Case Reading


The How of Reading Cases


  1. “Prep” the case
    Establish a framework for new material by identifying the topic before reading the case.
    • Place in context from your syllabus, table of contents
    • Know what you are going to read before you read by check the topic in a hornbook
  2. Pre-read the case
    1. Look for organizational clues
      • How long is it?
      • How is the opinion organized?
      • Are there headings to the opinion’s organization or main points? Is there a dissent?
    2. Skim for textual clues?
      • Are there key phrases: “it is important,” “the rule is well-established,” “there is a two-part test”?
  3. Read actively
    Place yourself in context - who, what, when, where
    • Identify the parties by their legal relationship
    • Note procedural information: which court, what step in the proceedings
    • Identify the issue in controversy
    • What did the parties seek from the court?
    • What does resolution of the matter depend on?

    Identify the court’s decision before you begin reading to provide focus and context. Focus on the basics which are easily overlooked in the rush to find the rules:
    • What was the disposition of the case? (What happened?)
    • What did the court decide?
    • Who “won”?
    • What relief did the court grant?
  4. Ask questions of the material as you read
    Is something not clear to you? If the court’s reasoning seems off, question it. If you see a conflict or a result that doesn’t comport with the reasoning, note it. It is likely to show up in class discussion.
  5. Read each case with an eye toward its role in the scheme of things
    • Learn to ask before your professor does: “why is this case in the book?”
    • What does it teach me that I did not know before?
    • What does the case add to my understanding of this area of law?”
  6. Write notes instead of highlighting
    If you take the time to write a note that states its meaning to you, then you’ve captured its significance in your head.
  7. Keep moving
    You won’t understand everything the first time around.
    But you can’t get stuck. Move on. Sometimes the concurring or dissenting opinion will shed more light on the issue than the majority opinion. Often the next opinion in the case book will be helpful.
  8. Sum up the case
    Force yourself to write a tag line identifier for each case at the top of your brief. This is useful for jogging your memory. For example: “child kicks classmate” (Vosburg) or “five-year-old pulls chair from under woman” (Daily) or “bull charges woman” (Bosley)

 

More Reading Guidelines

Understand the structure of your case books:

Chapters in a casebook are arranged according to broad topic areas that illustrate the general principles of the body of law. The first case in a chapter, also known as the "principal case," usually illustrates the broad rule for that section of the book. The main case is then followed by a series of note cases or “squib cases” that show any of the following:
  • A refinement of the general rule
  • Another application of the rule
  • Exceptions to the rule
  • Illustrate a different interpretation or application of the same rule
  • Policy considerations
  • Show a dissenting rule

General points:

  • The time factor: Learn how long it takes you to read/brief a case. Develop a “time ruler” so you can allocate your time. Some subjects take more time than others.

    Set definite time limits and work within those limits. Time is your most precious commodity and you can’t afford to waste it.
  • Multiple readings: plan on reading a case through at least twice – once to get a sense of the case, and then again to prepare your written brief.
  • Vocabulary counts. Plan on using your legal dictionary to look up every word you don’t know. You can’t guess at words and figure them out from context. You have as yet no context. Some ordinary words have specific legal meanings.
  • Know your assignment: keep up with assignments and complete them all. Unless told otherwise, read the notes and problems that follow the cases. These are fertile fields for professors’ questions. Being prepared for class means that you’ve read and thought about answers to these questions.