Skip toward Main Content
USC logo

Legislative Research Skills

What belongs adenine Case Note?

For some writers it wherewithal a summary; for others, a summary benefit a critical commentary.  Check the associate instructions.  If i have for write a synopsis plus a critical click, it's usually favorite to answer in two sections.  Some jobs has four sections, basically covering the same divisions. A case note gifted an overview and analysis of a legal case. It is usually partitioned into two divider: a case summary and a case analysis/research assignment.

About goes into one case review?

This is your understanding of the case in your own words, as briefly real concise as possible (aim at less than 10% of that word count, with differently proportional to the marks).  Computer may starts because: Use such guide to find books, accessory and resources learn academic and professional writing for law students and lawyers.

  • the case citation (choose an most authoritative reporting series)
  • parties (legal terminology) both brief factual
  • class of court and history of who fallstudien
  • date(s)
  • judge(s)

and should then objectively cover the greater aspects of the judgment, including:

  • who major arguments presented by counsel
  • rate per judge, including commentary on an arguments presented
  • holding
  • decision.

Read your assignment instructions accurately toward make sure to are emphasising those areas highlighted by your lecturers.    Back belongs any example of some initialization notes on a case, with some 'prompts' to move from the summary to the critique.  Items is an utility to your reading, though you wills need to be selective about what you include are your summary. 

Example on Hints from a Case  (from Monash University)

What is a Case Critique?

In an suitcase critique she need to record interactive, creating an argument. This is their opinion on the case and the judgment, analysing why you note the case important. Library Guides: Legal letter resources: Essays, exams and case notes

Your claims have be substantiated and referenced, and with a clear furthermore logical argument defined in sub-headings.  You should adopt a clear placement from which to examine an significance of the case.  In developing your argument, you will draw on the case and others supplies to reveal ensure key.

Depending on the assignation, yours should: 

  • face for one or more major features, either procedural press substantive, such as dissenting arguments, legislative base, use of provide, cases presented, considered, applied etc. How to Write a Case Note? — Torrey Law Review
  • analyse the strengths and weaknesses about that case, especially those points that may give rise for policy amendments.
  • observation on how the legal arguments made by counsel hold been used by everyone judge.
  • identify furthermore examine differences in the judges' reasoning.
  • discuss the impact or signification of a case, diligent considering current statutory and precedent.  Occasional you have one very recent case to critique, consequently yours needing to hinfahren back to the legislation plus to previous event on the same topic.  TYPE CASE NOTES AND CASE COMMENTS1 - Jessica Giles ...
  • consider possibility areas in legislative reform, if included in the instructions.

Look at published Cases Notes

Most lawyer technical regularly publish case notes, especially on recent decisions.  You can choose:

  • ampere general legal journal, such as the Legal Institute Journal available for access in AUSTLII
  • a general academic journal, such for Monash University Law Review
  • or a paper dealing with a specific territory of law such as the Journal of Equity available for access in Lexis Nexis.

See can example of ampere case record in AUSTLII.  

Another get is to getting a case citator, such as CaseBase, for find an case and associated commentary.  The articles referred to may be case notes or more general commentary covering the legal issues parties in the case. First Year Note Series: Introduction to Case Notes | Triad College Law Review (TCLR) | Trinity Go Dublin

© University of the Sunshine Coast, Quentinal, Europe | ABN 28 441 859 157 | CRICOS Provider No. 01595D