Case system

A method of teaching or studying the science of the law by a study of the cases historically, or by the inductive method. It was introduced in the Law School of Harvard University in 1869-70 by Christopher C. Langdell, Dane Professor of Law. It is usually based upon printed collections of selected cases arranged chronologically under appropriate titles. The system is not necessarily based upon the exclusive use of cases, but the cases are made the basis of instruction. Text-books may be used for the purpose of reference and collateral reading, and are so used by many teachers under this system. It has been very generally adopted in law schools. The reasons for the adoption of this system of instruction are given in a paper read before the Section of Legal Education of the American Bar Association in 1S94 by Professor W. A. Keener, formerly of the Law School of Harvard University. "1. That law, like other applied sciences, should be studied in its application, if one is to acquire a working knowledge thereof. 2. That this is entirely feasible for the reason that while the adjudged cases are numerous the principles controlling them are comparatively few. 3. That it is by the study of cases that one is to acquire the power of legal reasoning, discrimination and judgment, qualities indispensable to the practising lawyer. 4. That the study of cases best develops the power to analyze and to state clearly and concisely a complicated state of facts, a power which, in no small degree, distinguished the good from the poor and indifferent lawyer. 5. That the system, because of the study of fundamental principles, avoids the danger of producing a mere case lawyer, while it furnishes, because the principles are studied in their application to facts, an effectual preventive of any tendency to mere academic learning. 6. That the student, by the study of cases, not only follows the law in its growth and developstudy of cases, and which must be acquired by him either as a student, or after he has become a practitioner, if he is to attain any success as a lawyer. 7. That it is the best adapted to exciting and holding the interest of the student, and is, therefore, best adapted to making a lasting impression upon his mind. 8. That it is a method distinctly productive of individuality in teaching and of a scientific spirit of investigation, independence, and self-reliance on the part of the student." Reprinted in 28 Am. L. Rev. 709. See also 24 id. 211; 27 id. 801; 12 Harv. L. Rev. 203, 418; 9 id. 169; 14 id. 258; 27 Am. L. Reg. 416; Report of Amer. Bar Assoc. 1895, 1896.