Keith Mack
Reading and understanding case law is a challenging task, especially for those new to the legal field. Judicial opinions are written for judges and lawyers, assuming prior knowledge of the law, which can make it difficult for students to grasp the context and nuances of the case. To overcome this, law students can employ various strategies such as using highlighting systems, reading supplements, and engaging in discussions with peers and instructors. Additionally, understanding the structure of legal citations and the role of precedent in criminal procedure can aid in navigating case law effectively. While there is no easy solution for unstated assumptions, a combination of reading, re-reading, and class discussions can help improve comprehension.
| Characteristics | Values |
|---|---|
| Reading material | Reading the material and hoping that all will become clear in class |
| Asking others | Discussing the material with classmates, second or third-year students, instructors, or editors of the casebook |
| Re-reading | Re-reading the case to pick up on crucial details |
| Highlighting | Using a highlighting system to identify important information |
| Understanding opinions | Understanding the opinions of judges and why they made their decisions |
| Precedent | Recognising the importance of precedent and the doctrine of stare decisis |
| Understanding decisions | Noting whether decisions follow past cases or break new ground |
| Government action | Identifying specific facts demonstrating government action and the quantum of proof |
| Constitutional provisions | Recognising any violations of constitutional provisions, statutes, or rules by officials |
| Legal citations | Interpreting legal citations to find case publications and decisions |
| Appellate cases | Understanding that appellate cases involve a higher court reviewing a lower court's action |
| Certiorari | Knowing that certiorari is granted when a case raises an important constitutional issue |
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What You'll Learn
Understand the background of undisputed questions of law
Understanding the background of undisputed questions of law is crucial when studying a case. This involves comprehending the root cause that led to the case being filed in court. It is important to recognise that when a case comes to court, the parties involved may agree on some facts, but disagree on others. The agreed-upon facts are considered undisputed, while the points of contention are referred to as disputed facts or issues of fact.
Undisputed questions of law refer to aspects of the case that are not in dispute and are generally accepted as true. These can include facts or evidence that both parties agree on. Understanding these undisputed aspects is essential because it provides a foundation for grasping the more complex legal reasoning and arguments presented in the case.
To illustrate, consider a scenario where a driver fails to brake and hits a pedestrian in a crosswalk. The fact that the driver did not apply the brakes is an undisputed material fact. This undisputed fact forms the basis for further legal arguments and analysis. By understanding this background, you can follow the legal reasoning and appreciate the implications of this undisputed fact on the case's outcome.
Additionally, recognising undisputed questions of law helps identify the disputed issues that are at the core of the case. By understanding what is not being contested, you can focus on the points of contention and analyse how these disputes will be resolved through legal means. This process involves applying the relevant law to the disputed facts and determining the legal consequences and permissible inferences.
In summary, understanding the background of undisputed questions of law is a critical aspect of reading and interpreting case law. It provides context, helps identify points of contention, and enables a deeper analysis of the legal arguments and their implications. By grasping these undisputed aspects, you can develop a comprehensive understanding of the case and improve your legal knowledge and skills.
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Identify the key language and important facts
When reading case law, it is important to identify the key language and important facts. This can be challenging, as legal opinions are often written by judges for other judges and lawyers, assuming prior knowledge of the law. To identify the key language and facts, consider the following strategies:
Firstly, it is essential to understand the context and background of the case. This includes recognising the specific facts demonstrating government action and the quantum of proof for that action. What were the actions of the government or law enforcement officials that led the defendant to claim errors or misconduct? What evidence or proof did the government or officials present to justify their actions? Identifying these key facts will help you understand the basis for the legal discussion and identify the important language used to describe them.
Additionally, pay close attention to the specific language and terminology used in the case law. Legal opinions often involve complex language and definitions, and understanding these terms is crucial. Highlighting or annotating key phrases and definitions can be helpful. As you become more familiar with legal terminology, you will better identify the critical language shaping the case's outcome.
Another strategy is to discuss the material with classmates or more experienced law students. They may provide valuable insights or alternative interpretations of the material. Instructors and editors of casebooks may also recommend collateral reading, which can help clarify key concepts and facts. Re-reading the case and discussing it with others can often bring new insights and help identify the most important language and facts.
When reading case law, it is also essential to understand the role of precedent and the doctrine of stare decisis, especially in criminal procedure. Consider whether the case follows past decisions or breaks new ground. This understanding will help you identify the critical language and facts that shape legal precedent and future decisions.
Finally, when identifying key language and facts, pay attention to the structure and format of the case law. For example, issues and questions usually start with "whether" and tend to appear at the beginning of the case. Understanding this structure will help you navigate the case more effectively and identify the critical sections containing the most important language and facts.
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Recognise the precedent and doctrine of stare decisis
Stare decisis is a legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case. The term stare decisis is derived from Latin and means "to stand by things decided" or "let the decision stand". It is a foundational concept in the American legal system, as well as in the United Kingdom and some other former British colonies.
