Get Ahead of 1L Year - Memorize Rules

Are you starting law school soon or trying to get ahead of your 1L year? Here are some topics you can begin learning before classes even begin.

I would suggest to start memorizing the rules of law and their elements now. In exams you’ll be expected to have all relevant rules memorized. The main assessment will be how you apply those rules to the hypotheticals given in the exam essay questions. You won’t even be able to reach a solid analysis if you don’t have the rules completely memorized. Therefore, this is an easy place to start. Some of the elements and edge cases may not make much sense now, but you’ll be able to fill in the blanks from class discussions and assigned case readings. Having a general outline of the rules also helps you focus on where the content from your class fits in the overall course, while focusing on important outcomes.

Element Variations

You will often see elements for rules listed differently depending on the books you use and how your professor chooses to teach the subject. But generally, as long as you are able to apply the elements to a hypothetical, professors don’t really care how you choose to memorize them.

For example, defamation elements are:

A false statement of fact
Publication to a 3rd party
Fault
Damages

But I’ve also seen it written like:

Statement of fact to a 3rd party
Falsity
Fault
Damages

Both lists require a statement of fact that is false which is published to a third party. Not to mention there may be sub-elements that are included within each element.

Sub-element Variations

For example, in defamation the statement being made must be able to be proven true or false. Depending on how you’ve organized your elements, you may want to place it under “a false statement of fact” in the first example. However, in the second example, it may make sense to place this detail under either “statement of a fact to a 3rd party” or “falsity.” Part of the learning process is developing your own way to organize elements in a way so that you’ll remember and understand the rules.

My suggestion is to establish a general elemental framework and stick to memorizing that! As you read cases and delve into the details, you’ll be able to add in sub-rules as you see fit. See intentional torts below as an example. Every intentional tort has elements of (1) act, (2) intent, and (3) causation. As you learn more about the different types of intentional torts you can build your own definition off this framework.

I’ve had professors break up the elements of a rule differently from class to class. But as long as you truly understand what is required, you shouldn’t have any problems being introduced to elemental variations.

Intentional Torts

Intentional torts you’ll need to know and apply include: battery, assault, false imprisonment, trespass to land, and trespass to chattels. I've listed battery and assault below as an example. See the torts rules page for a comprehensive list.

All intentional torts cases will have elements of:

Act
Intent
Causation — Causation is merely explaining that the defendant’s act was the actual and proximate cause of harm. You’ll learn more about this when you discuss negligence. For now, just establish that the harm resulted because of the defendant’s actions.

Battery

Battery is when a defendant intentionally acts to cause harmful or offensive contact to a plaintiff.

Defendant acts with —> (act)
Intent to cause —> (intent)
Harmful or offensive contact —> (new!)
Where the act was the cause of such contact —> (causation)

Assault

Assault is when a defendant intentionally acts to cause imminent harmful or offensive contact where the plaintiff reasonably apprehends such contact.

Defendant acts with —> (act)
Intent to cause —> (intent)
Imminent harmful or offensive contact —> (same as in Battery, but with imminence)
Where the plaintiff reasonably apprehends imminent harmful or offensive contact (apprehension — will happen without self-defense or flight) —> (new!)
Where the act was the cause of such contact —> (causation)