ACE - Reading for Success

24/08/2010 11:54:00

What are we trying to get you to do? The law is not static. There is no law to learn. There are rules, but many are not permanent. There is more to reading a case than trying to determine who did what to whom. You are at once learning legal rules, legal reasoning, critical analysis and policy. So a lot is going on at once. Why Cases? Cases provide a useful mechanism for teaching 1) legal rules, 2) legal reasoning, 3) critical analysis, 4)policy Legal rules: often found in what the court decided Legal Reasoning Why the court decided as it did. o Sometimes the reasoning of the court is obvious, sometimes it is not. Critical analysis o Is the decision legally correct, clearly reasoned and fair? o Is the reasoning appropriate or debatable? Is the application of the principle to the facts appropriate or debatable? (It may be reasonable for the court to decide that accidental Policy To what extent did policy considerations influence the decision? (A decision protecting a patent-holder may reflect the courts view that patents are goo because they encourage innovation.) o TO what extent will the decision influence the policy? Anatomy of a case Who sued whom? (parties, unlimited) For What? (relief sought/objective) Why? (Legal Theory) What did the defendant say in response? What happened at the trial court? (background/procedural history) What does the appellate court have to decide? (the issues) What did the appellate court decide about the issues? (holding)

Why? (reasoning) Asa result of its decision about the issues, how did the appellate court dispose of the case? (disposition)

Keys to Analytical Reading Legal Issue(s) presented Holding (what did the court decide?) This defendant is not guilty versus It is never muder of the death was accidental Material Facts o you cant know as you read which facts are material Learn to Generalize o Take the specific holding and try to make it more general Analyze Evaluate

Suppose the peds family sues drivers employer for monetary compensation. They lose. Which is the generalizable principle? A ped. v. drivers employer (for employer to be liable, conduct must be within scope of employment) Analyze in context (make sure you ask why these cases were included in the text book why are we reading these cases) Does the new case follow the general rule? Does the new case extend the generl rule to cover new facts? Distinguish or narrow the rule so that it does not apply to the facts of the case at bar? To what extent are there policy concerns? (stated or unstated?) Justifiabily overrule an old rule and adopt a more modern rule? Analyze theories and rationales Within an opinion and within groups of opinions o Reconcile, differentiate, look for trends o impact of legal theiroes (critical analysis, law and economics)

Evaluate This is in part based on your opinion (which oyu should develop and maintain) and in part based on your growing understanding of an area of the law. Is the rule sound? Is the reasoning sound? Did the court apply the rule it said it was applying? Strategies for Classroom Success What are the main points your professor is likely to stree? Why did the casegook authors choose this case? Why did the place it where they did? Components of a Brief Heading (Case name; court; date) Issue(s) presented Cause of Action/Defenses Material Facts Procedural History Final Tips Read in Context (syllabus and Table of contents) Plan for class (anticipate questions) Write down the questions the professor asks during class. Develop a method (skim and re-read? summarize facts and cause of action?) Make marks strategically (colors, underline, asterisks) Dont skip unfamiliar terms or concepts. Test your memory. Recite main points out loud. Use your own words. Review. Use professors questions to test your preparation.

24/08/2010 11:54:00

24/08/2010 11:54:00