PrepTest 131 · Section 4 · Passage 2

Teaching statutory law and transferable legal skills

The full passage is in your LawHub copy of PrepTest 131.

Reading the passage

If lawyers need to understand and apply statutes, why don't law schools give those skills more attention? That's the complaint right away. A statute is the actual text of a law enacted by a legislature. The author says working with that text—including understanding, applying, and even formulating it—is a vital part of legal practice, yet legal education underemphasizes it.

What are students learning instead? The first paragraph describes an emphasis on judicial decisions and past cases. Students practice asking how an earlier case applies to a client's problem and what interpretation of the law that comparison supports. That work may be valuable. The criticism is that it can leave students with an incomplete picture of what lawyers do.

The second paragraph makes that difference concrete. A business owner has a tax question, and the lawyer may be able to find an explicit answer in the relevant statute. Not every legal problem demands an elaborate argument about earlier cases. Sometimes the facts are clear, the law directly addresses them, and the client needs that answer.

But don't turn that example into a claim that statutes are always straightforward. The paragraph immediately adds that their meaning and application can be unclear. So the reason to study statutes isn't merely that they provide easy answers. Students also need to learn how to interpret them when the answer isn't obvious.

Then we get a second benefit: synthesis. That word means putting related pieces together. Case analysis tends to focus students on applying law in a particular situation. Studying a whole group of statutes in a small area would help students understand how those laws work together. We move from handling one piece to seeing the larger arrangement.

A limited subject can serve that broader educational purpose. Students don't have to study every statute in every field to learn how to make these connections. They can develop the skill in one area and use it in another. The author says this is especially useful because most students intend to specialize. We now have two reasons for the proposal: interpreting individual statutes and understanding relationships among them.

The last paragraph raises a fair objection. Laws differ by region. If a school teaches one region's statutes and its graduates move elsewhere, how much of that specific knowledge will they use? Think of learning New York law and later practicing in California. A nationally oriented school might therefore view this training as a poor use of time and resources.

My response would be to separate the laws learned from the skills used to learn them. Even if a particular rule doesn't apply in the next region, couldn't the student bring along an improved ability to understand and connect rules? That's exactly the distinction the author makes. The objection has some truth: the specific knowledge isn't generally transferable. But the skills are.

So the ending doesn't require nationally oriented schools to teach every region's laws. It explains why they, too, have a reason to teach statutory law. The recommendation is broader than preparation for one local practice: use statutory training to develop skills students can take with them. Our main-point prediction is clear—law schools should teach statutory law because it builds useful interpretive and synthesizing skills.

Questions on this passage

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