Thinking Like A Law Student Dissenting – brief should summarize the basic disagreement

between the dissent and the majority opinion and the justification. For
the dissent’s position
Case Method
Introduced by Dean Christopher Columbus Langdell to Harvard Law
Case analysis consists of the brief
School 1870 – law is a science and that judicial opinions are the data
Case Synthesizing – to place each case in a larger framework
that the science of law examines.
consisting of all the other cases read up to that point in the course
(what did the case teach you that you did not know before)
Elements of a Brief
1. Summary of the facts – the necessary events that gave rise to
Strategies for Handling Conflict in the Cases
the dispute
1. Harmonizing the cases – to synthesize and apply the rules and
2. Describes the procedural history – events that occurred in
policies in a way that seems to eliminate any conflict between
court from the filing of the complaint to the appeal of the trial
the cases
court’s judgement
2. Distinguish the cases – to synthesize and appl the rules and
3. Identifies the issue presented to the appellate court for
policies in a way that treats contrary decisions as arising from
decision – whether; answerable by yes or no
the facts that are different in relevant respects and therefore do
4. States the holding of the court – court’s decision regarding the
not require the same result
issue; “We hold…”
5. Summarizes the court’s reasoning – most difficult to write due
Socratic Method
to its scattered nature over a large portion of the opinion
Socrates – Greek philosopher; exchanged questions and ideas as
6. Indicates the disposition of the case – judgement of trial court
method of teaching
was reversed or affirmed
Dean Langdell introduced the Socratic Method to Harvard
*Concurring or Dissenting opinion – written by a judge who is not
speaking in the majority of the court
Concurring – brief should indicate how the concurrence
differs from the majority opinion
Problem method – ask students to discuss as a group a single
hypothetical dispute Line drawing – the student must draw a line separating the cases where
a certain right or duty was found to exist from those where it was
Types of Hard Case found not to exist; “slippery slope” – dig your own grave by adding
1. Cases in which the result required by the rule seems unclear more facts
2. Cases in which the result required by the rule seems clear but
unjust or unwise
In the matter of charges of plagiarism, etc. against Associate Justice Mariano C. del Castillo

Vinuya et al. are victims of rape during the Japanese occupation of the Philippines. Since then, they are claiming for damages against the Japanese
war criminals