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How to Read a Case
Today’s Agenda
Hammontree v. Jenner
ENORMOUS DISCLAIMER!
Before you begin:
- Connect with your purpose.
- Discern your immediate goal.
Why take this preliminary step?
Connecting to a purpose makes the work easier and more fulfilling.
Discerning a goal allows you to focus your attention on what matters.
There is no escape.
Stress is a very bad, no good motivator.
Purpose
Reading Hammontree v. Jenner for your 1L Torts Class
Goals determine what we pay attention to
Goals when reading a case
- Grasp the internal logic and mechanics of the case.
- Synthesize within a broader context.
Why read cases?
Gaps,
Contradictions, and
Ambiguity
Internal logic and mechanics of a case
- Procedural posture
- Legal question(s)
- Relevant facts
- Holding
- Reasoning(s) behind the holding
Aside: How to take notes
Internal logic and mechanics of a case
- Procedural posture
- Legal question(s)
- Relevant facts
- Holding
- Reasoning(s) behind the holding
Three lines of reasoning
- Precedent binds us.
- Analogy to products liability falls apart.
- Analogous authority also binds us.
