Casebook method
Encyclopedia
The casebook method, also known as the case method, is the primary method of teaching law
in law schools in the United States
. It was pioneered at Harvard Law School
by Christopher Columbus Langdell
. It is based on the principle that rather than studying highly abstract summaries of legal rules (the technique still used in most countries), the best way to learn American law
is to read the actual judicial opinion
s which become the law under the rule of stare decisis
(due to its Anglo-American common law
origin).
Towards this end, American law professor
s traditionally collect the most illustrative cases concerning a particular area of the law in special textbooks called casebook
s. Some professors heavily edit cases down to the most important paragraphs, while deleting nearly all citations and paraphrasing everything else; a few present all cases in full, and most others are in between. One common technique is to provide almost all of the entire text of a landmark case which created an important legal rule, followed by brief notes summarizing the holdings of other cases which further refined the rule.
Traditionally, the casebook method is coupled with the Socratic method
in American law schools. For a given class, a professor will assign several cases from the casebook to read, and may also require students to be familiar with any notes following those cases. In class, the professor will ask students questions about the assigned cases to determine whether they identified and understood the correct rule from the case, if there is one — in certain heavily contested areas of the law, there will not be any one correct rule.
This teaching method differs in two ways from the teaching methods used in most other academic programs: (1) it requires students to work almost exclusively with primary source material which is often written in obscure or obsolete language; and (2) a typical American law school class is supposed to be a dialogue about the meaning of a case, not a straightforward lecture.
In some law schools, the casebook method is used in conjunction with lectures or other more structured forms of instruction. This is especially true in classes which are more heavily geared toward statutory law
, such as tax law
(which in the USA is governed by the Internal Revenue Code
) and certain areas of commercial law
(particularly courses dealing with the Uniform Commercial Code
).
This method is also used in other common law
countries, including Canada
, Australia
and New Zealand
.
The case book method overlaps with the case study
method, but the two are not identical.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
in law schools in the United States
Law school in the United States
In the United States, a law school is an institution where students obtain a professional education in law after first obtaining an undergraduate degree.Law schools in the U.S...
. It was pioneered at Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
by Christopher Columbus Langdell
Christopher Columbus Langdell
Christopher Columbus Langdell , American jurist, was born in the town of New Boston, New Hampshire, of English and Scots-Irish ancestry....
. It is based on the principle that rather than studying highly abstract summaries of legal rules (the technique still used in most countries), the best way to learn American law
Law of the United States
The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...
is to read the actual judicial opinion
Opinion
In general, an opinion is a subjective belief, and is the result of emotion or interpretation of facts. An opinion may be supported by an argument, although people may draw opposing opinions from the same set of facts. Opinions rarely change without new arguments being presented...
s which become the law under the rule of stare decisis
Stare decisis
Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions...
(due to its Anglo-American common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
origin).
Towards this end, American law professor
Professor
A professor is a scholarly teacher; the precise meaning of the term varies by country. Literally, professor derives from Latin as a "person who professes" being usually an expert in arts or sciences; a teacher of high rank...
s traditionally collect the most illustrative cases concerning a particular area of the law in special textbooks called casebook
Casebook
A casebook is a type of textbook used primarily by students in law schools. Rather than simply laying out the legal doctrine in a particular area of study, a casebook contains excerpts from legal cases in which the law of that area was applied. It is then up to the student to analyze the language...
s. Some professors heavily edit cases down to the most important paragraphs, while deleting nearly all citations and paraphrasing everything else; a few present all cases in full, and most others are in between. One common technique is to provide almost all of the entire text of a landmark case which created an important legal rule, followed by brief notes summarizing the holdings of other cases which further refined the rule.
Traditionally, the casebook method is coupled with the Socratic method
Socratic method
The Socratic method , named after the classical Greek philosopher Socrates, is a form of inquiry and debate between individuals with opposing viewpoints based on asking and answering questions to stimulate critical thinking and to illuminate ideas...
in American law schools. For a given class, a professor will assign several cases from the casebook to read, and may also require students to be familiar with any notes following those cases. In class, the professor will ask students questions about the assigned cases to determine whether they identified and understood the correct rule from the case, if there is one — in certain heavily contested areas of the law, there will not be any one correct rule.
This teaching method differs in two ways from the teaching methods used in most other academic programs: (1) it requires students to work almost exclusively with primary source material which is often written in obscure or obsolete language; and (2) a typical American law school class is supposed to be a dialogue about the meaning of a case, not a straightforward lecture.
In some law schools, the casebook method is used in conjunction with lectures or other more structured forms of instruction. This is especially true in classes which are more heavily geared toward statutory law
Statutory law
Statutory law or statute law is written law set down by a legislature or by a legislator .Statutes may originate with national, state legislatures or local municipalities...
, such as tax law
Tax law
Tax law is the codified system of laws that describes government levies on economic transactions, commonly called taxes.-Major issues:Primary taxation issues facing the governments world over include;* taxes on income and wealth...
(which in the USA is governed by the Internal Revenue Code
Internal Revenue Code
The Internal Revenue Code is the domestic portion of Federal statutory tax law in the United States, published in various volumes of the United States Statutes at Large, and separately as Title 26 of the United States Code...
) and certain areas of commercial law
Commercial law
Commercial law is the body of law that governs business and commercial transactions...
(particularly courses dealing with the Uniform Commercial Code
Uniform Commercial Code
The Uniform Commercial Code , first published in 1952, is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in all 50 states within the United States of America.The goal of harmonizing state law is...
).
This method is also used in other common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
countries, including Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
and New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
.
The case book method overlaps with the case study
Case study
A case study is an intensive analysis of an individual unit stressing developmental factors in relation to context. The case study is common in social sciences and life sciences. Case studies may be descriptive or explanatory. The latter type is used to explore causation in order to find...
method, but the two are not identical.