Keith Mack
Law students often face the daunting task of memorising large amounts of case law, which can be challenging due to complicated case names and judgments. While some professors may not require case citations, many exams test students' ability to recall specific cases and their legal principles. To tackle this, students can employ various memorisation techniques, such as the 'story-telling' method, using mind maps, creating visual associations, utilising flashcards, or adopting spaced repetition strategies. The key is to find the method that works best for the individual and start practising early to ensure long-term retention of case law.
| Characteristics | Values |
|---|---|
| Spaced repetition | Review new cases a few times the first day, then 24 hours later, then 3 days later, and then at increasingly spaced-out intervals |
| Case information | Three bullet points: one short sentence for case facts, one short sentence for the judgment of the case, and a final sentence about the applicable law |
| Storytelling | Make up a funny or creative story involving the names of the parties, in the particular order in which they appear in the case name |
| Mind maps | Visualize the judge and the parties, give them real personalities and appearances |
| Self-testing | Flashcards, mnemonics |
| Record and playback | Record your professor's lecture and listen to it later, or record yourself reading your notes out loud and then listen to that |
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What You'll Learn
Spaced repetition
To use spaced repetition for memorizing case law, you can follow these steps:
First, understand the basic concept of spaced repetition. Instead of cramming, which leads to rapid memory decay, spaced repetition involves reviewing the material at regular intervals, especially at the moment you are about to forget it. This process reinforces the memory and helps transfer the information to your long-term memory.
Second, identify the case law you want to memorize. Focus on the cases that are more challenging for you, as you are more likely to already know the easier ones.
Third, break down the case law into manageable chunks. Case information should be concise and contain only the most critical facts, judgments, and applicable laws. This step ensures that you are not overwhelmed with information and can maximize your study time effectively.
Fourth, create a structured plan for reviewing the case law at spaced intervals. You can start by reviewing the case a couple of times on the first day, then again after 24 hours, then after three days, and then at increasingly spaced-out intervals. This process interrupts the Forgetting Curve and helps solidify the information in your long-term memory.
Finally, utilize tools and resources to support your spaced repetition practice. You can use paper flashcards or take advantage of technology by using apps like Anki, which allows you to create digital flashcards and space out your learning based on user-determined difficulty ratings. Additionally, websites like SpacedRepetition.com offer law school study software specifically designed to help law students with spaced repetition and has been proven to improve performance.
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Mind maps and visualisation
Mind maps are a highly effective tool for memorising case law. They help develop and organise ideas and information, making it easier to present your oral arguments. They are visual diagrams composed of concepts, texts, relations, and/or pictures, arranged in a tree structure or hierarchy around a central theme.
To create a mind map, start with a central image or theme, which can be a specific litigation case, a legal subject, a contract, or a piece of legal advice. Then, draw curved lines and pictures, and write down key ideas and concepts, simplifying the labelling of the branches that extend from the central idea. Use different colours for different branches, and make your images exaggerated, unique, or funny to help you remember them.
Mind maps are particularly useful for visual learners. They help you see the big picture and how different ideas are connected, simplifying complex concepts and engaging your creativity. They can also be used in conjunction with other techniques, such as colour-coded flashcards, to further enhance memorisation.
In addition to aiding memorisation, mind maps help identify the key concepts and their relationships, contributing to better analysis and improved communication. They also assist in problem-solving, decision-making, and collaborating with others.
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Storytelling and association
For example, the case of Donoghue v Stevenson [1892] EWCA Civ 1 is well-known for its unusual facts involving a decomposing snail in a bottle of ginger beer. To memorize this case using storytelling, one might imagine a story where Donoghue and Stevenson are two characters in a bakery, with a snail crawling across a gingerbread house. The more vivid and engaging the story, the easier it may be to recall the case details.
Similarly, Sainsbury's Supermarkets -v- Hitt can be associated with the image of "hitting a supermarket." This type of wordplay and alliteration can create a mental link between the case name and its key principles.
Visual learners may also benefit from creating mind maps or visualizing the judges and parties involved in a case. For instance, finding photographs of the judges involved in a particular case can add a layer of memorability and realism to your studies. Turning cases into cartoons or incorporating funny elements can also aid in recollection.
The key to successful memorization through storytelling and association is to create unique, memorable links between the case name and its principles. While these techniques may not be suitable for long-term retention, they can be an excellent starting point for engaging with the material and building a foundation for further study.
