How To Write A Case Commentary

In contrast to a case outline, a case analysis is a specialised bit of lawful composing which digs profound into a few layers of the case. You are required to strip these layers off to draw out the issues and break down to analysis of the case in the light of those issues. You can do this by following four straightforward advances:-

Possible Approaches to writing a Case Comment

Law is not clear : Here, you have to concentrate more on how statutory provisions and relevant case laws including the current case have created an unpredictability of law on that specific issue or neglected to fill the legal void.

The judgment is correct and clears the law : Here you have to concentrate more on the positive ramifications of the case and its bearing on the future course of law on that specific issue. You may likewise need to give extra reasons to how the counter-contentions don’t have a legal standing.

The judgment was wrong: In this methodology, you attempt to demonstrate how the courts take on the issue was not right by introducing purposes behind the equivalent. The regular error which understudies as a rule do here is that they emphasise the disagreeing conclusion in their own words without including their very own faultfinder of the judgment.

The judgment was not wrong but the reasoning: Here, you have to clearly distinguish your thinking from that of the court and exhibit how the court’s thinking is inconsistent with the thinking given in earlier comparative cases on that issue and conflicts with the spirit of law or public policy.

Important issue not discussed : Here, you can recognise an issue which you figure the Court ought not have disregarded or ought to have examined in more noteworthy detail.

The above methodologies are suggestive in nature and you are allowed to embrace your own remarkable method of introducing the pundit of a judgment or concoct a mix of the given methodologies.

General Guidance

Structure of a Case Comment The body of a case comment or note comprises of four appendages. These are:


A case comment ought to in a perfect world start with a short passage recognising the subject of the case to give the peruser a reasonable thought in regards to the issues you are going to address in the remark. The subsequent section ought to be a short proclamation of facts expressing just the piece of the factual matrix which is fundamental to the issue being talked about. From there on, you ought to compose the demeanour and what was in the end held in a case in an exact way.

The reason for composing this segment is to let the reader get the general thought regarding the genuine topic of the case before you start your analysis. The absolute initial step to do this is to draw a framework of the advancement of the law paving the way to the case under review by addressing milestone cases and noteworthy legal turns of events. This encourages the reader to assess the court’s choice and comprehend your contentions all the more unmistakably.

This establishes the primary appendage of the case comment. Here you have to ask yourself four relevant questions1, to be specific-

Was its understanding of the law suitable? Was the thinking legitimate/reliable? Did the court think about all/preclude a few issues and contentions? Also, if there was oversight, does this debilitate the value of the choice?

The conclusion to the case comment ought to embody the principle embodiment of the creator’s discoveries and contentions. It isn’t generally important to arrive at a resolution to settle on whether the court’s decision was correct. You can basically end your analysis by quickly expressing the effect of the case and bringing up certain lacunae (assuming any).

Using Foot-notes in a Case Comment

It is fitting that you utilize talking references to quickly detail or examine other pertinent data which may be helpful for the reader to know. Despite the fact that there is no standard concerning what number of footnotes ought to be there, you should maintain a strategic distance from inordinate footnoting keeping in with the general policy followed by the most reputed law journals in the world. Also, however you are allowed to utilize any sort of uniform citation strategy, it is prudent that you utilize the Blue Book technique which is most ordinarily utilized for law journals.

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