The conclusion should very briefly summarize the decision, shortcomings and successes discussed throughout the case note, as well as your overall opinion. A general rule for any writing is that new substantive arguments that have not been discussed in the body of the exhibit should not be introduced into the conclusion. Finally, some concluding observations could be made on the impact of the case on this area of law and how it might affect future cases. Analysis is often where you run into the biggest difficulties. Remember – analyze, not describe. Do you consider the decision in light of existing law (which is often mentioned in the judgment itself) – does it contradict previous decisions? Does that make sense to you? Does that make sense to you? If the decision differed from previous cases, was that appropriate? Judgments often deviate from the previous law, especially to keep pace with the changing values of a changing society – for “political” reasons. Or a verdict simply reflects the prejudice and hysteria of its time. Show that you are aware of this. While an information session is an extremely useful and important learning aid, annotations and highlights are other tools for breaking down the mass of material in your case book. Later in this section, these different techniques will be discussed and shown how they complement and improve the information process. You may be wondering why annotations are important when creating a proper and well-constructed briefing.
By their very nature, pleadings cannot cover everything in one case. Even with a complete and well-constructed brief, you may want to refer to the original case to re-read dictations that may not have seemed important at the time, examine the full history of the proceedings or the set of facts, or seek the reasoning for a better understanding of the case; Comment makes these tasks easier. Whether you`re returning to a case after a few hours or a few months, quickly direct annotations to the relevant parts of the case by providing a roadmap of important sections. Your text markers and side notes will refresh your memory and restore some thoughts you may have had about the case in general or on a single pass. There is no one way to structure case notes. The following table lists the requirements and possible elements of the case notes. Always follow the assignment instructions. Commenting on cases during the initial review of a case not only facilitates the review of an initial case, but also facilitates the information process. With proper annotations, the important details needed for your briefing are much easier to retrieve.
Without annotations, you`ll probably struggle to find the information you`re looking for, even in short cases. It may seem strange that it is difficult to refer to a short case, but even a short case will probably take at least fifteen to twenty-five minutes to read, while longer cases can take up to thirty minutes to an hour. No matter how long it takes, the dense material of all cases makes it difficult to remember all your thoughts, and trying to find specific sections of the analysis can feel like trying to find a needle in a haystack. However, a note in the margin will not only quickly lead you to a relevant section, but it will also update the thoughts you had while reading that section. For an excellent overview of the Australian legal system and legal research resources, see Researching Australian Law (LLRX.com) Personal feedback can be helpful if you have a thought that doesn`t fit elsewhere. In the personal experience of one of the authors, this element was used to refer to cases of certain types (e.g. vicarious liability) or to take mental notes about what he found strange or confusing in the cases. This element allowed him to let go of his thoughts (without losing them) so that he could move on to other cases. Could describe the history of the proceedings, even if it is a first instance decision or if appeals have been filed.
Find an area of law that interests you. Drive to oyez.org. This link will take you to the Case Search section. You then need to filter your cases for problems. Oyez offers a long list of problems to choose from. Once you`ve found a topic you`re interested in, select it. Oyez will give you a complete list of cases that deal with this issue. Select a case (preferably current). If you need help choosing a case, ask.
If you only include these four elements, you should have everything you need to effectively retrieve the case information during the course or a few months later while you study for the exams. Experiment if necessary, but try to choose a color palette at the beginning of the semester and stick to it. This way, when you go back to the first cases of the semester, you won`t be confused with multiple color schemes. The basic sections of a case that you should consider giving a different color to are: 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. The process of setting up the deal in your own words requires you to digest the material, while comments and highlighting can be done much more passively.
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 dealt with should also be mentioned (e.g., was the judgment stayed to allow the government to change the issue?), as this is often an indication of the courts` attitude to the issue at hand. 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. Trinity College Law Review holds an annual case note competition in honor of Dr.