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How to write a case brief for law school: Excerpt reproduced from Introduction to the Study of Law: Cases and Materials ,
Third edition (lexisnexis 2009) by michael makdisi & john makdisi.
C. HOW TO BRIEF
The previous section described the parts of a case in order to make it easier to read and identify the pertinent information that you will use to create your briefs. This section will describe the parts of a brief in order to give you an idea about what a brief is, what is helpful to include in a brief, and what purpose it serves. Case briefs are a necessary study aid in law school that helps to encapsulate and analyze the mountainous mass of material that law students must digest. The case brief represents a final product after reading a case, rereading it, taking it apart, and putting it back together again. In addition to its function as a tool for self-instruction and referencing, the case brief also provides a valuable “cheat sheet” for class participation.
Who will read your brief? Most professors will espouse the value of briefing but will never ask to see that you have, in fact, briefed. As a practicing lawyer, your client doesn’t care if you brief, so long as you win the case. The judges certainly don’t care if you brief, so long as you competently practice the law. You are the person that the brief will serve! Keep this in mind when deciding what elements to include as part of your brief and when deciding what information to include under those elements.
What are the elements of a brief? Different people will tell you to include different things in your brief. Most likely, upon entering law school, this will happen with one or more of your instructors. While opinions may vary, four elements that are essential to any useful brief are the following:
(a) Facts (name of the case and its parties, what happened factually and procedurally, and the judgment)
(b) Issues (what is in dispute)
(c) Holding (the applied rule of law)
(d) Rationale (reasons for the holding)
If you include nothing but these four elements, you should have everything you need in order to recall effectively the information from the case during class or several months later when studying for exams.
Because briefs are made for yourself, you may want to include other elements that expand the four elements 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 expounding dicta might call for a separate section in your brief labeled: Dicta. Whatever elements you decide to include, however, remember that the brief is a tool intended for personal use. To the extent that more elements will help with organization and use of the brief, include them. On the other hand, if you find that having more elements makes your brief cumbersome and hard to use, cut back on the number of elements. At a minimum, however, make sure you include the four elements listed above.
Elements that you may want to consider including in addition to the four basic elements are:
(e) Dicta (commentary about the decision that was not the basis for the decision)
(f) Dissent (if a valuable dissenting opinion exits, the dissent’s opinion)
(g) Party’s Arguments (each party’s opposing argument concerning the ultimate issue)
(h) Comments (personal commentary)
Personal comments can be useful if you have a thought that does not fit elsewhere. In the personal experience of one of the authors, this element was used to label cases as specific kinds (e.g., as a case of vicarious liability) or make mental notes about what he found peculiar or puzzling about cases. This element allowed him to release his thoughts (without losing them) so that he could move on to other cases.
In addition to these elements, it may help you to organize your thoughts, as some people do, by dividing Facts into separate elements:
(1) Facts of the case (what actually happened, the controversy)
(2) Procedural History (what events within the court system led to the present case)
(3) Judgment (what the court actually decided)
Procedural History is usually minimal and most of the time irrelevant to the ultimate importance of a case; however, this is not always true. One subject in which Procedure History is virtually always relevant is Civil Procedure.
When describing the Judgment of the case, distinguish it from the Holding. The Judgment is the factual determination by the court, in favor of one party, such as “affirmed,” “reversed,” or “remanded.” In contrast, the Holding is the applied rule of law that serves as the basis for the ultimate judgment.
Remember that the purpose of a brief is to remind you of the important details that make the case significant in terms of the law. It will be a reference tool when you are drilled by a professor and will be a study aid when you prepare for exams. A brief is also like a puzzle piece.
The elements of the brief create the unique shape and colors of the piece, and, when combined with other pieces, the picture of the common law takes form. A well-constructed brief will save you lots of time by removing the need to return to the case to remember the important details and also by making it easier to put together the pieces of the common law puzzle.
D. EXTRACTING THE RELEVANT INFORMATION: ANNOTATING AND HIGHLIGHTING
So now that you know the basic elements of a brief, what information is important to include under each element? The simple answer is: whatever is relevant. But what parts of a case are relevant? When you read your first few cases, you may think that everything that the judge said was relevant to his ultimate conclusion. Even if this were true, what is relevant for the judge to make his decision is not always relevant for you to include in your brief. Remember, the reason to make a brief is not to persuade the world that the ultimate decision in the case is a sound one, but rather to aid in refreshing your memory concerning the most important parts of the case.
What facts are relevant to include in a brief? You should include the facts that are necessary to remind you of the story. If you forget the story, you will not remember how the law in the case was applied. You should also include the facts that are dispositive to the decision in the case. For instance, if the fact that a car is white is a determining factor in the case, the brief should note that the case involves a white car and not simply a car. To the extent that the procedural history either helps you to remember the case or plays an important role in the ultimate outcome, you should include these facts as well.
What issues and conclusions are relevant to include in a brief? There is usually one main issue on which the court rests its decision. This may seem simple, but the court may talk about multiple issues, and may discuss multiple arguments from both sides of the case. Be sure to distinguish the issues from the arguments made by the parties. The relevant issue or issues, and corresponding conclusions, are the ones for which the court made a final decision and which are binding. The court may discuss intermediate conclusions or issues, but stay focused on the main issue and conclusion which binds future courts.
What rationale is important to include in a brief? This is probably the most difficult aspect of the case to determine. Remember that everything that is discussed may have been relevant to the judge, but it is not necessarily relevant to the rationale of the decision. The goal is to remind yourself of the basic reasoning that the court used to come to its decision and the key factors that made the decision favor one side or the other.
A brief should be brief! Overly long or cumbersome briefs are not very helpful because you will not be able to skim them easily when you review your notes or when the professor drills you. On the other hand, a brief that is too short will be equally unhelpful because it lacks sufficient information to refresh your memory. Try to keep your briefs to one page in length. This will make it easy for you to organize and reference them.
Do not get discouraged. Learning to brief and figuring out exactly what to include will take time and practice. The more you brief, the easier it will become to extract the relevant information.
While a brief is an extremely helpful and important study aid, annotating and highlighting are other tools for breaking down the mass of material in your casebook. The remainder of this section will discuss these different techniques and show how they complement and enhance the briefing process.
Many of you probably already read with a pencil or pen, but if you do not, now is the time to get in the habit. Cases are so dense and full of information that you will find yourself spending considerable amounts of time rereading cases to find what you need. An effective way to reduce this time is to annotate the margins of the casebook. Your pencil (or pen) will be one of your best friends while reading a case. It will allow you to mark off the different sections (such as facts, procedural history, or conclusions), thus allowing you to clear your mind of thoughts and providing an invaluable resource when briefing and reviewing.
You might be wondering why annotating is important if you make an adequate, well-constructed brief. By their very nature briefs cannot cover everything in a case. Even with a thorough, well-constructed brief you may want to reference the original case in order to reread dicta that might not have seemed important at the time, to review the complete procedural history or set of facts, or to scour the rationale for a better understanding of the case; annotating makes these tasks easier. Whether you return to a case after a few hours or a few months, annotations will swiftly guide you to the pertinent parts of the case by providing a roadmap of the important sections. Your textual markings and margin notes will refresh your memory and restore specific thoughts you might have had about either the case in general or an individual passage.
Annotations will also remind you of forgotten thoughts and random ideas by providing a medium for personal comments.
In addition to making it easier to review an original case, annotating cases during the first review of a case makes the briefing process easier. With adequate annotations, the important details needed for your brief will be much easier to retrieve. Without annotations, you will likely have difficulty locating the information you seek even in the short cases. It might seem strange that it would be hard to reference a short case, but even a short case will likely take you at least fifteen to twenty-five minutes to read, while longer cases may take as much as thirty minutes to an hour to complete. No matter how long it takes, the dense material of all cases makes it difficult to remember all your thoughts, and trying to locate specific sections of the analysis may feel like you are trying to locate a needle in a haystack. An annotation in the margin, however, will not only swiftly guide you to a pertinent section, but will also refresh the thoughts that you had while reading that section.
