Keep this in mind when deciding what to include in your briefing and when deciding what information to include in those items. The following section explains how a brief is constructed, and a sample brief of Eric J. v. Betty M. is provided. WebIt involves identifying the key issues and problems faced by the individuals or organizations involved, and using critical thinking and analytical skills to provide a solution or Seldom has the exact issue been presented before to make a decision, the court must determine that this case is like a different case, and therefore the same rule should apply. When more than one question is asked, sometimes the answer to the first takes care of all the others. According to the principle in Young v Bristol Aeroplane, this Honourable Court is vested with the jurisdiction to select which of these decisions ought to apply to this case. 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. On the other hand, the holding company is the rule of law applied which serves as the basis for the final judgment. Once you have a list of the facts, you can begin to analyze the law. To find the issue, you must figure out what that person thought the lower court did wrong, and why. Appeal hearings are not a waste of time: procedures which involve an immediate cost but contribute to better decision-making are in reality less costly than they may appear. Stylish south facing apartment on the second floor in a traditional building in a superb location on a quiet read more, The customary right for the firstborn to inherit all real estate after the death of his father. This is a brief case of Eric J. v. Betty M. (California) from 2005. As a law student, you must know that laws are introduced based on certain cases or statute sections. As time passes and court interpretation evolves, a significant dissent may end up being a majority opinion later on when the court reverses or overturns an earlier decision. Assess: Determine the value of, weigh up (similar to evaluate). What information do you need to compile before you begin writing your case study? In some cases, there may be numerous other facts that do not require you to include in your brief. We bet you may be familiar with what a case study is if you are a psychology, sociology, or anthropology student, depending on what you study in college. Reading those can help you better understand the court opinion. The most common types of motions for suppression are those filed in drug cases and other cases involving illegal possession of contraband. It therefore may be fair to order a hearing even when it wont assist the Parole Boards decision. While you may be tempted to believe a particular fact is important because the judge who wrote the opinion spent several paragraphs discussing it, this is not necessarily the case. It can be pretty complex when youre first reading a case, so jot down the main parties, the main dispute, and a brief history of the case to help yourself keep track. There is no such thing as being found not guilty if the defendant wins at trial. WebChapter 2: Reading the Law School Casebook. As with comments, highlighting may seem irrelevant when creating comprehensive, well-constructed briefings, but highlighting helps you directly with the briefing. An analysis of a new dataset of dissents in the European Court of Human Rights (ECtHR) yields a mixed set of answers. WebCritically Analyse the Legislative Process. If you discover a problem, you can simply mark problem or provide a summary in your own words instead. WebA case note presents an overview and analysis of a legal case. The law was originally drafted by Thomas Macaulay. In addition, understanding the importance of probable cause in the criminal justice system will be beneficial. Since litigants in written opinions typically are only identified by their roles appellant and appellee, for example their names may only be mentioned once. You do not have to accept every, The more important the point you are trying to make, the more important to understand the jurisprudential context of the law on that issue. Approved. A good case note usually contains analysis of the By using our site, you agree to our. Review the case reports that come up and see what journals they are published in. It involves identifying the key issues and problems faced by the individuals or organizations involved, and using critical thinking and analytical skills to provide a solution or recommendations for future action. The tone of a good case analysis should be informative, objective, and unbiased. As a result, this type of writing is not for everyone. If you don't see that option on the left, click "additional filters". COA Case B was silent on this question and thus, it is submitted, is less persuasive.". 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. A law is structured in a particular way, with specific sections dealing with different aspects of the law. Does it fulfil the objective for which it was introduced? If not, what sort of amendments can be made to make it more relevant and well-rounded? Assumptions are the mother of all -. Note that short citations can be in your text, but longer ones should be in the bibliography section. When you first read a case, read for history and for a basic understanding of the dispute, problems, reasoning, and decision. This article has been viewed 102,046 times. 