1.What is the background?
—Citation
*Where?
Is it a federal or state case?If it’s a federal case,in what circuit was it decided?
Level of court?
*When?
eg: 639 S.W.2d 31
The case is found in the Southwest 2nd reporter series,the volume number would be 639,and it begins on page 31.
2.What are the facts?
-What are the facts of the case?
-Who are parties?
-Injury/remedy?
-Claims?
3.What is the legal question?
-What is the question the court is asking?
-The holding is the answer to this question?
4.What is the answer to that question?
-This is the court’s holding.
-The court affirms,reverse,and/or remands back to the lower court for further proceedings.
5.Reasoning
-Ask yourself “why”the court answers the question in this way.
-What “test”does the court use to answer the question.
6.Any other opinions?
-Not all judges may agree.
-Majority=binding precedent.
-Dissent=disagree with the outcome.
-Concur=agree with the outcome but wants to elaborate or agrees with the outcome for different reasons.
7.How fit with other cases?
-In what way does this case address issues that I have seen before?(fit both before and after this particular case)
-To what extent does this case extend or modify legal reasoning that was employed in earlier case?
-What issues does this case leave unresolved?
-If not part of holding,may be dicta.