When you read a case for the first time, read for the story and for a basic understanding of the dispute, the issues, the rationale, and the decision. As you hit these elements (or what you think are these elements) make a mark in the margins. Your markings can be as simple as “facts” (with a bracket that indicates the relevant part of the paragraph). When you spot an issue, you may simply mark “issue” or instead provide a synopsis in your own words. When a case sparks an idea — write that idea in the margin as well — you never know when a seemingly irrelevant idea might turn into something more.
Finally, when you spot a particularly important part of the text, underline it (or highlight it as described below).
With a basic understanding of the case, and with annotations in the margin, the second read-through of the case should be much easier. You can direct your reading to the most important sections and will have an easier time identifying what is and is not important. Continue rereading the case until you have identified all the relevant information that you need to make your brief, including the issue(s), the facts, the holding, and the relevant parts of the analysis.
Pencil or pen — which is better to use when annotating? Our recommendation is a mechanical pencil. Mechanical pencils make finer markings than regular pencils, and also than ballpoint pens. Although you might think a pencil might smear more than a pen, with its sharp point a mechanical pencil uses very little excess lead and will not smear as much as you might imagine. A mechanical pencil will also give you the freedom to make mistakes without consequences. When you first start annotating, you may think that some passages are more important than they really are, and therefore you may resist the urge to make a mark in order to preserve your book and prevent false guideposts. With a pencil, however, the ability to erase and rewrite removes this problem.
Why highlight? Like annotating, highlighting may seem unimportant if you create thorough, well-constructed briefs, but highlighting directly helps you to brief. It makes cases, especially the more complicated ones, easy to digest, review and use to extract information.
Highlighting takes advantage of colors to provide a uniquely effective method for reviewing and referencing a case. If you prefer a visual approach to learning, you may find highlighting to be a very effective tool.
If annotating and highlighting are so effective, why brief? Because the process of summarizing a case and putting it into your own words within a brief provides an understanding of the law and of the case that you cannot gain through the process of highlighting or annotating.
The process of putting the case into your own words forces you to digest the material, while annotating and highlighting can be accomplished in a much more passive manner.
What should you highlight? Similar to annotating, the best parts of the case to highlight are those that represent the needed information for your brief such as the facts, the issue, the holding and the rationale.
Unlike annotating, highlighting provides an effective way to color code, which makes referring to the case even easier. In addition, Highlighters are particularly useful in marking off entire sections by using brackets. These brackets will allow you to color-code the case without highlighting all the text, leaving the most important phrases untouched for a more detailed highlight marking or underlining.
Highlighting is a personal tool, and therefore should be used to the extent that highlighting helps, but should be modified in a way that makes it personally time efficient and beneficial. For instance, you might combine the use of annotations in the margins with the visual benefit of highlighting the relevant text. You may prefer to underline the relevant text with a pencil, but to use a highlighter to bracket off the different sections of a case. Whatever you choose to do, make sure that it works for you, regardless of what others recommend. The techniques in the remainder of this section will describe ways to make full use of your highlighters.
First, buy yourself a set of multi-colored highlighters, with at least four, or perhaps five or six different colors. Yellow, pink, and orange are usually the brightest. Depending on the brand, purple and green can be dark, but still work well. Although blue is a beautiful color, it tends to darken and hide the text.
Therefore we recommend that you save blue for the elements that you rarely highlight.
For each different section of the case, choose a color, and use that color only when highlighting the section of the case designated for that color. Consider using yellow for the text that you tend to highlight most frequently. Because yellow is the brightest, you may be inclined to use yellow for the Conclusions in order to make them stand out the most. If you do this, however, you will exhaust your other colors much faster than yellow and this will require that you purchase an entire set of new highlighters when a single color runs out because colors such as green are not sold separately. If instead you choose to use yellow on a more frequently highlighted section such as the Analysis, when it comes time to replace your yellow marker, you will need only to replace your yellow highlighter individually. In the personal experience on one of the authors, the sections of cases that seemed to demand the most highlighter attention were the
Facts and the Analysis, while the Issues and Holdings demanded the least. Other Considerations and
Procedural History required lots of highlighting in particular cases although not in every case.
Experiment if you must, but try to choose a color scheme early on in the semester and stick with it. That way, when you come back to the first cases of the semester, you will not be confused with multiple color schemes. The basic sections of a case for which you should consider giving a different color are:
Issue (and questions presented)
Holding (and conclusions)
Other Considerations (such as dicta)
Not all of these sections demand a separate color. You may find that combining Facts and Procedural History or Issues and Holdings works best. Furthermore, as mentioned above, some sections may not warrant highlighting in every case (e.g., dicta probably do not need to be highlighted unless they are particularly important). If you decide that a single color is all that you need, then stick to one, but if you find yourself highlighting lots of text from many different sections, reconsider the use of at least a few different colors. Highlighters make text stand out, but only when used appropriately. The use of many colors enables you to highlight more text without reducing the highlighter’s effectiveness. Three to four colors provides decent color variation without the cumbersomeness of handling too many markers.
Once you are comfortable with your color scheme, determining exactly what to highlight still may be difficult. Similar to knowing what to annotate, experience will perfect your highlighting skills. Be careful not to highlight everything, thus ruining your highlighters’ effectiveness; at the same time, do not be afraid to make mistakes.
Now that we have covered the basics of reading, annotating, highlighting, and briefing a case, you are ready to start practicing. Keep the tips and techniques mentioned in this chapter in mind when you tackle the four topics in the remainder of this book. If you have difficultly, refer back to this chapter to help guide you as you master the case method of study and the art of using the common law.
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How to Analyze Case Law
Last Updated: January 21, 2023 References Approved
This article was written by Jennifer Mueller, JD . Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006. There are 7 references cited in this article, which can be found at the bottom of the page. wikiHow marks an article as reader-approved once it receives enough positive feedback. In this case, 95% of readers who voted found the article helpful, earning it our reader-approved status. This article has been viewed 104,743 times.
When you hear the word "law," you may assume the word refers to statutes passed by Congress and state legislatures. But a major portion of American law actually is case law – the rules appellate judges distill from their interpretation of statutes and other sources. Accordingly, much of law school is spent learning how to analyze case law. However, attending law school isn't strictly necessary to acquire this valuable skill. You can teach yourself how to analyze case law, which begins – but doesn't end – with a thorough reading of the court's written opinion.
Summarizing the Facts
- The first time you read through a case, don't worry about trying to understand it. Just read for a sense of what's happening, who the major parties are, and what they want the court to do.
- Keep in mind that legal opinions aren't written for laypeople, or even for law students or attorneys – they are written for other judges. If you don't understand something (assuming you're not an appellate court judge), there's nothing wrong with that.
- You may have to go outside the opinion itself and look at other articles about the case, and then come back to it. For example, if you're reading a case that caused quite a stir in the media when it was decided, there will no doubt be newspaper and magazine articles about it. Reading those can help you better understand the court opinion.
- Many cases have summaries that appear before the case and let you know the basics of what happened, the issue before the court, and how the court resolved that issue. The summary can be helpful, but don't use it as a substitute for an initial read-through of the case.
- To make party identification even more confusing, party names may switch sides of the "v." in the case caption depending on who appealed. For example, suppose when a case began, Sally Sunshine sued Marvin Moon. The case's caption would be "Sunshine v. Moon." The trial court found in favor of Ms. Sunshine – but Mr. Moon appealed. The caption then became "Moon v. Sunshine."
- To continue the example, suppose the appellate court found in favor of Mr. Moon, but Ms. Sunshine appealed that ruling to a higher court. Now the case's caption is "Sunshine v. Moon" again.
- Since litigants in written opinions typically are only identified by their roles – appellant and appellee, for example – their names may only be mentioned once.
- Since the procedural history determines the role of the litigants, and thus what each of them is called throughout the written opinion, understanding how the case moved through the court system – who sued whom, and who appealed – is paramount to understanding the case.
- At the same time, you don't need to go into too much detail here. 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.
- At the appellate level, the courts are concerned with legal issues, not questions of fact. So, for example, if you are reading a case that came about as a result of a bar fight, the factual question of whether one party assaulted the other has already been resolved.
- In many cases, the initial facts that prompted the dispute may be summarized in a sentence or two. Often, what's really important is what happened afterward.
