How to read a legal case?

Asked by: Dr. Chandler Terry  |  Last update: August 8, 2023
Score: 4.4/5 (71 votes)

Step 1: Pre-reading
  1. Step 1: Read the case name.
  2. Step 2: Read the first paragraph or two to understand who the parties are and the issue that brought them to court.
  3. Step 3: Read the first sentence of each paragraph.
  4. Step 4: Read the last paragraph or two so that you understand the holding and disposition of the case.

How do you read a legal case citation?

Reading a Case Citation
  1. the names of the parties involved in the lawsuit.
  2. the volume number of the reporter containing the full text of the case.
  3. the abbreviated name of that case reporter.
  4. the page number on which the case begins the year the case was decided; and sometimes.
  5. the name of the court deciding the case.

Where can I read legal cases?

How To Find Free Case Law Online
  • Introduction.
  • Google Scholar.
  • CourtListener.
  • Caselaw Access Project.
  • FindLaw.
  • Justia.

How do you analyze a case law?

Answer
  1. Outline of Steps based on IRAC model.
  2. Facts - Write a brief synopsis of the case facts.
  3. Procedural History - Outline the history of the case. ...
  4. Issue - Identify the issue(s) of the case.
  5. Rule - List the relevant rule(s) of law that the court identifies.

Whose name comes first in a court case?

(In the trial court, the first name listed is the plaintiff, the party bringing the suit. The name following the "v" is the defendant. If the case is appealed, as in this example, the name of the petitioner (appellant) is usually listed first, and the name of the respondent (appellee) is listed second.

How to Read a Case: And Understand What it Means

35 related questions found

Do you call a judge by their first name?

In person: In an interview, social event, or in court, address a judge as “Your Honor” or “Judge [last name].” If you are more familiar with the judge, you may call her just “Judge.” In any context, avoid “Sir” or “Ma'am.” Special Titles.

What are the stages of a civil case?

Most civil lawsuits can be divided broadly into these stages:
  • Pre-filing stage. During this stage, the dispute arises and the parties gather information, try to negotiate a resolution, and prepare for the possibility of a court case. ...
  • Pleading stage. ...
  • Discovery stage. ...
  • Pre-trial stage. ...
  • Trial Stage. ...
  • Post-trial stage.

What is a case law for dummies?

Case law is law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations. Case law concerns unique disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly.

What is the basic legal analysis?

Legal analysis is the application of law the rules, standards, and enforceable expectations of society to fact. There is a specific structure to legal analysis the application of the law to facts. This structure is often referred to as the IRAC method.

What should a case analysis look like?

Case studies usually follow a typical story structure, which means they have a beginning, middle, and end. Think of them as a “before and after” snapshot of a customer's business – complete with quotes, statistics, and images.

How do you memorize legal cases?

Case information should only ever contain three bullet points: one short sentence for case facts, one short sentence for the judgement of the case, and a final sentence about the applicable law. You won't be able to remember more than that, so don't bother trying!

How do you identify material facts of a case?

Before you can identify a material fact, you must understand the concept. Think of material facts as the details one side uses to prove their case. Focus on the subject of the case. Although there are often many details in an opinion, you need to focus on the most relevant issue at hand.

How do I search for legal cases on Google?

Google Scholar includes both federal and state legal opinions. From the main Google Scholar search page, select the radio button for "Case law." Type your case citation or case name in the search box and click the Search button. Keyword searches of the full text of case opinions may also be conducted from this screen.

How do you interpret a citation?

Identifying Parts of a Citation

A citation is a reference to a source of information. A citation typically includes enough identifying information, such as the author, title, publisher information, date of publication, database retrieved from, etc. for a reader to be able to locate a copy of the item.

What citation method do lawyers use?

The most frequently used style manual for citing to Legal Documents is the The Bluebook : a uniform system of citation. APA, MLA and Chicago Manual of Style all refer to the Bluebook for citing to certain documents such as cases.

How do you read someone's citation?

Clues to reading a citation
  1. Italics are used to set off the title. Sometimes the title is underlined instead.
  2. There is a place of publication and a publisher.
  3. There is no volume or issue number.
  4. There are no page numbers.

What are the four steps of legal analysis?

The program focuses on the four basic components of legal analysis, namely: issue, rule of law, application of the law to the facts, and conclusion (IRAC).

What are the four basic steps in analyzing a legal situation?

It is an exploration of how and why a specific law does or does not apply. What are the four steps of the legal analysis process? The four steps of the legal annalysis process are the issue, the rule, the application and the conclusion.

What is the most common approach to legal analysis?

IRAC is the most popular form of organization because it is usually the one that makes it easiest for the reader to follow your analysis. Following the IRAC structure will provide a framework around which to organize your writing, thus making your discussion easier to write (and read).

What makes a legal case?

A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case is typically based on either civil or criminal law. In most legal cases, there are one or more accusers and one or more defendants.

What is case law vs law?

Case law is the body of law developed from judicial opinions or decisions over time (whereas statutory law comes from legislative bodies and administrative law comes from executive bodies). This guide introduces beginner legal researchers to resources for finding judicial decisions in case law resources.

Why do we read case law?

To begin with, you need to read cases to know what the law is because many of the most important legal rules and principles are not recorded in legislation, and are only given form, however imperfect, in judicial decisions. Moreover, even legislation seldom stands by itself.

What is the first thing that happens in a civil case?

A federal civil case involves a legal dispute between two or more parties. A civil action begins when a party to a dispute files a complaint, and pays a filing fee required by statute. A plaintiff who is unable to pay the fee may file a request to proceed in forma pauperis.

What are the 7 steps of a trial?

Criminal Trial Phases
  • Choosing a Jury.
  • Opening Statements.
  • Witness Testimony and Cross-Examination.
  • Closing Arguments.
  • Jury Instruction.
  • Jury Deliberation and Announcement of Verdict.

What are the 5 steps to initiate a lawsuit?

Timeline of How to File a Lawsuit
  • Step 1: File a Complaint. Plaintiff files a complaint and summons with the local county court. ...
  • Step 2: Answer Complaint. ...
  • Step 3: Discovery. ...
  • Step 4: Failing to Respond to Discovery. ...
  • Step 5: Conclusion of Lawsuit.