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Northern Illinois University College of Law David C. Shapiro Memorial Law Library

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Basic Legal Research

• Commonly Used Legal Terminology
• Welcome to Basic Legal Research!

Legal Dictionaries

Legal terminology: general terms, legal terminology: case law, legal terminology: codes, statutes & administrative law.

• Court Systems & Legal Authority
• Fact Pattern Analysis
• Secondary Legal Sources
• Understanding Case Citations
• Case Law Reporters
• Using Digests to Find Case Law
• Statutes & Codes
• Illinois Administrative Materials
• Federal Administrative Materials
• Terms and Connectors Searching
• Creating/Determining the "Best" Online Search
• Integrating Print & Online Resources
• Updating Your Research Using Shepard's & KeyCite
• Illinois Legislative History
• Federal Legislative History
• Appendix: Illinois Materials
• Appendix: Sample Bluebook Citations
• Appendix: Study Aids

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• The Law Library has several print legal dictionaries available. One of the most frequently used is Black's Law Dictionary , 10th ed. (copies on Reserve and located elsewhere in the library)
• The major legal databases ( Bloomberg , Lexis Advance , Westlaw ) have online legal dictionaries (login required to access)
• Law.com has a free online legal dictionary at http://dictionary.law.com/
• Words and Phrases is a useful source similar to a dictionary. It provides judicial definitions of legal and non-legal terms. Information is compiled from headnotes containing judicial definitions. It is useful for discovering if any court, or a specific court, has ever defined a term or phrase. The Law Library's print copy (KF 156 .W57) is no longer updated as of 2015, but an up-to-date online version is available on Westlaw .

Analogize: To take the facts, rationale or argument of a written decision and explain how the argument relates to your case/issue.

Citation: A reference to a legal precedent or authority (primary or secondary) such as a case, statute or treatise. Case citation: The alpha numeric identifier provided to enable researchers to locate written decisions. The format usually consists of a volume number, the abbreviated reporter name, and a page or paragraph number. (e.g. 268 N.E.2d 1247)

Citators: A tool used in legal research to update legal authorities by listing their subsequent history and treatment. Also provide additional research references to primary and secondary resources citing your original document.

Civil Law: The body of law imposed by the state; the law of civil or private rights; a civil law system relies on codes that provide explicit rules of a situation. A judge's decision in a civil law system does not become binding or form a precedent. Many European countries are civil law countries.

Constitution: A type of primary authority that is a set of principles that a country or state is governed by. Constitutions generally establish the branches of government, the scope of powers for each branch, and a set of guaranteed civil rights and civil liberties.

Criminal Law: The body of law defining offenses against the community at large, regulating how suspects are investigated, charged and tried, and establishing punishment for convicted offenders.

Court Rules: Rules that control the operation of the courts and the conduct of the litigants appearing before the court.

Distinguishing an Authority: Taking the facts, rationale or arguments of a written decision or other primary authority and showing the differences between that authority and your case, even if on the surface they seem similar.

Federal Jurisdiction: A federal court's power to hear matters. Under this type of jurisdiction federal courts may decide a question of civil and/or criminal federal law.

Index: An alphabetical listing of items (topics or names) available in the resource along with an indication of where each item may be found within the work. This finding tool is available in both print and electronic resources.

Hypothetical: Discussion of a legal principle based on a fictitious or assumed set of facts.

Mandatory (Binding) Authority: A primary legal authority that is binding on a court. Jurisdiction and court level determine whether a primary legal authority is mandatory or persuasive.

Moot Court: A fictitious court held, usually in law schools, to argue hypothetical cases, especially at the appellate level.

Persuasive Authority: A primary or secondary authority. The legal authority is not binding on a court, but the court may still rely on the authority when making its determination. Jurisdiction and court level determine whether a primary legal authority is persuasive or mandatory/binding. Secondary authority is always only persuasive.

Pinpoint Citation: The page on which a quotation or relevant passage appears, as opposed to

the page on which a case or article begins.

Procedural Law: Rules that describe the steps for having a right or duty judicially enforced,

as opposed to the law that defines the specific rights and duties themselves.

Primary Legal Authority: Authority that issues directly from a lawmaking body such as constitutions, legislation, regulations, and the reports of litigated cases (court opinions) among others.

Relevance: Relation or pertinence to the issue at hand.

Relief: The compensation (monetary or other- e.g., injunction) or benefit that a party asks of another party, sometimes received through settlement and other times received through the courts.

Secondary Legal Authority: Authority that explains the law but does not itself establish the law, such as a treatise, annotation, or law review article among others.

State Jurisdiction: A state court's power to hear matters. Under this type of jurisdiction state courts may decide a question of civil and/or criminal state law.

Socratic Method: A technique of law school instruction, whereby a professor questions one or more students, building on each answer with another question.

Substantive Law: The part of the law that creates, defines and regulates the rights, duties and powers of parties.

Table of Contents: Usually located at the beginning of the work, it provides a list of chapters/sections within the work, often in outline form, and the page numbers where the topics for each chapter/section begin. Some resources provide tables of contents for each chapter. Electronic resources provide them through a separate link. This finding tool is available in both print and electronic resources.

Uniform Laws: An unofficial law proposed as legislation for all the states to adopt exactly as written, the purpose being to promote greater consistency among the states.

Appeal: To seek review by a higher court. (e.g. appeal trial court decisions to the appropriate higher court; appeal appellate court decisions to the appropriate highest court.)

Appellant: One who brings the appeal of the lower court decision (the loser in the lower court).

Appellate Briefs: Written argument submitted to the appellate court in support of a position on appeal (not the same as a case brief).

Appellee: One against whom the appeal is brought and must respond to the appeal (the winner in the lower court). Also called respondent.

Case: Generally used in law to refer to the written decision of a court.

Case Law: All reported decisions within a jurisdiction. May consist of common law decisions as well as judicial decisions interpreting statutes, regulations, constitutions etc.

Case Reporters: Court opinions that are gathered together and published in chronological order. The books containing these cases are called case reporters. Even though most cases are available online, they are still organized and cited to according to the print reporter system. Cases are primary sources regardless of publication in an official or unofficial reporter, the case decision is the primary source. Case reporters can be official or unofficial.

• Official Reporter : The governmentally approved publication reproducing reported cases within a given jurisdiction. The official reporter is the reporter that should be cited when submitting documents to the court.
• Unofficial Reporter : Reporters published by commercial publishers (West, Lexis, BNA) in either print or online formats, reproducing the reported decisions within a given jurisdiction. Commercially published reporters are considered unofficial reporters.

Citator: A tool used in legal research to update legal authorities by listing their subsequent history and treatment. With case law, legal citators indicate when a case has been cited by a later case, and what effect, if any, the later citation had on the original case.  The three main citators are Shepard's on Lexis, KeyCite on Westlaw and Bcite on Bloomberg Law.

Common Law: The body of judge-made law having no basis in statutes. NOTE: Case law that interprets a statue is NOT common law.

Common Law Tradition: The basis for the American legal system where courts create rules called common-law rules and those rules govern future cases in that particular area. For example, Tort cases are governed by common law rules.

Concurring Opinion: A separate written opinion explaining a vote cast by one or more judges in favor of the judgment reached, often on grounds different from those expressed in the opinion explaining the judgment.

Defendant: A person sued in a civil proceeding or accused in a criminal proceeding.

Dicta: A comment by a court that is unnecessary to a decision and therefore not precedential. There are several types of dicta in Black's. You do rely on judicial dictum, but dicta is actually short for obiter dictum. Judicial dictum is considered binding by courts while obiter dictum is not.

Digest: A case finding tool that organizes cases by subject. Within each subject digests provide summaries of cases that discuss the law on that subject. Digests allow you to find cases on a particular point of law in a particular jurisdiction. Online services also provide digests for particular topics.

Dissenting Opinion: An opinion by one or more judges who disagree with the decision reached by the majority.

Docket Number: Courts assign each newly filed action with a number. The number usually refrences the year the case was commenced followed by a series of numbers or letters that represent the type of action (civil, criminal, family court, etc.) or location of filing.

Federal Circuit Courts: The appellate court level in the federal court system. There are 13.

Federal District Courts: The trial court level in the federal court system. There are 94.

Headnote: A brief summary of a specific point of law decided in a case. Headnotes appear before the judicial opinion, and are generally written by a publisher's editors. Headnotes are a great research tool, but are not considered legal authority and should never be cited to.

Illinois Circuit Courts: The trial court level in the Illinois state court system. There are 24.

Illinois District Courts: The appellate court level in the Illinois state court system. There are 5.

Intermediate Appellate Courts: Appellate courts that are in the middle of the judicial hierarchy in a jurisdiction, they are above the trial court and below the highest court/court of last resort. Their opinions are binding on the courts below them (trial courts).

Judge: A public official appointed or elected to hear and decide legal matters in court.

Judiciary: The branch of government responsible for interpreting the laws and administering justice; a body of judges.

Justice: A judge, especially of an appellate court.

Litigation: The process of carrying on a lawsuit; the lawsuit itself.

Litigator: A lawyer who prepares cases for trial as by conducting discovery and pretrial motions, trying cases and handling appeals; a trial lawyer.

Litigant: A party to a lawsuit.

Majority Opinion: see Opinion.

Minority Opinion: see Opinion.

Official Reporter: see Case Reporter.

Opinion: The written decision of a court.

• Majority Opinion: An opinion joined in by more than half of the judges considering a given case.One judge writes the opinion when a majority of judges agree with the holding.
• Minority Opinion: An opinion by one or more judges who disagree with the decision reached by the majority - also called a dissenting opinion.
• Concurring Opinion: A judge who voted with the majority opinion, but writes separately because her reasoning is different.
• Dissenting Opinion: A judge who writes a separate opinion where the reasoning and the holding are different from the majority.
• Per Curiam Opinion : Literally "By the Court."  This happens when the court issues a unanimous opinion, typically on a controversial topic, so that no single author can be identified.

Opinions, unpublished : An  opin io n  is considered  publish ed unless it is specifically designated as "unpublished."   The court typically designates an opinion as "unpublished" if it doesn't add anything new to the body of law.  Courts have different rules about whether they will accept citations to unpublished opinions.  

Parallel Citation: An additional reference to a case that has been reported in more than one reporter. Example: Morgan v. United States, 304 U.S. 1, 58 S. Ct. 773, 82 L. Ed. 1129 (1938), where 58 S. Ct. 773 and 82 L. Ed. 1129 are parallel citations to the decision cited in the official reporter at 304 U.S. 1 .

Petitioner: A party who presents a petition to a court or other official body, especially when seeking relief on appeal (where the Petitioner is the Appellant).

Plaintiff: The party who brings a civil suit in a court of law.

Precedent: A decided case that furnishes a basis for determining later cases involving similar facts or issues.

Reporter: see Case Reporters.

Respondent: The party against whom an appeal is taken (appellee); the party against whom a motion or petition is filed.

Slip Opinion : The opinion issued by the court as a stand-alone document on the day it is decided, before it has been assigned a volume and page number in the official reporter.  

Star Pagination: A device, typically one or more asterisks (*), used in in cases online to designate differences in pagination of the case as it would appear in print in different reporters. 

Stare Decisis: "To stand by things decided." An American legal system doctrine of precedent under which it is necessary for a court to follow earlier judicial decisions when the same points are again in litigation.

Supreme Court: This is the court of last resort, or the highest court in the judicial hierarchy. The opinions of a supreme court are binding on all the courts below it (Trial and Appellate). Note that some jurisdictions refer to the highest court as a Court of Appeals or Court of Last Resort, e.g., in New York State the Supreme Court is not the highest court in the state.

Syllabus/Synopsis: A summary of the case.  It will usually describe the procedural posture (how the case made it to to the court) and the holding.  It is not part of the official opinion.

Table of Authorities: The list of primary authorities (cases, statutes, regulations, or constitutions) and secondary authorities relied upon in the document you are viewing.

Topic & Key Number System : A proprietary system developed by West Publishing (now ThomsonReuters) to identify related cases on a similar issue.  Each headnote in cases published by West will be assigned a corresponding topic and key number.

