Which cases should be read? (ii) How much effort should be put into reading
a case?
It is impossible to say accurately and in advance what type of cases to read
and how much effort to put into reading them because we do not know
precisely what is in a case until we read it. At best we can offer some general
advice upon which the reader can make a strategic decision. Of course, as
with much advice on reading cases, there is always the chance that something
comes up to cause a switch from one strategy to another.
Preliminary Tasks
There are two preliminary tasks. (i) Make sure at the outset that you know the
elements of the legal rule involve and the exact nature of the issue which gave
rise to the case. (ii) If possible, find an account of the case in a textbook. It is
still a major advantage even if the text just indicates the proposition of law for
which the stands. Indeed, this may be all that you need.
Summary
Ideally you would read the full text of a case. But since time may be limited
one strategic option,
which may be enough, is just to read a summary of the
case. A summary will often indicate the status and scope of a case and state
briefly the rule which the case propounds.
There are potentially many sources of summaries. Some examples are:
(1)
Case books give a condensed text of case.
(2)
A
textbook dealing with the case may summarise the decision. If the
case is important, it may go into some detail.
(3)
Sometimes reading a head note will give you a good summary.
(4)
Articles and case notes in journals may give a structured summary and
analysis of a case.
(5)
Landmark cases will often summarise and comment on prior cases.
When a lawyer has read a summary of a case, two possibilities then arise. For
many cases and many purposes reading a good summary will substitute for
reading a case. Alternatively, a summary may indicate that for one reason or
another it is worth reading a case. If this is the situation and it is still necessary
to read the case, having advanced knowledge of the case from the textbook
will assist in reading it, for example by showing its place in the overall scheme
or highlighting aspects of the case which are important. These enable a lawyer
to focus better when reading the actual judgment.
Selecting Cases
As an alternative to reading every case on a point, a lawyer may need to be
selective. General advice on this is as follows:
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