But also ensure you know which particular facts are crucial to the determination of which particular principle. The second tier is for felonies that are punishable by imprisonment for four years or more, and the third tier is for felonies that are punishable by imprisonment for two years or more. In some cases, the issue before the court involves multiple yes/no questions, or a follow-up question that is conditional on the answer to the first. Essentially, you're looking for what the person who appealed the lower court's ruling wanted to happen, that didn't. Comments on previous related decisions can help you form an opinion on a case and perform a critical analysis. Later in this section, these different techniques will be discussed and shown how they complement and improve the information process. When writing a case study analysis, you must first summarize the case. The majority of the time, the answer to the first two questions will be no. You don't have to consider whether the baker's First Amendment rights were violated by the fine, because she didn't have any First Amendment rights in the first place. You will find many instances where the law is inadequate and has weaknesses. If the law is changed or removed, what could be the potential consequences? They also offer insights into the thinking of the judiciary and how legal principles are applied in practice. A dissent from a decade ago may become a majority opinion tomorrow often written by the same justice, now carrying the majority where he or she once held a minority view. However, be sure to at least include the four items listed above. So the finishing process includes some polishing. Parole Board: A hearing would have made no material difference therefore we dont need to have one. A lawyer is obligated to inform his client that they may not be able to prove their case at trial. It therefore may be fair to order a hearing even when it wont assist the Parole Boards decision. If you have the option to choose which case you want to write about, you should consider a few factors below: Decision in this case. For example, whether or not Fact X amounts to defamation depends on whether or not the Court adopts principle A or B. Many essays discuss the law critically, but they do it in the wrong way. The skills of critical thinking are the outcome of three In all of these scenarios, an in-depth understanding of the jurisprudential context of the case you are reading will equip you with the ability to discern, establish or deconstruct different patterns of arguments. Train yourself to identify the presence and absence of these kinds of important facts. Often, what's really important is what happened afterward. Further consideration should be given to whether the legislation is still relevant and whether it is still seen as a strong precedent. A case analysis is a detailed examination of a specific real-life situation or case that has occurred in the past. A prisoner therefore should be granted an oral hearing if he can show that it would be appropriate. Set the stage for your case study with an introduction. Since 2006 over 80 analyses in legal magazines, as well as articles in social science, have been published. the Court of Justice (majority) in support of its decision in the present case. Following the preliminary hearing, a District Court judge presides over the District Court Arraignment. Just answering with the specific law on a certain issue isn't enough to make you a good lawyer. DO NOT GIVE UP. It should explain the structure of the case note, explain the significance of the case (i.e. You can only make this point if you understand the facts that were important to the Court deciding the case relied upon. The two previous blogshave focused on developing legal knowledge through exploring topical issues in the field of law. "Before l read this article, I had a belief that even ordinary students can have opinions on legal issues but now. However, in one case, the Appellant may have had an opportunity to open the impugned package he was carrying, whereas in the other, the Appellant may not. Why highlight? 2023 The Black Well Firm. Instead of just accepting what's in front of you, you need to perform a critical analysis so you are in a position to defend the law. When you know not just the facts of a particular case, but also its relationship to the particular legal principles you are seeking to apply, distinguish or persuade the Court to overrule, the stronger your ability to build a case in your favour. Review the case reports that come up and see what journals they are published in. Although the addressee or client is requesting a legal opinion, it should be based on facts and follow the law. While it is essential to have that knowledge, you cannot just take the convenient path and regurgitate the underlying law. The more consistent the jurisprudence on a particular subject, the stronger your grounds have to be to justify a deviation. ], Q. Many students struggle to perform critical analysis and evaluation because they make certain mistakes that lead them to an incorrect outcome. Case briefings are a popular method of studying law that has been around for a long time. Your markers can be as simple as facts (with a parenththesis indicating the relevant part of the paragraph). Think critically about the work you are It should also identify the legal issues involved in the case, and explain how the courts decision will impact future cases. Who will read your letter? You must also keep track of the facts the court relied on and the ones it discounted or ignored. What is a good book to read when youre not studying and youre just flipping through a textbook chapter? Being able to identify, analyze and critique the ratio decidendi of cases is one of the hallmarks of a great lawyer. The law is what it is and There may be more than one in any one judgment. These are just a few of