Case summary
1)
Introduction
2)
Procedural history
3)
Facts (brief)
4)
Judgement
5)
Reasoning behind judgement
6)
Commentary - precedents
Headings
-
Stattoru gaunranees
-
Industry...
-
7)
Conclusion
8)
Video - what is a case note
-
Read a case
-
Cases making history. Mabo no 2 causes public outcry
-
Setting outstanding precedent
-
Put a case in its place- place a case chronologically and philosophy within a
particular area of legal interest.
What to put in case note
-
Identify area of law and develop a theme of case note
-
Settled and unsettled
-
New areas of law
-
Existing
Introduction
-
Tell the reader what you intend to discuss in your case notes
-
Give 3 or 3 short statements of the basis for this opinion
-
Provide a 'map' of the structure of your paper
-
Short statements. New sentence for each point
Discuss the case
Briefly describe the facts of the case. Restrain is essential. You have to decide which facts are
relevant to the ultimate decision.
Discuss the decision and rational of the case
-
Was the decision warranted to the facts
-
Was the reasoning consistent with the decision or was the court attempting to
reach a decision on the basis of justice, fairness or the particular circumstances of
the case
-
Did the court properly use and refer to previous authority if any existed
-
Was the decision unanimous or were there difference of opinion