Trial Courts: Trial courts are at the bottom of the judicial hierarchy in a jurisdiction. They are usually persuasive primary authority. Trial court opinions bind only the parties involved in the case, other trial courts hearing similar cases are not bound by the opinions, and the appellate courts in the jurisdiction are not bound by the trial court opinions.

Code: The subject arrangement of the laws or regulations of a jurisdiction.

• Annotated Code: A publication of all the laws of a jurisdiction organized by subject matter which contains research references that include summaries of cases or citations to secondary sources that discuss that particular law. Annotated codes only contain select case law interpreting the statute, not every case ever citing the statute.
• Unannotated Code: A publication of all the laws of a jurisdiction organized by subject matter. No research references are included in unannotated codes.

Legislative History: The proceedings leading up to the enactment of a statute. This includes hearings, committee reports, and floor debates among other resources. Legislative history is recorded so that it can be used to interpret the statute at a later date. Legislative history records are available for federal statutes. Many states keep records of legislative history, but the extent of the record varies from state to state. Legislative history is considered a primary authority.

Regulation: In administrative law, a primary authority that stems from the executive branch. It is a directive issued by a government agency that implements and/or carries out a governmental policy or program. The directive must be within the agency's statutory authority.

Session Laws: A body of statutes enacted by a legislature during a particular annual or biennial session; the books containing these statutes. Maintained in public act or public law format.

Statute: A law passed by a legislative body. Often also called laws and codes.

• Federal Statute: Written laws passed by the United States Congress. Statutes are primary authority.
• State Statute: Written laws passed by the state legislature. Statutes are primary authority.

Statutes at Large: An official compilation of the acts and resolutions that become law from each session of the United States Congress. They are printed in chronological order.

Statutory Annotations: In statutory research, the term is used to refer to brief summaries of court decisions interpreting and applying statutes as well as summaries of secondary materials referencing the statutory section. These summaries appear in annotated statutory compilations, after the text of individual statutes. They are also referred to as research references.

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Glossary of Legal Terms

A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction.

A judge in the full-time service of the court. Compare to senior judge.

The federal agency responsible for collecting court statistics, administering the federal courts' budget, and performing many other administrative and programmatic functions, under the direction and supervision of the Judicial Conference of the United States.

A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases.

A lawsuit arising in or related to a bankruptcy case that begins by filing a complaint with the court, that is, a "trial" that takes place within the context of a bankruptcy case.

A written or printed statement made under oath.

In the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court.

A juror selected in the same manner as a regular juror who hears all the evidence but does not help decide the case unless called on to replace a regular juror.

A procedure for settling a dispute outside the courtroom. Most forms of ADR are not binding, and involve referral of the case to a neutral party such as an arbitrator or mediator.

Latin for "friend of the court." It is advice formally offered to the court in a brief filed by an entity interested in, but not a party to, the case.

The formal written statement by a defendant in a civil case that responds to a complaint, articulating the grounds for defense.

A request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the "appellant;" the other party is the "appellee."

The party who appeals a district court's decision, usually seeking reversal of that decision.

About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal. For example, the U.S. circuit courts of appeals review the decisions of the U.S. district courts.

The party who opposes an appellant's appeal, and who seeks to persuade the appeals court to affirm the district court's decision.

A proceeding in which a criminal defendant is brought into court, told of the charges in an indictment or information, and asked to plead guilty or not guilty.

A federal judge who is appointed for life, during "good behavior," under Article III of the Constitution. Article III judges are nominated by the President and confirmed by the Senate.

Property of all kinds, including real and personal, tangible and intangible.

An agreement to continue performing duties under a contract or lease.

An injunction that automatically stops lawsuits, foreclosures, garnishments, and most collection activities against the debtor the moment a bankruptcy petition is filed.

The release, prior to trial, of a person accused of a crime, under specified conditions designed to assure that person's appearance in court when required. Also, can refer to the amount of bond money posted as a financial condition of pretrial release.

A legal procedure for dealing with debt problems of individuals and businesses; specifically, a case filed under one of the chapters of title 11 of the United States Code (the Bankruptcy Code).

An officer of the Judiciary serving in the judicial districts of Alabama and North Carolina who, like the United States trustee, is responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors' committees; monitoring fee applications; and performing other statutory duties.

The informal name for title 11 of the United States Code (11 U.S.C. §§ 101-1330), the federal bankruptcy law.

The bankruptcy judges in regular active service in each district; a unit of the district court.

All interests of the debtor in property at the time of the bankruptcy filing. The estate technically becomes the temporary legal owner of all of the debtor's property.

A judicial officer of the United States district court who is the court official with decision-making power over federal bankruptcy cases.

A formal request for the protection of the federal bankruptcy laws. (There is an official form for bankruptcy petitions.)

A private individual or corporation appointed in all Chapter 7 and Chapter 13 cases to represent the interests of the bankruptcy estate and the debtor's creditors.

A trial without a jury, in which the judge serves as the fact-finder.

A written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments.

The duty to prove disputed facts. In civil cases, a plaintiff generally has the burden of proving his or her case. In criminal cases, the government has the burden of proving the defendant's guilt. (See standard of proof.)

A bankruptcy case in which the debtor is a business or an individual involved in business and the debts are for business purposes.

A crime punishable by death.

A complete collection of every document filed in court in a case.

The law as established in previous court decisions. A synonym for legal precedent. Akin to common law, which springs from tradition and judicial decisions.

The number of cases handled by a judge or a court.

A legal claim.

The offices of a judge and his or her staff.

A reorganization bankruptcy, usually involving a corporation or partnership. A Chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. Individuals or people in business can also seek relief in Chapter 11.

The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer" or "family fisherman," as the terms are defined in the Bankruptcy Code.

The chapter of the Bankruptcy Code providing for the adjustment of debts of an individual with regular income, often referred to as a "wage-earner" plan. Chapter 13 allows a debtor to keep property and use his or her disposable income to pay debts over time, usually three to five years.

A person appointed to administer a Chapter 13 case. A Chapter 13 trustee's responsibilities are similar to those of a Chapter 7 trustee; however, a Chapter 13 trustee has the additional responsibilities of overseeing the debtor's plan, receiving payments from debtors, and disbursing plan payments to creditors.

The chapter of the Bankruptcy Code dealing with cases of cross-border insolvency.

The chapter of the Bankruptcy Code providing for "liquidation," that is, the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. In order to be eligible for Chapter 7, the debtor must satisfy a "means test." The court will evaluate the debtor's income and expenses to determine if the debtor may proceed under Chapter 7.

A person appointed in a Chapter 7 case to represent the interests of the bankruptcy estate and the creditors. The trustee's responsibilities include reviewing the debtor's petition and schedules, liquidating the property of the estate, and making distributions to creditors. The trustee may also bring actions against creditors or the debtor to recover property of the bankruptcy estate.

The chapter of the Bankruptcy Code providing for reorganization of municipalities (which includes cities and towns, as well as villages, counties, taxing districts, municipal utilities, and school districts).

The judge who has primary responsibility for the administration of a court; chief judges are determined by seniority

A creditor's assertion of a right to payment from a debtor or the debtor's property.

A lawsuit in which one or more members of a large group, or class, of individuals or other entities sue on behalf of the entire class. The district court must find that the claims of the class members contain questions of law or fact in common before the lawsuit can proceed as a class action.

The court officer who oversees administrative functions, especially managing the flow of cases through the court. The clerk's office is often called a court's central nervous system.

Property that is promised as security for the satisfaction of a debt.

The legal system that originated in England and is now in use in the United States, which relies on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by legislation.

A special condition the court imposes that requires an individual to work – without pay – for a civic or nonprofit organization.

A written statement that begins a civil lawsuit, in which the plaintiff details the claims against the defendant.

Prison terms for two or more offenses to be served at the same time, rather than one after the other. Example: Two five-year sentences and one three-year sentence, if served concurrently, result in a maximum of five years behind bars.

Approval of a plan of reorganization by a bankruptcy judge.

Prison terms for two or more offenses to be served one after the other. Example: Two five-year sentences and one three-year sentence, if served consecutively, result in a maximum of 13 years behind bars.

A bankruptcy case filed to reduce or eliminate debts that are primarily consumer debts.

Debts incurred for personal, as opposed to business, needs.

A claim that may be owed by the debtor under certain circumstances, e.g., where the debtor is a cosigner on another person's loan and that person fails to pay.

An agreement between two or more people that creates an obligation to do or not to do a particular thing.

A judgment of guilt against a criminal defendant.

Legal advice; a term also used to refer to the lawyers in a case.

An allegation in an indictment or information, charging a defendant with a crime. An indictment or information may contain allegations that the defendant committed more than one crime. Each allegation is referred to as a count.

Government entity authorized to resolve legal disputes. Judges sometimes use "court" to refer to themselves in the third person, as in "the court has read the briefs."

A person who makes a word-for-word record of what is said in court, generally by using a stenographic machine, shorthand or audio recording, and then produces a transcript of the proceedings upon request.

Generally refers to two events in individual bankruptcy cases: (1) the "individual or group briefing" from a nonprofit budget and credit counseling agency that individual debtors must attend prior to filing under any chapter of the Bankruptcy Code; and (2) the "instructional course in personal financial management" in chapters 7 and 13 that an individual debtor must complete before a discharge is entered. There are exceptions to both requirements for certain categories of debtors, exigent circumstances, or if the U.S. trustee or bankruptcy administrator have determined that there are insufficient approved credit counseling agencies available to provide the necessary counseling.

A person to whom or business to which the debtor owes money or that claims to be owed money by the debtor.

Money that a defendant pays a plaintiff in a civil case if the plaintiff has won. Damages may be compensatory (for loss or injury) or punitive (to punish and deter future misconduct).

Latin, meaning "in fact" or "actually." Something that exists in fact but not as a matter of law.

Latin, meaning "in law." Something that exists by operation of law.

Latin, meaning "anew." A trial de novo is a completely new trial. Appellate review de novo implies no deference to the trial judge's ruling.

A person who has filed a petition for relief under the Bankruptcy Code.

A debtor's detailed description of how the debtor proposes to pay creditors' claims over a fixed period of time.

A judge's statement about someone's rights. For example, a plaintiff may seek a declaratory judgment that a particular statute, as written, violates some constitutional right.

A judgment awarding a plaintiff the relief sought in the complaint because the defendant has failed to appear in court or otherwise respond to the complaint.

An individual (or business) against whom a lawsuit is filed.

In a civil case, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime.

An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. See discovery.

A release of a debtor from personal liability for certain dischargeable debts. Notable exceptions to dischargeability are taxes and student loans. A discharge releases a debtor from personal liability for certain debts known as dischargeable debts and prevents the creditors owed those debts from taking any action against the debtor or the debtor's property to collect the debts. The discharge also prohibits creditors from communicating with the debtor regarding the debt, including through telephone calls, letters, and personal contact.

A debt for which the Bankruptcy Code allows the debtor's personal liability to be eliminated.

A written document prepared by the chapter 11 debtor or other plan proponent that is designed to provide "adequate information" to creditors to enable them to evaluate the chapter 11 plan of reorganization.

Procedures used to obtain disclosure of evidence before trial.

Court action that prevents an identical lawsuit from being filed later.

Court action that allows the later filing.

Income not reasonably necessary for the maintenance or support of the debtor or dependents. If the debtor operates a business, disposable income is defined as those amounts over and above what is necessary for the payment of ordinary operating expenses.

A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings.

In criminal law, the constitutional guarantee that a defendant will receive a fair and impartial trial. In civil law, the legal rights of someone who confronts an adverse action threatening liberty or property.

French, meaning "on the bench." All judges of an appellate court sitting together to hear a case, as opposed to the routine disposition by panels of three judges. In the Ninth Circuit, an en banc panel consists of 11 randomly selected judges.

Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy (see damages). A separate court of "equity" could order someone to do something or to cease to do something (e.g., injunction). In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases.

The value of a debtor's interest in property that remains after liens and other creditors' interests are considered. (Example: If a house valued at $60,000 is subject to a $30,000 mortgage, there is $30,000 of equity.)

Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case in favor of one side or the other.

A proceeding brought before a court by one party only, without notice to or challenge by the other side.

