I grew up with a now-ancient children's TV show called "Lost in Space," in which a family of rocketeers meandered across the universe trying to find their way back home to Earth. What's interesting to me is that they never seemed to look at the big picture, i.e., to consider a map of the stars in the universe, to try to navigate their way home.
Well, at this time of the semester, I often feel lost in space too (or rather…"lost in cases" without any sense of where I am headed or even where I have been!). But, there's a cure and it is really quite a snap. In brief, the key to no longer being "lost in cases" is to create a chart – a visually portrait – of the cases for each class. And, it's not too late at all because you can start with your case reading for your very next class. And, there's more great news. It's a breeze to create!
So, here are the nuts and bolts for a "Case Chart" to help you (and me) make sense of the big picture of the cases:
First, I make a chart with columns for each of the cases that I am reading in preparation for a particular class (say Torts). If I have just two cases, it will have columns as illustrated below. But, if I have three or four cases, I'll just add more columns for each of the additional cases.
Second, I peek at the casebook table of contents or my class syllabus to identify the major concept that the cases illustrate. In the lefthand column, I annotate that concept to help me see the big picture as to why I've been assigned to read these particular cases for this particular class.
Third, after reading each case, I just jot down a few "sound bites" or phrases for each of the identified items (material factoids, issue, rule, analysis, conclusion, and my insights). I try to keep the facts super-short (to just a few "red hot" key facts that will help me remember the cases). And, I use the word "because" in the analysis section to help me explain the court's application of the rules to the facts. But, the most important items are the comments that you and I make in the bottom row of the case chart. That helps me see how the cases fit together to explain or create a legal principle.
Major Casebook Concept | Case No. 1 (Court and Date) | Case No. 2 (Court and Date) |
Material Factoids | ||
Issue | ||
Rule | ||
Analysis | ||
Conclusion | ||
My Insights |
In sum, using a "Case Chart," I've created a nice tidy "map" that helps me navigate the celestial space of my own universe of case preparation and reading for cases. Each case is like a "star" that I personally experienced. Now, it's got a home in my chart. And, because I can see that case's relationship with the other cases that I am reading for that particular class concept, I can start to see how the cases fit together to form a constellation that takes on the shape of a particular legal principle. In short, I'm no longer just a meandering rocketeer. I'm now on a mindful journey of learning…within the stellar universe of the law. (Scott Johns)