How to Study Contract Law

Preparing for Class

Complete the required homework. Preparing for class will most likely involve reading a substantial number of judicial decisions ("cases") and background information on the theories of contract law out of a textbook. This reading is really important to not only read, but to understand. The law of contracts is based on state common law, which means your reading will mostly involve important state judicial decisions concerning different aspects of the law of contracts. Take notes while you are reading. If you are reading a case, you can brief it. Briefing a case involves reading a case and outlining the facts of the case, the legal issues of the case, and the holdings (legal rulings) of the case. If you are reading about theories of the law or anything else, you can take normal notes like you would for any other class. Make sure you format these notes in a way that is easily accessible to you as you may need them in class if you are called on to participate. Take your time and consider reading the material more than once. Legal reading is often dense and long. If you are a new law student, the reading material may be more difficult to get through because you are not yet used to the type of material you are looking through and what you are expected to digest. Also, because contract law is mostly based on case law, your reading load may be even larger due to the length and complexity of some of the cases. For example, if you are in a contracts class and you are learning about the formation of contracts and mutual assent, you are going to be given an assignment that is likely to contain background information on what is considered mutual assent. The textbook may tell you that one way mutual assent is formed is by a valid offer and a valid acceptance and that both parties must objectively manifest their assent in order to be bound by a contract. After giving you some background information, a textbook may then give you a number of cases that illustrate the law of mutual assent. A textbook may provide you with the seminal cases of Kabil Developments v. Mignot, James v. McDonald's, and Lucy v. Zehmer. You will read this background information and the related cases, take notes and/or brief the cases, and then read the material again if there is anything you do not fully understand.

Outline your notes from the prior class. As soon as possible after your contracts lecture, you should synthesize your notes from that day's class into a coherent outline. Oftentimes your notes from a class will be messy and ill-formatted. This happens because you are trying to participate in class, listen to your peers, and take notes, all at the same time. Outlining your lecture notes does a number of important things: It allows you to look back over the day's material and gives you another chance to digest the information. This is important because contract law classes will build on each other and the more times you can read and look through class material, the more likely it is that you will understand and remember it. It allows you to synthesize the information into a meaningful outline that will make studying for classes and tests much easier. While you are in law school, it may seem like there is not enough time in a day to get through everything you need to do. Preparing outlines from your notes is a great way to manage your time and will make things easier when the time comes to prepare for tests. For example, you can choose to spend an extra hour after your contracts class in order to outline your lecture notes, or you can choose to spend an extra day at the end of the semester trying to outline your lecture notes from the entire semester.

Read all of your prior class outlines before each class. Right before class, take a look at your outlines from all the previous contract classes you have had to date. This exercise will provide you with the opportunity to constantly reinforce the content and will put you in a good position to participate in class. This is also important because of the cumulative nature of a contracts class. What you will be discussing in one day's class is likely to relate to what will be discussed in all future classes. For example, if you are in the middle of your semester and you are learning about the enforceability of contracts, you will be expected to fully understand how a contract is formed. If you go back in your notes before every class, you will likely remember that a contract is formed when there is an offer, acceptance, and consideration. This is important when discussing the enforceability of a contract because without a validly formed contract there will be nothing to enforce (i.e., you will have to go through a formation analysis before you can start to question the enforceability of an agreement).

Attending Classes

Go to class. Law school lectures are imperative to attend and participate in. When you walk into your first contract law class, you will likely encounter the famed Socratic Method (or "cold-calling"). The Socratic Method involves the professor asking random students a series of questions aimed at fostering a healthy discussion about the day's topics. Students will be expected to participate and do their best at answering the questions being posed. While this may seem scary at first, you should understand that professors are not trying to embarrass or intimidate you, this method is used to develop critical thinking skills and enables you to begin to think like lawyers. Most of class will be spent having a healthy discussion about the day's topic with the professor utilizing the Socratic Method where he or she feels it is necessary.

Bring materials to take notes with. When you attend your contracts law lecture, you will want to bring either a notepad or a computer. Use these materials to take notes during class. Some professors will allow computers in class while others will not. Figure out how you take notes most effectively. While some people like using computers because they can type faster than they can write, others get distracted on computers and do not take good notes. Also, taking notes on a computer may make it easier to outline your lecture materials at the end of each class. However, some people like taking handwritten notes because it forces them to re-write the content when they create an outline, whereas if you use a computer you can just copy and paste.

Participate when possible or required. While you are in class, you may be asked to participate, either voluntarily or not. If you are cold-called, take time to digest the question and to formulate a concise answer. If you do not understand the question or you do not know the answer, be honest. It is incredibly unlikely you will know everything coming into class and professors understand this. Try to work through the question and learn as you go. If you are participating voluntarily, be sure to only offer thoughtful, concise, and relevant information. You do not want to participate simply to participate; you should want to participate in order to further the discussion and provide insight. For example, if you are asked to discuss whether a television advertisement is an offer to enter into a contract or if it is simply a solicitation, you will likely have read a case titled Leonard v. Pepsi Co.. In this situation, you would tell your professor that in the case of Leonard v. Pepsi Co., a child bought a number of Pepsi cans during a promotion in which Pepsi was offering points for every Pepsi bought, and that those points could be redeemed for prizes. You would then state that the child saw a Pepsi commercial in which a kid redeemed his points for a real fighter jet. After stating the basic facts of the case, you would convey to your professor that the issue was whether that commercial was an offer to redeem your points for a fighter jet, and that the court held the advertisement was not an offer but only a solicitation for an offer.