Stare decisis creates uniformity in a civil law system by providing judges with a common and evolving collection of decisions that will be applied in all cases. It lessens the need for subsequent litigation and saves the time and energy of the judiciary by preventing them from having to continually decide the same legal question or issue if it has already been decided in another case. It also prevents judges from acting arbitrarily or with bias, thus promoting equal protection under the law.
Stare decisis operates both horizontally and vertically. Horizontal stare decisis refers to a court adhering to its own precedent or the precedent of another court at the same level. For example, if the Seventh Circuit Court of Appeals follows the ruling of a previous Seventh Circuit Court of Appeals case, that would be horizontal stare decisis. Vertical stare decisis, on the other hand, occurs when a court applies precedent from a higher court. For instance, if the Seventh Circuit Court of Appeals follows a previous ruling from the U.S. Supreme Court, that would be vertical stare decisis.
While stare decisis is a critical doctrine, it is not static and can evolve as society and its beliefs change. Additionally, there are rare cases where the U.S. Supreme Court may overturn its own precedent or the precedent of lower courts if there is a ""particular rationale" or "strong grounds" to do so.
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Understand why judges made their decisions
When reading and trying to understand case law, it is important to understand why judges made their decisions. Judges' opinions are written for other judges and lawyers, and they often assume prior knowledge of the law. Therefore, it can be challenging for law students to understand the context and reasoning behind the decisions made.
Judges' decisions are based on precedent, which refers to rulings made in previous similar cases. This principle is known as stare decisis, which means "to stand by things decided". When a similar case has already been resolved, judges typically follow the precedent set in that previous decision. This helps maintain consistency in the law and prevents arbitrary decision-making. However, in cases of first impression with no precedent, judges have the power to establish new precedent.
To understand why judges made their decisions, it is crucial to identify the most important reasons provided in their opinions. Sometimes, judges may be reluctant to explicitly state their reasoning, requiring readers to interpret between the lines. Discussing these opinions with others, such as classmates or more experienced law students, can help clarify the "real" reason behind the judges' decisions.
Additionally, it is important to consider the broader context and the specific circumstances of the case. Judges may take into account evolving cultural, social, and economic conditions when interpreting and applying precedent. By understanding the underlying principles and values that influenced the judges' decisions, readers can gain a deeper insight into the case law.
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Learn how to find and interpret legal citations
Legal citations are references to specific legal sources, such as a constitution, a statute, a reported case, a treatise, or a law review article. They are an essential part of legal writing and research, allowing for the easy identification and location of relevant legal authorities. The standard format for a citation includes the volume number, the title of the source (usually abbreviated), and a page or section number.
Case citations, for example, generally include the names of the parties involved, the volume number, the abbreviated name of the reporter, the page number, and the year the case was decided. For instance, in the citation "Hebb v. Severson, 201 P.2d 156 (Wash. 1948)", "Hebb and Severson" are the parties in the case, "201" is the volume number, "P.2d" is the abbreviated reporter, "156" is the starting page number, and "1948" is the year.
Statutory citations, on the other hand, refer to laws passed by legislative bodies. In the United States, federal statutory citations include the title of the code, the section number, and the year. For example, "42 U.S.C. § 1983 (2006)" refers to section 1983 of title 42 of the United States Code, which was passed in 2006.
State statutory codes, such as the California Codes, follow different formats. California Codes do not begin with numbers but include the title of the code, the section number, the publisher, and the date of the volume. Citations to the United States Code and California Codes do not use parallel citations since there is no official code for California, and the numbering is uniform for both official and unofficial codes.
To decipher abbreviations in legal citations, you can refer to resources such as the Cardiff Index to Legal Abbreviations, The Bluebook: A Uniform System of Citation, ALWD Citation Manual, or Bieber's Dictionary of Legal Abbreviations. These tools can help you understand and interpret legal citations accurately.
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Frequently asked questions
Reading case law can be daunting, especially for beginners, as the opinions are written by judges for other judges and lawyers. It is recommended to read the material and discuss it with others, such as classmates or more senior students, to gain a better understanding. Reading supplementary material and highlighting key phrases can also aid comprehension.
When reading case law, it is important to keep in mind the concept of precedent and stare decisis, which means "to stand by things decided". Look out for whether decisions are following past cases or breaking new ground.
Most cases in law school textbooks are appellate court cases, which means a lower court has already taken action, and one party has asked a higher court to review the decision. This could be due to alleged errors or unlawful conduct by those involved in the trial court. Only defendants can appeal convictions, and the government cannot appeal acquittals.
Legal citations provide information about the publication of a case. For example, in "Bostick v. State, the citation 554 So.2d 1153 (Fla. 1989)" indicates that the case can be found in volume 554 of the Southern Reporter, starting on page 1153, and was decided by the Florida Supreme Court in 1989.
