What is the CaseFile Method?
A CaseFile
A CaseFile is a set of facts communicated by a partner, and supplemented by a paralegal,
to an associate. Precedents and other relevant materials are included. CaseFiles
average 15 pages. The associate is asked to prepare a memorandum for the partner
that describes the relevant legal rules and fashions the arguments for the client
and for the other side.
The Set of CaseFiles
A set of CaseFiles contains a CaseFile for each day of class in the course. CaseFile
Method supports a six hour course in Contracts, a four hour course in Property,
and three hour courses in Employment Law and Labor Law.
Scope of CaseFiles
The subject matter of the CaseFiles is the same as that found in more traditional
case books.
What CaseFile Method Offers
Focused Student Preparation and Increased Participation
CaseFile Method stimulates focused preparation by the student. This yields a high
level of student self-confidence, and accordingly class participation. Students
reading a CaseFile know exactly what will be expected of them in class—extract legal
rules and use them to make arguments for both sets of parties.
Increased Student Confidence
Preparing for a CaseFile discussion creates a high level of student confidence.
During a CaseFile course, it is possible to identify a student’s argument as “wrong”
without damaging the student’s ego. CaseFile Method promotes risk-taking by students.
Doctrinal Learning
CaseFiles require a student to extract legal rules from primary materials, precedents,
and statutes. For the professor who wants students to “see” a body of doctrine in
the subject, CaseFiles serve that purpose.
Breadth of Coverage
If one CaseFile per day is assigned, the range of topics covered will be greater
than the range covered in a case book course. If breadth is important to you, CaseFile
delivers.
Flexible Class Structure
There’s no mandatory way of conducting a CaseFile class. The professor can be directive,
or not. Student participation can be graded, or not. Large classes can be divided
up into teams. The professor can even “lecture the CaseFile,” although why would
you want to?
The Final Examination
The final examination in a CaseFile class can be the kind of examination that you
have always given, or it can be a CaseFile that the student analyzes and writes
an essay. I use a CaseFile because it frees the students from taking notes in class.
The result is that students actually pay attention to what their classmates are
saying. Ever have a student disagree with the analysis offered by a fellow student?
It happens in a CaseFile class every day.