Doctrine that says evidence obtained in violation of a criminal defendant's constitutional or statutory rights is not admissible at trial.

Evidence indicating that a defendant did not commit the crime.

Contracts or leases under which both parties to the agreement have duties remaining to be performed. If a contract or lease is executory, a debtor may assume it (keep the contract) or reject it (terminate the contract).

Property that a debtor is allowed to retain, free from the claims of creditors who do not have liens on the property.

Certain property owned by an individual debtor that the Bankruptcy Code or applicable state law permits the debtor to keep from unsecured creditors. For example, in some states the debtor may be able to exempt all or a portion of the equity in the debtor's primary residence (homestead exemption), or some or all "tools of the trade" used by the debtor to make a living (i.e., auto tools for an auto mechanic or dental tools for a dentist). The availability and amount of property the debtor may exempt depends on the state the debtor lives in.

A bankruptcy case filed either without schedules or with incomplete schedules listing few creditors and debts. (Face sheet filings are often made for the purpose of delaying an eviction or foreclosure

An individual, individual and spouse, corporation, or partnership engaged in a farming operation that meets certain debt limits and other statutory criteria for filing a petition under Chapter 12.

An attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel. The judiciary administers the federal defender program pursuant to the Criminal Justice Act.

As provided for in the Criminal Justice Act, an organization established within a federal judicial circuit to represent criminal defendants who cannot afford an adequate defense. Each organization is supervised by a federal public defender appointed by the court of appeals for the circuit.

Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties.

A serious crime, usually punishable by at least one year in prison.

To place a paper in the official custody of the clerk of court to enter into the files or records of a case.

A transfer of a debtor's property made with intent to defraud or for which the debtor receives less than the transferred property's value.

The characterization of a debtor's status after bankruptcy, i.e., free of most debts. (Giving debtors a fresh start is one purpose of the Bankruptcy Code.)

A body of 16-23 citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is probable cause to believe an individual committed an offense. See also indictment and U.S. attorney.

Latin, meaning "you have the body." A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement. Federal judges receive petitions for a writ of habeas corpus from state prison inmates who say their state prosecutions violated federally protected rights in some way.

Evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else. With some exceptions, hearsay generally is not admissible as evidence at trial

A special condition the court imposes that requires an individual to remain at home except for certain approved activities such as work and medical appointments. Home confinement may include the use of electronic monitoring equipment – a transmitter attached to the wrist or the ankle – to help ensure that the person stays at home as required.

1. The process of calling a witness's testimony into doubt. For example, if the attorney can show that the witness may have fabricated portions of his testimony, the witness is said to be "impeached;" 2. The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government, who are then tried by the Senate.

Latin, meaning in a judge's chambers. Often means outside the presence of a jury and the public. In private.

"In the manner of a pauper." Permission given by the court to a person to file a case without payment of the required court fees because the person cannot pay them.

Evidence indicating that a defendant did commit the crime.

The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. See also information.

A formal accusation by a government attorney that the defendant committed a misdemeanor. See also indictment.

A court order preventing one or more named parties from taking some action. A preliminary injunction often is issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified.

A director, officer, or person in control of the debtor; a partnership in which the debtor is a general partner; a general partner of the debtor; or a relative of a general partner, director, officer, or person in control of the debtor.

Any relative of the debtor or of a general partner of the debtor; partnership in which the debtor is a general partner; general partner of the debtor; or corporation of which the debtor is a director, officer, or person in control.

A form of discovery consisting of written questions to be answered in writing and under oath.

1. The disputed point between parties in a lawsuit; 2. To send out officially, as in a court issuing an order.

A court-approved mechanism under which two or more cases can be administered together. (Assuming no conflicts of interest, these separate businesses or individuals can pool their resources, hire the same professionals, etc.)

One bankruptcy petition filed by a husband and wife together.

An official of the Judicial branch with authority to decide lawsuits brought before courts. Used generically, the term judge may also refer to all judicial officers, including Supreme Court justices.

The position of judge. By statute, Congress authorizes the number of judgeships for each district and appellate court.

The official decision of a court finally resolving the dispute between the parties to the lawsuit.

The policy-making entity for the federal court system. A 27-judge body whose presiding officer is the Chief Justice of the United States.

The legal authority of a court to hear and decide a certain type of case. It also is used as a synonym for venue, meaning the geographic area over which the court has territorial jurisdiction to decide cases.

The study of law and the structure of the legal system

The group of persons selected to hear the evidence in a trial and render a verdict on matters of fact. See also grand jury.

A judge's directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply.

A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty which resulted in harm to the plaintiff.

A charge on specific property that is designed to secure payment of a debt or performance of an obligation. A debtor may still be responsible for a lien after a discharge.

A creditor's claim for a fixed amount of money.

The sale of a debtor's property with the proceeds to be used for the benefit of creditors.

A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

A judicial officer of a district court who conducts initial proceedings in criminal cases, decides criminal misdemeanor cases, conducts many pretrial civil and criminal matters on behalf of district judges, and decides civil cases with the consent of the parties.

Section 707(b)(2) of the Bankruptcy Code applies a "means test" to determine whether an individual debtor's chapter 7 filing is presumed to be an abuse of the Bankruptcy Code requiring dismissal or conversion of the case (generally to chapter 13). Abuse is presumed if the debtor's aggregate current monthly income (see definition above) over 5 years, net of certain statutorily allowed expenses is more than (i) $10,000, or (ii) 25% of the debtor's nonpriority unsecured debt, as long as that amount is at least $6,000. The debtor may rebut a presumption of abuse only by a showing of special circumstances that justify additional expenses or adjustments of current monthly income.

Special condition the court imposes to require an individual to undergo evaluation and treatment for a mental disorder. Treatment may include psychiatric, psychological, and sex offense-specific evaluations, inpatient or outpatient counseling, and medication.

An offense punishable by one year of imprisonment or less. See also felony.

An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again with the selection of a new jury.

Not subject to a court ruling because the controversy has not actually arisen, or has ended

A request by a litigant to a judge for a decision on an issue relating to the case.

A pretrial motion requesting the court to prohibit the other side from presenting, or even referring to, evidence on matters said to be so highly prejudicial that no steps taken by the judge can prevent the jury from being unduly influenced.

A request by a creditor to allow the creditor to take action against the debtor or the debtor's property that would otherwise be prohibited by the automatic stay.

A Chapter 7 case in which there are no assets available to satisfy any portion of the creditors' unsecured claims.

No contest. A plea of nolo contendere has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.

A debt that cannot be eliminated in bankruptcy. Examples include a home mortgage, debts for alimony or child support, certain taxes, debts for most government funded or guaranteed educational loans or benefit overpayments, debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, and debts for restitution or a criminal fine included in a sentence on the debtor's conviction of a crime. Some debts, such as debts for money or property obtained by false pretenses and debts for fraud or defalcation while acting in a fiduciary capacity may be declared nondischargeable only if a creditor timely files and prevails in a nondischargeability action.

Property of a debtor that can be liquidated to satisfy claims of creditors.

A trustee's or creditor's objection to the debtor being released from personal liability for certain dischargeable debts. Common reasons include allegations that the debt to be discharged was incurred by false pretenses or that debt arose because of the debtor's fraud while acting as a fiduciary.

A trustee's or creditor's objection to the debtor's attempt to claim certain property as exempt from liquidation by the trustee to creditors.

A judge's written explanation of the decision of the court. Because a case may be heard by three or more judges in the court of appeals, the opinion in appellate decisions can take several forms. If all the judges completely agree on the result, one judge will write the opinion for all. If all the judges do not agree, the formal decision will be based upon the view of the majority, and one member of the majority will write the opinion. The judges who did not agree with the majority may write separately in dissenting or concurring opinions to present their views. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law the majority used to decide the case. A concurring opinion agrees with the decision of the majority opinion, but offers further comment or clarification or even an entirely different reason for reaching the same result. Only the majority opinion can serve as binding precedent in future cases. See also precedent.

An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.

1. In appellate cases, a group of judges (usually three) assigned to decide the case; 2. In the jury selection process, the group of potential jurors; 3. The list of attorneys who are both available and qualified to serve as court-appointed counsel for criminal defendants who cannot afford their own counsel.

The release of a prison inmate – granted by the U.S. Parole Commission – after the inmate has completed part of his or her sentence in a federal prison. When the parolee is released to the community, he or she is placed under the supervision of a U.S. probation officer.

The Sentencing Reform Act of 1984 abolished parole in favor of a determinate sentencing system in which the sentence is set by sentencing guidelines. Now, without the option of parole, the term of imprisonment the court imposes is the actual time the person spends in prison.

A party who has standing to be heard by the court in a matter to be decided in the bankruptcy case. The debtor, U.S. trustee or bankruptcy administrator, case trustee, and creditors are parties in interest for most matters.

Latin, meaning "for the court." In appellate courts, often refers to an unsigned opinion.

A district court may grant each side in a civil or criminal trial the right to exclude a certain number of prospective jurors without cause or giving a reason.

A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of at least six persons.

The document that initiates the filing of a bankruptcy proceeding, setting forth basic information regarding the debtor, including name, address, chapter under which the case is filed, and estimated amount of assets and liabilities.

A business not authorized to practice law that prepares bankruptcy petitions.

A federal misdemeanor punishable by six months or less in prison.

A person or business that files a formal complaint with the court.

In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges. See also nolo contendere.

Written statements filed with the court that describe a party's legal or factual assertions about the case.

A transfer of the debtor's property made after the commencement of the case.

The arrangement (or rearrangement) of a debtor's property to allow the debtor to take maximum advantage of exemptions. (Prebankruptcy planning typically includes converting nonexempt assets into exempt assets.)

A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court. Judges will generally "follow precedent" - meaning that they use the principles established in earlier cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedent if a party can show that the earlier case was wrongly decided, or that it differed in some significant way from the current case.

A debt payment made to a creditor in the 90-day period before a debtor files bankruptcy (or within one year if the creditor was an insider) that gives the creditor more than the creditor would receive in the debtor's chapter 7 case.

A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence.

A meeting of the judge and lawyers to plan the trial, to discuss which matters should be presented to the jury, to review proposed evidence and witnesses, and to set a trial schedule. Typically, the judge and the parties also discuss the possibility of settlement of the case.

A function of the federal courts that takes place at the very start of the criminal justice process – after a person has been arrested and charged with a federal crime and before he or she goes to trial. Pretrial services officers focus on investigating the backgrounds of these persons to help the court determine whether to release or detain them while they await trial. The decision is based on whether these individuals are likely to flee or pose a threat to the community. If the court orders release, a pretrial services officer supervises the person in the community until he or she returns to court.

The Bankruptcy Code's statutory ranking of unsecured claims that determines the order in which unsecured claims will be paid if there is not enough money to pay all unsecured claims in full.

An unsecured claim that is entitled to be paid ahead of other unsecured claims that are not entitled to priority status. Priority refers to the order in which these unsecured claims are to be paid.

A slang expression sometimes used to refer to a pro se litigant. It is a corruption of the Latin phrase "in propria persona."

Representing oneself. Serving as one's own lawyer.

Sentencing option in the federal courts. With probation, instead of sending an individual to prison, the court releases the person to the community and orders him or her to complete a period of supervision monitored by a U.S. probation officer and to abide by certain conditions.

Officers of the probation office of a court. Probation officer duties include conducting presentence investigations, preparing presentence reports on convicted defendants, and supervising released defendants.

The rules for conducting a lawsuit; there are rules of civil procedure, criminal procedure, evidence, bankruptcy, and appellate procedure.

A written statement describing the reason a debtor owes a creditor money, which typically sets forth the amount of money owed. (There is an official form for this purpose.)

All legal or equitable interests of the debtor in property as of the commencement of the case.

To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government

An agreement by a debtor to continue paying a dischargeable debt after the bankruptcy, usually for the purpose of keeping collateral or mortgaged property that would otherwise be subject to repossession.

A written account of the proceedings in a case, including all pleadings, evidence, and exhibits submitted in the course of the case.

A procedure in a Chapter 7 case whereby a debtor removes a secured creditor's lien on collateral by paying the creditor the value of the property. The debtor may then retain the property.

