Research Assessment #4

Topic:​ Law

Date:​ 10/11/2019

Citations:

Educational Technology, et al. “Case Method: Law School Learning Aids: Sturm College of
Law.” C​ ase Method | Law School Learning Aids | Sturm College of Law​,
https://www.law.du.edu/index.php/law-school-learning-aids/the-classroom-experience/
methods/case-method.

“Everything You Need to Know About the Law School Case Method.” ​The Princeton
Review​, https://www.princetonreview.com/law-school-advice/case-method.

Analysis:

My mentor came up with this idea for us to try out during our next meeting - for me
to prepare a case so that he can ask me questions like a law professor. I am very excited to do
this because I am generally good at memorizing the facts of a case, however, I am not good
at saying it back. I can write as much as you want me to, but when I try and say it outloud, I
tend to mix up my train of thought and it looks like I did not prepare at all. However, with
this exercise, I will be able to gain confidence to achieve what I need to do.
There is only one problem - I am not sure how to prepare a case at all. I know the
basics, such as what you need to know, but I do not know how much exactly do you need to
know. Is there an underlying analysis? Are you going to be asked random questions? Will
you need to know previous cases? And such, because I know absolutely nothing, I decided to
complete this research assignment off of how to prepare a cause and how to know that you
are ready for all the questions you could be asked. Below I will also include all my
annotations of the case.
From what I learned through the articles I read, although laws are written as a general
statement, they are incredibly vague in order to make sure they are open to interpretation. If
they are too specific, it is hard to apply them into multiple different situations and instead
there will be too many laws, addressing case by case. Since this is too complicated, laws are
passed as a general idea, and law students are expected to read different types of cases to
understand when and when they can not be used. The cases that are assigned are usually
judicial opinions that explain why a certain case decided in a certain way. It is beneficial to
write your own brief so that when your law teacher asks you questions, you are not stuck not
knowing the answer and looking underprepared. The most important part and question that
you will be asked is what is the goal of the case that you analyzed. What can you take away
from the ruling? How does this apply in modern society? It is crucial to understand what this
interpretation by the judge does for attorneys and how you can use that to your benefit. It is
also important to understand which facts are essential to the decision. Law cases will have all
kinds of details written in them. For example, the individual is wearing a red shirt and blue
jeans and had her hair up in a ponytail when the accident occured. It is not exactly important
to remember all these things when preparing a case. Now, it could be said that the red shirt
was so distracting due to its brightness that it caused the driver to go blind and crash into
her. If that is the case, then yes it is important, but in reality, more than likely it would not be
the reason and thus it can be written off as a fact not needed to memorize. However, that
does not mean one should not forget it at all. It is just not necessary to review over and over.
Furthermore, the important details one needs to know are “determinative fact” or the
“essential facts”, meaning that without these, the case could be completely different. These
are the reasons the judge will have gone with his or her decision as to the outcome of the
case. This decision will go on to “formulate” existing laws.
Throughout my research, I wish I had found the types of questions they would ask
but I could not find that anywhere. However, I am still glad to have found exactly what I
need to know in order to make sure I have prepared correctly. I will be using the knowledge
I retained above to write my annotations below for the case I have decided to prepare for my
next mentor visit.

Kirksey v. Kirksey
(Supreme Court of Alabama, 1845)
● Exchange:​ A performance or return promise is bargained for if it is sought by the
promisor in exchange for his promise and is given by the promisee in exchange for
that promise
● Submitted by the defendant against the plaintiff in error
● Plaintiff
○ Wife of defendant’s brother, now a widow with children
○ 1840, lived on public land on contract lease and tried to secure it
○ Defendant writes a letter, promising to offer her new land if she sells it and
comes to live in his county
○ After 1-2 months, plaintiff left her land and went to live with defendant, which
he gave her a house but told her to leave after two years
○ Plaintiff sued for $200 and won
 Schnell v. Nell
(Supreme Court of Indiana, 1861)
● J.B. Nell against Zacharias Schnell
● Agreement entered into 13th day of February 1856
○ Zacharias Schnell of Indianapolis, Marian County
○ J. B. Nell of the same place
○ Wendelin Lorenz of Stilesville, Hendricks County
○ Donata Lorenz of Frickinger, Grand Duchy of Baden, Germany
● Schnell’s wife, Teresa Schnell (deceased) all the people above in the second party
should receive $200, whereas another provision decreed that all property should be
given to the husband
● Agrees to pay the $200 in installments, as $66 ⅔ every year until they reach the full
● The instrument is sued on, saying that they should get $600

I am personally a little confused on this case, I will make a note to have my mentor explain
this to me. The individuals are supposed to receive $200 each and the husband agrees to pay
for them in sums. However, it also claims that according to the way the will was written, he
does not need to. Does this mean they are suing him or is he saying that he refused to pay?