Strategies for Reading Legal Cases

Importance of Reading Judicial Opinions

• Reading cases is a cornerstone of legal education.
• It's essential for understanding legal precedents and developing original legal thinking.
• Passive reading is insufficient; active, intentional reading is required.

Active Reading Strategies

Video Overview

• The lecture includes a video demonstrating case reading strategies through a non-lawyer's perspective.
• The video lists six explicit steps for reading legal cases.

Steps for Reading Legal Cases

1. Contextual Understanding

   • Identify the parties, court, date of decision, and judge.
   • Note editorial headings that highlight legal issues.

2. Overview Reading

   • Gain a feel for the case structure.
   • Identify procedural history, disputes, facts, and the final decision.

3. Analytical Re-reading

   • Identify and understand complex terms, facts, rules, and decisions.
   • Ensure comprehension of the court’s decision on each issue.

4. Marking Key Information

   • Highlight dates, issues, rules, and important terms.
   • Use book briefing techniques for easy referencing later.

5. Synthesis

   • Analyze how the issue, decision, rule, and reasoning fit together.
   • Generate hypothetical scenarios to understand the court's reasoning.

6. Critical Evaluation

   • Form and justify personal opinions on the court's decision.
   • Recognize and critique potential flaws in the case.

Conclusion and Reflection

• Reading cases involves multiple readings: a quick overview followed by an analytical re-read.
• Active engagement with the material is crucial.
• Evaluate cases to develop critical legal thinking and form original opinions.

Final Thoughts

• Learning to read cases like a lawyer involves understanding context, marking key information, and critically evaluating the court's decisions.
• These strategies help develop the ability to think like a lawyer, an essential skill in legal education.