The act of a court setting aside the decision of a lower court. A reversal is often accompanied by a remand to the lower court for further proceedings.

A penalty or other type of enforcement used to bring about compliance with the law or with rules and regulations.

Lists submitted by the debtor along with the petition (or shortly thereafter) showing the debtor's assets, liabilities, and other financial information. (There are official forms a debtor must use.)

A secured creditor is an individual or business that holds a claim against the debtor that is secured by a lien on property of the estate. The property subject to the lien is the secured creditor's collateral.

Debt backed by a mortgage, pledge of collateral, or other lien; debt for which the creditor has the right to pursue specific pledged property upon default. Examples include home mortgages, auto loans and tax liens.

A federal judge who, after attaining the requisite age and length of judicial experience, takes senior status, thus creating a vacancy among a court's active judges. A senior judge retains the judicial office and may cut back his or her workload by as much as 75 percent, but many opt to keep a larger caseload.

The punishment ordered by a court for a defendant convicted of a crime.

A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant.

To separate. Sometimes juries are sequestered from outside influences during their deliberations.

The delivery of writs or summonses to the appropriate party.

Parties to a lawsuit resolve their dispute without having a trial. Settlements often involve the payment of compensation by one party in at least partial satisfaction of the other party's claims, but usually do not include the admission of fault.

A special type of chapter 11 case in which there is no creditors' committee (or the creditors' committee is deemed inactive by the court) and in which the debtor is subject to more oversight by the U.S. trustee than other chapter 11 debtors. The Bankruptcy Code contains certain provisions designed to reduce the time a small business debtor is in bankruptcy.

Degree of proof required. In criminal cases, prosecutors must prove a defendant's guilt "beyond a reasonable doubt." The majority of civil lawsuits require proof "by a preponderance of the evidence" (50 percent plus), but in some the standard is higher and requires "clear and convincing" proof.

A series of questions the debtor must answer in writing concerning sources of income, transfers of property, lawsuits by creditors, etc. (There is an official form a debtor must use.)

A declaration made by a chapter 7 debtor concerning plans for dealing with consumer debts that are secured by property of the estate.

A law passed by a legislature.

The time within which a lawsuit must be filed or a criminal prosecution begun. The deadline can vary, depending on the type of civil case or the crime charged.

Latin, meaning "of its own will." Often refers to a court taking an action in a case without being asked to do so by either side.

The act or process by which a person's rights or claims are ranked below those of others.

A command, issued under a court's authority, to a witness to appear and give testimony.

A command to a witness to appear and produce documents.

Akin to a preliminary injunction, it is a judge's short-term order forbidding certain actions until a full hearing can be conducted. Often referred to as a TRO.

Evidence presented orally by witnesses during trials or before grand juries.

See statute of limitations.

A civil, not criminal, wrong. A negligent or intentional injury against a person or property, with the exception of breach of contract.

A written, word-for-word record of what was said, either in a proceeding such as a trial, or during some other formal conversation, such as a hearing or oral deposition

Any mode or means by which a debtor disposes of or parts with his/her property.

The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the U.S. trustee or bankruptcy administrator. The trustee is a private individual or corporation appointed in all chapter 7, chapter 12, and chapter 13 cases and some chapter 11 cases. The trustee's responsibilities include reviewing the debtor's petition and schedules and bringing actions against creditors or the debtor to recover property of the bankruptcy estate. In chapter 7, the trustee liquidates property of the estate, and makes distributions to creditors. Trustees in chapter 12 and 13 have similar duties to a chapter 7 trustee and the additional responsibilities of overseeing the debtor's plan, receiving payments from debtors, and disbursing plan payments to creditors.

A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government. The U.S. Attorney employs a staff of Assistant U.S. Attorneys who appear as the government's attorneys in individual cases.

An officer of the U.S. Department of Justice responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors' committees; monitoring fee applications; and performing other statutory duties.

A debt secured by property that is worth less than the amount of the debt.

The most widely used test for evaluating undue hardship in the dischargeability of a student loan includes three conditions: (1) the debtor cannot maintain – based on current income and expenses – a minimal standard of living if forced to repay the loans; (2) there are indications that the state of affairs is likely to persist for a significant portion of the repayment period; and (3) the debtor made good faith efforts to repay the loans.

A lawsuit brought by a landlord against a tenant to evict the tenant from rental property – usually for nonpayment of rent.

A claim for which a specific value has not been determined.

A debt that should have been listed by the debtor in the schedules filed with the court but was not. (Depending on the circumstances, an unscheduled debt may or may not be discharged.)

A claim or debt for which a creditor holds no special assurance of payment, such as a mortgage or lien; a debt for which credit was extended based solely upon the creditor's assessment of the debtor's future ability to pay.

The appellate court agrees with the lower court decision and allows it to stand. See affirmed.

The geographic area in which a court has jurisdiction. A change of venue is a change or transfer of a case from one judicial district to another.

The decision of a trial jury or a judge that determines the guilt or innocence of a criminal defendant, or that determines the final outcome of a civil case.

Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.

A transfer of a debtor's property with the debtor's consent.

A nonbankruptcy legal proceeding whereby a plaintiff or creditor seeks to subject to his or her claim the future wages of a debtor. In other words, the creditor seeks to have part of the debtor's future wages paid to the creditor for a debt owed to the creditor.

Court authorization, most often for law enforcement officers, to conduct a search or make an arrest.

A person called upon by either side in a lawsuit to give testimony before the court or jury.

A written court order directing a person to take, or refrain from taking, a certain act.

An order issued by the U.S. Supreme Court directing the lower court to transmit records for a case which it will hear on appeal.

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Case law is law that is based on judicial decisions rather than law based on constitutions , statutes , or regulations . Case law concerns unique disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly.

Case law, also used interchangeably with common law , refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic. In that sense, case law differs from one jurisdiction to another. For example, a case in New York would not be decided using case law from California. Instead, New York courts will analyze the issue relying on binding precedent .  If no previous decisions on the issue exist, New York courts might look at precedents from a different jurisdiction, that would be persuasive authority rather than binding authority. Other factors such as how old the decision is and the closeness to the facts will affect the authority of a specific case in common law.

Federalism also plays a major role in determining the authority of case law in a particular court. Indeed, each circuit has its own set of binding case law. As a result, a judgment rendered in the Ninth Circuit will not be binding in the Second Circuit but will have persuasive authority. However, decisions rendered by the Supreme Court of the United States are binding on all federal courts, and on state courts regarding issues of the Constitution and federal law.

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The Case Study Teaching Method

It is easy to get confused between the case study method and the case method , particularly as it applies to legal education. The case method in legal education was invented by Christopher Columbus Langdell, Dean of Harvard Law School from 1870 to 1895. Langdell conceived of a way to systematize and simplify legal education by focusing on previous case law that furthered principles or doctrines. To that end, Langdell wrote the first casebook, entitled A Selection of Cases on the Law of Contracts , a collection of settled cases that would illuminate the current state of contract law. Students read the cases and came prepared to analyze them during Socratic question-and-answer sessions in class.

The Harvard Business School case study approach grew out of the Langdellian method. But instead of using established case law, business professors chose real-life examples from the business world to highlight and analyze business principles. HBS-style case studies typically consist of a short narrative (less than 25 pages), told from the point of view of a manager or business leader embroiled in a dilemma. Case studies provide readers with an overview of the main issue; background on the institution, industry, and individuals involved; and the events that led to the problem or decision at hand. Cases are based on interviews or public sources; sometimes, case studies are disguised versions of actual events or composites based on the faculty authors’ experience and knowledge of the subject. Cases are used to illustrate a particular set of learning objectives; as in real life, rarely are there precise answers to the dilemma at hand.

Our suite of free materials offers a great introduction to the case study method. We also offer review copies of our products free of charge to educators and staff at degree-granting institutions.

For more information on the case study teaching method, see:

• Martha Minow and Todd Rakoff: A Case for Another Case Method
• HLS Case Studies Blog: Legal Education’s 9 Big Ideas
• Teaching Units: Problem Solving , Advanced Problem Solving , Skills , Decision Making and Leadership , Professional Development for Law Firms , Professional Development for In-House Counsel
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Watch this informative video about the Problem-Solving Workshop:

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Case Law Research Guide

Introduction.

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Every law student and practicing attorney must be able to find, read, analyze, and interpret case law. Under the common law principles of stare decisis, a court must follow the decisions in previous cases on the same legal topic. Therefore, finding cases is essential to finding out what the law is on a particular issue.

This guide will show you how to read a case citation and will set out the sources, both print and online, for finding cases. This guide also covers how to use digests, headnotes, and key numbers to find case law, as well as how to find cases through terms and connectors searching.

To find cases using secondary sources, such as legal encyclopedias or legal treatises, see our Secondary Sources Research Guide . For additional strategies to find cases, like using statutory annotations or citators, see our  Case Law Research Tutorial . Our tutorial also covers how to update cases using citators (Lexis’ Shepard’s tool and Westlaw’s KeyCite).

Basic Case Citation

A case citation is a reference to where a case (also called a  decision  or an  opinion  ) is printed in a book. The citation can also be used to retrieve cases from  Westlaw  and  Lexis . A case citation consists of a volume number, an abbreviation of the title of the book or other item, and a page number.  

The precise format of a case citation depends on a number of factors, including the jurisdiction, court, and type of case. You should review the rest of this section on citing cases (and the relevant rules in  The Bluebook ) before trying to format a case citation for the first time. See our Bluebook Guide for more information.

The basic format of a case citation is as follows:

Parallel Citations

When the same case is printed in different books, citations to more than one book may be given. These additional citations are known as  parallel citations .

Example: 265 U.S. 274, 68 L. Ed. 1016, 44 S. Ct. 565.

This means that the case you would find at page 565 of volume 44 of the  Supreme Court Reporter  (published by West) will be the same case you find on page 1016 of volume 68 of  Lawyers' Edition  (published by Lexis), and both will be the same as the opinion you find in the official government version,  United States Reports . Although the text of the opinion will be identical, the added editorial material will differ with each publisher.

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How to write a case brief for law school: Excerpt reproduced from Introduction to the Study of Law: Cases and Materials ,

Third edition (lexisnexis 2009) by michael makdisi & john makdisi.

C. HOW TO BRIEF

The previous section described the parts of a case in order to make it easier to read and identify the pertinent information that you will use to create your briefs. This section will describe the parts of a brief in order to give you an idea about what a brief is, what is helpful to include in a brief, and what purpose it serves. Case briefs are a necessary study aid in law school that helps to encapsulate and analyze the mountainous mass of material that law students must digest. The case brief represents a final product after reading a case, rereading it, taking it apart, and putting it back together again. In addition to its function as a tool for self-instruction and referencing, the case brief also provides a valuable “cheat sheet” for class participation.

Who will read your brief? Most professors will espouse the value of briefing but will never ask to see that you have, in fact, briefed. As a practicing lawyer, your client doesn’t care if you brief, so long as you win the case. The judges certainly don’t care if you brief, so long as you competently practice the law. You are the person that the brief will serve! Keep this in mind when deciding what elements to include as part of your brief and when deciding what information to include under those elements.

What are the elements of a brief? Different people will tell you to include different things in your brief. Most likely, upon entering law school, this will happen with one or more of your instructors. While opinions may vary, four elements that are essential to any useful brief are the following:

(a) Facts (name of the case and its parties, what happened factually and procedurally, and the judgment)

(b) Issues (what is in dispute)

(c) Holding (the applied rule of law)

(d) Rationale (reasons for the holding)

If you include nothing but these four elements, you should have everything you need in order to recall effectively the information from the case during class or several months later when studying for exams.

Because briefs are made for yourself, you may want to include other elements that expand the four elements listed above. Depending on the case, the inclusion of additional elements may be useful. For example, a case that has a long and important section expounding dicta might call for a separate section in your brief labeled: Dicta. Whatever elements you decide to include, however, remember that the brief is a tool intended for personal use. To the extent that more elements will help with organization and use of the brief, include them. On the other hand, if you find that having more elements makes your brief cumbersome and hard to use, cut back on the number of elements. At a minimum, however, make sure you include the four elements listed above.

