• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Law School Toolbox®

All the tools you need for law school success

  • Tutoring
  • Courses
    • Start Law School Right
  • Job Help
  • Law School 101
  • Blog
  • Podcast
  • About

6 Easy Tips For Reading Cases More Effectively in Law School

May 19, 2017 By John Passmore 1 Comment

6 Easy Tips for Reading Cases More EffectivelyPreparing for law school classes generally means reading cases. While avoiding a public shaming compliments of the Socratic Method is a great motivator, keeping up with your reading is truly worth the time and effort. Amongst the busyness of law school, reading assigned cases uniquely forces you to digest course material as it comes. But preparing effectively and efficiently is key to your law school success and your sanity.

Whatever your case reading and briefing strategy, here are 6 quick and easy tips that will improve your comprehension and make your reading more effective:

Know The Court’s Jurisdiction

This seems simple, but knowing your jurisdiction can make all the difference. Note what jurisdiction you are in – is the case from a state or federal court? And what level is the court writing the opinion – is it a court of appeals or supreme court opinion? These factors are important in understanding the authority of the court writing the opinion and the scope of the decision. Particularly as you become more familiar with reading state and federal cases, you will begin to recognize the unique law and procedural aspects that can help you to avoid confusion and focus on the key holding of the case.

Pay Attention To The Party Names And Designations

Although it is easy to skip over it, read the party names and their party designations (e.g., petitioner, relator, respondent). Casebooks may give you less information on parties than a full opinion, but whatever party information you have is important. If you have party designations, make a quick margin note of which party is which to avoid wasting time sorting it out later. The court generally moves to either discussing the parties by name or by their designation, so it pays to get the parties straight up front.

Read The Procedural Posture Paragraph

Be sure to read the procedural posture that is usually provided in the first few paragraphs of a case. While dry, it is important to orient yourself procedurally – even if it is not reading for a procedure-based class. Is it an appeal from a final judgment or an interlocutory appeal? Is it an original proceeding in the appellate court? Each will elicit from the court different standards of review and types of analysis. If you catch this detail before trying to understand the opinion, you will be freer to focus on the substantive issue addressed.

Watch Out For Syllabuses, Concurrences, and Dissents

Watch out for concurring or dissenting opinions following the majority opinion. Class discussion will generally be driven by majority opinions, but your case might not do a good job of highlighting were the concurrences or dissents begin. As you read, highlight or make a large margin note that you will not miss to warn that you are leaving the majority opinion. In the heat of a cold call, you don’t want to start reading from a portion of the dissent without knowing it. This happens more often than you would think and you don’t want to be on the wrong side of that “teachable moment.”

Also, note casebook introductions and case syllabuses. These can provide helpful context, but remember these are not citable case law.

Read Footnotes

Footnotes can be key to understanding a case. Particularly if you are reading from a casebook, footnotes included will inevitably contain a hidden key to understanding a concept or at least provide fodder for a tough question in class. The return on investment from reading casebook footnotes is huge. Even outside of a casebook, if some aspect of a case is not making sense as you read, look for an explanatory footnote. Courts can be extremely helpful in explaining tricky concepts or odd procedural occurrences, but they are only helpful if you read them!

Distinguish Propositions Of Law, Propositions Of Fact, And Mixed Propositions

Keep in mind that not all propositions in a case are made equal. There are three primary kinds of case law propositions –

Propositions of Law – Propositions of law are universal statements of law provided by the court. These will not be mixed with facts of the case. Such propositions may be drawn from other case law or statutes, but they will state a rule of law. Within the jurisdiction, propositions of law will be just as true in one case as they will be in another.

Propositions of Fact – Propositions of fact are the factual circumstances that brought the legal question to the court. The facts are important, but don’t get lost in the facts. Especially in appellate opinions, you won’t get all of the facts, so, as they say, don’t fight the facts. Try to keep a quick summary of the facts in mind in case you are called on to recite the facts, but understanding how the propositions of law are applied is more important than memorizing every fact given in an opinion.

