Reading cases

The art of case reading is amongst the most significant common-law lawyerly skills.

A case alone is not very informative. The question it is best to ask yourself is: exactly what does this case increase what I know about the law in this region? The process of case reading can be a spiralling process which means every time you are going back and look the case you will find more. Therefore you must never think your brief of a case is final. Do a rough brief before class. After discussion has confirmed, illuminated and/or altered your take a look at it, redo the brief.

ONE WAY TO BRIEF A CASE.

Read all this through without writing anything down.
Now see clearly again.
Write the citation: Write the truth name and citation accurately. Make sure you possess the name on the court plus the date. Also add your text reference or reference with your notes to help you find it again.
Facts of true: You should leave this blank or merely sketched in now and come time for it. The material facts can just be established when you’re clear around the issues in true.
Remedy sought: What did the plaintiff/applicant/appellant want?
Prior proceedings: What happened problem (s) below?
Arguments on the parties: Establishing the arguments will let you decide exactly what the legal problem is.
Grounds of appeal: This may have existed by the arguments. This is another indicator with the legal issues.
Issue: What will be the legal issue that this court has got to decide?
Outcome or decision: Who won the situation? Was the appeal allowed or denied?
Legal Reasoning: The process of reasoning used from the judges to find their decision. Trace their arguments through.
Ratio Decidendi: The ratio decidendi may be the principle of law or perhaps the legal reason which has been necessary for your court to get to its decision. There are narrow and broad views on the ratio decidendi. This may need compare different opinions of numerous judges.
Obiter dicta: Obiter dicta describes other things the judge(s) said that were of interest but were not needed for the decision that has been made.
Notes: Your notes as to what difference this situation made to knowing about it of this region of law; how true is significant etc.

ANOTHER WAY – THE MINIMUM BRIEF (less thorough but better than nothing):

Read the way it is through first by scanning.
Read through again slowly.
Material facts – lay out the material facts ie the approaches which are significant for your law true concerns.
Issue(s) – arranged the questions the judges must answer.
Ratio decidendi – what rule did the judge use to reply to the question?
Outcome of the situation – who won.

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