How to Read a Case

The caption and citation

The captionis the case name — usually plaintiff v. defendant in the trial court, but after appeal the order can flip (the appellant typically goes first regardless of trial-court role).

The citation tells you where the opinion lives. For Brown v. Board of Education, 347 U.S. 483 (1954):

• 347— volume of the reporter
• U.S.— reporter abbreviation (United States Reports — the official SCOTUS reporter)
• 483— first page of the opinion
• (1954)— year decided

Common federal reporters:

• U.S.— United States Reports (SCOTUS, official)
• S.Ct.— Supreme Court Reporter (SCOTUS, West)
• F.4th, F.3d, F.2d, F.— Federal Reporter (Circuit Courts of Appeals)
• F.Supp.3d, F.Supp.2d, F.Supp.— Federal Supplement (District Courts)

The posture

Before the holding, identify the procedural posture: what stage of litigation is on review? A motion to dismiss is reviewed for whether the complaint states a plausible claim; a summary judgment is reviewed for whether any genuine dispute of material fact exists; a verdict is reviewed under a deferential standard. The posture controls how factual disputes are resolved and which standard the court applies.

The holding vs. the dicta

The holdingis the rule of law applied to the facts to reach the result. It is binding precedent within the court's jurisdiction.

Dicta (plural of dictum) are statements that are not necessary to the result. Dicta can be persuasive but are not binding.

Pulling the holding out of a long opinion is a skill. A good first pass: write the holding as "Under [facts], [rule] applies, so [result]."

Majority, concurrence, dissent, plurality

• Majority— the opinion joined by more than half of the participating judges; binding precedent.
• Plurality— the opinion with the largest vote share but less than a majority. The narrowest grounds shared by a majority of judges supporting the judgment becomes the binding rule (Marks v. United States).
• Concurrence— agrees with the result; may agree or differ on reasoning. Concurrences can become the dominant rule over time.
• Dissent— disagrees with the result. Not binding but often a roadmap for future challenges.

Reading order

Try this order, especially for a first read:

1. Read the syllabus or headnotes (West-prepared) to orient yourself. Note: headnotes are not part of the opinion and are not citable.
2. Read the first few paragraphs of the majority for the facts and posture.
3. Skip to the end of the majority for the result and disposition.
4. Read the majority's reasoning to extract the holding.
5. Skim concurrences and dissents for what they emphasize.

Subsequent treatment

A case is only good law until a later court changes it. Check:

• Overruled— later court of equal or higher rank discards the holding.
• Abrogated— effectively overruled by a later case or statute, sometimes without an explicit overruling.
• Distinguished— a later case says "our facts are different, the rule doesn't apply here." The original case is still good law on its own facts.
• Followed— a later case applies the rule to similar facts. Strong signal of vitality.
• Questioned— a later court expresses doubt but does not overrule.

Use CourtListener's citation network, or a paid citator (Shepard's in LexisNexis, KeyCite in Westlaw), to check subsequent treatment before relying on a case.

Related guides

• How to Research Federal Law
• How to Research State Law
• How to Read a Statute
• How to Cite Law