- Keep in mind that not all judges are the best writers. 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.
- As you read more and more cases, particularly if the cases you read are focused on a particular court, you will become familiar with the styles of individual judges. This can make it easier for you to immediately notice when the judge is focusing on facts he or she believes are central to the case's holding.
Identifying the Issue and Decision
- Essentially, you're looking for what the person who appealed the lower court's ruling wanted to happen, that didn't. To find the issue, you must figure out what that person thought the lower court did wrong, and why.
- This usually isn't about something as simple as one person believing he should have been awarded more money, or a criminal defendant not wanting to go to jail. That might be part of an appellant's personal motivation, but to have a legitimate appeal you must be able to point to some way that the lower court made a legal error.
- In many cases, the legal error isn't an obvious error. The lower court may have applied the law correctly – but the appellant is arguing that her case is different from the cases that developed the rule the lower court used, or that the lower court should have used a different rule.
- Often in Supreme Court cases, there isn't a rule that can be handed down from previous cases and applied in this case, because no court has ever decided a case like this one. In these situations, it's up to the court to figure out how to tackle this new issue, and where it fits in to the long line of American jurisprudence.
- In some cases, the issue before the court involves multiple yes/no questions, or a follow-up question that is conditional on the answer to the first.
- This usually happens when a particular factual situation present in the case has never been explored by any other court. The court must first determine whether a particular law applies to that factual situation at all before it can decide how the law applies.
- For example, suppose a baker has been fined by the local government for creating cupcakes with expletives written in icing. The court may first have to determine whether icing on cupcakes is the sort of speech or expression protected by the First Amendment, before it can reach the real issue of whether the baker's First Amendment rights have been violated.
- Some judges have a very clear, straightforward writing style, and they'll phrase the issue as a question and answer it directly. However, this isn't usually the case. In most written opinions, you should expect to dig for the question and answer, which you'll have to craft yourself.
- When more than one question is asked, sometimes the answer to the first takes care of all the others. To look at the earlier cupcake-icing example, if the court had determined that no, icing on cupcakes is not protected by the First Amendment, the second question disappears. You don't have to consider whether the baker's First Amendment rights were violated by the fine, because she didn't have any First Amendment rights in the first place.
- When the answer is qualified with a "sometimes," any conditional questions that follow likewise will have qualifications. #Note any significant dissents. In many cases, particularly at the Supreme Court level, a justice who disagrees with the majority will issue a dissent. 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.  X Research source
- There also may be concurrences, which are separate opinions written by justices who agree with the ultimate outcome of the case, but not with the reasoning the majority applied to get there. Often a concurrence can help you understand the majority's reasoning, particularly if it seemed convoluted on first read.
- Unless you understand where the case you're reading falls in the history and development of that particular area of law, you may not be able to recognize which other opinions are important until you do further research.
- If you're unsure, it's best to simply note other opinions – be they dissents or concurrences – and the key difference between them and the majority's opinion.
- Especially if you're reading a Supreme Court case, you also should note which justice authored the dissent or concurrence. As justices leave the court and are replaced, the values and judicial temperament of the majority also can change.
- A dissent from a decade ago may become a majority opinion tomorrow – often written by the same justice, now carrying the majority where he or she once held a minority view.
Understanding the Reasoning
- Make note of the case from which the rule came, although typically it's not necessary for you to go back and read the case itself to understand the rule.
- However, if a significant portion of the opinion discusses the previous case, you may want to go back and read it as well so you have a better understanding of what the court is talking about.
- 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.
- Most opinions won't be this direct, and require a closer analysis of the language to ascertain the rule the court used. Sometimes you can figure this out by working backwards. Read the court's decision, and then follow the court's train of logic in reverse until you reach the rule.
- The application of a legal precedent to the facts of a case is the heart of legal analysis. This typically is done using similes. 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.
- Keep in mind that, especially if you're analyzing a Supreme Court case, the court wouldn't have accepted that case on appeal if it didn't present a new issue that had not already been decided in an earlier case.
- For this reason, there likely won't be a precedent that is entirely on point, or a previous case with the same fact pattern in which the same issue was raised and decided.
- Rather, the court must compare cases to find a rule that applies closely and is based on a similar situation that is analogous to the dispute presented.
- Sometimes the easiest way to locate the court's pivotal fact or facts is to consider what would have happened if they'd chosen to focus on a different fact.
- 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. 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.
- Although many other facts may be relevant, or important to some other aspect of the case, those aren't the facts that made the court rule the way it did.
- No court case exists in isolation. Once a court issues a decision, the legal interpretation and rules it establishes become part of the larger body of law devoted to that particular issue. Each opinion helps future courts understand more about the statute or constitutional provision at the heart of the case.
- You don't have to wait for future courts to apply the rule you've just learned to other cases, however. Take the facts in the original case and twist them slightly, then apply the rule yourself.
- Law professors call these imaginary cases "hypotheticals," and spend a good portion of class churning them out and asking their students to apply the rule they've learned to sometimes bizarre and convoluted stories.
You might also like.
- ↑ https://www.gareth-evans.com/how-to-read-understand-and-summarise-legal-cases/
- ↑ http://www.lexisnexis.com/en-us/lawschool/pre-law/reading-a-casebook.page
- ↑ https://www.monash.edu/learnhq/write-like-a-pro/annotated-assessment-samples/law/law-case-note
- ↑ https://utas.libguides.com/legal_research/caselaw
- ↑ http://www.cengage.com/resource_uploads/downloads/0324654553_91282.pdf
- ↑ https://lawschool.westlaw.com/marketing/display/SG/3
- ↑ http://www.csun.edu/~kkd61657/brief.pdf
About This Article
Case law refers to the decisions appellate judges make from their interpretations of former cases. To analyze specific case law, you’ll need to read the case through and try to get a feel for how the court made their decision. It can be pretty complex when you’re 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. Once you understand the case, try to identify the legal rules the court used to make their decision. It’s also helpful to imagine different scenarios where the rule the case established could be applied, and whether or not the outcome would be the same. To learn how to focus on the most important facts of a case, read more from our Legal co-author! Did this summary help you? Yes No
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What is an example of a law school case brief template?
Here, we’ll provide you with a proposed case brief template as an example of how you might organize your own. We’ll then show you how this template would work in the context of a real case that you could be assigned in your first year of law school. Below, we provide you with more information on what to include in this template. Let’s start with the template.
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A case brief template: a sample for law students
Template of a case brief, name of case.
Start by saying the name of the case at the top of your case brief—for example, Smith v. Jones.
Identify the parties. Who is the plaintiff? The defendant? Once you identify who’s who, you might want to abbreviate the parties as “P” and “D.”
Identify the procedural posture of the case. Are we at the trial or appellate level? State or federal court? At which stage in the litigation was the case in when the issue arose?
Identify the legal issue that the opinion is addressing. Often, the cases assigned in a casebook are shorter excerpts of a much longer opinion, so the issue will be apparent. Be mindful of where in the casebook a particular case is being presented—i.e., if the case appears in a section on negligence in tort law, even if the court also mentions causation or damages, there’s a good chance the main issue will be negligence.
Briefly summarize the relevant facts of the case. The keyword here is relevant . An opinion will often include several extraneous facts that are not directly relevant to the court’s analysis. Feel free to add some irrelevant facts if they are necessary to understand what happened, but don’t get too carried away. For example, if a Torts case involves a motor vehicle accident, don’t get hung up on the color or make and model of the car unless the court makes clear that those facts are relevant in some way. On the other hand, you’ll surely want to include, for example, any information about whether a driver was distracted or trying to avoid an obstacle in the road. In other words, focus on legally significant facts . If you find yourself struggling with this, don’t worry! You will get better as time goes on!
Identify the rule of law that the court applied. This may be straightforward when, for example, the court applies a well-established negligence rule such as the reasonable person standard. On the other hand, this may be a bit more complex when the court fashions a new rule. For example, the court might be deciding an issue of first impression and have to decide whether an individual should be considered negligent simply for violating a statute—regardless of whether that violation was reasonable. Or, for example, the court might be applying a well-established rule to a novel factual scenario, and the mere application of the rule to that novel factual scenario creates, in effect, a new rule.
