Keith Mack
Reading case law can be a daunting task, especially for those new to the legal field. The sheer volume of cases and the complex language used can make it challenging to keep up. However, there are strategies that can help you improve your reading speed and comprehension. It is important to understand the purpose of reading a case and identify the relevant details. Pre-reading and skimming techniques can help you grasp the bigger picture, allowing you to decide which sections to focus on and which to skip. Additionally, note-taking methods such as highlighting, colour-coding, and summarising can enhance your understanding and retention. While it takes practice to master the skill of reading case law efficiently, these techniques will help you navigate legal texts with greater speed and confidence.
| Characteristics | Values |
|---|---|
| Reading technique | Read with purpose, focus on the bigger picture, and understand how cases fit together to form the current law. |
| Pre-reading | Spend 2-3 minutes pre-reading to get an overview of the case, including the outcome and elements of the case. This will help you read faster and retain more information. |
| Skimming and skipping | Skim through the judgment to find the most relevant parts, and skip paragraphs that are not relevant to your objective. |
| Highlighting and note-taking | Use highlighters and take brief notes in the margins to help you focus and process what you are reading. |
| Supplemental materials | Use supplements, case briefs, and headnotes to get a generalized understanding of the case before reading the full opinion. |
| Time management | Set manageable goals and don't try to read every case; focus on understanding the current state of the majority law and the reasoning behind it. |
| Memory aids | Use flashcards or apps like Anki to encode cases into your long-term memory. |
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What You'll Learn
- Manage your workload by setting goals and working through content gradually
- Pre-read to get the bigger picture and read faster
- Focus on the leading judgement to establish the ratio of a case
- Read with purpose and constantly consider whether the part of the judgement answers your question
- Use colour-coding and highlighters to help you focus and process what you're reading
Manage your workload by setting goals and working through content gradually
Law students are often presented with a long list of cases that their lecturers deem vital to read. However, it is practically impossible to read and absorb information from all of them. To tackle this, set manageable goals and work your way gradually through the content.
Firstly, understand why you are reading the assigned case. Review the table of contents or your professor's syllabus to understand how the case fits into the larger picture and what you should take away from it. This will help you to focus on the bigger picture and how your cases fit together to form the current law.
Next, pre-read the case. This should take no longer than two to three minutes for a 10-page case. Identify the outcome, the procedural history, facts, statement of rules, reasoning, and holding. This will help you to read faster and retain more information. It will also help you decide whether to skim, skip, or read a section, reducing the time spent on unnecessary material.
When reading the case, read with a purpose. Keep in mind exactly what you want to get out of it and whether the part of the judgment you are reading answers your question or serves your objective. If not, skim through the judgment until you find a relevant piece. Reading cases in full is a continual process of speeding up and slowing down your reading based on how relevant each section is to your objective.
Finally, take brief notes in the margins of your pages. For example, write 'I' for 'Issue' in the margin next to the issue. This will help you to quickly find all the relevant details and summarise the case into a few short bullet points.
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Pre-read to get the bigger picture and read faster
Pre-reading is a great way to get the bigger picture and read faster. It is a way to build comprehension and context before diving into the detail. By pre-reading, you can decide whether to skim, skip, or read a section, reducing the time spent on unnecessary material. It is recommended to pre-read a 10-page case in no more than two to three minutes to get an overview of the contents, allowing you to read the case quickly and easily.
Pre-reading gives you an understanding of the outcome and the elements of the case, such as procedural history, facts, statements of rules, and reasoning. This prior knowledge helps you identify the most relevant information and make connections between different cases, forming the bigger picture of the current law.
Additionally, pre-reading can be combined with other techniques to improve comprehension and memory retention. For example, you can use different colours to highlight key aspects such as facts, legal rules, arguments, and policy rationales. This colour-coding system helps with focus and processing the information. Taking brief notes in the margins, such as "I" for "Issue", is also a useful way to quickly identify important elements without getting bogged down in details.
It is important to remember that reading law cases is a skill that takes time and practice. Don't be discouraged if you don't immediately grasp the intricacies of case law. Set manageable goals and gradually work your way through the content. With experience, you will get faster at reading and understanding these complex texts.
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Focus on the leading judgement to establish the ratio of a case
When reading case law, it is important to have a clear purpose in mind. This will help you stay focused and prevent you from getting sidetracked by details and side issues. One key aspect to focus on is the leading judgment, which is crucial for establishing the ratio of a case.
