As with any legal letter, there should be a consistent thread of reasoning in the case note, but this can be difficult after several hours of writing. As a result, the argument you created might make sense to you, but not to a new reader. One of the best ways to deal with this problem is to ask someone else to read the article and make their own comments. This section of the note should deal with the reasoning that led to the court`s decision and particular emphasis should be placed on the most important decisions and the ratio decedendi. It is necessary to specify the case-law on which the Court of First Instance relied or departed, as well as a brief explanation of the reasons for those steps. How the decision was handled should also be mentioned (e.g. Has the judgment been stayed to allow the government to change the issue?), as this is often an indication of the attitude of the courts to the issue at hand. In the second section of the note sheet, the facts should be briefly described. It is important to remember that a case note is not simply a summary of a case; The facts only serve as a backdrop for your analysis.
For this reason, this section of the procedural note should not be too long and the objective should be to illustrate the facts relevant to the reasoning of the General Court and not all the factual circumstances. This is usually a good place to mention lower court decisions regarding the case in question. Once you`ve completed your research, you`ll be ready to write a case note. Case notes for the Torrey Law Review should be between 500 and 1000 words. Be brief when analyzing the complexity of a particular case. Case notes should include the following sections: Remember to include any contradictory facts or evidence that has been presented in the judgment. The purpose of this section is to provide complete context for your analysis, so stick to the relevant facts and keep it brief. Case notes are often quite short and you will do well in your analysis because it shows your ability to argue in a legal context. In summary, case notes can help you contextualize a case in relation to the applicable law and gain a broader understanding. Case notes usually require a summary of the case that describes the relevant facts, explains the legal issues, and explains the judge`s reasoning (ratio). This is followed by a critique of the judge`s decisions and a discussion of the implications of the case. That is how you assess the court`s decision.
You can also use the name of the popular case or the name of the most relevant party. You can use these search strategies to search for case notes in the following databases (hover over the „i“ icon next to the database name for more guidance): Do you indicate its name, which court was decided in which case, and what legal direction did it change? Perhaps you provide the context, like the previous legislation, that influenced it. Describe whether or not you think the case was decided correctly – and state your reasons. Keep it brief. A good introduction is concise, persuasive, and provides an „overview“ of your entire argument. When you are judged on your ability to make an in-depth case note – beyond the brief need to review your own study notes – you are really asked for your critical analysis of the case. That is, whether the case has been properly decided in your opinion and with reference to your own logical and legal analysis. The following is only one approach to addressing this type of evaluation; There are many approaches to writing case notes, each tailored to different and individual styles.
Below is a list of other guides and examples you can refer to. This includes identifying decisions made by each judge and identifying dissenting opinions. This is important if you disagree with the outcome of the case. The flesh of your paper. Do you agree with the court`s decision and the interpretation of the law or not? What for? How does the case fit into the existing law matrix and how might this affect future decisions? (Selecting a current case makes it easier to answer this question) It is enough to back up your position with information in this case, but citing external cases and legal grants is also welcome and encouraged. Trinity College Law Review holds an annual case note competition in honour of Dr. Gernot Biehler. Mr. Biehler was a distinguished fellow of Trinity College and a lecturer in international law and conflict of laws, and died at the age of 48. Mr.
Biehler was an enthusiastic supporter of the work of Law Review. Once you`ve read a case and feel like you`ve figured out some of its key issues, you need to organize them like a case note. Explain how the case made its way to the Supreme Court. From which court was the case initiated? Who won? What arguments have the parties put forward? To which court has an appeal been lodged? Who won? Enough philosophy. Now, frustration. Unfortunately, there is no clear way to distill the ratio from judgment – it is simply a skill better refined by practice. We have some suggestions: read the case and read a summary. If you`re referring to what a third party — usually a speaker who may have created a case summary for the conference — considers a ratio, you can hone your own skills by reading the case and find out why this legal issue was more important than others. Give an overview of the facts. What happened that the applicant wanted to pursue? This question is generally dealt with in the first half of the first part of the Court`s Opinion.
Key features of the professional and academic style required when writing case notes include: After evaluating and analyzing the majority, would you agree or disagree? Would you agree or disagree – but for different reasons than the judges? Explain why. Refer to past cases, refer to international law, refer to second reading speeches (which are a good way to understand the intentions behind law-making) – to explain why you think your approach might be more appropriate, or to get more justice. Be original. Be outrageous. Show your ability to think deeply and analyze. Where the decision on the case is based on an appeal, it is necessary to consider how the decision justifies or reconciles previous decisions. A balancing exercise may require a more in-depth examination of the precedents set out in the judgment. Once you`ve found the case you`re going to be looking for, it`s time to find the program and the court`s opinion. There are two ways to do this. You can go to Justia and find it there.
You can also send us an email and we will send you the research material. A case note is something that every law student is expected to write down at some point in their studies and can be a daunting task without advice. This article aims to briefly explain what a case note is, what are the benefits of writing a case note, and how to write a case note. You can also find more information at the end of the article about the Gernot Biehler Case Note competition. To write a good case note, it`s essential to develop your ability to distill the most important facts and ratio decidendi and capture it all into a few handy, easy-to-remember bullets. Simple in description, but crazy in practice, especially when some cases span hundreds of pages. The main purpose of a case note is to critically analyze a particular decision and its impact on the law. „Critical analysis“ can be a confusing term, so considering some of the following questions can be a useful starting point: It should be noted that „critically analyzing“ does not mean that you do not have to disagree with a judgment; The best critical analysis praises some aspects of a judgment and attacks others.
Comments on previous related decisions can help you form an opinion on a case and perform a critical analysis. It is recommended to consider how the case can have lasting effects and it is necessary to recognize whether the case can be contested or not. However, as in any legal piece, it is desirable that some level of critical analysis be woven throughout the piece, rather than being isolated in one section. The competition is open to first- and second-year students from all universities. Case notes are subject to a word limit of 3,000 words with no footnotes, and the deadline to submit your application is January 17, 2020.