How to read a case and understan

1.What is the background?

—Citation

*Where?

Is it a federal or state case?If it’s a federal case,in what circuit was it decided?

Level of court?

*When?

eg: 639 S.W.2d 31

The case is found in the Southwest 2nd reporter series,the volume number would be 639,and it begins on page 31.

2.What are the facts?

-What are the facts of the case?

-Who are parties?

-Injury/remedy?

-Claims?

3.What is the legal question?

-What is the question the court is asking?

-The holding is the answer to this question?

4.What is the answer to that question?

-This is the court’s holding.

-The court affirms,reverse,and/or remands back to the lower court for further proceedings.

5.Reasoning

-Ask yourself “why”the court answers the question in this way.

-What “test”does the court use to answer the question.

6.Any other opinions?

-Not all judges may agree.

-Majority=binding precedent.

-Dissent=disagree with the outcome.

-Concur=agree with the outcome but wants to elaborate or agrees with the outcome for different reasons.

7.How fit with other cases?

-In what way does this case address issues that I have seen before?(fit both before and after this particular case)

-To what extent does this case extend or modify legal reasoning that was employed in earlier case?

-What issues does this case leave unresolved?

-If not part of holding,may be dicta.