Reading Case Law

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Overview

1) What is Case Law?

2) What Does a Decision Contain?

3) What is Precedent and Court Hierarchy?

What is Case Law?

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Case Law

Decisions made by the courts It is law “judge-made law”

It serves 2 functions:1) Interpret primary law2) Apply Law to particular facts (legal

analysis)

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Case Law Under Penal Law § 10.00, in order to

satisfy the element of physical injury there must be an impairment of physical condition or substantial pain.

What does it mean to have a substantial pain?

You must find the answer in case law.

Structure of a Decision

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Not All Decisions are Written the Same Way

Decisions are written by judges. The judges are required to have certain

things in them (such as whether the application is granted or denied)

BUT they are not always required to have other things.

For example many decisions from intermediate courts, do not always contain: Facts Reasoning

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Decisions and IssuesDecisions can have one issue or they

can have many decisions.Your goal is to find the answer to your

legal question. Not necessarily understand the

entire case.

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Decisions and IssuesFOR EXAMPLE:

People v Berkowitz, has two issues:1) Collateral Estoppel; and2) Speedy trial

If your research is about speedy trial, do you need to understand the collateral estoppel issue?

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The Dirty, Dark Little SecretTherefore, it may not be necessary to

read the entire case to decide whether it is relevant.

Use headnotes to guide you.

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Parts of a DecisionCaptionSummaryHeadnotesDecision

Introduction Issue Facts Reasoning Holding

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Parts of a Decision: CaptionCaption

Name of case (names of parties and titles [e.g., plaintiff])

Cite (including court and year)

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Parts of a Decision: Caption93 A.D.3d 467, 939 N.Y.S.2d 460, 2012 N.Y.

Slip Op. 01754Supreme Court, Appellate Division, First

Department, New York.The PEOPLE of the State of New York,

Appellant,v.

Terrence McFARLANE, Defendant–Respondent.

March 13, 2012.

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Parts of a Decision: Summary1) Background

Appellate Court: what is being appealed from the court below

Trial Court: what the case is all about

2) Holding What this court is holding in this

decision

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Parts of a Decision: SummaryBackground: People appealed from an order of the Supreme Court, Bronx County, Nicholas Iocovetta, J., which granted defendant's suppression motion.

Holding: The Supreme Court, Appellate Division, held that consent to allow search of vehicle did not include consent to search locked glove compartment.Affirmed.

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Parts of a Decision: Headnotes

This gives the reader a summary of a rule used in the case.

It allowed the reader to find it through numbers

It is to be used with New York Digests to find more cases

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Parts of a Decision: HeadnotesWest Headnotes

KeyCite Citing References for this Headnote349 Searches and Seizures   349V Waiver and Consent     349k186 k. Scope and duration of consent; withdrawal. Most Cited CasesDefendant's consent to allow search of his vehicle did not permit officer to, without asking, take the keys from the ignition and unlock the glove compartment; officer's request to “take a look” into the car or “check” it for contraband did not reasonably imply a request for permission to open the locked glove compartment. U.S.C.A. Const.Amend. 4.

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Parts of a DecisionDecision

a) Introductionb) Issuec) Factsd) Reasoninge) Holding

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Opinion Type

Opinion of the Court (Majority) Concurrence Dissent Plurality

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Opinion Type

Opinion of the Court (Majority) This is the law. This is the court’s opinion The holding and rationale for the

court

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Opinion Type

Concurring Opinion Agrees with ultimate outcome, but

for different reasons Written by one or more judges Judge in the majority will be in

concurrence

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Opinion Type

Dissenting Opinion Disagrees with ultimate outcome Written by one or more judges Dissenting judge is not part of

majority

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Opinion Type

Plurality No majority Fractured opinion with multiple

judges going different ways for different reasons

Avoid them.

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Parts of a DecisionDecision

a) Introductionb) Issuec) Factsd) Reasoninge) Holding

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Parts of a Decision: Introduction

What the case is about Sometimes a sentence Sometimes a paragraph Sometimes a few pages

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Parts of a Decision: Issue

What the court is about to determine What do the police need in order to

enter a house? What is the definition of a clergy

member?

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Parts of a Decision: FactsSometimes they are detailed; sometimes

they are almost non-existent.There are two types of facts

Facts that tell the story The police received a radio call to

go to 123 East 45th Street. Facts that are relevant to the issue

The office saw a bulge in the right side of the defendant’s body and decided to frisk him.

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Parts of a Decision: ReasoningWhat is the reason why the court is going

to rule the way it is going to rule. You will find here the use of precedent,

facts and anything else the judge (author) wants to throw in.

Application of law to facts with decision on issue and explanation of reasons for decision

The court will use relevant legal principles, analysis, and phrases

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Parts of a Decision: Holding

What the decision is: who wins Therefore, the lower court is affirmed Accordingly….

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Any Questions?