How to write a law review case note

If the decision departed from prior cases, was this appropriate?

case law analysis

Depending on the case, the inclusion of additional elements may be useful. The goal is to remind yourself of the basic reasoning that the court used to come to its decision and the key factors that made the decision favor one side or the other.

One subject in which Procedure History is virtually always relevant is Civil Procedure. The case brief represents a final product after reading a case, rereading it, taking it apart, and putting it back together again.

Case study law

You should include the facts that are necessary to remind you of the story. In this early stage of outlining your note you will also want to decide on the style and form your note will take. An effective way to reduce this time is to annotate the margins of the casebook. Offer original analysis and a novel perspective on an existing legal issue backed by persuasive authorities Have a balance between being too broadly and too narrowly focused Professor Harpaz said one common challenge for student note writers is selecting a topic of brewing or potential controversy in its beginning stages, such as before court decisions have been issued. Does it seem consistent? To the extent that more elements will help with organization and use of the brief, include them. What follows is merely one approach to addressing this kind of an assessment; there are many approaches to writing case notes, each suited to different and individual styles. Our recommendation is a mechanical pencil. What issues and conclusions are relevant to include in a brief? In a previous roundup of law review submission season resources we shared some great articles on writing law review notes. Some Tips and Tricks for Finding the Ratio Firstly, a very lawyerly disclaimer: this ability is perhaps one of the most difficult to master, and is often one that newcomers to studying law find so frustrating and challenging. Read your assignment instructions carefully to make sure you are emphasising those areas highlighted by your lecturers. If the decision departed from prior cases, was this appropriate? Annotations will also remind you of forgotten thoughts and random ideas by providing a medium for personal comments. Depending on the case, the inclusion of additional elements may be useful.

Even if this were true, what is relevant for the judge to make his decision is not always relevant for you to include in your brief. Writing a case note.

How to write a headnote for a case

Consider the decision in light of existing law often referred to within the judgment itself — does it contradict prior decisions? Whether you return to a case after a few hours or a few months, annotations will swiftly guide you to the pertinent parts of the case by providing a roadmap of the important sections. Learning to brief and figuring out exactly what to include will take time and practice. The simple answer is: whatever is relevant. Everyone has their own process for researching and writing outlines. For each different section of the case, choose a color, and use that color only when highlighting the section of the case designated for that color. Simple in description but maddening in practice, especially when some cases span hundreds of pages.

If you forget the story, you will not remember how the law in the case was applied. Therefore we recommend that you save blue for the elements that you rarely highlight. Check the assignment instructions.

Legal case analysis example

The techniques in the remainder of this section will describe ways to make full use of your highlighters. An effective way to reduce this time is to annotate the margins of the casebook. In addition to these elements, it may help you to organize your thoughts, as some people do, by dividing Facts into separate elements: 1 Facts of the case what actually happened, the controversy 2 Procedural History what events within the court system led to the present case 3 Judgment what the court actually decided Procedural History is usually minimal and most of the time irrelevant to the ultimate importance of a case; however, this is not always true. Professor Harpaz offers a thorough explanation of how to evalaluate a note topic to help you get started. Below is a list of other guides and examples to which you may refer. He said a good introduction should not contain ambiguities, but rather clearly state the theme of your note and reveal your conclusion. An annotation in the margin, however, will not only swiftly guide you to a pertinent section, but will also refresh the thoughts that you had while reading that section. Even judges that agree on orders to be made or even on certain points of law may differ on others.

You should include the facts that are necessary to remind you of the story.

Rated 8/10 based on 91 review
Download
3 Steps to Writing a Standout Law Review Note