Unfortunately, cold calling is an important part of the 1L experience. Cold calling stems from the Socratic Method of learning. The idea is that thoughtful conversation will enhance the learning process (and in the process, petrify 1Ls).
Let’s start with the basics. As I have discussed in earlier posts, professors typically assign students about 20-50 pages per class meeting. Usually, you will study about three cases per lecture. You will read about facts leading to a dispute, the court’s interpretation of said dispute and the way in which the law applies to arrive at the court's holding. To capture these points in reading notes, students annotate according to IRAC. If you are not already familiar, I dissect IRAC in an earlier post, check it out!
Based off of your course readings, professors could ask a variety of questions during a cold call, including the following:
· What were the facts of the case? This one is common. To prepare, jot down the key facts in your case brief when you do the reading. You don’t need to include every granular detail, but make sure to include facts that meaningfully impacted the court’s decision.
· What did the court consider important in rendering its decision? Your professor could be interested specifically in the court’s analysis. This would include a fact that the judge revisited often when making its holding and/or the state of the law when the case is being heard (i.e. if in the past ten years, selling a particular type of drug rarely receives the maximum penalty, the court would likely consider this trend in sentencing)
· What if….? Law professors love to play around with the facts. Your professor may slightly vary the facts of the case and ask if such a variation would yield different results. For example, in Vosburg v. Putney, the court found the Defendant’s tap of the Plaintiff’s shin inappropriate because Plaintiff was playing around during class. Your professor could ask, what if the tap happened during recess on the playground? While these “hypothetical” cold calls can be brutal, make sure to take notes. Often, the hypotheticals reveal what the professor believes is most important (and likely to be tested).
· What do you think about this holding? These “opinion” cold calls aren’t too bad because in theory, there is no wrong answer. When you are finished reading for class, take a minute to think about whether you agree with the holding and why. Did the court use sound reasoning or did it seem like the judge was manipulating the law to back into the decision they wanted in the first place?
Most people don’t enjoy cold calls and they will probably cause you some anxiety. To the extent possible, try not to stress too much. When you are called on, the other members of your class will just be relieved it was you instead of them.
If you are cold called and are unprepared for class, just own it. Be gracious and say something like, “I apologize professor, I am not prepared for class today and will need to defer to one of my colleagues, I will read for next class.”
Good luck and don’t sweat it!
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