University of Denver

A More Rigorous Approach to Teaching the Reasoning Portion of Case Analysis

The first skill that law schools teach their students is case briefing or case analysis. However, law schools often teach this skill superficially. In this paper, the author presents a more rigorous approach to case analysis, by including in the reasoning section the types of reasoning (rule-based reasoning, reasoning by analysis, distinguishing cases, policy-based reasoning, synthesis) a judge is using and how the judge employs these types of reasoning to obtain the holding.