Three things to do with a case

previously read

read this?

So you found a case.  First of all, one hopes that you found this case using a secondary source.  Why?  Why the librarian obsession with secondary sources?  Because secondary sources explain the law.  Judges write cases in large part to dispose of a piece of litigation and to communicate something about the law to attorneys and other judges.  If any of them are thinking about whether their opinion does a good job of explaining the law to law students, it has to be way down the list of priorities.  A secondary source will explain an area of law and cite the relevant cases.

Now that you’ve found a relevant case, what will you do with it?  Cut and paste a quote and move on?  No way!  Here are the three things you need to do with a relevant case before you move on.

1.  Look at the cases your case cites.

2. Look at the cases that cite your case (KeyCite or Shepardize the case).

3.  Look at the cases that share a relevant headnote.

Once you’ve done all that, the process can certainly start over again.  However, at some point, you’ll notice that all of the cases keep coming back to one or two cases.  You’ll get a sense of how your case is different and everything will start coming together.  Does that mean you’re done?  Probably.  Knowing when you’re done is a lot of things.  In some ways, it’s a matter of comfort with your own skills.  If reading three more cases makes you feel more confident and you have time, you should do it.

What’s the absolute final thing to do with a case?  Remember that you found it in the first place.  Keeping track of your research, whether by using folders, notes, or just relying on your search history, means saving time and never having to say, “Did I read this already?”

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