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The Green Bag

order to make your preparation effect

law was not in force in Louisiana; and

ive.

he did not afterwards make this mistake again. But it is the common law that most of the text-books treat of, and on

I trust, however, that these sug

gestions will be helpful to those who are in the law schools as well. Before you do anything else, ﬁnd out what are the requirements of your state for admission to the bar. In this state, and I presume in all others, the Supreme

Court has prescribed a list of subjects with which the applicant must make himself more or less familiar. Or, this matter may have been in your state con trolled by the legislature. At any rate, you should ﬁnd out what these require ments are, and then conﬁne your prepar

ations to these matters.

Importance is

usually laid on the subject rather than on the text; so you should choose your work in the light of that preference. But some text-writers

are,

for your

purpose, better than others. Any prac titioner of a few years will give you the

information you want on this point. Then go to work on your text-books. But at the outset, in order to avoid the

confusion very apt to descend on the student, ﬁx well in your mind the dif ference between the common law and the

law in your own state, or in any other state. The common law may be the law in your state; it is so because it was adopted by your legislature; but your state has a great deal of law that is not common law. As a matter of legal

history, I believe the common law has been adopted now in every one of the United States except Louisiana, which state is governed largely by the civil law, or an adaptation of the old Roman law. Sometime ago in discussing a

matter of common law, one of my pupils took issue with me; and, to the delecta tion of all the class, he thought, he told

which you must lay your foundation for the practice.

You must supplement

your knowledge of the common law with a study of the statute law of your state. A great deal depends on how you read your text-books; that is, on how you study them. You cannot read a law book once through and be prepared to

take an examination on it.

if the weight of authorities is on a given principle, mark it as an established rule.

If the authorities are not agreed,

do not confuse your mind with what each court holds, but mark it merely as a disputed matter. After you have

marked your book in that way, read it a third time, this time reading only the passages you have marked. And if you want to be very well informed on the subject, you can impress on your mind the information thus acquired very eﬁect

ively if you will outline the subject, just as though you were going to write a book and wanted a skeleton for your work. For instance, the subject of evi dence may be divided as follows : I.

GENERAL PRINCIPLES. 1. 2.

II.

Meaning of Evidence. The Different Kinds of Evidence. THE SOURCES OF EVIDENCE.

l.

Witnesses.

which was decided contrary to the rule of common law which had just been stated.

By Oral Testimony. By Depositions. 2. Written Instruments. 0. Public Documents. b. Private Writings.

I told him of course that the common

3.

us of a case that arose in New Orleans

Get a book

that you can mark freely, preferably your own book. Read it through once; then read it through again, and mark the sentences and passages that state deﬁnite rules of law. If, according to the text, the authorities are agreed, or

a. b.

Real Evidence.