Elements that you may want to consider including in addition to the four basic elements are:

(e) Dicta (commentary about the decision that was not the basis for the decision)

(f) Dissent (if a valuable dissenting opinion exits, the dissent’s opinion)

(g) Party’s Arguments (each party’s opposing argument concerning the ultimate issue)

(h) Comments (personal commentary)

Personal comments can be useful if you have a thought that does not fit elsewhere. In the personal experience of one of the authors, this element was used to label cases as specific kinds (e.g., as a case of vicarious liability) or make mental notes about what he found peculiar or puzzling about cases. This element allowed him to release his thoughts (without losing them) so that he could move on to other cases.

In addition to these elements, it may help you to organize your thoughts, as some people do, by dividing Facts into separate elements:

(1) Facts of the case (what actually happened, the controversy)

(2) Procedural History (what events within the court system led to the present case)

(3) Judgment (what the court actually decided)

Procedural History is usually minimal and most of the time irrelevant to the ultimate importance of a case; however, this is not always true. One subject in which Procedure History is virtually always relevant is Civil Procedure.

When describing the Judgment of the case, distinguish it from the Holding. The Judgment is the factual determination by the court, in favor of one party, such as “affirmed,” “reversed,” or “remanded.” In contrast, the Holding is the applied rule of law that serves as the basis for the ultimate judgment.

Remember that the purpose of a brief is to remind you of the important details that make the case significant in terms of the law. It will be a reference tool when you are drilled by a professor and will be a study aid when you prepare for exams. A brief is also like a puzzle piece.

The elements of the brief create the unique shape and colors of the piece, and, when combined with other pieces, the picture of the common law takes form. A well-constructed brief will save you lots of time by removing the need to return to the case to remember the important details and also by making it easier to put together the pieces of the common law puzzle.

D. EXTRACTING THE RELEVANT INFORMATION: ANNOTATING AND HIGHLIGHTING

So now that you know the basic elements of a brief, what information is important to include under each element? The simple answer is: whatever is relevant. But what parts of a case are relevant? When you read your first few cases, you may think that everything that the judge said was relevant to his ultimate conclusion. Even if this were true, what is relevant for the judge to make his decision is not always relevant for you to include in your brief. Remember, the reason to make a brief is not to persuade the world that the ultimate decision in the case is a sound one, but rather to aid in refreshing your memory concerning the most important parts of the case.

What facts are relevant to include in a brief? You should include the facts that are necessary to remind you of the story. If you forget the story, you will not remember how the law in the case was applied. You should also include the facts that are dispositive to the decision in the case. For instance, if the fact that a car is white is a determining factor in the case, the brief should note that the case involves a white car and not simply a car. To the extent that the procedural history either helps you to remember the case or plays an important role in the ultimate outcome, you should include these facts as well.

What issues and conclusions are relevant to include in a brief? There is usually one main issue on which the court rests its decision. This may seem simple, but the court may talk about multiple issues, and may discuss multiple arguments from both sides of the case. Be sure to distinguish the issues from the arguments made by the parties. The relevant issue or issues, and corresponding conclusions, are the ones for which the court made a final decision and which are binding. The court may discuss intermediate conclusions or issues, but stay focused on the main issue and conclusion which binds future courts.

What rationale is important to include in a brief? This is probably the most difficult aspect of the case to determine. Remember that everything that is discussed may have been relevant to the judge, but it is not necessarily relevant to the rationale of the decision. The goal is to remind yourself of the basic reasoning that the court used to come to its decision and the key factors that made the decision favor one side or the other.

A brief should be brief! Overly long or cumbersome briefs are not very helpful because you will not be able to skim them easily when you review your notes or when the professor drills you. On the other hand, a brief that is too short will be equally unhelpful because it lacks sufficient information to refresh your memory. Try to keep your briefs to one page in length. This will make it easy for you to organize and reference them.

Do not get discouraged. Learning to brief and figuring out exactly what to include will take time and practice. The more you brief, the easier it will become to extract the relevant information.

While a brief is an extremely helpful and important study aid, annotating and highlighting are other tools for breaking down the mass of material in your casebook. The remainder of this section will discuss these different techniques and show how they complement and enhance the briefing process.

Annotating Cases

Many of you probably already read with a pencil or pen, but if you do not, now is the time to get in the habit. Cases are so dense and full of information that you will find yourself spending considerable amounts of time rereading cases to find what you need. An effective way to reduce this time is to annotate the margins of the casebook. Your pencil (or pen) will be one of your best friends while reading a case. It will allow you to mark off the different sections (such as facts, procedural history, or conclusions), thus allowing you to clear your mind of thoughts and providing an invaluable resource when briefing and reviewing.

You might be wondering why annotating is important if you make an adequate, well-constructed brief. By their very nature briefs cannot cover everything in a case. Even with a thorough, well-constructed brief you may want to reference the original case in order to reread dicta that might not have seemed important at the time, to review the complete procedural history or set of facts, or to scour the rationale for a better understanding of the case; annotating makes these tasks easier. Whether you return to a case after a few hours or a few months, annotations will swiftly guide you to the pertinent parts of the case by providing a roadmap of the important sections. Your textual markings and margin notes will refresh your memory and restore specific thoughts you might have had about either the case in general or an individual passage.

Annotations will also remind you of forgotten thoughts and random ideas by providing a medium for personal comments.

In addition to making it easier to review an original case, annotating cases during the first review of a case makes the briefing process easier. With adequate annotations, the important details needed for your brief will be much easier to retrieve. Without annotations, you will likely have difficulty locating the information you seek even in the short cases. It might seem strange that it would be hard to reference a short case, but even a short case will likely take you at least fifteen to twenty-five minutes to read, while longer cases may take as much as thirty minutes to an hour to complete. No matter how long it takes, the dense material of all cases makes it difficult to remember all your thoughts, and trying to locate specific sections of the analysis may feel like you are trying to locate a needle in a haystack. An annotation in the margin, however, will not only swiftly guide you to a pertinent section, but will also refresh the thoughts that you had while reading that section.

When you read a case for the first time, read for the story and for a basic understanding of the dispute, the issues, the rationale, and the decision. As you hit these elements (or what you think are these elements) make a mark in the margins. Your markings can be as simple as “facts” (with a bracket that indicates the relevant part of the paragraph). When you spot an issue, you may simply mark “issue” or instead provide a synopsis in your own words. When a case sparks an idea — write that idea in the margin as well — you never know when a seemingly irrelevant idea might turn into something more.

Finally, when you spot a particularly important part of the text, underline it (or highlight it as described below).

With a basic understanding of the case, and with annotations in the margin, the second read-through of the case should be much easier. You can direct your reading to the most important sections and will have an easier time identifying what is and is not important. Continue rereading the case until you have identified all the relevant information that you need to make your brief, including the issue(s), the facts, the holding, and the relevant parts of the analysis.

Pencil or pen — which is better to use when annotating? Our recommendation is a mechanical pencil. Mechanical pencils make finer markings than regular pencils, and also than ballpoint pens. Although you might think a pencil might smear more than a pen, with its sharp point a mechanical pencil uses very little excess lead and will not smear as much as you might imagine. A mechanical pencil will also give you the freedom to make mistakes without consequences. When you first start annotating, you may think that some passages are more important than they really are, and therefore you may resist the urge to make a mark in order to preserve your book and prevent false guideposts. With a pencil, however, the ability to erase and rewrite removes this problem.

Highlighting

Why highlight? Like annotating, highlighting may seem unimportant if you create thorough, well-constructed briefs, but highlighting directly helps you to brief. It makes cases, especially the more complicated ones, easy to digest, review and use to extract information.

Highlighting takes advantage of colors to provide a uniquely effective method for reviewing and referencing a case. If you prefer a visual approach to learning, you may find highlighting to be a very effective tool.

If annotating and highlighting are so effective, why brief? Because the process of summarizing a case and putting it into your own words within a brief provides an understanding of the law and of the case that you cannot gain through the process of highlighting or annotating.

The process of putting the case into your own words forces you to digest the material, while annotating and highlighting can be accomplished in a much more passive manner.

What should you highlight? Similar to annotating, the best parts of the case to highlight are those that represent the needed information for your brief such as the facts, the issue, the holding and the rationale.

Unlike annotating, highlighting provides an effective way to color code, which makes referring to the case even easier. In addition, Highlighters are particularly useful in marking off entire sections by using brackets. These brackets will allow you to color-code the case without highlighting all the text, leaving the most important phrases untouched for a more detailed highlight marking or underlining.

Highlighting is a personal tool, and therefore should be used to the extent that highlighting helps, but should be modified in a way that makes it personally time efficient and beneficial. For instance, you might combine the use of annotations in the margins with the visual benefit of highlighting the relevant text. You may prefer to underline the relevant text with a pencil, but to use a highlighter to bracket off the different sections of a case. Whatever you choose to do, make sure that it works for you, regardless of what others recommend. The techniques in the remainder of this section will describe ways to make full use of your highlighters.

First, buy yourself a set of multi-colored highlighters, with at least four, or perhaps five or six different colors. Yellow, pink, and orange are usually the brightest. Depending on the brand, purple and green can be dark, but still work well. Although blue is a beautiful color, it tends to darken and hide the text.

Therefore we recommend that you save blue for the elements that you rarely highlight.

For each different section of the case, choose a color, and use that color only when highlighting the section of the case designated for that color. Consider using yellow for the text that you tend to highlight most frequently. Because yellow is the brightest, you may be inclined to use yellow for the Conclusions in order to make them stand out the most. If you do this, however, you will exhaust your other colors much faster than yellow and this will require that you purchase an entire set of new highlighters when a single color runs out because colors such as green are not sold separately. If instead you choose to use yellow on a more frequently highlighted section such as the Analysis, when it comes time to replace your yellow marker, you will need only to replace your yellow highlighter individually. In the personal experience on one of the authors, the sections of cases that seemed to demand the most highlighter attention were the

Facts and the Analysis, while the Issues and Holdings demanded the least. Other Considerations and

Procedural History required lots of highlighting in particular cases although not in every case.

Experiment if you must, but try to choose a color scheme early on in the semester and stick with it. That way, when you come back to the first cases of the semester, you will not be confused with multiple color schemes. The basic sections of a case for which you should consider giving a different color are:

• Procedural History

• Issue (and questions presented)

• Holding (and conclusions)

• Analysis (rationale)

• Other Considerations (such as dicta)

Not all of these sections demand a separate color. You may find that combining Facts and Procedural History or Issues and Holdings works best. Furthermore, as mentioned above, some sections may not warrant highlighting in every case (e.g., dicta probably do not need to be highlighted unless they are particularly important). If you decide that a single color is all that you need, then stick to one, but if you find yourself highlighting lots of text from many different sections, reconsider the use of at least a few different colors. Highlighters make text stand out, but only when used appropriately. The use of many colors enables you to highlight more text without reducing the highlighter’s effectiveness. Three to four colors provides decent color variation without the cumbersomeness of handling too many markers.

Once you are comfortable with your color scheme, determining exactly what to highlight still may be difficult. Similar to knowing what to annotate, experience will perfect your highlighting skills. Be careful not to highlight everything, thus ruining your highlighters’ effectiveness; at the same time, do not be afraid to make mistakes.

Now that we have covered the basics of reading, annotating, highlighting, and briefing a case, you are ready to start practicing. Keep the tips and techniques mentioned in this chapter in mind when you tackle the four topics in the remainder of this book. If you have difficultly, refer back to this chapter to help guide you as you master the case method of study and the art of using the common law.

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Legal Dictionary

The Law Dictionary for Everyone

The term case law refers to law that comes from decisions made by judges in previous cases. Case law, also known as “ common law ,” and “case precedent ,” provides a common contextual background for certain legal concepts, and how they are applied in certain types of case. How much sway case law holds may vary by jurisdiction , and by the exact circumstances of the current case.  To explore this concept, consider the following case law definition.

Definition of Case Law

• The law as established in previous court rulings; like common law, which springs from judicial decisions and tradition.

1860-1865       English common law

What is Case Law

Statutory laws are those created by legislative bodies, such as Congress at both the federal and state levels. While this type of law strives to shape our society, providing rules and guidelines, it would be impossible for any legislative body to anticipate all situations and legal issues. The court system is then tasked with interpreting the law when it is unclear how it applies to any given situation, often rendering judgments based on the intent of lawmakers and the circumstances of the case at hand. Such decisions become a guide for future similar cases.