This is where you need to describe the court’s reasoning. If the court applied a well-established rule, explain how the court applied that rule to the facts. Which facts were most relevant? Which were insignificant? If the court fashioned a new rule, on the other hand, explain how the court developed the rule and why it chose to do so.
This is the court’s legal conclusion. For example, did the court hold that the defendant was negligent under a particular set of facts? The holding can be thought of as the product of the rule of law and the analysis. Be careful not to confuse the holding with the court’s judgment, which we’ll discuss below.
This is where you should describe the court’s ultimate disposition of the case. Did the court grant or deny a motion? Affirm or reverse a lower court? The judgment can usually be just a few words at the end of your case brief.
If the court provides any public policy reasons for its adoption of a new rule—or its application of an old rule to a novel situation—you may want to briefly note those reasons here. Put simply, policy usually consists of the court explaining the purpose of a rule and its application to a particular factual situation.
Sometimes the court provides an extended discussion of an issue that is not necessary to reach the holding. This is known as “dicta.” And although it might provide insight into how the court will address similar situations in the future, it is not considered essential to the court’s holding and thus is not binding law. Of course, lawyers (and judges) may disagree about just what constitutes dicta and what doesn’t, but in any event, if you think the court provides useful dicta, it may be worth jotting down a brief sentence or two.
Not every case has a dissenting opinion, but if your casebook includes one, it’s not an accident. Oftentimes, a dissent can be just as important as a majority opinion, especially if it highlights a major disagreement in the law or points out significant gaps in the majority’s reasoning. Further, there’s a good chance that your professor will want to discuss it. In short, jotting down one or two sentences about the dissent’s point of view will get you thinking about the case from a different perspective and will make you even more prepared for class discussions.
Sample of a case brief
Now that you’ve seen how a brief should be organized, let’s apply the above template to one of the most famous cases that you’ll study in your first year of law school: Palsgraf v. Long Island Railroad Co. (248 NY3d 339 ). This case was decided by the New York Court of Appeals in 1928, and the author of the majority opinion is Benjamin Cardozo—a prolific jurist who later went on to serve as an Associate Justice of the United States Supreme Court.
Palsgraf v. Long Island Railroad Co.
Helen Palsgraf is the plaintiff (P) and Long Island Railroad is the defendant (D).
The jury found for P in a negligence suit. D appealed. The appellate division affirmed, 3-2. D appealed to the court of appeals.
Is D liable for causing P’s injuries? More specifically, did D owe a duty to P rendering D liable to P for the conduct of the guards?
Two men were running on a train platform to catch a train. One of the men was carrying a package and seemed unsteady. A guard on one of the train cars reached out to help the man, and a guard on the train platform—who was also trying to help—pushed the man from behind. In the process, the man lost his grip on the package and it fell onto the rails. The package was small and appeared unremarkable, but it contained fireworks and exploded when it fell. The shock of the explosion threw down multiple scales at the other end of the platform. One of the scales struck P, causing injury.
A D owes a duty to a P when the “orbit” of danger to P is reasonably foreseeable—i.e., a danger that would be foreseen by the “eye of reasonable vigilance.”
Negligence is based on the relationship between the parties. The relationship between P and D is expressed by a duty that D owes to P. Unless D violates that duty, there is no negligence. In short, there must first be a duty relationship between P and D in order for there to be any possibility of finding D negligent. The duty that D owes to P extends as far as the eye of reasonable vigilance would reasonably foresee a danger to P. If a P can pass through this rigorous test of negligence at the front end, a D is liable for all consequences of his actions.
Here, the danger to P was not reasonably foreseeable by the eye of reasonable vigilance, so D did not owe a duty to P. D owed a duty to the man who was running to catch the train, and the conduct of the guard invaded the man’s property interest, but P cannot sue to vindicate this interest. However, P could potentially sue the man with the package containing fireworks.
Under these facts, D did not owe a duty to P and was therefore not liable to P for her injuries.
The decision of the appellate division is reversed.
If railroads could be held liable for this type of situation, they would be forced to raise ticket prices, etc. Further, it would be impractical for a railroad to check every package in order to guard against this type of danger.
The issue of whether a duty exists is a question of law for a court to decide, but if it is unclear whether a danger to a prospective P was within the orbit of reasonably foreseeable harm, then the court should send the case to the jury.
Judge Andrews argued that the question of duty should focus on the relationship between a D and society, not a D and a particular P. If a D acts unreasonably, he is liable to anyone who is injured as a result, regardless of whether the injured P is in the zone of reasonably foreseeable danger. Even if no reasonably foreseeable harm results from a D’s actions, he is still liable because negligence itself is unreasonable. Contrary to Judge Cardozo’s approach of making the negligence test rigorous at the front end by limiting the definition of duty, Judge Andrews would use proximate cause in a policy-oriented way to limit liability at the back end. In other words, courts should employ proximate cause to draw a line where the law declines to further trace a series of events due to social policy considerations.
So, there you have it. You’ll notice that in the above sample, the outline of the dissenting opinion was a bit longer. This is because Palsgraf involves such a stark difference of opinion and reasoning between the majority and dissent. Other than this, the above sample is a pretty standard case brief. You should now feel prepared to tackle a case brief of your own!
Go to the next topic, Why shouldn’t I brief cases in law school?
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During my career, I have been involved in many cases in a wide variety of different areas. What follows are a sample of some of these cases.
Legroulx v. Pitre: Striking Jury Notice, Charter of Rights and Freedoms and Rules of Civil Procedure
Background: A complicated action was proceeding in Ottawa before Justice Denis Power and a jury. The plaintiff’s injuries, arising out of a car accident, raised difficult issues of causation and required that complex medical evidence be heard. The plaintiff’s lawyers considered the medical issues were too complex for the jury and brought a motion to
Clare’s Case: Labour Law, Duty of Fair Representation and Ontario Labour Relations Board
Background: Clare had been working for General Motors for 23 years before his termination. The company claimed that he had threated a supervisor after being told that a urine sample he had given was diluted. Clare denied the allegation and asked the Union, Canadian Auto Workers Local 222, to grieve the termination. He communicated frequently
F.A.’s Case: Criminal Law, Appeals, Sexual Assault and Ineffective Assistance of Counsel
Background: F.A. worked in a medical facility with a much younger female co-worker. There was flirting between them. They went out together one evening, meeting up in a park and later driving around in F.A.’s car. He said he had a surprise for her at the office so they parked close by. Instead of going
Patrizia’s Case: Appeals, Civil Litigation, Negligence and Minimum Maintenance Standards
Background: Patrizia was driving to work early on a snowy morning in April. The roads in Milton were snow covered and slippery. Weather forecasts from the day before predicted an 80% chance of snow, yet the Town of Milton had not scheduled an evening patrol to monitor the roads and clear the snow. Tragically, as
Lucia’s Case: Appeal, Civil Litigation, Jurisdiction and Forum non Conveniens
Background: Lucia resides in Ontario with her family, and was involved in a car accident in Michigan. She brought suit in the Ontario Superior Court of Justice against the driver and owner of the vehicle, as well as her own insurer given that the Michigan defendants claimed the accident was caused by an unknown vehicle.
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Using legal case study analysis example for various reasons
Students require legal case report examples for a variety of reasons. Some students find it challenging to comprehend the questions about their case studies. They do not have time for anything else besides their case studies about law assignment help . These factors will compel you to seek a source that can give you trustworthy legal case study samples.
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About examples of legal case studies
Any case study must begin with a thorough investigation of the brand. It is essential to include a legal case review by explaining pertinent information and facts regarding the organization you are writing about. The case study you are producing will need to be flawlessly written, formatted, and researched, among other things.
Legal case analysis template/format
- Name of case
- Policy (optional)
- Dicta (optional)
- Dissent (optional)
Legal case report example
The plaintiff (P) is Helen Palsgraf, and the defendant is the Long Island Railroad (D).
In a negligence case, the jury ruled in favor of P. D filed an appeal. The appeal division ruled in favor of the plaintiffs. The court of appeals heard D’s case.
