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 law

2) 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 Issues

Decisions 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 Issues

FOR EXAMPLE:

People v Berkowitz, has two issues:

1) Collateral Estoppel; and

2) 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 Secret

Therefore, 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 Decision

CaptionSummaryHeadnotesDecision

Introduction Issue Facts Reasoning Holding

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Parts of a Decision: Caption

Caption

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

Cite (including court and year)

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Parts of a Decision: Caption

93 A.D.3d 467, 939 N.Y.S.2d 460, 2012 N.Y. Slip Op. 01754

Supreme 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: Summary

1) 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: Summary

Background: 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: Headnotes

West 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 Decision

Decision

a) Introduction

b) Issue

c) Facts

d) Reasoning

e) 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 Decision

Decision

a) Introduction

b) Issue

c) Facts

d) Reasoning

e) 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: Reasoning

What 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?