Lecture notes
What Makes a Good Case Note?
- Module
- English Legal System
- Institution
- University Of Sussex (UoS)
What Makes a Good Case Note?
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Writing a Case-Note EssayWhat is a Case-Note?
Provides a written commentary and analysis of a legal case.
It identifies the facts of the case and examines the key legal issues/elements of the
case and decision.
It considers, in detail, how the court came to make the decision (what the ratio of
the case was).
It also places the case in its wider legal and social context and addresses any
subsequent developments and impact.
De-Construct to Re-Construct
Read the case.
Read around the case.
Supreme court website.
Summary of the cases.
Summary of the facts.
Then de-construct the case itself.
Drawing out the facts:
The procedural history (the type of action and the court(s) in which the case has
been heard).
The issues (the questions about the law) that the case decides.
The law that the judge applies.
The application of that law to the facts.
The final decision in the case.
Impact of the case.
Structure
Introduction.
Facts (keep this short and succinct).
Issues (be careful of repetition, make a judgment call).
Judgment (most important, analysis).
Impact (changes to the law, critique, engagement with secondary sources, analysis).
Conclusion.
Table of Authorities and Bibliography.
, What Makes a Good Case-Note?
Good writing skills.
SPAG.
Presentation, appropriate sentence structure.
Clarity and coherence throughout.
Not trying to include everything but recognising the most important points of
law/reasoning.
Good referencing throughout.
Depth of analysis.
Engagement with suitable secondary sources.
Personal interpretation and analysis (use secondary sources to support your
positioning).
Understanding the procedural history.
The court that heard the case.
Accuracy in procedural history.
Implications for the doctrine of precedent.
The role of the HRA 1998, ECHR, EU Law etc.
Understanding the nature of the case at hand.
Is it a criminal, civil, or judicial review case?
Be aware of terminology (e.g. claimant, respondent).
Moving From a 2:2 to a 2:1, 1:1.
Depth of analysis and moving beyond mere description.
Engagement with suitable secondary sources.
Personal interpretation and analysis.
Use secondary sources to support positioning.
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