Listen actively to your classmates and professor. When you are in class and a discussion arises, do not assume that only the professor can give you valuable information. In law school, professors may expect classmates to provide the class with the important information necessary, and they will often use the Socratic Method in order to extract that information from your peers. When your classmates are talking, be sure to listen and take notes about what they say just as you would take notes about your professor's comments. If you did not understand something or you need clarification, raise your hand and ask to hear things again. In all likelihood, you will not be the only one with the same question. In the example above regarding Leonard v. Pepsi Co., you can begin to see how a classmate may provide valuable information. In that scenario, your classmate is telling you that advertisements are normally not offers and that Leonard v. Pepsi co. is the seminal case regarding that point of contract law.

Getting Ready for Your Exam

Understand what a contract law exam looks like. The final task in most law school classes will be in the form of a final exam (or you may have both a midterm and a final exam). This exam is often the main source of your final grade along with your participation rating. Law school tests are often formed as essay exams ("issue spotters") and will involve reading a hypothetical scenario and applying the case law and legal theories you have learned throughout the semester. These tests are meant to gauge your understanding of the elements of contract law and the theories underlying them. A common contracts question may look like the following: "In an effort to reduce judicial discretion and create more predictable laws, a powerful Senator would like to propose legislation mandating that all judges fill gaps in incomplete contracts by using a single type of default rule, and there is a very good chance that such legislation will pass. You are the Senator's assistant, and she has charged you with the task of drafting a brief memorandum, not to exceed four or five pages, which (1) discusses the various ways judges currently choose default rules, (2) recommends a single type of default rule that should be implied in every case where there is an incomplete contract, and (3) suggests what likely consequences would result by mandating this default rule. The Senator was formerly a Contracts professor, so you may, if you like, discuss specific cases or rules that would likely change, and how they would change."

Make a comprehensive outline. When all of your classes are completed and final exams are approaching, you will want to start the studying process by making a comprehensive outline of your entire contract law class. This outline will be the basis of all your other studying, so be sure it is complete and accurate. When making an outline, be sure to structure it in some logical manner. Looking at your textbook's table of contents may provide an easy and valuable way to structure your outline. Bold important terms so they stick out in your outline. To create a valuable outline, take all of your individual class outlines and synthesize the information again into one ultimate outline. Try to not simply compile all of your individual class outlines, but instead try to reorganize the information and process it all again. This will help you learn the material by forcing you to read through it while you are creating your ultimate outline. If you did not create individual class outlines, go through your class notes and create an outline using those. If you are in this position, be sure to give yourself enough time to go through all of your notes in order to distill the important information you want to include. Look through your textbook and add any valuable information from it to your outline. It is inevitable that your class notes and class outlines will have some holes. Fill those holes by looking back through your textbook and supplementing your information where necessary. Use any other information you have at your disposal. Ask your peers for help if you have an area in your outline that you have questions about. Go visit your professor as well; he or she will often be a good source of information and will help guide you in your studying process. Use the library and the library staff. They will often be able to point you to handbooks and other materials that provide general information on the law of contracts. A common contracts outline would include information on contract formation, enforceability, interpretation, defenses to performance, conditions, material breaches, and remedies. Remember that your contracts class may not cover some of these topics so be sure you make an outline that coincides with what you learned throughout the semester.

Quiz yourself. Once you have created an ultimate outline, quiz yourself while you are reading through it. Ask yourself if you understand the concepts and theories you are reading and try explaining them in your own words. Taking the time to quiz yourself will ensure you are not just reading the outline but really digesting and understanding it. For example, read a section of your outline then try to write down the important parts of that section without looking back at the outline itself. Once you are done, look at what you wrote and see what information you understand and what information you need to spend more time on. Try making flashcards using information from your outline. Flashcards offer a great way to quiz yourself on important legal concepts. Write the legal term or concept on the front of the flashcard and the definition or explanation on the back. For example, one flashcard may have "acceptance" on one side and "a manifestation of assent" on the other side. Go through them multiple times and take out cards as you learn them.

Use online interactive tools. When you are tired of looking at your ultimate outline, try going online and looking at some of the websites out there that provide interactive learning tools to law students. These tools often take the form of practice quizzes, interactive online flashcards, and other outlines. Visit the Golden Gate University School of Law. The law school offers free downloads of past exams and answers for every class. Several contract law class exams are available. Ask your professor if there are any websites he or she would recommend. They often stay up-to-date on what materials are out there and they may have some good suggestions. Be aware that some of the material you find online will not be relevant to your class. Some classes cover different materials so be sure you are only studying things you need for your class and your exam. For example, some contracts classes may cover the Uniform Commercial Code while other classes may not. If your class did not cover this material, do not waste time studying it on a generic contract law website.

Take practice exams. One of the best ways to prepare for an exam is to take one. Your professor will often hand out a practice exam on the last day of the class for you to look over and even take. Use this material to your advantage and take the time to complete the exam under testing pressures. This means you should take the test under the same time constraints you will have during the real exam and you should take it with or without notes, depending on what you will be allowed to use in the actual exam. When you finish the practice exam, do not just put it to the side and continue to look over our outline. Analyze how you did on the practice exam in order to learn where you can improve. If you did not finish in time, think about what you need to do on the real exam to successfully complete the test. If you did not know how to answer a question, look through your outline in order to better grasp the theories you did not understand. Look here for some sample contracts exams.

Form a study group. Study groups can be an excellent way to learn. Effective study groups have 3-5 members; Study groups should meet at least once a week at specific times and places; Group members should select a group leader or facilitator whose job is to keep the group on track; Group members should decide at the end of each meeting what will be covered at the next meeting so everyone can be prepared; and Try not to spend all of the meeting time working on homework problems; some time should be spent making sure that all of the group members understand each of the concepts discussed in the chapter and/or the lecture.