Reading Case
Law
Overview
1) What is Case Law?
2) What Does a Decision Contain?
3) What is Precedent and Court Hierarchy?
2
What is Case Law?
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)
4
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.
5
Structure of a Decision
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
7
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.
8
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?
9
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.
10
Parts of a Decision
 Caption
 Summary
 Headnotes
 Decision





Introduction
Issue
Facts
Reasoning
Holding
11
Parts of a Decision: Caption
 Caption
 Name of case (names of parties and titles
[e.g., plaintiff])
 Cite (including court and year)
12
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.
13
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
14
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.
15
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
16
Parts of a Decision: Headnotes
West Headnotes
KeyCite Citing References for this Headnote
349 Searches and Seizures
349V Waiver and Consent
349k186 k. Scope and duration of consent;
withdrawal. Most Cited Cases
Defendant'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
17
Parts of a Decision
Decision
a) Introduction
b) Issue
c) Facts
d) Reasoning
e) Holding
18
Opinion Type
 Opinion of the Court (Majority)
 Concurrence
 Dissent
 Plurality
19
Opinion Type
 Opinion of the Court (Majority)
 This is the law.
 This is the court’s opinion
 The holding and rationale for the court
20
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
21
Opinion Type
 Dissenting Opinion
 Disagrees with ultimate outcome
 Written by one or more judges
 Dissenting judge is not part of majority
22
Opinion Type
 Plurality
 No majority
 Fractured opinion with multiple judges
going different ways for different reasons
 Avoid them.
23
Parts of a Decision
 Decision
a) Introduction
b) Issue
c) Facts
d) Reasoning
e) Holding
24
Parts of a Decision: Introduction
 What the case is about
 Sometimes a sentence
 Sometimes a paragraph
 Sometimes a few pages
25
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?
26
Parts of a Decision: Facts
 Sometimes 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
27
him.
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
28
Parts of a Decision: Holding
 What the decision is: who wins
 Therefore, the lower court is affirmed
 Accordingly….
29
Any Questions?
30