The River of Case Law and the Engagement Ring

Abstract: This Article presents a short lecture, a reading, and an in-class exercise designed to efficiently teach students how case law is made in a typical court system. The content is based on an analogy to a river. Cases go upstream in the river of case law, starting from the trial court, moving to the appeal court, and finally to a supreme court. Law, as compared to cases, flows downriver in the river of case law. That is, law from an appeal court is put into the river of law but flows downriver (is precedent for) only to the courts below that appeal court. Law from a supreme court is put into the river at the headwater and flows down into all of the courts in the system and is therefore precedent for all of the courts in the system.