the many important cases that every law student should read. This page explains how to choose a jury and how to choose a non-jury trial jury. Moon appealed. In these situations, it's up to the court to figure out how to tackle this new issue, and where it fits in to the long line of American jurisprudence. You need to come up with a rational and logical argument to support your opinions - something that's strong and compelling enough to be taken seriously in court. For example, if you're reading a case that caused quite a stir in the media when it was decided, there will no doubt be newspaper and magazine articles about it. Since case commentaries often deal with controversy As is the case with any legal writing, there should be a consistent thread of reasoning running through the case note, but this can be difficult after several hours of writing. ", "This helped me on what to look when analysing a case. How T o: Analyse a Case Study - Approaching a case study - W riting a case study - Common problems in case . It is not necessary to rely on all the statutes and cases to support them. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. This cookie is set by GDPR Cookie Consent plugin. Ensures that long-term consequences are analysed not just short-term ones. What is the Cambridge Winter Pool and How do I Prepare? wikiHow marks an article as reader-approved once it receives enough positive feedback. It makes cases, especially the more complicated ones, easy to digest, review, and use to extract information. In other words, court decisions the elements of the pleading create the unique shape and colors of the play, and when combined with other pieces, the image of the common law takes shape. However, some key tips that may be useful in analysing a case law include: reading and understanding the case law itself; researching the legal principles involved; and applying those principles to the facts of the case. 1. If the state fails to meet its burden, the defendant is free to leave. WebThe analysis is of the paper, not your views and perspectives. This includes all of the factual data produced by the original case study, such Case laws do not exist in a vacuum. Ask these questions and try to develop an answer. We had to go to court in order to win Mr. Gerharts case in the Oklahoma Court of Criminal Appeals. When developed over time, the patterns in these case laws will become easier to identify and deconstruct, lending to more persuasive written and oral submissions. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. Its important to try and go beyond the text and think about the potential impact of the case, and contextualise it in legal trends. You may also benefit from reading Analyzing Criminal Cases because it explains in greater detail how attorneys analyze criminal cases. For example, a case that has a long and important section explaining dicta may require a separate section in your briefing called Dicta. The brief is a concise summary of the case. Make note of the case from which the rule came, although typically it's not necessary for you to go back and read the case itself to understand the rule. To do this it will run through the relevant facts of the case and marry them with the courts procedures and their subsequent findings. WebCritically Analyse the Legislative Process. Using many colors allows you to highlight more text without compromising the efficiency of the highlighter. Para 2 (1) (a) of the Anti-Defection law explains about the voluntary giving up of the membership by the members. For this reason, there likely won't be a precedent that is entirely on point, or a previous case with the same fact pattern in which the same issue was raised and decided. The Facts: R (Osborn) v Parole Board [2013], Q. What information do you need to compile before you begin writing your case study? This will help you produce a more critical essay, as you will be studying and thinking about the law from different perspectives instead of just a single one. This article was written by Jennifer Mueller, JD. You just need to understand who filed the original lawsuit (which will help you understand the facts of the case), the decision at trial, and who appealed and why. Once you have graduated from your law school, you will soon realise that most of the law practice is based on your interpretation and analysis. The rationale of the study was to raise awareness to policy makers and legislators to come up with appropriate strategies for the purposes of review and reform of the policies and laws on the welfare of the children in The court must first determine whether a particular law applies to that factual situation at all before it can decide how the law applies. Brown v. Board of Education (1954) This case overturned the separate but equal doctrine that had been used to justify racial segregation in public schools. It's important to approach a case analysis with an open and objective mindset and to consider all sides of the issue. It does not store any personal data. How to Critically Evaluate and Analyse in Law Essays (Law As a result, the argument you created might make sense to you, but not to a new reader. % of people told us that this article helped them. These form part of an entangled web of precedent dating back decades, if not centuries. The most comprehensive development of that doctrine and the three stages of the proportionality test, however, came vide the Federal Court decision in Alma Nudo Atenza v Public Prosecutor.". Example is simple and straightforward.. Just consider a critical thought process, it is a part of the way our minds work. A good case note usually contains analysis of the This case raises the issue of whether or not there is a rule of law. It is crucial for law students to learn the skill of correct, thorough, and precise critical evaluation and analysis so they are in a position to do well in their exams.
