ALL INDIA LEGAL FORUM
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:-
- Re-guessing the case keeping in the thoughts the issues that you will talk about in the Comment.
- Understanding complex circumstances and distinguishing the lawful issues or lacunae for the situation;
- Sieving out pertinent subtleties and pointers from the case that help your investigation.
- Arriving at the determination by receiving a specific methodology
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.
- Avoid passive voice.
- Attempt to adhere to one thought for each section.
- Keep your sentences fresh. Stay away from long, complex sentences.
- Communicate in plain language. Keep away from “legalese.”
- Write in 3rd person.
- Use “pincites” where suitable to guide the reader to explicit material inside a source that bolsters your point.
- Check the Bluebook for how to organize every single citation you make.
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 the Court’s decision correct ?
- Does this choice change/acclimate with existing law? Was the reasoning consistent with past thinking in comparative cases? Is it likely that the choice will altogether impact existing law?
- Did the court legitimize its thinking?
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?
- What are the strategy ramifications of the choice? Are there elective methodologies which could prompt increasingly fitting open approach around there? On the off chance that you have responded to these inquiries agreeably, 80% of your activity is finished. As the sole reason for the case comment is to dismember a specific legal issue, you should be amazingly cautious here as to not address any incidental or fringe issue. Your response to these inquiries must be validated by sensible declarations and satisfactory thinking.
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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1 - How To Write A Case Comment
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There is a separate, but very similar Write On Competition for transfer students. • The competition will include a case comment, Bluebook test, and.
PREPARING FOR THE 2022 WRITE ON. COMPETITION: HOW TO WRITE A CASE COMMENT. Prepared by: PHILIP DEVOE, GEORGETOWN JOURNAL OF LAW & PUBLIC POLICY.
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framework for those interested in this form of legal writing.2. 2 This contrasts to case note and case comment writing in the USA where some law.
Possible Approaches to writing a Case Comment. ▫. Law is not clear: Here, you need to focus more on how statutory provisions and relevant case laws
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A comment is an article on a particular case and its legal impact. A superior comment is based on a case that meets one of these criteria:.
Approaches to the case comment · 1. Avoid passive voice. · 2. Attempt to adhere to one thought for each section. · 3. Keep your sentences fresh. Stay away from
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