Pencil or pen – which is better to use when commenting? Our recommendation is a mechanical pencil. Mechanical pencils make thinner marks than regular pencils and also as ballpoint pens. While you may think that a pencil lubricates more than a pencil, a mechanical pencil with its pointed tip uses very little excess lead and doesn`t lubricate as much as you might imagine. A mechanical pencil also gives you the freedom to make mistakes without consequences. When you start commenting, you may think that certain passages are more important than they really are, and so you can resist the urge to lead by example to preserve your book and avoid fake signs. However, using a pencil eliminates the possibility of erasing and rewriting this problem. Now that we`ve covered the basics of reading, commenting, highlighting, and briefing a case, you can start practicing. Keep in mind the tips and techniques mentioned in this chapter as you discuss the four topics covered in the rest of this book. If you are experiencing difficulties, refer to this chapter to help you master the case study method and the art of applying the common law.
When reviewing a case for the first time, don`t think about understanding everything at once. You only have to read to get an idea of what is going on, who the main parties are and what the court is supposed to do. In short, a legal history helps clarify why the chosen case is important. Task: Write a case study on ONE of the following cases: (to access the case, double-click it) Who reads your letter? Most professors will approve of the value of the information session, but will never ask you to be informed. As a practicing lawyer, your client doesn`t care if you keep them short as long as you win the case. Judges certainly don`t care if you`re brief, as long as you practice law competently. You are the person the mission will serve! Keep this in mind when deciding what to include in your briefing and when deciding what information to include in those items. In many cases, the issue pending before the court may raise multiple yes/no issues or follow-up questions based on the answer to the first question. This usually happens when a specific situation in the case has not been investigated by another court. The court must first consider whether a particular law is applicable to this situation before it can determine how the law should be applied. Sometimes the easy way to find the facts of the court is to think about what would have happened if they had decided to focus on another fact.
While many other details may be relevant or important to the case, it was not the information that led the court to make this decision. All written court decisions consist of a case that has been the subject of at least one series of appeals. Therefore, as a law student, you should be able to identify the path that this particular case took from the first trial to the trial that ultimately developed the opinion you read. When describing the judgment of the case, distinguish it from the holding company. The judgement is the court`s finding of fact in favour of a party, for example “confirmed”, “suspended” or “in custody”. On the other hand, the holding company is the rule of law applied which serves as the basis for the final judgment. Because briefings are created for yourself, you may want to add other elements that extend the four items listed above. Depending on the case, the inclusion of additional elements may be useful. For example, a case that has a long and important section explaining dicta may require a separate section in your briefing called Dicta. Whichever items you choose, remember that the briefing is a tool for personal use. To the extent that there are other elements that help organize and use the information session, include them.
On the other hand, if you find that more elements make your letter cumbersome and difficult to use, reduce the number of elements. However, be sure to at least include the four items listed above. The description of the details of a case and its legal context does not exhaust the requirements of an effective case a) Facts: Provide a brief summary of the facts (which can be found in the body of a court judgment). 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.
Why highlight? As with comments, highlighting may seem irrelevant when creating comprehensive, well-constructed briefings, but highlighting helps you directly with the briefing. It makes cases, especially the more complicated ones, easy to digest, review, and use to extract information. the Court of Justice (majority) in support of its decision in the present case. Also look for case comments d. The best way to learn how to create a case comment is to read a few. Comments on the case What facts are relevant to a letter? You need to state the facts necessary to remember the story.
