Gavin Howe
Learning law cases can be challenging, especially for first-year law students. It involves understanding complex concepts and a lot of reading, akin to learning a new language. A good strategy is to divide and conquer, focusing on understanding the legal principles and their application rather than memorising every detail. Casebooks are recommended as they provide context and relevant excerpts, making it easier to grasp the wider area of law. Online sources can also be useful for finding case summaries, but these often lack context. Effective techniques include briefing cases, taking notes, and creating outlines to aid revision and exam preparation. Additionally, forming study groups, taking practice exams, and reviewing regularly can enhance understanding and retention. It's important to stay organised and manage time effectively to avoid falling behind.
| Characteristics | Values |
|---|---|
| Reading technique | Learn good reading techniques, such as reading at a time of day when you are most alert and in a distraction-free location. |
| Understanding the case | Understand the background and context of the case, including the relevant court and year. |
| Terminology | Look up any unfamiliar terms or jargon. |
| Summaries | Read case summaries and casebooks, which provide context and legal principles. |
| Note-taking | Take concise notes in bullet points or short phrases, including legally significant facts, the holding of the case, and the rationale for the court's decision. |
| Memorisation | Use flashcards, mind maps, and other memory aids to memorise key facts and points of law. |
| Practice | Take practice exams and create a study plan to prepare for exams. |
| Study groups | Consider forming a study group to increase understanding and gain study tips. |
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What You'll Learn
Understand the case method
The case method is a teaching approach that uses decision-forcing cases to put students in the role of people who were faced with difficult decisions in the past. It was invented by Christopher Columbus Langdell, Dean of Harvard Law School from 1870 to 1895. Langdell wrote the first casebook, entitled "A Selection of Cases on the Law of Contracts", a collection of settled cases meant to illuminate the current state of contract law.
The case method eschews explanation and encourages exploration. In a course that relies entirely on the casebook, you will never come across a printed list of "laws". Instead, you will learn that in many areas of law, there is no such thing as a static set of rules, but only a constantly evolving system of principles. You are expected to understand the law through a critical examination of a series of cases that were decided according to such principles.
In practical terms, the case method works like this: For every class meeting, you will be assigned a number of cases to read. These are the written judicial opinions rendered in court cases that were decided at the appellate level. The reason for reading cases from courts of appeals or supreme courts is that such cases turn on issues of law, not of fact. You will then write briefs of these cases, which are your attempts to summarise the issues and laws around which a particular case revolves and to make sense of the court's findings in terms of similar cases.
To prepare for exams, it is essential to establish a system that will allow you to recall the appropriate case for a given legal circumstance. This is especially true since most of your exams will be open-book. Outlines, whether self-written, created in a study group, or bought, will be an intrinsic part of this system.
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Read casebooks
Reading law casebooks can be challenging, especially for first-year law students, as cases are written by lawyers for lawyers and contain technical legal jargon. However, there are strategies you can use to get the most out of reading casebooks and improve your understanding of the law.
First, it's important to know when to read a case in full and when to rely on other sources for information. In most cases, you only need to understand the principle of the case, and you can achieve this by reading your lecture handouts, textbooks, or casebooks. If you need more clarification, you can search through the judgment using keywords or look up a case comment in a law journal, as the author may explain the judgment more clearly than the judges.
Casebooks are written in a logical order that makes it easier to understand how cases and principles fit into the broader area of law. They include relevant excerpts from the cases and provide context that may be missing from online case summaries. When reading a casebook, pay attention to the footnotes, as they often contain information crucial to understanding a concept. Additionally, take note of any party designations and make quick margin notes to avoid confusion later on.
To improve comprehension and avoid boredom, it's essential to learn how to skip effectively. You can usually skip over discussions of historical rules that have already been mentioned in previous cases and ancillary legal concepts that are not relevant to the main legal concept. Knowing the outcome of a case can also help you understand the judge's reasoning and make reading the case quicker and easier.
Finally, active reading is crucial to ensuring you retain what you're reading. Set objectives for your reading and constantly evaluate whether the information aligns with your goals. Take notes and write down thoughts and questions in the margins of your casebook. Discuss the material with classmates and instructors, and don't be afraid to ask for help if you come across challenging concepts.
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Learn to brief cases
Learning to brief cases is an important skill for aspiring lawyers. Briefing cases is not just for law school; it is a skill that will follow you into practice. As a lawyer, you will have to read and analyse cases with a careful eye for detail. You will also need to summarise cases when writing legal memoranda, briefs, and other documents, as well as when making oral arguments in court.
A brief is a written summary of a case. To prepare one, you must identify the case's most important parts and restate them in your own words. Reading the case carefully and thoroughly will help you describe the case accurately. Describing the case in your own words forces you to determine what the courts said, which concepts and facts were essential to its decision, and the proper legal terminology and procedures. Case briefs are a necessary study aid in law school that helps to encapsulate and analyse the large volume of material that law students must digest.
There are many different ways to brief a case, and you should use the format that is most useful for your class and exam preparations. Regardless of the format, every brief should include the following information:
- The right caption: Begin with the case name, the court that decided it, the year it was decided, and the page on which it appears in the casebook.
- Identify the case facts: State the facts of the case, including only those that are legally relevant. A fact is legally relevant if it had an impact on the case's outcome.
- Outline the procedural history: Identify the type of legal action the plaintiff brought. Describe how the trial court and, if applicable, the lower appellate court decided the case and why.
- State the issues in question: Describe the opinion you are briefing. State the factual and legal questions that the court had to decide.
