Reading of legal cases : towards a model of effective reading by law undergraduates

Abstract

The ability to read legal cases is one of the most essential skills for law students to be successful in their discipline. It is particularly fundamental since case law is one of the main sources of law. However, the most common assumption is that students would have possessed this skill when they enrol in a law school. This attitudinal fallacy is referred to as ‘skills deployment assumption’ (Stratman, 1990). Thus, this research attempted to explore the quintessential traits in the reading of legal cases among law students at the International Islamic University Malaysia (IIUM). In doing so, this research was divided into two stages- Phase One and Phase Two. The main aims of the initial phase were to discern the common practices and the problems faced by learners and lecturers in teaching and learning the reading of cases. Phase Two, with a more in-depth perspective, aspired to unearth the reading strategies employed by law students and legal professionals in reading cases as well as identify similar and different reading strategies used. Data collection for Phase One included semi-structured interview and documentary evidence; while Phase Two employed think-aloud protocol, retrospective interview and researcher’s observation. The findings from Phase One uncovered fundamental issues related to the legal skills training, case reading skills, problems faced and suggestions to overcome them. Meanwhile, Phase Two revealed the differences in utilizing the case reading strategies between the different respondents and highlighted distinctive characteristics of strategic readers of legal cases such as the ability to employ varied reading strategies, establish context of the case, connect to previous experiences etc. These findings culminated in a Model on Effective Reading of Legal Cases which can become a useful guideline in developing legal skill courses and improving existing ones. This study has crucial implications on the teaching of case reading in legal education particularly to the curriculum designers, material developers, ESP instructors, legal educators and law students.