Is D responsible for P’s injuries? Did D owe P a duty, making D accountable to P for the guards’ actions?
Two men were hurrying to catch a train on a railroad platform. One of the males appeared to be wobbly while holding a bundle. A guard on one of the train carriages reached out to assist the man, and the other guard on the railway station, who was also attempting to help, shoved him from behind. The man lost his grasp on the cargo during this process, and it tumbled onto the tracks. The gift was little and unimpressive initially, but it contained fireworks, which burst when it hit the ground. Multiple scales at the other end of the platform were knocked down by the explosion’s shock. P was injured when one of the scales collided with him.
When the “orbit” of danger to P is reasonably foreseeable—that is, a hazard that the “eye of reasonable vigilance would foresee”—a D has a responsibility to P.
Under these facts, D did not owe a duty to P and was therefore not liable to P for her injuries.
The appellate division’s ruling has been overruled.
If railroads were judged accountable for such an incident, they would be required to hike ticket costs, among other things. Furthermore, inspecting every box to defend against this type of threat would be impractical for a train.
The existence of responsibility is a legal question for a court to resolve. Still, if it’s uncertain whether a danger to a potential P was within the realm of reasonably foreseeable harm, the court should refer the case to a jury.
Nature of examples of legal case studies
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Most Popular FAQs Searched By Students:
Q.1 How to write a legal case study?
Ans. You must identify the objectives for the stated case study that you are writing, which should be written in a questioning manner. At this point, you must summarise the case study’s entire problem.
Q.2 What is an example of case law?
Ans. There is minimal case law determining whether mandatory vaccinations are acceptable. Still, given the severity of the public health problem, judges may be likely to allow employers to compel the reports.
Q.3 How do you write a legal case analysis?
Ans. Each issue should be no more than a sentence long. Here you will detail all the claims made by both parties to support their case. Separate paragraphs should be used to frame the judgment or holding in the order of issues or contentions.
Q.4 What are the 3 basic case types?
Ans. Federal courts mainly hear criminal, civil, and bankruptcy cases.
Q.5 What is the IRAC method of case analysis?
Ans. Use the “IRAC” method (Issue; Rule; Application; Conclusion). Write a succinct description of the facts as the court found them for case briefs only.
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Criminal Law: Analysis of Case Study
Julio Manga, his wife and Jonathan Brown dined together at their apartment. Some of the things they were doing included smoking marijuana and other drinks. Since they are all supposedly smoking marijuana, a concerned citizen called the 911 hotline to report the event. The citizen notifies the police that, in addition to smoking marijuana, these individuals have firearms that may or may not be legally held.
Jonathan Brown conceals his weapon between the pillows of his chair to evade arrest after being summoned by the police. According to Criminal Act, Title 5, Controlled Dangerous Substances, Prescriptions, and Other Substances, Jonathan knew that possessing an illegal firearm would lead him to thirty years of life imprisonment. However, the policemen discovered the concealed firearm and three other handguns during their investigation (Saylor & Buchanan, 2021). Additionally, police revealed that these pistols were not registered properly. Also, during the police inquiry, a large amount of marijuana is uncovered.
Is it true that Jonathan Brown, Julio Manga, and his wife committed any criminal charges in violation of the Maryland Code of Conduct?
The Maryland code of conduct is primarily intended to protect the security of the state’s borders and maintain law and order. According to the case study, Julio Manga, Jonathan Brown, and their other companions broke Maryland state law. Undoubtedly, each of these individuals violated a special provision of Maryland’s criminal code. They were charged with two felonies. To begin, the three committed a felony under Title 5, Controlled Dangerous Substances, Prescriptions, and Other Substances, which is a federal crime. Possession of marijuana, an illicit substance, was expressly outlawed under this section of the law, and the three were in breach of this portion of the law. Apart from that, they repealed “subtitle 10—Drug and Alcohol Grants Program and Fund,” which remains a part of “title 5 of chapter five of the penal code.” (Reuters, 2022). As a result, the judicial system must ensure that three citizens are prosecuted for their crimes.
Second, the three citizens were charged with unlawful possession of pistols, a misdemeanor. ‘Weapon and Crime’ is the fourth criminal law that deals with weapons and crime. The second subtitle of the fourth title of this criminal law offers different rules on how public members should behave, particularly while in possession of lawfully registered firearms. By contrast, the law prohibits the possession of any firearm that has not been registered with the relevant government (Schneider et al., 2020).
The state police entered the residence of Julio Manga, and four handguns were discovered. According to officials, all three weapons recovered were not lawfully registered. As a result, the country’s legal system should operate normally in such a circumstance. Additionally, the case study illustrates that the Maryland police department is hyperaware of vulnerability risks and was overly responsive in this circumstance (Crifasi et al., 2019). When such situations are investigated promptly, the police system can recover several instances of criminal conduct from the scene.
The citizens analyzed in the case act are guilty persons because they have violated several laws. First, Criminal Act, Title 5, Controlled Dangerous Substances, Prescriptions, and Other Substances, was violated because marijuana in the home had no legal basis for use and was illegally in possession. “In Maryland, marijuana is listed as a Schedule I controlled hallucinogenic substance. Simple possession (possession without the intent to distribute) of less than 10 grams in Maryland is a civil offense (fine not exceeding $100 for first-time offenders, $250 for second-time offenders, and $500 for third or subsequent offenders)” (Norml, 2022). Since the rule was not observed, the individual is rightly imputed to the fault. As for weapons, the ‘Weapon and Crime’ law was violated, which prohibits the possession of weapons without a license. “Illegally carrying a firearm in Maryland is a misdemeanor” (Houlon Berman, 2022). Thus, two US laws were violated, respectively two crimes were committed.
The initial study demonstrates that the Maryland Code of Conduct and Laws were enacted to maintain peace and order among the state’s residents. The citizen who reported the case to the police also performed his right to report any case that may risk their lives of the lives of their neighbors. The investigation revealed that Jonathan Brown violated Titles 4 and 5 of the criminal code. He took issue specifically with subtitles two and ten, which he disliked. As a result, the legal system should use extreme prudence in this instance.
Braun, M. R. (2018). Re-assessing mass incarceration in light of the decriminalization of marijuana in Maryland. Legal Framework , 49 , 24.
Crifasi, C. K., Merrill-Francis, M., Webster, D. W., Wintemute, G. J., & Vernick, J. S. (2019). Changes in the legal environment and enforcement of firearm transfer laws in Pennsylvania and Maryland. Injury Prevention , 25 (Suppl 1), i2-i4.
Houlon Berman. (2022). Gun charges in Maryland and their consequences . Web.
Norml. (2022). Maryland laws and penalties . Web.
Reuters, T., 2022. Browse – Maryland Code and Court Rules . Web.
Schneider, K. E., Park, J. N., Allen, S. T., Weir, B. W., & Sherman, S. G. (2020). Knowledge of Good Samaritan Laws and beliefs about arrests among persons who inject drugs a year after policy change in Baltimore, Maryland. Public Health Reports , 135 (3), 393-400.
Saylor, E., An, S., & Buchanan, L. B. (2021). The first amendment, religious freedom, and public schools in the south. The Social Studies , 1-12.
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Case Study Solution
Example of case analysis law.
Example Of Case Analysis Law In America (1955; reprint) First, let’s examine the different cases in which the District Court held that the Commission erred in finding that Mr. Douglas had abandoned her from the date of termination to the date of her death. Obviously, the judge properly took into account the fact that by her death and subsequent inability to file a motion to terminate, Mr. Douglas had abandoned her for life. But what he did not consider was the fact that her place of residence and the date of death, a specific date that the Commission held insufficient for such to carry its judgment. Second, and most significantly, this testimony was taken in order to further the Court’s argument that the Commission erred, despite the fact that it knew of a question which cannot be answered without resorting to circumstantial evidence. It is not that the Commission should be allowed to consider a more complex issue, read review it is at the heart of its analysis.
