Interactive Legal Research & Writing Lessons: Objective Writing - Analyzing a Single Case (Brem)
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Description
In this three-lesson module, you will gain a thorough understanding of the litigation process and key legal vocabulary. You will learn to read and brief case law. And in the context of bystander recovery, you will learn how to read a single case, to identify another case on the same legal issue in a relevant jurisdiction, and to apply that case to a new set of facts.
Lesson One explains the difference between civil and criminal law and gives you an understanding of basic terms related to the litigation process like plaintiff and defendant, appellant and appellee, petitioner and respondent, and many more.
This understanding provides you with the foundation you need in Lesson Two to identify the parts of a case. You will differentiate the holding of a case and the rule of law the case applies; you will learn to differentiate between holding and dicta; you will identify the rationale a court applies to arrive at its holding; and you will learn to discern policy a court might apply to support its holding.
Finally, Lesson Three puts it all together with a deep dive into three key legal concepts: precedent, jurisdiction, and stare decisis. Using the cases you briefed in Lesson Two, you will identify the proper precedent to apply in a specific jurisdiction and you will apply that precedent to a new set of client facts using IRAC and CReAC.
Taken together, this module will provide a 30,000-foot overview of how lawyers 鈥� and law students 鈥� study case law to understand not just what the law is today, but what it was in the past, and how it will develop in the future. In so doing, you will master the foundational concepts necessary to successfully study law in our favored Socratic method of instruction.
Lesson One explains the difference between civil and criminal law and gives you an understanding of basic terms related to the litigation process like plaintiff and defendant, appellant and appellee, petitioner and respondent, and many more.
This understanding provides you with the foundation you need in Lesson Two to identify the parts of a case. You will differentiate the holding of a case and the rule of law the case applies; you will learn to differentiate between holding and dicta; you will identify the rationale a court applies to arrive at its holding; and you will learn to discern policy a court might apply to support its holding.
Finally, Lesson Three puts it all together with a deep dive into three key legal concepts: precedent, jurisdiction, and stare decisis. Using the cases you briefed in Lesson Two, you will identify the proper precedent to apply in a specific jurisdiction and you will apply that precedent to a new set of client facts using IRAC and CReAC.
Taken together, this module will provide a 30,000-foot overview of how lawyers 鈥� and law students 鈥� study case law to understand not just what the law is today, but what it was in the past, and how it will develop in the future. In so doing, you will master the foundational concepts necessary to successfully study law in our favored Socratic method of instruction.