Guide to making the most

5. REVIEW SEVERAL TRIAL COURT BRIEFS
The other kind of brief you’re likely to be asked to write is a Motion for Summary Judgment or 
Rule 56 Motion. An MSJ is just like a motion to dismiss except it is made after discovery and with 
the benefit of evidence. The motion essentially tell the court that the case should be decided in 
Defendant’s favor because the indisputable facts show that only Defendant can win the case 
and therefore trial is unnecessary. A plaintiff can defeat the MSJ by showing that it would win 
the case, that Defendants might not necessarily win, or by showing that the facts are disputed.
Sample Rule 56 motion
Sometimes parties move to dismiss and for summary judgment at the same time
 Sometimes, 
legal writing classes ask you to pretend to be a Judge’s clerk and write an opinion for the judge.
Here is a sample of a real Judge’s opinion in a Copyright case
 All of the above case occurred in 
Federal Court. Law Schools tend to focus on Federal procedure because of the uniformity across 
state lines. But be aware that state courts can differ, even where they allow similar motions.
If there are terms or processes that are unfamiliar to you in the above cases, consider looking 
them up on Google or Black’s Law Dictionary. It will provide a good foundation for how civil 
procedure works.
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6. READ THE GOOD LAW BOOKS 
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(and avoid the bad ones)

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5. REVIEW SEVERAL TRIAL COURT BRIEFS
Don’t just take our word for how Law School works. There are a handful of books that provide 
insight into how Law School works and what it’s like to go through. Two come to mind:
One L, by Scott Turow
. One L is a first person narrative account of going through Law School at 
Harvard. The book recounts Turow’s own struggles with Law School in 1977. It is a little dated, 
but remains the greatest first person account of the Law School experience. Use One L to get a 
glimpse of what to expect during the course of Law School.
Planet Law School II, by Atticus Falcon, Esq
. This book is not for the faint of heart. It offers a 
no-holds-barred approach to dissecting the Law School process. Written by a practicing 
attorney, it has a dark, and some would say cynical, outlook on Law School. But because of that 
it offers great advice on the purpose of Law School. At 800 pages it can be a bit of a slog, but if 
you can get through it and still want to go to Law School, you’ll be in better shape for it.
There are other books on Law School, but none offer as much value and insight as the two 
above. In fact, most are ponderous offer and incredibly dubious advice (ahem, Law School 
Confidential).
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