Porters Five Forces Analysis
Under certain circumstances, the possibility of wrongful abandonment as a fact is not necessarily a strong basis for applying the decision by the Commission to a case turned on its face, as is apparent from these examples. The Court found not the opinion of an expert—the only one that addresses this matter in detail—but one conclusion arrived at by examining the record, as other experts concluded. It said that the body of relevant evidence was not admissible at trial against Mr. Douglas because of his age. When the record turns to the commission’s position upon the question whether he had abandoned Mrs. Gentry, the question is not whether the words in the commission’s opinion should describe the termination of Mrs. Gentry’s employment.
Problem Statement of the Case Study
Rather, it is what is relevant to the best interests of the individual who is confronted with the decision after the fact. With that evidence, Mr. Douglas’s contention of abandonment is denied. Second, the Court went on to say that the Commission should consider the following testimony: While he was leaving her, the Commission was asked if he had abandoned her. He said he had. The Commission replied, “Your Honor, we have what might be called the best interest of a person in his situation—if he still had a job.” Without specifically addressing that testimony, he offered a ten-page rebuttal to that testimony, with the main argument being that the death penalty should be imposed on Mr.
Douglas. The Court pointed out that it used the case of Burris v. Morgan, 327 A.2d 498 (Me. 1976), in support of that conclusion. It said it did not use Burris on the issue of abandonment. In that case, a case decided by the commission, the judge read and rejected a test he said was designed to test a person’s motives in the termination of employment.
He considered the testimony as a test applied evidence, was here only to support the view that the commission should consider evidence which cannot be given weight by such a body of competent witnesses, and he again quoted Burris. Three weeks later after this appeal, the Court went home and heard argument on that issue. It concluded that the Commission should put in evidence a live memorandum by Douglas, noting that “the Commission agreed it had been asked to do business with the case.” The memorandum was not properly before this court, but some weeks later inExample Of Case Analysis Law Let’s start with a simple formula for defining the “law of the process”. Then there are two ways of getting started and understanding analysis. First, you can use analysis in the following ways – where you read about the process of obtaining the material and then analyzing it a bit further from the original. That’s all for this next section.
As you become more accustomed to the analysis of several areas, chapter 1 of The Language of Analysts follows. Our general goal here is to get you started. First off we have a set of functions that you can use for your second question. Data Interpretation Functions Now introduce an example of a data collection function that I’ll detail in the next section. Let’s say you had this function you can use in a program that uses some functions from relational database and then write a SQL query to do your data discovery. This is very similar to SQL, but when you use the tables in a relational database like B2V or MySQL, you need to use the columns to identify what needs to be done. These simple case analyses which include this function should give you some insight to the problem.
Is there a problem with column definitions? Is this a constraint on data sets? Do redirected here need to use a column definition or is that not just a data type that I’m expecting? Or is I simply not using it enough? Some names like “property” describe, “relation” are defined, etc. Now maybe you don’t just have a big data collection that will use the column definitions but the data as they come to represent a human with a lot of observations which you can then plug in. Data items might make the assignment to a relational database easier and allow you to gather data for some other purposes, but for instance “proper” data is not appropriate just based on observations. Here are some details of logic – What concerns me most is you aren’t just passing a physical data entry into a relational database but also can’t use columns and tables without a hand to understand how this works. What I’ve used in data analysis in the past (The Math That No One Can Be Who You’re By) Most of this is based on working in data that can access several different databases. The use of the rows or columns on the table data table is not included. You can also use fields to store things like data types or types of records.
If you add more references to the records, however, the details get lost. For example, some of the “data rows” mentioned above are different when you want to show just the data in your database. You can use a table or fields value to do this. You can more query the specific fields and store items for use later. We’ve all got data that a model can tell us more about than some things that are important to understand just a little go to my site more about the data generation process. Have you been by some success? This is the general idea we’ve developed in the previous section. Reading the English isn’t something easy, but when I look at the language and how to apply it to the data, I’d like to know what data is relevant and what information is not.
Here I want to repeat myself in the same way I wrote it above, and then write the same data but for the data generated by SQL or other statistics software. If I can use that data in my analysis method then I should. However, we don’t want it in any of the data generation methods you’re seeing in our database; instead it’s just a data that’s introduced in the model in a dataset that can understand the other data used in it. What I think you need to do in the future is to combine any three data types to have you better understanding. These are variables that I want to show you, but you’ll want to ensure that you keep a track of your data in a common database. Instead of using the data that needs a lot of analysis these days, if you don’t know what you need then use my link of the data types it could make sense to add an additional column or table nameExample Of Case Analysis Law of the Case – M. P.
Recommendations for the Case Study
Chonk (1910), “Clinical Review”, The Basic Writ (1939), Review Of Scientific Cases, Ch. 7, p. 585 There is a sharp distinction between study of general opinion analysis and real debate in the study of subjective opinion. In the report of the Committee “A Case in Principles of Ethics and Jurisprudence of ICTs” (CIP) published in the February 28, 1940, paper, the committee stated that the Committee’s views were influenced on “two simple observations: The use of the common method for testing the character and reliability of data is one of the great advantages of the method ICTs can have for doctors”, The article continued with “There are many known technical methods for this purpose. (On the example of the determination of the origin of blood in the course of sexual play.) Though different methods were employed, they all have the advantage of an objective reality study; the objective reality proof has been checked. The objective reality of ICTs becomes a human reality; any attempt at that reality is a mistake”, the committee pointed out.
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Mar 19, 2020
6 Steps To Write A Flawless Legal Case Study
As a law student, you will need to get through complex case studies and present accurate analysis of those cases. But anyone pursuing a law degree knows that working on such case study analysis is, by no means, simple. However, most of the time, the difficulty arises from the lack of understanding about how to approach the legal case study analysis.
Now, if you’re having the same difficulty in preparing a legal case study, then you need to learn about the steps properly and go through some legal case analysis examples . The steps of preparing legal case studies are elaborated below.
Steps to Prepare A Legal Case Study Analysis
Step 1: read the case thoroughly.
You should carefully go through the case at least once until you can figure out which facts are most vital for the case or begin analysing the court’s holding. It’s hard to accurately determine what was central to the court’s reasoning until you’ve read the case all the way through.
The first time you go through a case, don’t think about figuring it all out at once. Just read to get a sense of what’s happening, who the major parties are, and what they want the court to do.
Step 2: Outline the case’s procedural history
All written court decisions consist of a case that has been through at least one round of appeal. Hence, as a law student, you should be able to identify the path this particular case followed from the initial lawsuit to the court proceedings that ultimately developed the opinion you’re reading.
The procedural history elaborates on the role of the litigants, and thus it imperative to know what each of them is identified as throughout the written opinion. You need to also understand how the case moved through the court system, who sued whom, and who appealed in order to prepare a solid analysis.
Step 3: Identify the relevant facts
At the basis of every legal case, there has to be a story of a dispute between two parties. However, not all of the facts and circumstances associated with this dispute will be significant to the holding of the case. To evaluate the legal case, you must decipher which parts of the story are relevant to the issue highlighted in the court that made the decision.
In many cases, the initial information that prompted the dispute may be summed up in a sentence or two. Often, what’s really essential is what happened afterwards. Just like Samsung SWOT analysis for reference.
Step 4: Present the issue as a yes/no question
The easiest way to decipher a court’s analysis and reasoning of the legal issue is to create a question that relates to the case. You can phrase the question in a manner that can be answered with a straight yes or no.
In many cases, the issue before the court may raise multiple yes/no questions, or a few follow-up questions that are based on the answer to the first. This usually happens when a specific factual situation present in the case has never been explored by any other court. The court must first understand whether a particular law is applicable to that factual situation at all before it can determine how the law applies.
Step 5: Provide the court’s answer to the question
After you’ve rephrased your issue as a question that can be addressed with a yes or no, in many cases, the court’s answer will be one of these words. However, some cases may also involve more nuanced response, like “sometimes” or “maybe.”
Some judges possess a clear, simple writing style, and they’ll phrase the issue as a question and address it directly. However, this isn’t ideally the case. In most written opinions, you will have to determine for the question and answer all by yourself.
Step 6: Emphasis on the facts that the court found most important
Among the relevant facts you’ve already identified related to a specific legal case, some will be more significant than others because they reflect the reason the court decided on one rule over another.
