Law students primarily learn by reading case books. Going to class helps
sharpen issues, but reading and briefing cases on your own is where most
of the work occurs.
Casebooks are compiled by area of concentration such as contract, tort,
property, criminal or civil procedure. The
author of the case book selects and edits each opinion to convey one very
specific point. Remember these three points about case books:
Such a simple tool, the table of contents is often overlooked by
first year law students, but it should serve as the foundation for
everything you do.
The table of contents tells you
exactly why the authors selected each case.
It also shows you the big picture, where each case fits into the course. The
table of contents is the framework for your outline, the starting point for
your reading, and the road map for your briefs.
It is no coincidence that the table of contents is such a useful device.
Law professors design them this way. They do this in the tradition
of Professor Christopher Columbus Langdell. Professor Langdell
invented the casebook and the case method of teaching law school while
he taught at Harvard at the end of the 19th C. He, like many of his contemporaries,
thought that everything in nature could be classified according to scientific
principles. Many scholars and scientist believed that human society
could also be classified according to the natural rules that inherently
governed it. They thought that one need only study societal relationships
deeply enough to tease forth these implicit but powerful rules. Langdell
hit upon the idea that the Law offered a perfect subject for this type
of organization, and he set about organizing the law of contracts into
its natural order. His effort produced the first casebook of contracts.
Each opinion in the casebook expressed on important rule; exception to
a rule ; or extension of a rule. And the casebook, like yours, was organized
in a logical and scientific fashion.
The idea that the law can be studied and organized in a scientific
way lost much credence by the end of the 20th century. But,
because casebooks are wonderfully organized and informative law school
professors have clung to them. As a way to teach the law, they are
unparalleled because they force the student to dig out the legal principle
of each case. Once you have the legal rule, you can look at the table of
contents again and see how the rule fits into the grand scheme of things.
So even though many scholars now reject the idea that law
can be organized in a scientific fashion, they still prefer to teach the
Law with casebooks.
As an example, look at this
excerpt from the table of contents of Real Estate Transactions,
by James C. Smith. Suppose
the assignment for class is to read pp. 62-75. Within this assignment,
you are going to read 2 cases: Stefani v. Baird, and Market
Force, Inc. v. Wauwatosa Realty. I can guarantee you that each case
will contain one clearly expressed hold
or rule that courts use to resolve
the legal issue
of "whom does the broker represent." How do I know this without
even reading the case? Because the table of contents tells me.