PrepTest 59, Section 4, Question 11

A proficiency in understanding, applying, and even formulating statutes�the actual texts of laws enacted by legislative bodies�is a vital aspect of the practice of law, but statutory law is often given too little attention by law schools. Much of legal education, with its focus on judicial decisions and analysis of cases, can give a law student the impression that the practice of law consists mainly in analyzing past cases to determine their relevance to a client's situation and arriving at a speculative interpretation of the law relevant to the client's legal problem.

Lawyers discover fairly soon, however, that much of their practice does not depend on the kind of painstaking analysis of cases that is performed in law school. For example, a lawyer representing the owner of a business can often find an explicit answer as to what the client should do about a certain tax-related issue by consulting the relevant statutes. In such a case the facts are clear and the statutes' relation to them transparent, so that the client's question can be answered by direct reference to the wording of the statutes. But statutes' meanings and their applicability to relevant situations are not always so obvious, and that is one reason that the ability to interpret them accurately is an essential skill for law students to learn.

Another skill that teaching statutory law would improve is synthesis. Law professors work hard at developing their students' ability to analyze individual cases, but in so doing they favor the ability to apply the law in particular cases over the ability to understand the interrelations among laws. In contrast, the study of all the statutes of a legal system in a certain small area of the law would enable the student to see how these laws form a coherent whole. Students would then be able to apply this ability to synthesize in other areas of statutory law that they encounter in their study or practice. This is especially important because most students intend to specialize in a chosen area, or areas, of the law.

One possible argument against including training in statutory law as a standard part of law school curricula is that many statutes vary from region to region within a nation, so that the mastery of a set of statutes would usually not be generally applicable. There is some truth to this objection; law schools that currently provide some training in statutes generally intend it as a preparation for practice in their particular region, but for schools that are nationally oriented, this could seem to be an inappropriate investment of time and resources. But while the knowledge of a particular region's statutory law is not generally transferable to other regions, the skills acquired in mastering a particular set of statutes are, making the study of statutory law an important undertaking even for law schools with a national orientation.

A proficiency in understanding, applying, and even formulating statutes�the actual texts of laws enacted by legislative bodies�is a vital aspect of the practice of law, but statutory law is often given too little attention by law schools. Much of legal education, with its focus on judicial decisions and analysis of cases, can give a law student the impression that the practice of law consists mainly in analyzing past cases to determine their relevance to a client's situation and arriving at a speculative interpretation of the law relevant to the client's legal problem.

Lawyers discover fairly soon, however, that much of their practice does not depend on the kind of painstaking analysis of cases that is performed in law school. For example, a lawyer representing the owner of a business can often find an explicit answer as to what the client should do about a certain tax-related issue by consulting the relevant statutes. In such a case the facts are clear and the statutes' relation to them transparent, so that the client's question can be answered by direct reference to the wording of the statutes. But statutes' meanings and their applicability to relevant situations are not always so obvious, and that is one reason that the ability to interpret them accurately is an essential skill for law students to learn.

Another skill that teaching statutory law would improve is synthesis. Law professors work hard at developing their students' ability to analyze individual cases, but in so doing they favor the ability to apply the law in particular cases over the ability to understand the interrelations among laws. In contrast, the study of all the statutes of a legal system in a certain small area of the law would enable the student to see how these laws form a coherent whole. Students would then be able to apply this ability to synthesize in other areas of statutory law that they encounter in their study or practice. This is especially important because most students intend to specialize in a chosen area, or areas, of the law.

One possible argument against including training in statutory law as a standard part of law school curricula is that many statutes vary from region to region within a nation, so that the mastery of a set of statutes would usually not be generally applicable. There is some truth to this objection; law schools that currently provide some training in statutes generally intend it as a preparation for practice in their particular region, but for schools that are nationally oriented, this could seem to be an inappropriate investment of time and resources. But while the knowledge of a particular region's statutory law is not generally transferable to other regions, the skills acquired in mastering a particular set of statutes are, making the study of statutory law an important undertaking even for law schools with a national orientation.