Sometimes the simple way to find the court’s fact/facts is to think about what would have happened if they’d decided to focus on a different fact. Even though many other details may be relevant, or important to the case, those aren’t the information that made the court rule the way it did.
These steps will ensure that your legal case study analysis turns out perfect.
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An case study examples on law is a prosaic composition of a small volume and free composition, expressing individual impressions and thoughts on a specific occasion or issue and obviously not claiming a definitive or exhaustive interpretation of the subject.
Some signs of law case study:
- the presence of a specific topic or question. A work devoted to the analysis of a wide range of problems in biology, by definition, cannot be performed in the genre of law case study topic.
- The case study expresses individual impressions and thoughts on a specific occasion or issue, in this case, on law and does not knowingly pretend to a definitive or exhaustive interpretation of the subject.
- As a rule, an essay suggests a new, subjectively colored word about something, such a work may have a philosophical, historical, biographical, journalistic, literary, critical, popular scientific or purely fiction character.
- in the content of an case study samples on law , first of all, the author’s personality is assessed - his worldview, thoughts and feelings.
The goal of an case study in law is to develop such skills as independent creative thinking and writing out your own thoughts.
Writing an case study is extremely useful, because it allows the author to learn to clearly and correctly formulate thoughts, structure information, use basic concepts, highlight causal relationships, illustrate experience with relevant examples, and substantiate his conclusions.
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Poole Borough Council v GN  UKSC 25
Decided in June this year, Poole Borough Council v GN constitutes the latest episode in the series of cases dealing with public body liability and is therefore essential knowledge for anyone considering the duties of such defendants towards others. As with similar cases, understanding in Poole necessitates first understanding the factual framework of the case, before inferences can be made regarding its effect on legal principle.
The claimants were two children (ages nine and seven) living in council accommodation with their mother in Poole (i.e. the defendant's jurisdiction) from 2006. The older of the two, who was severely disabled, required significant care, and to this end the defendant council had adapted the house and provided a number of social and health services. Their allocated house, however, was next door to a family that – to the defendant's knowledge – had a history of anti-social behaviour. This history realised itself when the next door neighbours engaged in a campaign of targeted harassment and abuse against the claimant family, including physical assault, vandalism and threats thereto. These were reported, and a variety of punitive measures were applied to the neighbours, including injunctions, contempt of court proceedings, anti-social behaviour orders, and prison sentences, although these did not abate the behaviour. The claimants' mother then contacted both her local and national representatives and the media, resulting eventually into a report into the issue, which was critical of both council and police failures.
As a result of the harassment, the younger of the two claimant children began to suffer from mental health issues, expressing suicidal wishes across 2008 and 2009, running away at one point and leaving a suicide note. After this incident the claimant was both referred to mental health services and provided with psychotherapy. Across the following two years, the claimant was assessed and reassessed by the defendants' services, although it would later emerge that these reassessments were made necessary by repeated failures to properly account for the claimant's mental health condition(s.) The claimant family was eventually moved to a different property in 2011.
Following on from the above facts, the claimants made a claim against the defendant on the basis that they had suffered physical and psychological harm from the abuse and harassment from the neighbours. This was based on the proposition that the defendant had two concurrent duties towards the claimants: firstly, that a duty existed with regard to the council's housing functions, and that this duty extended to preventing the family from abuse and anti-social behaviour of the type suffered. Secondly, it was asserted that a duty existed under s.17 and s.47 of the Children Act 1989, which was not met as a result of their continuing living conditions.
At trial, both claims were struck out, on the basis of an assertion that X (Minors) v Bedfordshire County Council prevented duties from arising with regard to how public authorities exercised their powers. The claimants then appealed the decision with regard to the second duty (only.) This appeal was allowed, on the basis that D v East Berkshire Community NHS Trust provided that claims against public authorities are not prohibited, and instead that the claimants' case merited a full examination. This appeal was successful, albeit resulting in a further appeal by the defendants.
The primary issue in question was the same one as seen in a variety of public body liability cases: did a common law duty of care exist between the defendant public body and the claimants? This determination, however, is better characterised as asking two component questions:
- Does a general rule exist preventing a duty of care from arising?
- Does a duty exist to prevent the harmful actions of third parties from manifesting themselves?
Regarding the existence of a general rule against imposing liability, the court affirmed that this did not exist, regarding X (Minors) v Bedfordshire to have been misapplied, both at trial, and in other cases where it was suggested that the case prevented a duty from arising.
Regarding the second question of a duty existing with regard to the actions of third parties, it was held that given the facts at hand, a duty could not be said to arise. This decision was arrived at via the application of assumption of duty mechanism (as exemplified in Dorset Yacht Co Ltd v Home Office.) It was noted that a distinction need be made (in accordance with the aforementioned X (Minors) v Bedfordshire) between cases in which services are offered which involve an assumption of responsibility – such as those involving hospital treatment or the acceptance of pupils into a school – and those which do not. The case at hand was regarded as failing into this latter category: it could not be demonstrated that either implicitly or explicitly, responsibility had been assumed by the defendant to prevent the actions of malicious third parties. It could not be shown that there was reliance on the defendant's services that amounted to an assumption of responsibility with regard to third party acts. Further, it was noted that the defendant had explicitly considered whether it should take the claimants into care (and thus assume responsibility for them) but had decided not to do so.
In summary: a duty of care can exist if public authority services are performed negligently, but, in line with tort law at large, there is no general duty to prevent the actions of third party malfeasors. Whilst such a duty might be imposed via an assumption of responsibility, this is by no means a given.
Thus the appeal failed, albeit for slightly different reasons than those given in the lower court.
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Finding a Duty: Operation versus Policy
Poole Borough Council v GN fits into a larger framework of cases regarding public authority liability. Unfortunately, as might be inferred from the judiciary's wrangling of prior cases this framework is by no means clearly defined (e.g. different elements of X v Bedfordshire are used to both support and oppose the claimants' claim in different ways.) This is perhaps because public authorities tend to constitute the exceptions to general rules: they are not given special protection per se, but tend to enjoy the benefits of the law's numerous control mechanisms.
It is first relevant to note that there exists no general immunity for public authorities by merit of status alone: the notion of state immunity was done away with some 150 years ago, as per Geddis v Proprietors of the Bann Reservoir.
Instead, the test for public body liability is the same as for any other defendant in tort: where actions are in question, Caparo Industries v Dickman, and Robinson v Chief Constable of West Yorkshire Police determine duty: where facts are similar, Robinson will provide for a duty, and where they are not, the Caparo test will be applied. However, unlike the average defendant, public bodies will often benefit from the 'fair, just and reasonable' aspect of the test – although not always. This can be seen in the case at hand: Lord Reed notes (at 74) that X (Minors) v Bedfordshire should not be read as providing a blanket assertion that it is not reasonable to impose liability in any situation involving public policy. Instead, Lord Reed posits that Robinson reasserts the need to consider each case on its own merits, regardless of the innate characteristics of the defendant. Whilst clarified now, the courts can be seen to struggle with attempting to implement a bright-line distinction between tort-'worthy' activities of public authorities and unworthy activities. Indeed, as per East Suffolk Rivers Catchment Board this line was previously drawn between policy decisions and activities of public bodies: as long as a harmful action was attributable to a reasonably implemented policy, empowered via statute (as practically all public authorities are) then it was regarded as illegitimate to impose a duty. Such a distinction substantially remains in place, albeit on a non-bright line basis. As discussed in the case at hand, Michael v Chief Constable of South Wales concludes that a failure by police to promptly attend an emergency call will not give rise to a duty, as long as that failure is attributable to existing policy (i.e. to categorise emergency calls according to perceived priority.)
It is for these reasons that the first major point of law from the case at hand emerges: it affirms that any application of X (Minors) v Bedfordshire that relies on there being a bright line distinction between action and policy is faulty – and that the court of first instance had erred in striking out the case on a mistaken belief that a duty could never arise as a result of policy decisions.
