How to read a case for law school. Tips from a law school dean
Summary
TLDRIn this video, Dean Vera shares practical tips for law students to tackle case reading and recitations. Key advice includes approaching cases as stories with three parts—setup, conflict, and resolution—and reading cases twice for better understanding and retention. He emphasizes the importance of recognizing the subject matter of each case, understanding its origin, and focusing on its jurisprudential value. By reading cases with intention and highlighting key points, students can navigate law school cases more efficiently and be better prepared for exams and recitations.
Takeaways
- 😀 Read case materials like a TV episode or drama to make the process easier and more engaging.
- 😀 Cases consist of three parts: the setup (facts), the conflict (the dispute), and the resolution (the court's decision).
- 😀 A case begins with a dispute, which may involve two individuals in civil cases or the state prosecuting a criminal in criminal cases.
- 😀 Supreme Court cases are typically the final stage of an appeal, meaning the case has gone through trial and appeal stages before reaching this point.
- 😀 Court cases can be viewed as dramatic conflicts, where two sides of a coin never meet but create the drama central to the case.
- 😀 Civil cases usually involve issues related to contracts or agreements, while criminal cases focus on law violations and the consequences.
- 😀 When reading a case, it’s essential to understand its subject matter (civil or criminal law) and focus on the aspects related to the topic.
- 😀 Read the case twice: the first reading for overall understanding and the second reading to highlight the important sections.
- 😀 Highlighting key parts of the case helps you remember the essential points for class and exams, making case review more efficient.
- 😀 Understand the jurisprudential value of the case—why it's being studied and what lesson it imparts for your subject.
- 😀 Remember key phrases or catchphrases from cases to help you recall their main lessons, like 'the right to remain silent' from Miranda v. Arizona.
Q & A
What is the first tip for reading cases in law school?
-The first tip is to read the case like it's a TV episode or a drama. This approach can help make case reading easier by identifying the three main parts of a case: the setup, the conflict, and the resolution.
What are the three main parts of a case?
-The three main parts of a case are the setup (facts of the case), the conflict (the issue being disputed), and the resolution (the court's decision and reasoning).
Why is it important to know that a case began with a dispute?
-Knowing that a case began with a dispute helps in understanding the context of the case. It shows that every case, whether civil or criminal, is rooted in a conflict between two parties or the state prosecuting a crime.
What types of cases are typically read in law school?
-Law school typically focuses on two types of cases: civil and criminal cases. About 90% of the cases studied are civil, as they usually involve disputes between individuals or entities, while criminal cases involve the prosecution of a criminal by the state.
How should cases be assigned or categorized in law school?
-Cases are assigned based on subject matter. For example, criminal cases are assigned under criminal law, where students learn about criminal guilt, defense strategies, and legal consequences. It's crucial to understand the subject to better analyze the case.
Why is it recommended to read a case twice?
-Reading a case twice helps. The first reading allows you to understand the case in its entirety, giving you a macro perspective, while the second reading is for highlighting key passages that are relevant for class discussions or exams.
How long does it take to read a case in law school?
-In the beginning, it might take around 30 minutes to read a case. However, as you progress through law school, this time decreases to about 10 minutes per case as you become more efficient in understanding and analyzing the material.
What should be highlighted when reading a case?
-When reading a case for the second time, you should highlight key parts of the case that are most relevant to the subject matter or legal lesson being studied. These highlights will help you remember important points when preparing for recitation or exams.
What is the significance of jurisprudential value in law school?
-Jurisprudential value refers to the legal lesson or principle that a case imparts. Professors assign cases with the belief that they have significant value in teaching important legal concepts. It's essential to identify these lessons and remember key takeaways from each case.
Can you give an example of a case with a memorable jurisprudential lesson?
-One example is the Miranda v. Arizona case. The lesson is not about the specific rights of the accused, but rather about the exclusionary rule. In the Philippines, the Molina case lays down steps for annulment, which is another example of a case with jurisprudential value.
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