[blindlaw] Fully Grasping the Factual Matrix of Cases and Effectively Internalizing the Ratio Decidendi

[Susan Kelly]

I always broke down the cases into their component parts (in written form, by whatever method is best for you - I could still see my own handwriting at the time) aa I was reading and re-reading them.  This made it much more clear, and actually helped to speed things up.  Truthfully, I still do something similar with my disclosure for my clients' cases now - it helps me think of other issues and facts that need to be addressed.

I think each person approaches cases differently, so it is hard to say how much time will be necessary.

-----Original Message-----
From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Rahul Bajaj via blindlaw
Sent: Wednesday, August 26, 2015 2:40 PM
To: blindlaw at nfbnet.org
Cc: Rahul Bajaj <rahul.bajaj1038 at gmail.com>
Subject: [blindlaw] Fully Grasping the Factual Matrix of Cases and Effectively Internalizing the Ratio Decidendi

Hi All,

This question does not have anything to do with blind lawyers in particular, but with acquiring good lawyering skills in general. One of the things that I often struggle with is understanding the factual matrix of cases, especially when I am reading an appellate court judgment in which it is difficult to understand which party has appealed against a lower court  decision and on what ground. It is never very difficult to cull out the broad propositions of law from a given case, but it is a lot harder to acquire a nuanced understanding of the set of facts which resulted in the dispute and/or the appeal.
Similarly, most textbooks throw facts after facts in decided cases at you on any given issue, and I typically waste a lot of time in reading and re-reading the same facts because of my inability to fully grasp them in the first instance. What strategies can I adopt to better appreciate the facts of the cases that I read which is a sine qua non for digesting large volumes of information in an expeditious manner?
How much time, as a screen reader user, should I ideally take to read an average 20-30 para judgment?
Second, even if one is able to fully grasp the ratio in a given case, I sometimes struggle to effectively enunciate the same or to apply the ratio to a new set of facts especially after reading more than one case on a given issue. Therefore, even if I read a long judgment which I am able to fully understand, I struggle to recall the ratio in the judgment when I remember it after the efflux of a considerable amount of time. I believe it is imperative to deal with these issues as a student, for this is the time to lay a solid foundation which I would be able to build upon as I go along. I unfortunately don't have the benefit of receiving the guidance of well-qualified professors who can play a critical role in suggesting coping strategies. Look forward to reading your responses.

Best,
Rahul

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