Cases
Is it possible to go through much of Uni without reading too many cases as says on her channel?
This breaks down other areas of law, such as contract and tort etc, as well as having numerous cases.
https://webstroke.co.uk/law/cases
1. Read the case a few times, or as many as need be.
2. Identify the holding (The decision of the court). Is the holding express or implied? Look at what the court did or what it said it did. The holding is the rule modified by the facts of the case.
3. Identify the issue. Is it express or implied? Not all judges write well so it can be difficult to find.
4. Identify the rule. It may be a prior case, or cases, or a statutory provision. It can be inferred from the identified, holdings, issues and facts of the case.
5. Identify the facts. Two types. Legally relevant facts (based on what court decided) and proceduraly significant facts.
6. Identify the disposition of the case. Where is it in the court system? Is it in appeal, reversed it, affirmed it, remanded it?
7. Identify the reasons and the policies. Policies are similar to but broader than reasons. Sometimes courts will not use, state or reference the policy. Reasons are the how and policy is the why.
8. Check for congruence.
9. Identify each of the issues individually in multiple issue cases.
Source: https://www.youtube.com/watch?v=KK9ccgNjIY8
The Holding is the answer! Not the Dicta
Marks and Spencer and the taxman HMRC
http://www.telegraph.co.uk/finance/newsbysector/retailandconsumer/4514338/MandS-wins-13-year-dispute-with-tax-man-over-tea-cakes.html
This breaks down other areas of law, such as contract and tort etc, as well as having numerous cases.
https://webstroke.co.uk/law/cases
1. Read the case a few times, or as many as need be.
2. Identify the holding (The decision of the court). Is the holding express or implied? Look at what the court did or what it said it did. The holding is the rule modified by the facts of the case.
3. Identify the issue. Is it express or implied? Not all judges write well so it can be difficult to find.
4. Identify the rule. It may be a prior case, or cases, or a statutory provision. It can be inferred from the identified, holdings, issues and facts of the case.
5. Identify the facts. Two types. Legally relevant facts (based on what court decided) and proceduraly significant facts.
6. Identify the disposition of the case. Where is it in the court system? Is it in appeal, reversed it, affirmed it, remanded it?
7. Identify the reasons and the policies. Policies are similar to but broader than reasons. Sometimes courts will not use, state or reference the policy. Reasons are the how and policy is the why.
8. Check for congruence.
9. Identify each of the issues individually in multiple issue cases.
Source: https://www.youtube.com/watch?v=KK9ccgNjIY8
The Holding is the answer! Not the Dicta
Marks and Spencer and the taxman HMRC
http://www.telegraph.co.uk/finance/newsbysector/retailandconsumer/4514338/MandS-wins-13-year-dispute-with-tax-man-over-tea-cakes.html
- Facts of Case
- Procedural Posture
- Holding v Dicta
- Issues of Precedent
- Facts important to holding/how holding applies to new fact patterns
- Where case fits into course overall
- Important text
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