Casebook
Encyclopedia
A casebook is a type of textbook
used primarily by students in law school
s. Rather than simply laying out the legal doctrine
in a particular area of study, a casebook contains excerpts from legal case
s in which the law of that area was applied. It is then up to the student to analyze the language of the case in order to determine what rule was applied and how the court
applied it. Casebooks sometimes also contain excerpts from law review
articles and legal treatise
s, historical notes, editorial commentary, and other related materials to provide background for the cases.
The teaching style based on casebooks is known as the casebook method
and is supposed to instill in law students how to "think like a lawyer
." The casebook method is most often used in law schools in countries with common law
legal systems
, where case law
is a major source of law.
Most casebooks are authored by law professors, usually with two, three, or four authors, at least one of whom will be a professor at the top of his or her field in the area under discussion. New editions of casebooks often retain the names of famous professors on their covers decades after those professors are dead. Updating of the books, then, falls on the shoulders of a younger generation of their colleagues. Such casebooks are often known by the names of the leading professor authors, such as Prosser
, Wade, & Schwartz's, Torts: Cases & Materials (now in a 12th edition).
The leading publishers of casebooks in the United States are Thomson West
(publisher of the Foundation Press and American Casebook Series imprints), Aspen Publishing, and LexisNexis
. Each of these publishers uses a quickly identifiable color and pattern for their book covers across all subjects. Traditionally, the covers of casebooks come in the colors red, blue, or brown.
The prevalence of the casebook method in American law schools has given rise to a market for commercial study aids "keyed" to a particular casebook edition. These study aids are generally summaries ("briefs
") of the cases from the casebook to which it is "keyed," presenting them in the same order as the casebook. Often written by the same author who wrote the associated casebook, and published by the same company, "keyed" study aids are useful in distilling cases down to black-letter law
. Popular study aid product lines include Legalines, High Court Case Summaries, and Gilbert Law Summaries published by West Thomson Reuters, Casenotes Legal Briefs by Aspen, and the Understanding series and Q&A series by LexisNexis.
. This theatrical casebook gathers information about the setting, period, and social implications of a particular play, and is used by actors and directors as an aid in their interpretation of the script.
Textbook
A textbook or coursebook is a manual of instruction in any branch of study. Textbooks are produced according to the demands of educational institutions...
used primarily by students in law school
Law school
A law school is an institution specializing in legal education.- Law degrees :- Canada :...
s. Rather than simply laying out the legal doctrine
Legal doctrine
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows...
in a particular area of study, a casebook contains excerpts from legal case
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
s in which the law of that area was applied. It is then up to the student to analyze the language of the case in order to determine what rule was applied and how the court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
applied it. Casebooks sometimes also contain excerpts from law review
Law review
A law review is a scholarly journal focusing on legal issues, normally published by an organization of students at a law school or through a bar association...
articles and legal treatise
Legal treatise
A legal treatise is a scholarly legal publication containing all the law relating to a particular area, such as criminal law or trusts and estates...
s, historical notes, editorial commentary, and other related materials to provide background for the cases.
The teaching style based on casebooks is known as the casebook method
Casebook method
The casebook method, also known as the case method, is the primary method of teaching law in law schools in the United States. It was pioneered at Harvard Law School by Christopher Columbus Langdell...
and is supposed to instill in law students how to "think like a lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
." The casebook method is most often used in law schools in countries with common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
legal systems
Legal systems of the world
The legal systems of the world today are generally based on one of three basic systems: civil law, common law, and religious law – or combinations of these...
, where case law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
is a major source of law.
Most casebooks are authored by law professors, usually with two, three, or four authors, at least one of whom will be a professor at the top of his or her field in the area under discussion. New editions of casebooks often retain the names of famous professors on their covers decades after those professors are dead. Updating of the books, then, falls on the shoulders of a younger generation of their colleagues. Such casebooks are often known by the names of the leading professor authors, such as Prosser
William Prosser
William Lloyd Prosser was the Dean of the College of Law at UC Berkeley from 1948 to 1961. Prosser authored several editions of Prosser on Torts, universally recognized as the leading work on the subject of tort law for a generation. It is still widely used today, now known as Prosser and Keeton...
, Wade, & Schwartz's, Torts: Cases & Materials (now in a 12th edition).
The leading publishers of casebooks in the United States are Thomson West
Thomson West
West publishes legal, business, and regulatory information in print, and on electronic services such as Westlaw. Since the late 19th century, West has been one of the most prominent publishers of legal materials in the United States...
(publisher of the Foundation Press and American Casebook Series imprints), Aspen Publishing, and LexisNexis
LexisNexis
LexisNexis Group is a company providing computer-assisted legal research services. In 2006 it had the world's largest electronic database for legal and public-records related information...
. Each of these publishers uses a quickly identifiable color and pattern for their book covers across all subjects. Traditionally, the covers of casebooks come in the colors red, blue, or brown.
The prevalence of the casebook method in American law schools has given rise to a market for commercial study aids "keyed" to a particular casebook edition. These study aids are generally summaries ("briefs
Brief (law)
A brief is a written legal document used in various legal adversarial systems that is presented to a court arguing why the party to the case should prevail....
") of the cases from the casebook to which it is "keyed," presenting them in the same order as the casebook. Often written by the same author who wrote the associated casebook, and published by the same company, "keyed" study aids are useful in distilling cases down to black-letter law
Black letter law
The black letter law refers to the basic standard elements for a particular field of law, which are generally known and free from doubt or dispute...
. Popular study aid product lines include Legalines, High Court Case Summaries, and Gilbert Law Summaries published by West Thomson Reuters, Casenotes Legal Briefs by Aspen, and the Understanding series and Q&A series by LexisNexis.
Other meanings
A casebook can also be the comprehensive research notebook compiled by a dramaturgeDramaturge
A dramaturge or dramaturg is a professional position within a theatre or opera company that deals mainly with research and development of plays or operas...
. This theatrical casebook gathers information about the setting, period, and social implications of a particular play, and is used by actors and directors as an aid in their interpretation of the script.
See also
- List of casebooks
- SourcebookSourcebookThe term sourcebook is used to describe many different kinds of books such as collections of core articles , bibliographies, biographies, printed archival sources, directories and so on...
– similar structure used in the social sciences and humanities