In order to preserve a uniform enforcement of the laws, the legal system adheres to the doctrine of stare decisis , which is Latin for “stand by decided matters.”  This means that a court will be bound to rule in accordance with a previously made ruling on the same type of case. Precedent, or case law, is binding on courts of the same level or lower, and applies only if there is no legislative statute created, or higher court ruling, that overrules it.

Example of Case Law Application

Stacy, a tenant in a duplex owned by Martin, filed a civil lawsuit against her landlord, claiming he had not given her enough notice before raising her rent, citing a new state law that requires a minimum of 90 days’ notice. Martin argues that the new law applies only to landlords of large multi-tenant properties. When the state court hearing the case reviews the law, he finds that, while it mentions large multi-tenant properties in some context, it is actually quite vague about whether the 90-day provision applies to all landlords. The judge , based on the specific circumstances of Stacy’s case, decides that all landlords are held to the 90-day notice requirement, and rules in Stacy’s favor.

A year later, Frank and Adel have a similar problem. When they sue their landlord, the court must use the previous court’s decision in applying the law. This example of case law refers to two cases heard in the state court, at the same level. The ruling of the first court created case law that must be followed by other courts until or unless either new law is created, or a higher court rules differently.

Case Law by Jurisdiction

Case law is specific to the jurisdiction in which it was rendered. For instance, a ruling in a California appellate court would not usually be used in deciding a case in Oklahoma. While there is no prohibition against referring to case law from a state other than the state in which the case is being heard, it holds little sway. Still, if there is no precedent in the home state, relevant case law from another state may be considered by the court.

Rulings made by federal appellate courts, and the U.S. Supreme Court, however, are binding on state courts. Such rulings become “binding precedent,” which must be adhered to by lower courts in future similar cases. Rulings by courts of “lateral jurisdiction” are not binding, but may be used as persuasive authority, which is to give substance to the party’s argument, or to guide the present court.

Case Law Search

Just a few years ago, searching for case precedent was a difficult and time consuming task, requiring people to search through print copies of case law, or to pay for access to commercial online databases. Today, the internet has opened up a host of case law search possibilities, and many sources offer free access to case law. Doing a case law search may be as easy as entering specific keywords or citation into a search engine. There are, however, certain websites that facilitate case law searches, including:

• Google Scholar – a vast database of state and federal case law, which is searchable by keyword, phrase, or citations. Google Scholar also allows searchers to specify which level of court cases to search, from federal, to specific states.
• Justia – a comprehensive resource for federal and state statutory laws , as well as case law at both the federal and state levels.
• Public Library of Law – offers access to cases from the U.S. Supreme court since 1754, the U.S. Circuit Courts of Appeal since 1951, and from each state since 1997. In addition to allowing users to search by keyword, court, and case, the website provides tutorials on “ Finding a Case ,” and “ Searching Statutes .”

In addition, the Law Library of Congress offers a great deal of information on statutes, case law, and other legal issues. This includes a Guide to Law Online .

Dissecting Case Law Citations

Finding a relevant case law ruling, and inserting a reference to that case into a current legal pleading , is not enough to direct the court to the specific issue. In many instances, court rulings in the U.S. deal with multiple issues, and include drawn-out descriptions of how the court, especially an appellate or supreme court, came to its conclusion. Because of this, simply citing the case is more likely to annoy a judge than help the party’s case. Think of it as calling someone to tell them you’ve found their lost phone, then telling them you live in such-and-such neighborhood, without actually giving them an address. Driving around the neighborhood trying to find their phone is likely to be more frustrating than it’s worth.

For legal professionals, there are specific rules regarding case citation, which vary depending on the court and jurisdiction hearing the case. Proper case law citation in a state court may not be appropriate, or even accepted, at the U.S. Supreme Court. Generally speaking, proper case citation includes the names of the parties to the original case, the court in which the case was heard, the date it was decided, and the book in which it is recorded. Different citation requirements may include italicized or underlined text, and certain specific abbreviations.

In the United States, people are not required to hire an attorney to represent them in either civil or criminal matters. Laypeople navigating the legal system on their own can remember one rule of thumb when it comes to referring to case law or precedent in court documents: be as specific as possible, leading the court, not only to the case, but to the section and paragraph containing the pertinent information. The Cornell Law School website offers a variety of information on legal topics, including citation of case law, and even provides a video tutorial on case citation .

Case Law Example in Civil Lawsuit Against Child Services

In 1996, the Nevada Division of Child and Family Services (“DCFS”) removed a 12-year old boy from his home to protect him from the horrible physical and sexual abuse he had suffered in his home, and to prevent him from abusing other children in the home. The boy was placed in an emergency foster home, and was later shifted around within the foster care system. The DCFS social worker in charge of the boy’s case had the boy made a ward of DCFS, and in her 6-month report to the court, the worker elaborated on the boy’s sexual abuse history, and stated that she planned to move him from a facility into a “more homelike setting.” The court approved her plan.

In 1997, the boy was placed into the home of John and Jane Roe as a foster child. Although the couple had two young children of their own at home, the social worker did not tell them about the boy’s history of both being abused, and abusing other children. When she made her report to the court the following day, the worker reported the boy’s placement in the Roe’s home, but didn’t mention that the couple had young children. She did note that the boy still needed extensive therapy in order to cope with his abusive past, and “to reach the point of being safe with other children.” The boy was receiving counseling with a DCFS therapist. Again, the court approved of the actions.

The Roes accompanied the boy to his therapy sessions. When they were told of the boy’s past, they asked if their children were safe with him in their home. The therapist assured them that they had nothing to worry about. Unfortunately, that was not true. Just two months after being placed with the Roe family, the Roe’s son told his parents that the boy had molested him. The boy was arrested two days later, and admitted to having sexually molested the couple’s son several times.

On June 16, 1999, a lawsuit was filed on behalf of the boy by a guardian ad litem , against DCFS, the social worker, and the therapist. A similar lawsuit was also filed on behalf of the Roe’s victimized son by a different guardian ad litem. The defendants petitioned the trial court for a dismissal based on absolute immunity , as they were all acting in their jobs with DCFS. If granted absolute immunity, the parties would not only be protected from liability in the matter, but could not be answerable in any way for their actions. When the court delayed making such a ruling, the defendants took their request to the appellate court.

In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials acting within the scope of their employment, the appellate court referred to case law previously rendered on similar cases. The appellate court determined that the trial court had not erred in its decision to allow more time for information to be gathered by the parties – specifically regarding the issue of absolute immunity.

Related Legal Terms and Issues

• Binding Precedent – A rule or principle established by a court, which other courts are obligated to follow.
• Lateral Jurisdiction – A court at the same level.
• Persuasive Authority – Prior court rulings that may be consulted in deciding a current case. It may be used to guide the court, but is not binding precedent.

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Home » Case Study – Methods, Examples and Guide

Case Study – Methods, Examples and Guide

Table of Contents

A case study is a research method that involves an in-depth examination and analysis of a particular phenomenon or case, such as an individual, organization, community, event, or situation.

It is a qualitative research approach that aims to provide a detailed and comprehensive understanding of the case being studied. Case studies typically involve multiple sources of data, including interviews, observations, documents, and artifacts, which are analyzed using various techniques, such as content analysis, thematic analysis, and grounded theory. The findings of a case study are often used to develop theories, inform policy or practice, or generate new research questions.

Types of Case Study

Types and Methods of Case Study are as follows:

Single-Case Study

A single-case study is an in-depth analysis of a single case. This type of case study is useful when the researcher wants to understand a specific phenomenon in detail.

For Example , A researcher might conduct a single-case study on a particular individual to understand their experiences with a particular health condition or a specific organization to explore their management practices. The researcher collects data from multiple sources, such as interviews, observations, and documents, and uses various techniques to analyze the data, such as content analysis or thematic analysis. The findings of a single-case study are often used to generate new research questions, develop theories, or inform policy or practice.

Multiple-Case Study

A multiple-case study involves the analysis of several cases that are similar in nature. This type of case study is useful when the researcher wants to identify similarities and differences between the cases.

For Example, a researcher might conduct a multiple-case study on several companies to explore the factors that contribute to their success or failure. The researcher collects data from each case, compares and contrasts the findings, and uses various techniques to analyze the data, such as comparative analysis or pattern-matching. The findings of a multiple-case study can be used to develop theories, inform policy or practice, or generate new research questions.

Exploratory Case Study

An exploratory case study is used to explore a new or understudied phenomenon. This type of case study is useful when the researcher wants to generate hypotheses or theories about the phenomenon.

For Example, a researcher might conduct an exploratory case study on a new technology to understand its potential impact on society. The researcher collects data from multiple sources, such as interviews, observations, and documents, and uses various techniques to analyze the data, such as grounded theory or content analysis. The findings of an exploratory case study can be used to generate new research questions, develop theories, or inform policy or practice.

Descriptive Case Study

A descriptive case study is used to describe a particular phenomenon in detail. This type of case study is useful when the researcher wants to provide a comprehensive account of the phenomenon.

For Example, a researcher might conduct a descriptive case study on a particular community to understand its social and economic characteristics. The researcher collects data from multiple sources, such as interviews, observations, and documents, and uses various techniques to analyze the data, such as content analysis or thematic analysis. The findings of a descriptive case study can be used to inform policy or practice or generate new research questions.

Instrumental Case Study

An instrumental case study is used to understand a particular phenomenon that is instrumental in achieving a particular goal. This type of case study is useful when the researcher wants to understand the role of the phenomenon in achieving the goal.

For Example, a researcher might conduct an instrumental case study on a particular policy to understand its impact on achieving a particular goal, such as reducing poverty. The researcher collects data from multiple sources, such as interviews, observations, and documents, and uses various techniques to analyze the data, such as content analysis or thematic analysis. The findings of an instrumental case study can be used to inform policy or practice or generate new research questions.

Case Study Data Collection Methods

Here are some common data collection methods for case studies:

Interviews involve asking questions to individuals who have knowledge or experience relevant to the case study. Interviews can be structured (where the same questions are asked to all participants) or unstructured (where the interviewer follows up on the responses with further questions). Interviews can be conducted in person, over the phone, or through video conferencing.

Observations

Observations involve watching and recording the behavior and activities of individuals or groups relevant to the case study. Observations can be participant (where the researcher actively participates in the activities) or non-participant (where the researcher observes from a distance). Observations can be recorded using notes, audio or video recordings, or photographs.

Documents can be used as a source of information for case studies. Documents can include reports, memos, emails, letters, and other written materials related to the case study. Documents can be collected from the case study participants or from public sources.

Surveys involve asking a set of questions to a sample of individuals relevant to the case study. Surveys can be administered in person, over the phone, through mail or email, or online. Surveys can be used to gather information on attitudes, opinions, or behaviors related to the case study.

Artifacts are physical objects relevant to the case study. Artifacts can include tools, equipment, products, or other objects that provide insights into the case study phenomenon.

How to conduct Case Study Research

Conducting a case study research involves several steps that need to be followed to ensure the quality and rigor of the study. Here are the steps to conduct case study research:

• Define the research questions: The first step in conducting a case study research is to define the research questions. The research questions should be specific, measurable, and relevant to the case study phenomenon under investigation.
• Select the case: The next step is to select the case or cases to be studied. The case should be relevant to the research questions and should provide rich and diverse data that can be used to answer the research questions.
• Collect data: Data can be collected using various methods, such as interviews, observations, documents, surveys, and artifacts. The data collection method should be selected based on the research questions and the nature of the case study phenomenon.
• Analyze the data: The data collected from the case study should be analyzed using various techniques, such as content analysis, thematic analysis, or grounded theory. The analysis should be guided by the research questions and should aim to provide insights and conclusions relevant to the research questions.
• Draw conclusions: The conclusions drawn from the case study should be based on the data analysis and should be relevant to the research questions. The conclusions should be supported by evidence and should be clearly stated.
• Validate the findings: The findings of the case study should be validated by reviewing the data and the analysis with participants or other experts in the field. This helps to ensure the validity and reliability of the findings.
• Write the report: The final step is to write the report of the case study research. The report should provide a clear description of the case study phenomenon, the research questions, the data collection methods, the data analysis, the findings, and the conclusions. The report should be written in a clear and concise manner and should follow the guidelines for academic writing.

