the Court of Justice (majority) in support of its decision in the present case. Also, look for case commentaries to provide such legal context, not just to determine what the law was in a particular area when you hear the word “law,” you can assume the word refers to laws passed by Congress and state legislators. But much of U.S. law is actually case law — the rules appellate judges distill from their interpretation of statutes and other sources. As a result, a large part of the law school is devoted to learning how to analyze case law. However, attending law school is not essential to acquiring this valuable skill. You can learn for yourself how to analyze case law, which begins – but does not end – with a thorough reading of the court`s written opinion. d) Judgements: Report the judgement in the case accurately. It means explaining what was decided by whom (e.g. was it a majority), reasoning, was there a minority (dissenting) written opinion? and the political environment that produced it. Therefore, in most cases, a successful case commentary will establish the jurisprudence in the area of law you are studying, look at the cases you cite Your case analysis should consist of two parts.
The first part describes the case, the second part analyses the judgment and discusses its socio-political implications. The commentary will almost always include a brief chronicle of how the court has decided similar cases. In addition, the CLA is also an important instrument for court management. For example, an analysis may show that the same types of procedures take much longer in one district than in another. This information allows court administrators to make relevant court management decisions, allocate resources more carefully or provide support in handling cases. In short, a legal history helps clarify why the chosen case is important. Before you start writing, follow these guidelines to prepare and understand the case study: The full analysis will be sent to the competent chamber of the Supreme Court and to the training specialist of the respective field. The analysis is then published on the Supreme Court`s website, and the training specialist arranges the notification to the judges that the analysis has been completed. If the analysis refers to the case-law of the European Court of Justice or the European Court of Human Rights, the competent contact person at the Ministry of Foreign Affairs of the Office of the Court of Justice of the European Union or at the Human Rights Office shall be informed. The description of the details of a case and its legal context does not exhaust the requirements of an effective trial before a court, but also (1) supervise the development of that area of law represented by the selected case, and e. You should try to read whole cases instead of summaries.
To get an idea of what the case in question confirms or deviates from a number of precedents. The CTC is a valuable instrument for courts and judges at all three levels. First, the results of an analysis may indicate to the Supreme Court that specific issues should be addressed and expressed in its decisions. Second, the CLA also allows all judges to familiarize themselves with case law and to know how their colleagues interpret certain standards and how they actually judge. d. The best way to learn how to create a case comment is to read a few. Once you have gathered the necessary information, a draft of your analysis should include these general sections, but these may vary depending on your responsibilities or your specific case study: When choosing the topics to analyze, the interests of the justice system come first. A case analysis is a detailed commentary on a particular court case. A successful case analysis combines descriptions and analyses. The case itself should be briefly described.
At the same time, the verdict must be analysed and its socio-political implications discussed. In order to achieve uniform application of the law, several instruments can be used: judges are continuously trained, decisions of higher courts are discussed, etc. In addition, the Supreme Court has introduced a special tool – Case Law Analysis (CLA), which is an innovative and effective tool to improve the uniform application of the law. If you make the necessary revisions, read and edit your analysis before submitting the final draft. Comment. Because business has not only legal, but also social and political significance. In other words, court decisions c) Main legal issues: describe the main legal issues raised by the case. A case comment is no different from a conventional essay in its general structure. You have to look at them first to see what the courts have done in the past in this particular area of law. Case law refers to decisions rendered by appellate judges based on their interpretation of previous cases.
To analyze the specific case law, you need to read the case and try to get an idea of how the court made its decision. This can be quite complex when reading a case for the first time, so write down the main parties, the main dispute, and a brief history of the case to keep track of it. Once you understand the case, try to identify the legal rules that the court used to make its decision. It is also useful to imagine different scenarios in which the rule established by the case could be applied and whether the result would be the same or not. To learn how to focus on the most important facts of a case, read on from our legal co-author! This article was written by Jennifer Mueller, JD. Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, revises, and evaluates wikiHow`s legal content to ensure rigour and accuracy. She received her J.D. from Indiana University Maurer School of Law in 2006.
wikiHow marks an article as approved by readers as soon as it receives enough positive feedback. In this case, 94% of readers who voted found the article useful, earning it readership status. This article was viewed 96,388 times. A successful case commentary combines description and analysis. The case itself must be described The positions and conclusions expressed in the analysis are not binding on the judges. Under the law, students must be prepared to take a strong stance in the analysis of a case. This means an interpretive essay that focuses on a particular case, but is not limited to a simple exposition of its (2) socio-political consequences of the decision. The most important legal issues in a case are summarized in the brief summary following the title of a reported case. You need to be prepared to go beyond this summary when describing the main issues. This can be an occasion when you want to raise non-legal issues that you feel are relevant to the case. After writing the first draft of your case study analysis, read it to look for gaps or inconsistencies in content or structure: a) Facts: A brief summary of the facts of the case (which can be found in the body of a court decision) should be well supported in what came before.
Because case commentaries often deal with controversies succinctly. At the same time, the verdict must be analyzed. While there is no set of rules on how to write a case commentary, the document should be ordered to provide political context can be critical in determining why a case is significant enough to warrant detailed commentary. Understanding of the legal situation at issue in the case in question. The status of a case note provides insight and analysis of a legal case. It is usually divided into two parts: a case summary and a case analysis. The case summary contains a description of the facts, the history of the proceedings and the legal justification for a case. The case analysis includes a discussion of the impact of the judgment and the legal implications of the case. In this resource, you will learn how to search for and write a case note task.
The results of an analysis are presented in an analysis document usually 10 to 40 pages, including conclusions over 1 to 2 pages. CLA does not count numbers. Nor is it a search carried out in the context of specific judicial proceedings by trainee lawyers working with judges of the Chambers. A case commentary is intended to give an author the opportunity not only to assess how a particular case was resolved. Task: Write a case case on ONE of the following cases: (to access the case, double-click it) It establishes the context of the discussion by determining what exactly the comment will focus on. What is the controversy? What can be explained? Provide your thesis A case study analysis requires you to investigate a business problem, explore alternative solutions, and propose the most effective solution using supporting evidence. A case commentary, as the name suggests, is an extended commentary on a particular court case.