Mixed Propositions – Mixed propositions apply the law to the facts of the case. Including both facts and law, these propositions explain how the court is applying the law. Remember these propositions are bound to the facts of the case, so applying such conclusions to other cases has to be done by analogy.

When analyzing your case, making these distinctions as you go can help you to tease out the kernel of the law that the case is meant to teach without wasting time.

**Carefully reading your assigned cases and implementing a preparation strategy that works best for you is always advisable, but if you are a chronic skimmer or just find yourself in a time jam one day, following these tips is a great investment of your pre-class cramming time. They will at least inform your guessing and improve your odds of bluffing through a cold call.


 

Looking for some help to do your best in law school? Find out about our law school tutoring options.


About John Passmore

John Passmore is a family-violence nonprofit attorney in the Dallas-Fort Worth area. He previously served as an Assistant Attorney General in the Texas Office of the Attorney General - Child Support Division. He received his B.A. from Texas A&M University and his J.D. from The Catholic University of America, Columbus School of Law. John and his wife enjoy drinking coffee and chasing around their children and standard poodle named Sebastian.

Reader Interactions

Trackbacks

  1. Key Strategies to Thrive and Succeed in Law School says:
    January 8, 2021 at 7:57 am

    […] is not to exaggerate, but you will realize that next to sleeping, breathing, and sleeping, reading will become part of your life. When the professor instructs you to read cases and digests, do so, as it will always be likely […]

    Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

  • Podcast
  • Facebook
  • RSS
  • Twitter

About Us

If you find law school tough, you are not alone! The Law School Toolbox team is here to help you through it. Check out our helpful free content, podcasts, courses and one-on-one tutoring. Thanks for stopping by and drop us a line if you have any questions. We also invite you to join our weekly mailing list, for advice right to your inbox.

Recent Posts

6 Ways to Challenge your Legal Mind in 2023

6 Ways to Challenge your Legal Mind in 2023

Law school can be draining. Whether you are a stressed out 1L or a worn out 3L, you may have forgotten that part of you that hungered for the … Read More about 6 Ways to Challenge your Legal Mind in 2023

Podcast Microphone

Podcast Episode 375: Quick Tips — Getting on the Law Review Board

Welcome back to the Law School Toolbox podcast! Today, in an episode from our "Quick Tips" series, we're talking about how to give yourself the best … Read More about Podcast Episode 375: Quick Tips — Getting on the Law Review Board

5 Ways a Law School Resume is Different from a College Resume

5 Ways a Law School Resume is Different from a College Resume

As the 1L summer job search gets into full swing, it’s time to make sure your resume is up to date and ready to send out to employers. If you’ve only … Read More about 5 Ways a Law School Resume is Different from a College Resume

Podcast Microphone

Podcast Episode 374: How to Be a Great Law Journal Member

Welcome back to the Law School Toolbox podcast! Today, we're talking about how to be a great law journal member, whether you're on Law Review or a … Read More about Podcast Episode 374: How to Be a Great Law Journal Member

Bluebook 101 - Tips on Efficiently Navigating The Bluebook

Bluebook 101 – Tips on Efficiently Navigating The Bluebook

There are podcasts and blog posts alike on the many nuances of The Bluebook. But first, what even is The Bluebook? Calling all 1Ls—this is your bare … Read More about Bluebook 101 – Tips on Efficiently Navigating The Bluebook

Want Better Law School Grades?

Sign Up for Our Exam Tips!

Footer

  • Podcast
  • Facebook
  • RSS
  • Twitter
  • YouTube
  • Blog
  • Podcast
  • Tutoring
  • Courses
  • Job Help
  • About
  • Contact
  • Login
  • Privacy Policy
  • Terms & Conditions
  • Refunds

Copyright 2023 Law School Toolbox®™