Examples of Case Study

Here are some examples of case study research:

• The Hawthorne Studies : Conducted between 1924 and 1932, the Hawthorne Studies were a series of case studies conducted by Elton Mayo and his colleagues to examine the impact of work environment on employee productivity. The studies were conducted at the Hawthorne Works plant of the Western Electric Company in Chicago and included interviews, observations, and experiments.
• The Stanford Prison Experiment: Conducted in 1971, the Stanford Prison Experiment was a case study conducted by Philip Zimbardo to examine the psychological effects of power and authority. The study involved simulating a prison environment and assigning participants to the role of guards or prisoners. The study was controversial due to the ethical issues it raised.
• The Challenger Disaster: The Challenger Disaster was a case study conducted to examine the causes of the Space Shuttle Challenger explosion in 1986. The study included interviews, observations, and analysis of data to identify the technical, organizational, and cultural factors that contributed to the disaster.
• The Enron Scandal: The Enron Scandal was a case study conducted to examine the causes of the Enron Corporation’s bankruptcy in 2001. The study included interviews, analysis of financial data, and review of documents to identify the accounting practices, corporate culture, and ethical issues that led to the company’s downfall.
• The Fukushima Nuclear Disaster : The Fukushima Nuclear Disaster was a case study conducted to examine the causes of the nuclear accident that occurred at the Fukushima Daiichi Nuclear Power Plant in Japan in 2011. The study included interviews, analysis of data, and review of documents to identify the technical, organizational, and cultural factors that contributed to the disaster.

Application of Case Study

Case studies have a wide range of applications across various fields and industries. Here are some examples:

Business and Management

Case studies are widely used in business and management to examine real-life situations and develop problem-solving skills. Case studies can help students and professionals to develop a deep understanding of business concepts, theories, and best practices.

Case studies are used in healthcare to examine patient care, treatment options, and outcomes. Case studies can help healthcare professionals to develop critical thinking skills, diagnose complex medical conditions, and develop effective treatment plans.

Case studies are used in education to examine teaching and learning practices. Case studies can help educators to develop effective teaching strategies, evaluate student progress, and identify areas for improvement.

Social Sciences

Case studies are widely used in social sciences to examine human behavior, social phenomena, and cultural practices. Case studies can help researchers to develop theories, test hypotheses, and gain insights into complex social issues.

Law and Ethics

Case studies are used in law and ethics to examine legal and ethical dilemmas. Case studies can help lawyers, policymakers, and ethical professionals to develop critical thinking skills, analyze complex cases, and make informed decisions.

Purpose of Case Study

The purpose of a case study is to provide a detailed analysis of a specific phenomenon, issue, or problem in its real-life context. A case study is a qualitative research method that involves the in-depth exploration and analysis of a particular case, which can be an individual, group, organization, event, or community.

The primary purpose of a case study is to generate a comprehensive and nuanced understanding of the case, including its history, context, and dynamics. Case studies can help researchers to identify and examine the underlying factors, processes, and mechanisms that contribute to the case and its outcomes. This can help to develop a more accurate and detailed understanding of the case, which can inform future research, practice, or policy.

Case studies can also serve other purposes, including:

• Illustrating a theory or concept: Case studies can be used to illustrate and explain theoretical concepts and frameworks, providing concrete examples of how they can be applied in real-life situations.
• Developing hypotheses: Case studies can help to generate hypotheses about the causal relationships between different factors and outcomes, which can be tested through further research.
• Providing insight into complex issues: Case studies can provide insights into complex and multifaceted issues, which may be difficult to understand through other research methods.
• Informing practice or policy: Case studies can be used to inform practice or policy by identifying best practices, lessons learned, or areas for improvement.

Advantages of Case Study Research

There are several advantages of case study research, including:

• In-depth exploration: Case study research allows for a detailed exploration and analysis of a specific phenomenon, issue, or problem in its real-life context. This can provide a comprehensive understanding of the case and its dynamics, which may not be possible through other research methods.
• Rich data: Case study research can generate rich and detailed data, including qualitative data such as interviews, observations, and documents. This can provide a nuanced understanding of the case and its complexity.
• Holistic perspective: Case study research allows for a holistic perspective of the case, taking into account the various factors, processes, and mechanisms that contribute to the case and its outcomes. This can help to develop a more accurate and comprehensive understanding of the case.
• Theory development: Case study research can help to develop and refine theories and concepts by providing empirical evidence and concrete examples of how they can be applied in real-life situations.
• Practical application: Case study research can inform practice or policy by identifying best practices, lessons learned, or areas for improvement.
• Contextualization: Case study research takes into account the specific context in which the case is situated, which can help to understand how the case is influenced by the social, cultural, and historical factors of its environment.

Limitations of Case Study Research

There are several limitations of case study research, including:

• Limited generalizability : Case studies are typically focused on a single case or a small number of cases, which limits the generalizability of the findings. The unique characteristics of the case may not be applicable to other contexts or populations, which may limit the external validity of the research.
• Biased sampling: Case studies may rely on purposive or convenience sampling, which can introduce bias into the sample selection process. This may limit the representativeness of the sample and the generalizability of the findings.
• Subjectivity: Case studies rely on the interpretation of the researcher, which can introduce subjectivity into the analysis. The researcher’s own biases, assumptions, and perspectives may influence the findings, which may limit the objectivity of the research.
• Limited control: Case studies are typically conducted in naturalistic settings, which limits the control that the researcher has over the environment and the variables being studied. This may limit the ability to establish causal relationships between variables.
• Time-consuming: Case studies can be time-consuming to conduct, as they typically involve a detailed exploration and analysis of a specific case. This may limit the feasibility of conducting multiple case studies or conducting case studies in a timely manner.
• Resource-intensive: Case studies may require significant resources, including time, funding, and expertise. This may limit the ability of researchers to conduct case studies in resource-constrained settings.

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Muhammad Hassan

Researcher, Academic Writer, Web developer

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These five sets of case studies highlight how law firms in Asia-Pacific are innovating as businesses.

They feature examples of law firms changing how they manage their own people, and how they are reinventing services and delivery models.

All the case studies were researched, compiled and ranked by RSGI. “Winner” indicates that the organisation won an FT Innovative Lawyers Asia-Pacific award for 2024

Read the other FT Innovative Lawyers Asia-Pacific ‘Best practice case studies’, which showcase the standout innovations made for and by people working in the legal sector:

Practice of law In-house

People and skills

WINNER: Gilbert + Tobin Originality: 8; Leadership: 9; Impact: 8; Total: 25 Last year, the firm ran an “AI Bounty” competition, offering staff a total of A$20,000 in prizes for their best ideas on deploying artificial intelligence at work. The contest attracted 106 submissions, with the money split among five main award winners and 50 smaller prizes. The firm will develop the best ideas identified, including tools to review a privacy policy and enhance due diligence.

Inkling Legal Design O: 9; L: 8; I: 7; Total: 24 The firm developed an online course that encourages writing in plain, straightforward English and provides a benchmark against which other lawyers can compare how well they write about ambiguous areas of law. The application, which launched last year, is designed to improve efficiency and accuracy when writing and has been used by eight clients so far.

Highly commended

Lander & Rogers O: 8; L: 8; I: 7; Total: 23 In its continuing partnership with Melbourne’s Monash University, the Australian firm invited five law students — dubbed “AI investigative agents” — to interview practice group heads and work with the firm’s innovation team to examine scenarios in which the technology might be applied. The training initiative identified more than 40 examples for possible use and the students’ insights on the topic have been published by the firm.

MinterEllison O: 7; L: 8; I: 7; Total: 22 The firm created its own internal cryptocurrency to reward staff for taking part in its online training sessions. The so-called Mintcoins can be exchanged internally for charity donations or gift cards and have helped encourage the completion of more than 1,900 training modules by 850 people.

Rajah & Tann Singapore O: 7; L: 7; I: 8; Total: 22 The firm identified several common skills and qualities required by its lawyers working across the various business sectors, jurisdictions and languages in the region. These include project management and communication skills aside from specific legal knowledge. Lawyers can receive 50-plus hours of training and at least half of the programme comprises practical activities.

Ashurst O: 6; L: 7; I: 8; Total: 21 Lawyers at the firm can now use an online tool to highlight their availability and expertise, to help with allocation of work. In the first eight months of use, it received more than 720 notifications of availability from lawyers across the firm’s Asia-Pacific offices.

Khaitan & Co O: 7; L: 7; I: 7; Total: 21 The firm worked with a consultancy to set up a process that assesses lawyers in areas such as productivity and business development skills, to decide if they are ready for partnership promotion.

Nagashima Ohno & Tsunematsu O: 8; L: 6; I: 6; Total: 20 The firm created a programme where associates work with partners to develop new client relationships in emerging practice areas. These areas include the latest tech developments, sports, and agriculture and fishing industries.

King & Wood Mallesons O: 6; L: 6; I: 7; Total: 19 The firm added new modules in AI, process improvement and change management to its “legal transformation belts” programme, which grades and certifies digital skills and is also available to clients.

Knowledge and data

WINNER: MinterEllison Originality: 7; Leadership: 9; Impact: 8; Total: 24 In December 2023, the firm’s environment and planning team led a pilot of a generative AI tool that can draft legal documents that are roughly 80 per cent assembled in under a minute. Replicating a junior lawyer’s work, the model draws information from a repository of the firm’s historic advice, and other sources, to provide a draft that senior lawyers can check and amend. The pilot involved 50 lawyers and the firm now plans to roll out the tool across the practices. Commended individual: Simon Ball

King & Wood Mallesons O: 7; L: 8; I: 8; Total: 23 The firm’s commercial real estate practice developed a system based on records of past property transactions to identify market trends across Asia. Using data visualisation software, the tool helps identify patterns across the firm’s global property work, such as popular drafting clauses and market standards. According to the firm, the tool has reduced typical time taken for some research tasks from up to four hours to just minutes.

JunHe O: 6; L: 8; I: 8; Total: 22 To encourage use of its knowledge-management system, the Chinese firm added training materials along with a feature that automatically logs when training sessions are taken. The firm also rewards its 700-plus lawyers for adding good quality data to the platform by tying this to their bonuses. This has led to an increase in activity on the platform, with 25,000 clicks recorded per month in 2023.

Khaitan & Co O: 8; L: 7; I: 7; Total: 22 The firm sifted 17mn items to identify 841,000 relevant documents for future case work and integrate them into a searchable system. AI tools, under development, will be able to create summaries of the documents and perform predictive analysis on contracts.

Anand and Anand O: 7; L: 7; I: 7; Total: 21 The Indian firm created a “matter knowledge” bank where users can search for a case and generate a summary of relevant details. It spent three years digitising decades’ worth of physical documents and started using the repository in June 2023. The firm hopes to improve processes such as document drafting and trial preparation and encourage internal collaboration.

Clifford Chance O: 6; L: 7; I: 7; Total: 20 The firm developed a tool to help with billing when a client’s requirements change during a transaction, and launched it in the Asia-Pacific region. The spreadsheet-based system gives an improved overview of work done on particular case work with live projections, allowing significantly faster billing decisions.

Sprintlaw O: 7; L: 8; I: 5; Total: 20 In 2023, the Australian firm launched a knowledge-sharing platform for staff servicing smaller businesses. The internal resource has halved the time taken for its lawyers to create some documents, such as standard shareholder agreements.

Hogan Lovells O: 6; L: 7; I: 6; Total: 19 The lawyers conducted a document review for an anti-bribery investigation using AI software that required training in Vietnamese. The subsequent search has identified 150,000 documents for scrutiny by lawyers.

Digital tools

WINNER: Clifford Chance Originality: 8; Leadership: 9; Impact: 8; Total: 25 The firm partnered with tech company Microsoft to create a generative artificial intelligence bot, launched in late October, that tracks and summarises press releases published by Hong Kong regulators.