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Self-testing and flashcards
Self-testing is one of the most effective forms of memorization and learning. It shows you what you know and what you don't, and ensures that you will be able to draw on your knowledge when it matters. One way to self-test is to try explaining the concept to someone else. As you do so, you will identify gaps in your knowledge and areas where you stumble. Write these down and re-study the concept until you understand it completely. Bonus points if you can explain it to someone with no legal background, like a child. Explaining the material can also help you connect and relate it to other concepts, which will help you locate the information in your memory during an exam.
Flashcards are a simple and effective way to self-test. They harness the power of the testing effect: when we quiz ourselves on information, we enhance our retention. Flashcards also facilitate spaced repetition, an evidence-based strategy that distributes study sessions over days and weeks. Repeatedly revisiting the material at spaced intervals is a far more effective method than cramming, in which we try to learn everything in one sitting.
You can make your own flashcards or use an online tool. If you make your own, write the name of the case on one side of an index card or small piece of paper, and the key facts and points of law on the other. Carry these cards with you and test yourself often. You can also get together with friends and test each other on your flashcards. Online tools such as Anki, Quizlet, and Quimbee use spaced repetition to ensure you're studying as efficiently and effectively as possible.
When using flashcards, it's important to balance them with other exam-prep strategies. While flashcards are great for memorization, succeeding on a law school exam requires you to apply the law. Use flashcards in conjunction with other study methods that target applying law to fact, such as writing practice essays.
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Study groups and discussion
Study groups can be an effective way to memorise case law and reinforce your understanding of the material. Here are some tips for utilising study groups and discussion to enhance your memorisation of case law:
Forming a Study Group
Firstly, consider the size of the group. Smaller groups of around 3-5 people often work well, as they allow for more engagement and participation by each member. When forming a study group, try to find individuals who are committed and motivated to learn. It is beneficial if group members have complementary strengths and can contribute diverse perspectives to the discussions.
Discussing Case Law
During your study group sessions, encourage active discussions about the case law. By engaging in conversations and debates, you can deepen your understanding of the material and improve your critical thinking skills. Here are some specific techniques to enhance your discussions:
- Case Analysis: Assign specific cases to each member and take turns presenting and analysing the key aspects of the case, including the facts, legal principles, and their application. This helps reinforce everyone's understanding and allows for a more dynamic discussion.
- Quiz Sessions: Turn your study sessions into quiz sessions. Prepare a set of questions based on the cases you are studying and take turns asking and answering them. This interactive approach will help improve retention and make learning more enjoyable.
- Role-playing: Assign group members different roles within a case, such as judges, lawyers, or witnesses. Role-playing can make the case come alive and help you understand the perspectives and arguments of different stakeholders.
- Comparative Analysis: Compare and contrast different cases with similar legal principles or factual scenarios. Discuss the similarities and differences and explore why the outcomes may have varied. This approach enhances your understanding of the nuances within case law.
- Mind Mapping: Utilise visual aids, such as mind maps, to organise and present information during your discussions. Mind maps can help you visually connect different aspects of a case, making it easier to memorise the material.
Additional Tips for Study Groups
- Regular Meetings: Consistency is key. Schedule regular meetings, preferably at a set time each week, to maintain momentum and avoid losing touch with the material.
- Preparation: Ensure that all group members come prepared to each session. Assign specific tasks or topics to individuals and encourage them to share their insights and contributions actively.
- Collaborative Environment: Foster a collaborative and supportive environment within the group. Encourage active listening, respectful discussions, and the sharing of diverse perspectives.
- Note-taking: Encourage group members to take concise notes during the discussions. Brief notes, bullet points, and abbreviations can serve as memory triggers during exams.
- Guest Speakers: Invite guest speakers, such as professors, legal professionals, or alumni, to join your study group sessions for special topics or discussions. This can provide valuable insights and a different perspective to the group.
By incorporating these techniques into your study group and discussions, you can effectively memorise case law and develop a deeper understanding of the material.
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Frequently asked questions
Different techniques work for different students, so it's worth trying out a few to see what suits you. Spaced repetition, mind maps, storytelling, and self-testing are all popular methods.
Spaced repetition is a method of learning that involves reviewing new cases a few times on the first day, then again after 24 hours, then 3 days, and then at increasingly spaced-out intervals. This allows you to forget bits of information in between reviews, which helps to entrench the information in your long-term memory.
The storytelling method involves creating a short, funny, or creative story involving the names of the parties in the case. For example, if you're trying to remember the case Hart v Meddley, you could create a story about someone called Hart and someone called Meddley.
Self-testing is one of the most effective forms of memorization and learning. It involves using flashcards or other tools to test your knowledge and identify areas that need further review.
