How To Brief A Case
For A Socratic Method Class
by
Dennis P. McNamee, J.D.
The
Socratic Method of teaching is widely employed in law
classes and schools of law to induce students to
discover, or "intuit," for themselves the
law of each case known as "Blackletter Law"
and methods of the application of the law. It is a
method of inquiry between a student and the Lecturer.
Technically, the Socratic method works as follows:
a)
Wonder. The Lecturer will pose a question designed to
draw an answer from the student (of the "What is
X ?" form).
b)
Hypothesis. The student will suggest a plausible
answer (a definition or definiens) from which some
conceptually testable legal propositions can be
deduced.
c)
Elenchus ; the Lecturer then challenges the student,
by "testing," "refutation," or
"cross-examination." This is generally done
through the performance of a thought experiment by
imagining a case which conforms to the definiens but
clearly fails to exemplify the definiendum, or vice
versa. Such cases, if successful, are called
counterexamples. If a counterexample is generated,
return to Item "b", otherwise go to Item
"d".
d) Accept
the hypothesis as provisionally true. Return to Item
"c" if you can conceive of the theory which
has not been legally confirmed.
e) Act
accordingly and move on to the next case briefing or
point of law.
This
method requires repeated inquiry of a student until
the Lecturer has made the point clear, and the class
is secure in its knowledge. This inquiry can proceed
for an extended period of time before the Lecturer
moves on to the next point or student. For those not
predisposed to this type of inquiry it may at first
appear that a student is being "badgered"
or harassed. This is especially true if a student is
shy, retiring, or not generally predisposed to
argument (especially if unprepared for class) and
recitation in class. It must be noted that law
classes are a participatory and sometimes mental
contact sport. Challenges and counter challenges are
a part of the Socratic method. It is a method of
teaching which draws conclusion from the student in
hopes the student will understand the law
instinctively and intuitively.
Briefing
the case
There is
a standard method to follow in a Socratic Method
Class when a student "briefs" a court case.
First you must be certain that you read the opinion
carefully, perhaps several times, to insure complete
understanding. Although the format required by the
individual law school or class can vary, it will
always present the essentials of the case under
headings such as those to be discussed immediately
hereafter.
a) the
Citation. Give the full case citation, including the
name of the case, the date it was decided, and the
court that decided it.
b) the
Facts. Briefly state: 1) the reasons for the lawsuit;
2) the identity and arguments of the plaintiffs and
defendants respectively, that is discuss all of the
arguments of the plaintiff followed by the arguments
of the defendants; 3) the lower court's decision (if
appropriate).
c) the
Issue. Concisely phrase, in the form of a question,
the essential issue before the court. If there are
two or more issues involved you may have two or more
issue questions to relate before the class.
d) the
Decision. Take each issue question and provide the
court's answer to the question, or each question, you
have constructed in the Issue section of your brief.
e) the
Reason. Summarize the reasons given by the court for
its decision or decisions and the case or statutory
law relied upon by the court in arriving at its
decision.
This
briefing will then be used as the basis of the next
Socratic inquiry by the Lecturer.
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