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One common technique is to provide almost all of the entire text of a landmark case which created an important legal rule, followed by brief notes summarizing the holdings of other cases which further refined the rule. Traditionally, the casebook method is coupled with the Socratic method in American law schools. [1]
The case method evolved from the casebook method, a mode of teaching based on Socratic principles pioneered at Harvard Law School by Christopher C. Langdell.Like the casebook method the case method calls upon students to take on the role of an actual person faced with a difficult problem.
A case theory (aka theory of case, theory of a case, or theory of the case) is “a detailed, coherent, accurate story of what occurred" involving both a legal theory (i.e., claims/causes of action or affirmative defenses) and a factual theory (i.e., an explanation of how a particular course of events could have happened).
Prima facie (/ ˌ p r aɪ m ə ˈ f eɪ ʃ i,-ʃ ə,-ʃ i iː /; from Latin prīmā faciē) is a Latin expression meaning "at first sight", [1] or "based on first impression". [2] The literal translation would be "at first face" or "at first appearance", from the feminine forms of primus ("first") and facies ("face"), both in the ablative case.
These study aids are generally summaries ("briefs") 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. Popular ...
Case-based reasoning (CBR), broadly construed, is the process of solving new problems based on the solutions of similar past problems. [1] [2]In everyday life, an auto mechanic who fixes an engine by recalling another car that exhibited similar symptoms is using case-based reasoning.
[2] Scheb discussed the manner in which the court determines the factual basis for the plea, "In determining that a factual basis exists for the defendant's plea, judges often have the prosecutor briefly outline available proof to establish a prima facie case of the defendant's guilt. A more extensive inquiry is usually necessary for specific ...
Cathy E. Moore described the totality of the circumstances test as a "balancing approach" rather than a strict application of "analytical and evidentiary rules", [5] and Michael Coenen wrote that a totality of the circumstances test is the "antithesis" of an "inflexible checklist". [6]