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How to Read a Case
Hard copies of Reading Assignments 01 are available at the front of the room. Please pick up a copy.
In-Class Exercise
The Questions
Why should this defendant be held liable or not held liable?
What remedy does the defendant owe Ms. Hammontree?
What would you like to know that wasn’t in the fact pattern? Why?
The Driver
Why should this defendant be held liable or not held liable?
What remedy does the defendant owe Ms. Hammontree?
What would you like to know that wasn’t in the fact pattern? Why?
The Doctor
Why should this defendant be held liable or not held liable?
What remedy does the defendant owe Ms. Hammontree?
What would you like to know that wasn’t in the fact pattern? Why?
The Car Manufacturer
Why should this defendant be held liable or not held liable?
What remedy does the defendant owe Ms. Hammontree?
What would you like to know that wasn’t in the fact pattern? Why?
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 connects our daily work with our deepest values.
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
Holding
Three lines of reasoning
- Precedent binds us.
- Analogy to products liability falls apart.
- Analogous authority also binds us.
