THE LEGAL DUTY RULE AND LEARNING ABOUT RULES: A CASE STUDY

Saint Louis University Law Journal, Vol. 44, No.1333, 2000. Reprinted with permission of the Saint Louis University Law Journal © 20__ and/or 19__,St. Louis University School of Law, St. Louis, Missouri.

28 Pages Posted: 11 Dec 2018

See all articles by Joel K. Goldstein

Joel K. Goldstein

Saint Louis University - School of Law

Date Written: December 6, 2018

Abstract

Early in their law school careers, most students find that the notions they brought with them about law clash with the ideas encountered there. As a traditional first semester course, Contracts is one arena in which students experience most acutely that tension between expectation and reality.

Most new law students probably expect law school professors to spend more time teaching basic legal rules.[1] They anticipate the education in black letter law that is the distinctive trait of bar review courses. They are, therefore, surprised by their professors’ suggestion, whether explicit or implicit, that being a good lawyer is not a function just of knowing the rules.[2] Moreover, new law students expect legal rules to operate differently than they often do. Their initial perspective frequently places greater faith on simple rules than the curriculum ultimately suggests is appropriate. They expect law to be more mechanical, to guide with the precision of rules of traffic—when the light turns red, you must stop—–or of rules of games—the tie goes to the runner, the line is in (or out as the case may be).

Suggested Citation

Goldstein, Joel K., THE LEGAL DUTY RULE AND LEARNING ABOUT RULES: A CASE STUDY (December 6, 2018). Saint Louis University Law Journal, Vol. 44, No.1333, 2000. Reprinted with permission of the Saint Louis University Law Journal © 20__ and/or 19__,St. Louis University School of Law, St. Louis, Missouri. . Available at SSRN: https://ssrn.com/abstract=3297272

Joel K. Goldstein (Contact Author)

Saint Louis University - School of Law ( email )

100 N. Tucker Blvd.
St. Louis, MO 63101
United States

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