - for the amount of time it took me
to decipher the editor's words, I could have read the opinion on my own.
Canned briefs do state the rule of an opinion in a concise form,
but outlines do that - and do it better.
Like commercial outlines, brief books are legion. When you pick
one make sure it is coded to your casebook.
An Aside
If you are relying on canned briefs to get you through, you're in trouble.
Again experience is talking, so listen. In first year civil procedure I
had the easiest teacher in the law school. This professor never grilled
students, and his idea of the
Socratic method
was asking you your name.
When he called on me, I hadn't read the assignment. I had the
civil procedure book open, and on top of it I had cleverly laid my canned
brief book. He asked me who was the plaintiff in the case.
I scanned the brief book but couldn't find the answer.
"Just Guess, Mr. Merry, there is a 50 / 50 chance
you'll get it right, you know," he prodded. I picked the wrong party.
"NO!" he shot back.
After three or four more equally embarrassing procedural
questions, the professor flatly stated, "Mr. Merry, I hate to bother you
with these questions of procedure, but that is the name of the course."
The classroom erupted with laughter.