The ratio, or ratio decidendi, is the rationale for the decision made by the court. It is the principle that the case establishes and is derived from the legal reasoning within the judgment. The ratio is essential for understanding the court's decision and can be binding on lower courts through the doctrine of stare decisis. However, finding the ratio can be challenging, especially in older cases where the ratio is not clearly separated from the obiter dicta (comments that are persuasive but not binding).
To establish the ratio of a case, focus on the leading judgment, which is the judgment that the majority of judges agree with. This will help you pinpoint the ratio more accurately. The leading judgment will outline the facts of the case, consider the legal arguments, and then provide the decision. While the ratio may not be in the summary of the facts, it is important to read them as the court's decision may depend on the specific circumstances of the case.
The court's analysis of the legal arguments and the precedents or legal principles they discuss are crucial for understanding the ratio. The ratio is often located at the end of the legal analysis, just before the court makes its final decision. It is important to note that the ratio may not always be explicitly stated, and judges may not provide clear guidance on what it is. However, with practice, you will develop the skill of identifying the ratio by focusing on the leading judgment and understanding the court's reasoning process.
In some cases, there may be multiple judgments or dissenting opinions, making it more challenging to identify the ratio. In such situations, it is helpful to look for commonalities in the judgments and understand the legal principles that influenced the majority decision. Remember that the ratio is specific to the circumstances of the case and may not always align with broader principles or previous decisions.
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Read with purpose and constantly consider whether the part of the judgement answers your question
Reading case law can be a daunting task, especially given the sheer volume of cases that need to be studied. A good way to approach this task is to read with purpose and constantly consider whether the part of the judgment answers your question.
Firstly, it is important to understand the basics of the case. This can be done by referring to textbooks, casebooks, or lecture handouts to gain a broad understanding of the facts and the area of law the case pertains to. This preliminary research will provide context and help you identify keywords to search for in the judgment.
When reading the judgment, maintain a "laser focus" on your objective. Keep asking yourself whether the part you are reading answers your question or contributes to your understanding of the legal principle at hand. If it doesn't, skim through that section and slow down when you find relevant information. This approach will save time and help you avoid getting sidetracked by details that may not be pertinent to your specific purpose.
Additionally, it is important to recognize that cases are often written by judges for other judges and lawyers, assuming a pre-existing understanding of the law. As a result, it is crucial to be alert for unusual "moves" or arguments that may be unexpected. Understanding the broader context and keeping your objective in mind will help you navigate these complexities more effectively.
Finally, consider using memory aids such as flashcards to encode the information into your long-term memory and facilitate recall during exams. By reading with purpose and staying focused on your specific goals, you can efficiently navigate the vast landscape of case law and extract the most relevant insights for your legal studies.
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Use colour-coding and highlighters to help you focus and process what you're reading
Colour-coding and highlighting are effective ways to help you focus and process what you're reading. It is a good way to make your reading more active, which can aid comprehension and memory retention.
First, decide on a colour-coding system that works for you. For example, you could use different colours for facts, legal rules, and the plaintiff's or prosecution's arguments. You could also use highlighting to number each point and then track the court's response to each point. For instance, if the court lays out a roadmap, you can number each point and then track it (1, 2, 3... 1a, 1b, 2, 3a, 3b, 3c).
Second, as you read, use your highlighters to mark the relevant sections. This will help you to visually identify the different elements of the case and quickly locate important information.
Third, consider combining your colour-coding system with other note-taking strategies. For example, you could use a different colour pen to write brief notes in the margins of the pages. This could be as simple as writing "I" for "Issue" in the margin next to the relevant section. Alternatively, you could use flashcards to summarise the key points and help you memorise the information.
Finally, remember that practice makes perfect. The more you use your colour-coding and highlighting system, the faster and more efficient you will become at identifying and processing the relevant information.
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Frequently asked questions
Understand why you are reading the case and what you want to get out of it. This will help you focus on the relevant information and avoid getting sidetracked by details and side issues.
Before reading, review the table of contents or your professor’s syllabus to understand how the case fits into the larger picture and what you should take away from it.
Pre-read the case to get the gist of it. This will help you decide whether to skim, skip or thoroughly read a section, reducing the time spent on unnecessary material.
Keep a laser focus on the relevant information. Don't get hung up on the details. Only read cases in full if you absolutely have to or if it will aid your understanding of a legal principle.
Use different colours to highlight important information, such as facts, legal rules, arguments and policy rationale. Alternatively, make flashcards or very brief notes in the margins of your pages.
