Casebook
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A casebook is a type of
textbook A textbook is a book containing a comprehensive compilation of content in a branch of study with the intention of explaining it. Textbooks are produced to meet the needs of educators, usually at educational institutions. Schoolbooks are textboo ...
used primarily by students in
law school A law school (also known as a law centre or college of law) is an institution specializing in legal education, usually involved as part of a process for becoming a lawyer within a given jurisdiction. Law degrees Argentina In Argentina, ...
s.Wayne L. Anderson and Marilyn J. Headrick,
The Legal Profession: Is it for you?
' (Cincinnati: Thomson Executive Press, 1996), 83.
Rather than simply laying out the
legal doctrine A legal doctrine is a framework, set of rules, Procedural law, procedural steps, or Test (law), test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about w ...
in a particular area of study, a casebook contains excerpts from
legal case A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case is typically based on either civil or criminal law. In most legal cases there are one or mor ...
s in which the law of that area was applied. It is then up to the student to analyze the language of the case in order to determine what rule was applied and how the
court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
applied it. Casebooks sometimes also contain excerpts from
law review A law review or law journal is a scholarly journal or publication that focuses on legal issues. A law review is a type of legal periodical. Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also pro ...
articles and
legal treatise A legal treatise is a scholarly legal publication containing all the law relating to a particular area, such as criminal law or trusts and estates. There is no fixed usage on what books qualify as a "legal treatise", with the term being used broadl ...
s, historical notes, editorial commentary, and other related materials to provide background for the cases. The teaching style based on casebooks is known as the
casebook method The casebook method, similar to but not exactly the same as the case method, is the primary method of teaching law in law schools in the United States. It was pioneered at Harvard Law School by Christopher Columbus Langdell. It is based on the pr ...
and is supposed to instill in law students how to "think like a
lawyer A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solic ...
." The casebook method is most often used in law schools in countries with
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
legal systems The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and ...
, where
case law Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a l ...
is a major
source of law Sources of law are the origins of laws, the binding rules that enable any state to govern its territory. The term "source of law" may sometimes refer to the sovereign or to the seat of power from which the law derives its validity. Jurispruden ...
. Most casebooks are authored by law
professors Professor (commonly abbreviated as Prof.) is an academic rank at universities and other post-secondary education and research institutions in most countries. Literally, ''professor'' derives from Latin as a "person who professes". Professors ...
, usually with two, three, or four authors, at least one of whom will be a professor at the top of his or her field in the area under discussion. New editions of casebooks often retain the names of famous professors on their covers decades after those professors have died. Updating of the books, then, falls on the shoulders of a younger generation of their colleagues. Such casebooks are often known by the names of the leading professor authors, such as
Prosser Prosser may refer to: __NOTOC__ Places ;United States * Prosser, California, a former settlement * Prosser Creek, California * Prosser, Nebraska, a village * Prosser, Washington, a city ;Australia * Electoral division of Prosser, Tasmania * Prosser ...
, Wade, & Schwartz's, ''
Torts A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
: Cases & Materials'' (now in a 13th edition). The leading publishers of casebooks in the United States are
Thomson West Thomson may refer to: Names * Thomson (surname), a list of people with this name and a description of its origin * Thomson baronets, four baronetcies created for persons with the surname Thomson Businesses and organizations * SGS-Thomson Mic ...
(publisher of the Foundation Press and American Casebook Series imprints),
Aspen Publishing Wolters Kluwer N.V. () is a Dutch information services company. The company is headquartered in Alphen aan den Rijn, Netherlands (Global) and Philadelphia, United States (corporate). Wolters Kluwer in its current form was founded in 1987 with a m ...
, and
LexisNexis LexisNexis is a part of the RELX corporation that sells data analytics products and various databases that are accessed through online portals, including portals for computer-assisted legal research (CALR), newspaper search, and consumer informa ...
. Each of these publishers uses a quickly identifiable color and pattern for their book covers across all subjects. Traditionally, the covers of casebooks came in the colors red, blue, or brown, although West's American Casebook Series has since switched to faded black cloth as an environmentally-friendly move. Casebooks are intended only for use as teaching devices, but not as reference works.{{cite book, last=Olson, first=Kent C., title=Legal Information: How to Find It, How to Use It, year=1999, publisher=Greenwood Publishing Group, location=Phoenix, isbn=0897749634, pag
58
url=https://archive.org/details/legalinformation00kent/page/58
They are notorious for being "somewhat opaque", in that they are merely intended to deliver information in "small drips" during an entire law school semester under the supervision of a law professor. They do not always include legal doctrines in their most current form, as the point of a casebook (especially in first-year survey courses) is to merely introduce students to such doctrines. For more straightforward and current summaries of a particular area of law, students and attorneys turn to
hornbooks A hornbook (horn-book) is a single-sided alphabet tablet, which served from medieval times as a primer for study, and sometimes included vowel combinations, numerals or short verse. The hornbook was in common use in England around 1450, but may ...
. The prevalence of the casebook method in American law schools has given rise to a market for commercial study aids "keyed" to a particular casebook edition. These study aids are generally summaries ("
briefs Briefs (or a brief) are a type of short, form-fitting Undergarment, underwear and swimsuit, swimwear, as opposed to styles where material extends down the thighs. Briefs have various different styles, usually with a waistband attached to fabric ...
") of the cases from the casebook to which it is "keyed," presenting them in the same order as the casebook. Often written by the same author who wrote the associated casebook, and published by the same company, "keyed" study aids are useful in distilling cases down to
black-letter law In common law legal systems, black-letter law refers to well-established legal rules that are no longer subject to reasonable dispute. Black-letter law can be contrasted with legal theory or unsettled legal issues. History and etymology In an 1 ...
. Popular study aid product lines include Legalines, High Court Case Summaries, and Gilbert Law Summaries published by West Thomson Reuters, Casenotes Legal Briefs by Aspen, and the Understanding series and Q&A series by LexisNexis.


See also

*
Sourcebook A sourcebook is a collection of writings on a subject that is intended to be a basic introduction to the topic presented. Academic use In American universities, a sourcebook, either a standard one or a custom collection, may function as a supplem ...
– similar structure used in the social sciences and humanities


References

*Glanville Williams. "Case Books". Learning the Law. Eleventh Edition. Stevens and Sons. London. 1982. Pages 52 and 53. *Sir Frederick Pollock. Oxford Lectures and other discourses. Macmillan and Co. London. 1890. Page
105
and 106. Legal research Legal literature Legal education