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Law Schools in India can strengthen the legal profession by inculcating critical
thinking among students by training them to “think like a lawyer.” Although,
it is not possible only through case law method of teaching because no
particular case law can develop better understanding without having
knowledge of jurisprudential basis of such concepts of law which have been
developed through such case. The Case method is collaboration of critical
legal thinking of scholar through his research with relevant cases towards the
solution of legal problem. Thus, in Case Method, a student is expected to
search the answer based on legal principles, logic and reasoning applied by
the courts in their judgments. Students are given some hypothetical problems
containing some clues in different ways and it is all upon the student's
potential to draw the inferences from those clues, if he/she possesses prior
knowledge about relevant legal principles and carefully studies the relevant
cases, can easily associate and recognize those clues, the connecting link,
and may form a provisional judgment (hypothesis) which he/she can later
verify, amend or reject, based on the conclusion or inferences drawn. There
is also a qualitative difference in the knowledge acquired in this way. Case
method reaches into the dynamics of the judicial process, especially the
adaptation of generalizations to the varying facts and social problems.

Learning
through Case Method helps to develop critical legal thinking, direct access
to primary legal authority, confidence building and professional attitude
under able guidance of the teacher.

students get more exposure and opportunity to discover the

law themselves. It has advantages both in the training of lawyers as well as
for students studying in law schools.

The Case Method is advantageous as a method for training young

lawyers, if the aims and objectives of the method are clearly ascertained and
well appraised to the students, it may be promoted at par with other
scientific methods of teaching. Students can learn better by doing rather
mere teaching in classroom through traditional methods. ‘By doing’ means
to provide a real learning environment to students. Today’s students would
be the future lawyers and lawyers’ primary work is to read, understand and
analyse the legal and judicial authorities in favour of their case in hand.
Students are trained in doing this preliminary work which will help
throughout their professional life. They also learn the techniques to content
analysis; identify obiter and ratio of the case; factual and philosophical part
of the case and most important thing is the generalisation values of the case.
It also helps to develop drafting skills and abilities to defend on legal
matters.

Role of the teacher in this method is to identify the technical issues,

legal principles, question of law and question of fact and to pose the crucial
questions before the students regarding judicial view, legal principles, logic
and reasoning applied by the court. Learning of the students through this
method will appear later in their professional career, they also learn to
articulate their ideas, which may have great value to lawyers community.

The knowledge of law

acquired by such reading will remain in the memory of students for years
and it is not forgotten.

1. case study method basically involves dissection of arguments and reasoning given in
a case and then responding to the questions and comments posed by the professor.
Whereas in the problem method focus is on the problem which is being allotted to a
student rather than a case.

2. In case study method students learn principally by listening to other students who
are engaged in a one-on-one dialogue with the teacher. Whereas problem method
act as more effective than the case method when judged by an array of important
criteria. These include motivating students, training students to perform as lawyers,
giving students actual practice at legal analysis, engaging students as problem-
solvers, developing students as active learners, and helping students to learn the
skills of collaboration.

3. In case study method one has to be very well versed with the legal principles,
legislative provisions and precedents so as to critically think on a particular case,
whereas in problem solving method it is not so.

4. In case study method, any legal concept is discussed with the help of illustrations
designed on some pre decided cases. Facts given are of those cases.
Whereas problem solving method is based on real life problems. Like what could you
suggest if unlawful demand of dowry is made to a women? What will you suggest if she is
being subjected to cruelty?
What will you do if some unauthorized person enters your house?

5. In case study method there is proper format as to drafting of a case, whereas in

problem solving method though there is a format but it is not fixed and it is flexible.

6. case study method requires case books and special study materials whereas problem
solving method requires no such materials.

7. The case method rely exclusively on vicarious learning and that impart skills
implicitly rather than explicitly. Whereas in problem the learning is self directed.

8. The kinds of questions that teachers ask in case study method is about facts, rules,
holdings, and reasoning. Legal educators extol the benefits of the problem method
in providing students with substantive practice at using analytical skills such as
problem identification, case synthesis, rule application, fact analysis, and
analogizing or distinguishing cases

9. students learn problem-solving skills from the case method, by “watching” lawyers
and judges whereas the problem method requires performance instead of watching.

Further, the analytical skill of creating transferable knowledge remains a challenge even with the
problem method. Teachers cannot assume that students will be able to transfer what they learn
from specific problems to other factual contexts. Just as analytical skills should be explicitly taught
through the case method, the skill of transferring knowledge from the problem method to new
facts and circumstances must also be explicitly taught.

the students are

required to participate with their full attention and curiosity to understand
and analyse the facts in the light of relevant legal principles, legislative
provisions, judicial precedents attracting such facts of the cases.

Case Method promotes and facilitates active learning14 which expedites

significant learning in following ways-15
Students are involved in more than mere listening.
Less emphasis is placed on transmitting information and more on
developing students' skills.
Students are involved in higher-order thinking (analysis, synthesis,
evaluation).
Students are engaged in activities (e.g., reading, discussing,
writing).
[Teachers] place greater emphasis ... on students' exploration of
their own attitudes and values.