Case note structure? (1 Viewer)

[cutie_pie01]

Hi, I'm first year law student about to write my first case note. I'm finding it a bit difficult becuase I'm not really sure how to structure it - I can't seem to find a model. It'd be great if anyone could answer some of my questions.

Is it ok to use headings in the case note - eg: citation, judges, material facts, legal issues etc?

Can we use dot point when listing the issues - I will still write in prose.

Are we meant to discuss the ratios and precedents together or are we meant to discuss them under spearate headings.

Does obiter dicta include the judicial statements about issues that aern't legal issues, judicial statements about the legal issues but not necessary for the result and judgements made by the minority of judges ?

Thanks.

 

[hfis]

Subheadings are fine, just don't overuse them. Make sure you cover the procedural history in its entirety - facts of the case, court of first instance, where it was appealed from there. After that, discuss the 'final' judgement in detail.

In particular, focus on the ratio of the case and how it differs (if at all) from the current law relating to that area of law. Make sure you identify which judge decided what. On a related note, don't use subheadings to accomplish that - it'll look cluttered and wont flow particularly well.

Casenotes tend to remain objective, but depending on the requirements of the assesment task, it might be prudent to give a commentary on whether or not the 'new' law is an advance or a detriment. Policy considerations and etc go here.

Your description of obiter seems correct. If in doubt about any of this, just google for some casenotes - there's a lot out there, and reading them is the best way to learn how to write them.

 

[= Jennifer =]

hey

the way I used to do it in first year was something like this:

Facts
Issue
Court at first instance
Law
Application
Held

Then I would outline the main things to take away from the case and how it has affected cases in the past (ie followed, overruled, etc) and also what precedent does it set

I hope this helps

 

[MoonlightSonata]

Is it ok to use headings in the case note - eg: citation, judges, material facts, legal issues etc?

Yes, you should definitely use headings.

Can we use dot point when listing the issues - I will still write in prose.

No, I would not recommend doing that.

Are we meant to discuss the ratios and precedents together or are we meant to discuss them under spearate headings.

It may be of benefit for you to look up a real case note in a law journal to see the structure used. Really, lawyers don't even bother referring to 'ratio' and 'obiter' so explicitly. We sort of take these categories for granted and deal with them under the topic of what the court decided. You wouldn't really put things under headings of "Ratio" and "Obiter". You would mention that something the court looked at was obiter but you wouldn't give it its own heading.

Does obiter dicta include the judicial statements about issues that aern't legal issues, judicial statements about the legal issues but not necessary for the result and judgements made by the minority of judges ?

Yes.

 

[melsc]

As has been said you don't need to worry too much about ratio and obiter, the main thing is you need to know the main points of law that the case was decided on (or new prinicples that have been established by the case) - that would be the ratio, obiter would only be important if it is suggesting a change is needed etc... The ratio/obiter distinction in practice is often difficult as you will have ratio and obiter intertwined.