- State the holding in your words: Answer each question in the issues section briefly, and then explain the legal principle on which the court relied to reach that answer (the "holding").
Remember, the purpose of a brief is to remind you of the important details that make the case significant in terms of the law. It will be a reference tool when you are drilled by a professor and will be a study aid when you prepare for exams. A well-constructed brief will save you lots of time by removing the need to return to the case to remember the important details.
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Create study aids
The case method of learning law encourages exploration rather than explanation. You will be expected to understand the law and its ambiguities through a critical examination of a series of cases. This can be challenging, so it is important to create effective study aids.
Firstly, it is important to note that there is no one-size-fits-all approach to study aids. Some students prefer depth, while others prefer brevity. It is a personal choice, and you may need to experiment with different methods.
A good place to start is with a casebook. These are written in a logical order that makes it easier to understand how cases and principles fit into the wider area of law. They include relevant excerpts from cases, rather than just summaries. Casebooks are a good way to learn the background facts that give legal principles context.
However, for many cases, simply knowing the principle is enough. In these instances, you can refer to concise hornbooks, which offer simplified analyses of fundamental areas of law.
To prepare for exams, you will need to create outlines that integrate your case briefs and class notes. You can do this on your own, with a study group, or by using a commercial outline.
Online study aids can also be helpful. Examples include:
- PracticePerfect: A video library that explains core legal concepts and includes multiple-choice quizzes.
- Nutshells: Textual explanations and summaries of particular areas of law with references to key cases and statutes.
- Q&A series: Short summaries with explanations of legal concepts and terms, exam tips, and study tools.
- Short & Happy Guides: Overviews of specific areas of law with a focus on key concepts and their relationships. These guides use humour, imagery, and metaphor to make concepts memorable.
- Understanding series: Accessible and thorough analyses and discussions of particular legal subjects.
- Emanuel CrunchTime: A study aid that includes flow charts, summaries, exam tips, and sample questions with model answers.
- Law in a Flash: A set of flashcards that can be used for quick studying.
- Short & Happy Guides: These guides focus on key points and break down black-letter laws into manageable pieces. They often include flowcharts and graphics, with a touch of humour.
- Glannon Guides: These guides mirror the classroom experience, providing straightforward explanations of tough concepts.
- CALI lessons: Computer-based interactive tutorials that cover narrow topics of law and all first-year subjects.
Finally, remember that reading and understanding cases is a skill that needs to be honed. Whenever you come across an unfamiliar word, look it up.
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Practise with others
Learning law cases can be challenging, but practising with others can make it more manageable and even enjoyable. Here are some tips to maximise your learning when practising with others:
Form a Study Group
Consider forming a study group with classmates or friends who are also learning about law. Explaining legal concepts to others and discussing them can reinforce your understanding and retention of the material. It can also be a great way to gain insight into different perspectives and approaches to studying and understanding cases. When forming a study group, look for individuals who are well-prepared, have similar academic goals, and are committed to creating a focused and productive learning environment.
Practise with Mock Trials
Participating in mock trials or moot court exercises is an excellent way to put your knowledge of law cases into practice. These simulations allow you to apply the theories and principles you've learned to hypothetical or real-world scenarios. By arguing a case, you'll gain a deeper understanding of the intricacies of the law and improve your critical thinking and analytical skills. Mock trials also help you develop essential skills such as public speaking, persuasion, and quick thinking, which are valuable for a career in law.
Test Each Other
Studying with others provides an opportunity to test your knowledge and understanding of law cases. Create flashcards or case cards with the name of a case on one side and the key facts, legal principles, and points of law on the other. Take turns quizzing each other on these cards, challenging yourselves to recall the information without looking. This active form of learning helps to reinforce your memory and identifies areas that require further review.
Review Past Exam Questions Together
Collaborating with peers to review past exam questions is an effective way to prepare for law exams. Choose a past exam question and discuss the relevant cases and legal principles that apply. Consider how you would approach answering the question and how the cases could be used to support your arguments. This exercise helps you think critically about how to apply your knowledge of law cases to exam scenarios and strengthens your ability to analyse and apply the law.
Learn from Each Other's Strengths
When practising with others, recognise that everyone has unique strengths and approaches to learning. Embrace these differences and learn from your peers. If someone in your study group excels at a particular aspect, such as case analysis or legal writing, ask them to share their strategies. By learning from each other's strengths, you can develop new study techniques, improve your understanding of complex cases, and become a more well-rounded legal thinker.
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Frequently asked questions
The best way to learn law cases is to read casebooks, which are written in a logical order that makes it easy to understand how cases and principles fit into the wider area of law. Casebooks also include relevant excerpts from the cases themselves. It is important to understand the legal principles of the cases and how they can be applied to answer essay questions about specific legal topics or answer legal problem questions.
A casebook is a textbook used in law school. It contains a series of cases that were decided according to evolving systems of principles.
There are several ways to revise law cases. One way is to make case cards, writing the name of the case on one side of a card, and the key facts and points of law on the other. You can then test yourself or get friends and family to test you. Another way is to make brief case notes on larger pieces of paper and stick them up where you live, work or spend time. You can also try to summarise the issues and laws around which a particular case revolves and make sense of the court's findings in terms of similar cases.
Understanding cases in a casebook can be difficult as they are written on the assumption that the reader already knows the law. Casebooks deal with the opinions written by judges for other judges and for lawyers. It is important to understand the background of undisputed questions of law that are not being discussed. Reading and understanding cases is a skill that needs to be honed.
