How to Read a Case

Today’s Agenda

Hammontree v. Jenner

ENORMOUS DISCLAIMER!

Before you begin:

  1. Connect with your purpose.
  2. 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

  1. Grasp the internal logic and mechanics of the case.
  2. Synthesize within a broader context.

Why read cases?

Gaps,

Contradictions, and

Ambiguity

Internal logic and mechanics of a case

  1. Procedural posture
  2. Legal question(s)
  3. Relevant facts
  4. Holding
  5. Reasoning(s) behind the holding

Aside: How to take notes

Internal logic and mechanics of a case

  1. Procedural posture
  2. Legal question(s)
  3. Relevant facts
  4. Holding
  5. Reasoning(s) behind the holding

Three lines of reasoning

  1. Precedent binds us.
  2. Analogy to products liability falls apart.
  3. Analogous authority also binds us.