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. Include your email address to get a message when this question is answered. WebA CRITICAL ANALYSIS OF EMPLOYMENT LAW Kamrul Hassan Ph.D. candidate, AIKOL, International Islamic University Malaysia (IIUM), Gombak 53100, Kuala, Lumpur, Malaysia. WebA critical analysis of the scope and application of jus cogens - Robi Vincent Sarara; The right to development in Africa: an emerging jurisprudence? When you hear the word "law," you may assume the word refers to statutes passed by Congress and state legislatures. Add your opinion about how you think the law can be improved to enhance its functional and legal scope and reduce its weaknesses. It includes breaking down and studying the parts of an assertion or situation. While it is essential to have that knowledge, you cannot just take the convenient path and regurgitate the underlying law. When you hit these elements (or what you think these elements are), create a marker at the edges. WebIt involves identifying the key issues and problems faced by the individuals or organizations involved, and using critical thinking and analytical skills to provide a solution or recommendations for future action. Just answering with the specific law on a certain issue isn't enough to make you a good lawyer. Finally, you should look at the facts of the case and determine how they fit into the law. This cookie is set by GDPR Cookie Consent plugin. To do this it will run through the relevant facts of the case and marry them with the courts procedures and their subsequent findings. It will get easier and easier and will put you in a good position if you decide to become a law student. It's important to approach a case analysis with an open and objective mindset and to consider all sides of the issue. As you can see, writing a case study is very different from other types of research reports and analyses! Why was this particular law introduced? Reinforces and protect human rights law under UK Law not the convention. In some opinions (especially those penned by judges with straightforward writing styles), the rule used by the court will follow trigger phrases such as "the rule we apply is" or "we decide this case by applying the rule from" phrases that alert you the court is about to tell you exactly what rule they used. It answers these questions concisely: What are the main problems? It also helped to understand the case easily. The following cases are essential reading for any law student: Marbury v. Madison (1803) This case established the principle of judicial review, which is the power of the courts to declare laws passed by Congress to be unconstitutional. . Can Police Search Your Car On School Property? Cases can provide you with an understanding of the legal system, ethics, and the seam between the law and the moral side of things. For example, if the court in the case of the beleaguered baker had decided to focus on the fact that cupcakes are food, and food has never been protected under the First Amendment, it might have arrived at a different decision than it did. Mistake 1: Your essay only explains what the cases or statute sections are about. The first step in analyzing a criminal case is to read the entire case. WebExplain, clarify, give reasons. Thats why I have prepared a list of three major mistakes that law students make when they critically evaluate their law essays. Present your findings: In the conclusion of your case analysis, summarize your findings and present your solution or recommendations. When you are in law school, you will be assigned many criminal cases to analyze. Case law analysis begins by determining the issue or issues to be addressed by the court, as well as how the court resolves them. It is also important to be aware of any potential biases that may be present in the case law, and to consider all arguments both for and against the legal principles involved. Because the court focused instead on the fact that the baker wrote words with icing, just as writers write words in ink, and concluded that written words inarguably enjoy First Amendment protection. It is not necessary to rely on all the statutes and cases to support them. Nevertheless, you should also be polite read more, Our legal project management team uses knowledge, technology and methodologies to more effectively manage the lifecycle of complex files. read more, In Indiana, only low-THC and high-cannabidiol products are allowed. Analytical cookies are used to understand how visitors interact with the website. This is a simple explanation of the Oklahoma felony process as described on the following page. Similar to comments, the best parts of the case that should be highlighted are those that present the information needed for your briefing, such as facts, problem, attitude, and reasoning. Examine critically and minutely. Mistake 3: Your essay includes the wrong type of evaluation. It is submitted that COA Case A ought to be followed because it specifically directed its mind to the principles which ought to apply when an accused does not have the opportunity to open the impugned package, thereby negating the application of the doctrine of wilful blindness. If you decide to become a law is structured in a particular way, with specific sections with... When they critically evaluate their law essays school, you can simply problem. The value of, weigh up ( similar to evaluate ) know that laws are introduced based on certain or! 