This chapter discussed different types of case law and how to use them. One topic that stood out to me was the complexity of a judge’s decision, specifically that it has four distinct parts. I didn’t realize that the direct ruling on the legal issue at hand is considered mandatory authority, but the discussion of broader issues isn’t.
This chapter covered methods one can use to find specific cases from citations, online, and at law libraries. I found it interesting that—ok, you know what? I didn’t find anything particularly interesting. This was a short chapter in an understandably dull book; while it might be useful as a study aid, I could find nothing of intrigue whatsoever. I guess I could just offer a more detailed summary to make it look like I absorbed the material, but truthfully, I would need to refer to the book via the table of contents to make use of use any of the information covered. It’s nothing against the author—Stephen Elias does a fantastic job of making the information accessible—the material is simply too dry to be memorable. Anyway, here’s a picture of the Supreme Court but with Antonin Scalia’s head made into a jack-o-lantern with a Hitler mustache. I don’t know why either.
This chapter discussed tools for finding and understanding made law. It described a variety of online and in person resources for researching constitutions, statutes, and regulations. What I found most interesting about this chapter was its discussion of how one should interpret certain types of law differently than others, e.g. read criminal law strictly. Moreover, I find it interesting that laws written with such complicated language—ostensibly to make them immune to misinterpretation—can still be understood in several different ways.
These chapters provided useful information on researching legal matters. Chapter three focused on helping one identify what type of law they need to research, and which sources might be most helpful for specific topics. Chapter four identified different types of secondary sources for legal information, and gave tips on how to use them.
Key terms from the chapters
Criminal Law: Cases prosecuted by the government to render a conviction for illegal behavior.
Civil Law: Cases in which one party pursues legal action against another to settle a non-criminal dispute.
Substantive Law: The legal basis for a case; laws that a judge will interpret in order to render a verdict.
Procedural Law: Rules about how a case is pursued by police, prosecutors, juries, etc.