Lawyers in the region took the lead on ensuring the tool had appropriate understanding of legal jargon and included a summarisation and context extraction function that will save the firm an estimated 480 hours of associate and trainee time per year. Output can be turned into interactive graphs and trends, which the lawyers use to advise clients.

Yulchon O: 8; L: 8; I: 7; Total: 23 The South Korean firm created a service to help clients better comply with the country’s Serious Accidents Punishment Act (SAPA), introduced in 2022, which puts greater responsibility on businesses to ensure safety in their operations and facilities.

The service involves a free self-diagnosis tool that shows clients where they are most at risk of violating SAPA. The firm also uses automation to track news reports of SAPA-related incidents and has created a training programme with videos offering insights into the law. The programme uses an AI-powered search engine to help clients find specific information.

Clayton Utz O: 7; L: 8; I: 7; Total: 22 The Sydney-based firm launched an AI-generated compliance portal, Obligations Navigator, in December 2023. In a client assessment, the portal analysed 100 examples of case law and produced a hyperlinked list of 42,000 obligations, described in plain English and checked by human lawyers. Summarising compliance requirements can be labour-intensive, so the portal saves time and resources and gives the client a clear and comprehensive compliance process — helping them understand which obligations they must comply with, and how.

Lander & Rogers O: 7; L: 7; I: 7; Total: 21 The Australian firm developed an AI tool to extract relevant information from files submitted alongside compensation claims. The innovation and compensation law teams partnered with the firm’s legal tech incubator, Halisok, to digitise the manually-intensive sorting process in mass litigation and class action suits.

Nagashima Ohno & Tsunematsu O: 5; L: 8; I: 8; Total: 21 Led by managing partner Soichiro Fujiwara, the firm’s technology start-up MNTSQ designed an AI-powered search engine that allows lawyers to search an internal contract database for relevant Japanese clauses and provisions, after the firm found public search engines such as Google were insufficient.

Rajah & Tann Singapore O: 7; L: 7; I: 6; Total: 20 In June 2023, Singapore’s Urban Redevelopment Authority implemented new requirements for anti-money laundering checks in residential property purchases. The Singaporean law firm launched an AI tool that automates these due diligence checks of potential buyers, which is now used by 30 property developers in the country.

MinterEllison O: 5; L: 7; I: 7; Total: 19 The firm developed a contract review tool to help mining group Anglo American manage its supply chain and contracts. The firm approached the miner — a long-term client — after it struggled with the management of contracts. Lawyers used the company’s data to build the tool from scratch in 2023. Commended individual: Benjamin Fox

Digital strategy

WINNER: A&O Shearman Originality: 8; Leadership: 9; Impact: 8; Total: 25 In partnership with legal tech company Harvey, A&O Shearman (formerly Allen & Overy) was among the first law firms to make wide use of a generative AI tool in early 2023.

Capitalising on the publicity this created, it then launched an AI client working group in Asia Pacific where 81 participants from 19 companies paid the firm for advice on generative AI’s potential legal implications and practical lessons about adoption of the technology in a big organisation.

Highly Commended

Ashurst O: 7; L: 8; I: 8; Total: 23 The firm has run pilots and trials of generative AI that involved more than 400 staff in 23 offices including a competition to identify future applications and blind trials testing applications against humans. The strategy has been implemented worldwide, with a prominent role played by the team from Australia. The firm says nearly 90 per cent of staff felt its technology focus was preparing them for the coming years.

Mayer Brown O: 7; L: 8; I: 8; Total: 23 The Hong Kong office led the rollout in 2023 of AI tool Harvey for use in research, drafting, and data analysis. It is also used to cut the time spent summarising local case law, to improve due diligence, and Chinese-to-English translations.

PwC Asia Pacific O: 7; L: 8; I: 7; Total: 22 The firm’s Asia-Pacific business merged its legal and NewLaw legal services divisions to help clients implement related technology.

Internally, the firm is using AI tool Harvey and its own virtual assistant ChatPwC, as well as experimenting with other relevant tools. The firm recorded more than 18,000 queries being submitted to Harvey in the first six months of using it in the region and estimates that the application saved the firm 9,000 hours of time in that period.

Rajah & Tann Singapore O: 6; L: 8; I: 7; Total: 21 The firm is working with its technology arm Rajah & Tann Technologies to bring in external software that will encourage lawyers to embrace digitisation fully and prepare for the future adoption of AI systems. Examples include applications that are designed to cut the time spent on research and to locate the relevant contract clauses from a centralised database.

JunHe O: 6; L: 7; I: 7; Total: 20 The Chinese law firm’s tech team created a tool that automates the identification and redaction of sensitive material from documents. This tool helps lawyers protect sensitive data and better comply with data protection laws in China when using generative AI.

Trilegal O: 6; L: 7; I: 7; Total: 20 Trilegal’s digital innovation group is leading technological advances at the Indian law firm, creating a knowledge management system and AI-based dashboards to monitor work progress and preparing existing systems to incorporate generative AI.

New solutions

WINNER: Inkling Legal Design Originality: 8; Leadership: 9; Impact: 8; Total: 25 The firm advised the Australian Nuclear Science and Technology Organisation (ANSTO) on redesigning its commercial project agreements. The lawyers simplified the contracts used by the public research body for project partners, which predominantly include scientists with a non-legal background. Clauses were simplified and legal jargon removed, while retaining legal compliance and addressing complex scientific issues. Redesigning these contracts has led to greater collaboration between the legal department at ANSTO and other parties, internally and externally. Using digital tools and visuals made the contracts easier to navigate.

A&O Shearman O: 7; L: 8; I: 9; Total: 24 In response to China’s property market crash, the firm developed an interactive portal to help co-ordinating committees representing bank lenders to navigate complex, large-scale corporate restructurings. The portal provides clients with access to resources relating to relevant restructurings, a Q&A tool and document review capabilities. Rapid access to comprehensive information and support saves clients time and money.

Lawpath O: 6; L: 8; I: 8; Total: 22 The Australian firm is targeting smaller companies by providing low-cost access to software and document libraries that use AI to fill out contracts and agreements. A human lawyer can be involved to check documents or deal with more complex work if required.

Atsumi & Sakai O: 6; L: 8; I: 7; Total: 21 The Tokyo-based law firm’s Policy Research Institute advised the Japanese government on emerging technology topics, such as developing AI regulation and the construction of a semiconductor factory.

Pinsent Masons O: 7; L: 7; I: 7; Total: 21 The firm has broadened the legal services it offers at each stage of big renewable energy projects to offer clients a more integrated service — ranging from environmental, social and governance assessments to licensing and property transactions. Commended individual: Mark Hu

KPMG Law O: 5; L: 8; I: 7; Total: 20 The firm created a platform to assess how well equipped a company’s legal team is. The system, launched in 2022, uses a digital tool and questionnaires to gather data about the company and automates a report to help in-house teams assess their resourcing.

Keypoint Law O: 5; L: 7; I: 7; Total: 19 The Australian firm is celebrating a decade of operating without billable hour targets or budgets. The policy aims to offer a more flexible working arrangement to lawyers. Partners are typically paid 70 per cent of the services they charge to clients but, if they do not earn, there is no guaranteed pay. The firm has grown to 75 partners since it was launched in 2014.

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70 years after brown v. board of education, new research shows rise in school segregation.

As the nation prepares to mark the 70th anniversary of the landmark U.S. Supreme Court ruling in Brown v. Board of Education , a new report from researchers at Stanford and USC shows that racial and economic segregation among schools has grown steadily in large school districts over the past three decades — an increase that appears to be driven in part by policies favoring school choice over integration.

Analyzing data from U.S. public schools going back to 1967, the researchers found that segregation between white and Black students has increased by 64 percent since 1988 in the 100 largest districts, and segregation by economic status has increased by about 50 percent since 1991.

The report also provides new evidence about the forces driving recent trends in school segregation, showing that the expansion of charter schools has played a major role.  

The findings were released on May 6 with the launch of the Segregation Explorer , a new interactive website from the Educational Opportunity Project at Stanford University. The website provides searchable data on racial and economic school segregation in U.S. states, counties, metropolitan areas, and school districts from 1991 to 2022. 

“School segregation levels are not at pre- Brown levels, but they are high and have been rising steadily since the late 1980s,” said Sean Reardon , the Professor of Poverty and Inequality in Education at Stanford Graduate School of Education and faculty director of the Educational Opportunity Project. “In most large districts, school segregation has increased while residential segregation and racial economic inequality have declined, and our findings indicate that policy choices – not demographic changes – are driving the increase.” 

“There’s a tendency to attribute segregation in schools to segregation in neighborhoods,” said Ann Owens , a professor of sociology and public policy at USC. “But we’re finding that the story is more complicated than that.”

Assessing the rise

In the Brown v. Board decision issued on May 17, 1954, the U.S. Supreme Court ruled that racially segregated public schools violated the Equal Protection Clause of the Fourteenth Amendment and established that “separate but equal” schools were not only inherently unequal but unconstitutional. The ruling paved the way for future decisions that led to rapid school desegregation in many school districts in the late 1960s and early 1970s.

Though segregation in most school districts is much lower than it was 60 years ago, the researchers found that over the past three decades, both racial and economic segregation in large districts increased. Much of the increase in economic segregation since 1991, measured by segregation between students eligible and ineligible for free lunch, occurred in the last 15 years.

White-Hispanic and white-Asian segregation, while lower on average than white-Black segregation, have both more than doubled in large school districts since the 1980s. 

Racial-economic segregation – specifically the difference in the proportion of free-lunch-eligible students between the average white and Black or Hispanic student’s schools – has increased by 70 percent since 1991. 

School segregation is strongly associated with achievement gaps between racial and ethnic groups, especially the rate at which achievement gaps widen during school, the researchers said.  

“Segregation appears to shape educational outcomes because it concentrates Black and Hispanic students in higher-poverty schools, which results in unequal learning opportunities,” said Reardon, who is also a senior fellow at the Stanford Institute for Economic Policy Research and a faculty affiliate of the Stanford Accelerator for Learning . 

Policies shaping recent trends 

The recent rise in school segregation appears to be the direct result of educational policy and legal decisions, the researchers said. 

Both residential segregation and racial disparities in income declined between 1990 and 2020 in most large school districts. “Had nothing else changed, that trend would have led to lower school segregation,” said Owens. 

But since 1991, roughly two-thirds of districts that were under court-ordered desegregation have been released from court oversight. Meanwhile, since 1998, the charter sector – a form of expanded school choice – has grown.

Expanding school choice could influence segregation levels in different ways: If families sought schools that were more diverse than the ones available in their neighborhood, it could reduce segregation. But the researchers found that in districts where the charter sector expanded most rapidly in the 2000s and 2010s, segregation grew the most. 

The researchers’ analysis also quantified the extent to which the release from court orders accounted for the rise in school segregation. They found that, together, the release from court oversight and the expansion of choice accounted entirely for the rise in school segregation from 2000 to 2019.

The researchers noted enrollment policies that school districts can implement to mitigate segregation, such as voluntary integration programs, socioeconomic-based student assignment policies, and school choice policies that affirmatively promote integration. 

“School segregation levels are high, troubling, and rising in large districts,” said Reardon. “These findings should sound an alarm for educators and policymakers.”

Additional collaborators on the project include Demetra Kalogrides, Thalia Tom, and Heewon Jang. This research, including the development of the Segregation Explorer data and website, was supported by the Russell Sage Foundation, the Robert Wood Johnson Foundation, and the Bill and Melinda Gates Foundation.   

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Maggie is a Britain-based reporter covering the European pharmaceuticals industry with a global perspective. In 2023, Maggie's coverage of Danish drugmaker Novo Nordisk and its race to increase production of its new weight-loss drug helped the Health & Pharma team win a Reuters Journalists of the Year award in the Beat Coverage of the Year category. Since November 2023, she has also been participating in Reuters coverage related to the Israel-Hamas war. Previously based in Nairobi and Cairo for Reuters and in Lagos for the Financial Times, Maggie got her start in journalism in 2010 as a freelancer for The Associated Press in South Sudan.

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Endeavor's $13 billion deal highlights push to sidestep minority shareholders

The plan is the latest example of a company's controlling investors risking lawsuits to avoid paying a higher deal price.