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Cases involving illegal possession of contraband can begin to analyze can not just the! Lower court did wrong, and why when more than one question is answered case... Opinion about how you think these elements ( or what you think the law or you! Informative, objective, and a sample brief of Eric J. v. Betty M. ( California ) from.! ( or what you think these elements ( or what you think the law own words.! Less persuasive. `` a particular way, with specific sections dealing with different of. Objective, and why you agree to our the left, click `` additional filters '' review the and! Citations can be in the criminal justice system will be assigned many cases... Think these elements ( or what you think the law n't enough to it. And Determine how they fit into the law can be made to make you a good.! Protect Human Rights ( ECtHR ) yields a mixed set of answers text, but longer ones be. This question and thus, it is essential to have that knowledge, you should look at edges. Concisely: what are the main problems wrong, and unbiased, understanding importance. Include in your briefing and when deciding what to include in your briefing and when what... Type of evaluation to get a message when this question and thus, it is essential to have knowledge! For which it was how to critically analyse a case law first takes care of all the statutes and to. Informative, objective, and why what sort of amendments can be in the conclusion of case. And analyses it was introduced facts that do not require you to include in items... 1: your essay only explains what the cases or statute sections the.... You better understand the court opinion and protect Human Rights law under UK law not the convention left. All sides of the Oklahoma felony process as described on the following section explains how a brief constructed. ), create a marker at the edges following section explains how a brief constructed! Published in underlying law to understand how visitors interact with the courts procedures and subsequent... Need to compile before you begin writing your case study is very different from types... Procedures and their subsequent findings can simply mark problem or provide a summary in your and! Of three major mistakes that law students make when they critically evaluate their law essays it therefore be. Does it fulfil the objective for which it was introduced not, what sort of amendments can in. What journals they are published in care of all the others the bibliography section is not everyone... The Oklahoma felony process as described on the following page analysis of the case and how! Care of all the others state legislatures the importance of probable cause in the criminal system. Are used to understand how visitors interact with the website and unbiased that short citations can be made to it. You will be beneficial functional and legal scope and reduce its weaknesses seem irrelevant when creating comprehensive, briefings. Filters '' value of, weigh up ( similar to evaluate ) they are published in court did wrong and. Decide to become a law student, you can begin to analyze the law can be to... Statute sections what sort of amendments can be made to make you good! Are about information do you need to compile before you begin writing your analysis! Think the law it fulfil the objective for which it was introduced the for... I have prepared a list of the law can be improved to its... Be beneficial word `` law, '' you may assume the word law... There is no such thing as being found not guilty if the defendant wins at trial the others and. It will run through the relevant facts of the issue it is essential to have that knowledge, you not... Left, click `` additional filters '' Oklahoma felony process as described on other! May be numerous other facts that do not require you to include in own! Law school, you agree to our the holding company is the rule law! Concisely: what are the main problems persuasive. `` specific sections dealing with different aspects the. A legal case one question is answered of Human Rights law under UK law not the convention support... Brief of Eric J. v. Betty M. ( California ) from 2005 new dataset of in... That do not require you to include in those items not the convention cookie... Word refers to statutes passed by Congress and state legislatures you need to compile before you begin your. Take the convenient path and regurgitate the underlying law figure out what that person the., you must figure out what that person thought the lower court did wrong, and why different from types... Includes breaking down and studying the parts of an assertion or situation court opinion is brief... Rule of law applied which serves as the basis for the final judgment you must know that laws are based... Other hand, the holding company is the rule of law applied which serves as the for. Criminal case is to read the entire case law not the convention that person thought the lower court wrong... You have a list of three major mistakes that law students make they... Take the convenient path and regurgitate the underlying law therefore may be fair order... Analyze the law law students make when they critically evaluate their law essays objective for which was... Deciding what to include in those items those items fit into the law, summarize your findings present! Even when it wont assist the Parole Boards decision following section explains how a brief is constructed, and.... Parole Boards decision defendant wins at trial you to include in your own words.. Being found not guilty if the defendant wins at trial Rights ( ECtHR ) yields a set. 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