Elements of an LRE Case Study
FACTS
ISSUES
ARGUMENTS
DECISION
Using Case Studies: Developing Students' Thinking Skills
| Teaching Strategy |
What You Provide |
What Students Do |
| Anatomy of a Case |
Facts + Issue(s) + Arguments + Decision |
Identify each element of the case (F + I + A + D) |
| Choosing Unmarked Opinions |
Facts + Issue(s) + Arguments + Decision #1 + Decision #2, etc. |
Choose the decision the court should make and give reasons for your selection |
| Judicial Opinion writing |
Facts + Issue(s) + Arguments |
Write the court's opinion |
| Student Law Firms |
Facts + Issue(s) |
Work in groups to develop arguments for each side; present a moot court |
| Applying Precedents |
Decision |
Apply this decision (precedent) to resolve other fact situations |
CASE STUDIES
1. The elements of a case
- FACTS - What happened in this case? Who are the parties? What facts are important? Unimportant? Are any significant facts missing?
- ISSUE(S) -- What is (are) the legal question(s) on which the resolution of this case turns? An example of a question that is not the issue in a case is: Did the defendant assault the victim? That is a factual question, not a legal question. An example of a legal question is: Based on information from an unnamed informant, did the police have probable cause to arrest the defendant?
The issue should be framed narrowly so as not to exceed the court's judicial function. The question should deal specifically with the conflict between the parties before the court. A broader statement of a legal issue would provide an appellate court with the improper opportunity to exercise legislative power.
- ARGUMENTS -- Students are asked to either identify (from the case materials) or determine (frequently through group work) the legal and policy arguments available to both sides in the case. Students are sometimes asked to rank these arguments for persuasiveness before presenting them to their classmates.
- DECISION - Students are asked to either identify (from the case materials) or determine how the case either was or should be decided. It is essential to ask for the reasons for the decision. These reasons may have been given in the case materials, or students may have to determine reasons that support the decision. If a dissenting opinion is provided in the case materials, students should be asked to explain this decision (with reasons) as well.
2. Uses of the case study
- ANATOMY OF A CASE - given complete case materials, ask the students to identify the facts, issue(s), arguments, and decision (with reasons).
- STUDENT LAW FIRMS - given the facts and the issue(s), ask students to work together to identify the arguments for each side.
- WRITING OPINIONS - this can be used in conjunction with STUDENT LAW FIRMS. Given facts, issue(s), and the arguments for both sides, ask students to write a judicial opinion with reasons. Students can critique each others opinions and/or be asked to write a dissenting opinion the next day.
- APPLICATIONS - once students have mastered a case, they can be asked to apply the decision (called the precedent) to other factual situations raising the same legal and policy considerations.
3. Cases and Street Law's analytic framework
There are a number of ways to frame issues that arise in law-related education case studies. Street Law generally presents materials developed around four perspectives:
- LAW - what is the law in this case?
- POLICY - what should the law be (i.e., the prescriptive question)?
- VALUES IN CONFLICT -- in many of the most difficult cases, courts must balance positive (even constitutionally protected) values that are in conflict with each other.
- PRACTICAL INFORMATION -- what practical options are open to someone faced with this problem? For example, in a situation that involves the purchase of defective goods, in addition to knowing that a consumer is protected based on warranty law, important practical information for students would include developing the skill of negotiating with the seller directly, writing a letter of complaint to the seller and manufacturer, using local agencies and the small claims court etc.
@ Street Law, Inc. 1998
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