The How of Reading Cases

With school starting in less than a week, you should have started reading and briefing your first assignments. Below are some tips for how to actively read your assignments:

1. “Prep” the case: establish a framework for new material by identifying the topic before reading.
• Place in context from your syllabus, table of contents
• Know what you are going to read before you read by checking the topic in a hornbook

2. Pre-read the case
a. 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?
b. Skim for textual clues
• Are there key phrases: “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
• Procedural info: which court, what step in the proceedings.
• Identify issue: what is the controversy?
• 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?
What did the parties seek from the court?

4. Ask questions of the material as you read.
Is something not clear? 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. I bet it will show up in class discussion.

5. Identify what is important about each case.
• Learn to ask before your teacher does: "why is this case in the book?"
• "What does this 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: “kid kicks classmate” (Vosburg) or “kid pulls chair from under woman” (Daily) or “bull charges woman” (Bosley)