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Judicial Adjudication Is Power, Coercion, Even Violence, Not

This document provides tips for effectively analyzing legal cases. It recommends rereading cases to find connections between the facts, issues, rules, and rationale. It also suggests expressing your own opinion on the case and evaluating the quality of the judge's decision. The document warns against mistakes like adding incorrect information or assigning names to parties. It stresses the importance of constantly stopping to analyze rather than just summarize, and linking the text to its broader context and implications.

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David
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51 views1 page

Judicial Adjudication Is Power, Coercion, Even Violence, Not

This document provides tips for effectively analyzing legal cases. It recommends rereading cases to find connections between the facts, issues, rules, and rationale. It also suggests expressing your own opinion on the case and evaluating the quality of the judge's decision. The document warns against mistakes like adding incorrect information or assigning names to parties. It stresses the importance of constantly stopping to analyze rather than just summarize, and linking the text to its broader context and implications.

Uploaded by

David
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as ODT, PDF, TXT or read online on Scribd

● purpose enhances case analysis and, ultimately, success in

law school. 
●  

● Reread cases. Cohesion: merging of relevant facts, issue,


rule, and rationale, achieve intra-textual connections, finding
underlying threads. Hypotheticals: e.g. alternative outcomes
if the facts had been different. 
● Voice your own response or feelings: do you approve or
disapprove the opinion? 
● Evaluate the quality of judgements. Cases are not cut-and-
dried. It is the judge rather than the law who should be
responsible. 
● The novices' mistakes: contextually defining words, adding
incorrect information, and attempting to assign names to the
plaintiff and the defendant. 
●  

● Constantly stop and analyze, instead of summarize or


paraphrase. 
● Link text to larger context while reading. 
● Take an adventure and discover what is implicit in the text. 
● Find literary style, jurisprudential or interpretive posture,
legal and historical context, omissions of fact or lapses in
logic. 
● Reading facts-holing-reasoning to exact information and then
writing-paraphrasing them is wrong. 
● Judicial adjudication is power, coercion, even violence, not
merely interpretation. Readers

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