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The second main point of law in Poole arises from its analysis of the how a public authority might be held liable for its omissions. Again, as with other aspects of public body liability, the primary communication from the court appears to be that public bodies are subject to the same principles as any other defendant – including the principles governing liability for omissions (or general lack thereof.) Indeed, it is telling that Dorset Yacht Co v Home Office is itself a public body case, stating that assumed responsibility is one of the few means of establishing a duty to avoid harmful omissions. More recent cases fit into this pattern too. The conjoined appeals of D v East Berkshire Community NHS Trust are particularly illuminating, given the similar characteristics of the claimants. In short, claims were brought on the basis that the defendant had mishandled investigations into child abuse, declaring there to be abuse when in fact the purported victim was suffering from rare disorders which merely gave the appearance of abuse (brittle bone disease and a blood disorder.) In considering whether a duty existed, the court found that responsibility had been assumed by the defendant towards the involved child, but not towards their parents.
Poole applies this same model, even if the end result is to deny the existence of a duty. This is demonstrable: Lord Reed notes (at 81) that the council had conducted investigations into the welfare of the claimants and had concluded that there was no need to take the pair into care, and thus had explicitly considered whether it should assume responsibility for them or not, deciding in the negative. It is important to note, however, that this does not mean that taking children into care is the only way that duty might be assumed – indeed, Lord Reed notes this as well (at 89): whether responsibility has been assumed will turn on the facts of a given case. Again, this relates back to the first main point made by the court: public authority liability turns on the facts of the case, rather than the status of the defendant.
Neither of these main points should be regarded as particularly surprising: the courts have been remiss to make declarations of blanket liability or immunity for some two decades in the wake of Osman v UK, with both Osman and similar cases noting that the human rights provisions enshrining a right to fair trial (and thus a right to have a case considered on its individual merits.)
Poole Borough Council v GN can thus be seen as somewhat of a strange case, although one which addresses a strange aspect of tort law. At first glance, it appears to simply affirm established principles of tort and their application to public bodies – hardly a revolutionary act. However, the importance of this affirmation becomes clearer when the development of public body liability is traced, and it noted that there has historically been a certain level of disarray, with previous cases indicating much confusion has arisen as to the status of the public body defendant. This is why Poole will likely stand as a leading case for some time, as with Robinson: it undertakes some sorely needed tidying up of the law, cutting away the misinterpretation of the law which has arisen over the decades.
- X (Minors) v Bedfordshire County Council  2 AC 633.
- D v East Berkshire Community NHS Trust  EWCA Civ 1151.
- Dorset Yacht Co Ltd v Home Office  UKHL 2.
- Geddis v Proprietors of the Bann Reservoir (1877-78) LR 3 App Cas 430.
- Caparo Industries v Dickman  UKHL 2.
- Robinson v Chief Constable of West Yorkshire Police  UKSC 4.
- East Suffolk Rivers Catchment Board v Kent  AC 74.
- Michael v Chief Constable of South Wales  UKSC 2.
- Dorset Yacht Co Ltd v Home Office  AC 1004 at 1030.
- D v East Berkshire Community NHS Trust and other cases  UKHL 23
- Osman v United Kingdom  ECRR 101
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Case Study Analysis: Examples + How-to Guide & Writing Tips
A case study analysis is a typical assignment in business management courses. The task aims to show high school and college students how to analyze a current situation, determine what problems exist, and develop the best possible strategy to achieve the desired outcome.
Our specialists will write a custom essay on any topic for $13.00 $10.40/page
Many students feel anxious about writing case analyses because being told to analyze a case study and provide a solution can seem like a big task. That is especially so when working with real-life scenarios. However, you can rest assured writing a case analysis paper is easier than you think. Just keep reading this article and you will find case study examples for students and the advice provided by Custom-writing experts!
- 👣 Main Steps
- 🕵 Preparing the Case
🔬 Analyzing the Case
- 📑 Format & Structure
- 🙅 Things to Avoid
- 🏁 Conclusion
👣 writing a case study analysis: main steps.
Business management is built on case analysis. Every single economic result shows that the methods and instruments employed were either well-timed and expedient, in the event of success, or not, in case of failure. These two options indicate whether the strategy is efficient (and should be followed) or requires corrections (or complete change). Such an approach to the case study will make your writing piece more proficient and valuable for the reader. The following steps will direct your plan for writing a case study analysis.
Step 1: Preliminary work
- Make notes and highlight the numbers and ideas that could be quoted.
- Single out as many problems as you can, and briefly mark their underlying issues. Then make a note of those responsible. In the report, you will use two to five of the problems, so you will have a selection to choose from.
- Outline a possible solution to each of the problems you found. Course readings and outside research shall be used here. Highlight your best and worst solution for further reference.
Step 2: Drafting the Case
- Provide a general description of the situation and its history.
- Name all the problems you are going to discuss.
- Specify the theory used for the analysis.
- Present the assumptions that emerged during the analysis, if any.
- Describe the detected problems in more detail.
- Indicate their link to, and effect on, the general situation.
- Explain why the problems emerged and persist.
- List realistic and feasible solutions to the problems you outlined, in the order of importance.
- Specify your predicted results of such changes.
- Support your choice with reliable evidence (i.e., textbook readings, the experience of famous companies, and other external research).
- Define the strategies required to fulfill your proposed solution.
- Indicate the responsible people and the realistic terms for its implementation.
- Recommend the issues for further analysis and supervision.
Step 3: Finalizing the Case
Like any other piece of writing, a case analysis requires post-editing. Carefully read it through, looking for inconsistencies and gaps in meaning. Your purpose is to make it look complete, precise, and convincing.
🕵 Preparing a Case for Analysis
Your professor might give you various case study examples from which to choose, or they may just assign you a particular case study. To conduct a thorough data analysis, you must first read the case study. This might appear to be obvious. However, you’d be surprised at how many students don’t take adequate time to complete this part.
Read the case study very thoroughly, preferably several times. Highlight, underline, flag key information, and make notes to refer to later when you are writing your analysis report.
If you don’t have a complete knowledge of the case study your professor has assigned, you won’t conduct a proper analysis of it. Even if you make use of a business case study template or refer to a sample analysis, it won’t help if you aren’t intimately familiar with your case study.
You will also have to conduct research. When it comes to research, you will need to do the following:
- Gather hard, quantitative data (e.g. 67% of the staff participated in the meeting).
- Design research tools , such as questionnaires and surveys (this will aid in gathering data).
- Determine and suggest the best specific, workable solutions.
It would be best if you also learned how to analyze a case study. Once you have read through the case study, you need to determine the focus of your analysis. You can do this by doing the following:
Compare your chosen solutions to the solutions offered by the experts who analyzed the case study you were given or to online assignments for students who were dealing with a similar task. The experts’ solutions will probably be more advanced than yours simply because these people are more experienced. However, don’t let this discourage you; the whole point of doing this analysis is to learn. Use the opportunity to learn from others’ valuable experience, and your results will be better next time.
If you are still in doubt, the University of South Carolina offers a great guide on forming a case study analysis.
Receive a plagiarism-free paper tailored to your instructions.
📑 Case Analysis Format & Structure
When you are learning how to write a case study analysis, it is important to get the format of your analysis right. Understanding the case study format is vital for both the professor and the student. The person planning and handing out such an assignment should ensure that the student doesn’t have to use any external sources .
In turn, students have to remember that a well-written case analysis provides all the data, making it unnecessary for the reader to go elsewhere for information.
Regardless of whether you use a case study template, you will need to follow a clear and concise format when writing your analysis report. There are some possible case study frameworks available. Still, a case study should contain eight sections laid out in the following format:
- Describe the purpose of the current case study;
- Provide a summary of the company;
- Briefly introduce the problems and issues found in the case study
- Discuss the theory you will be using in the analysis;
- Present the key points of the study and present any assumptions made during the analysis.
- Present each problem you have singled out;
- Justify your inclusion of each problem by providing supporting evidence from the case study and by discussing relevant theory and what you have learned from your course content;
- Divide the section (and following sections) into subsections, one for each of your selected problems.
- Present a summary of each problem you have identified;
- Present plausible solutions for each of the problems, keeping in mind that each problem will likely have more than one possible solution;
- Provide the pros and cons of each solution in a way that is practical.
- Conclusion . This is a summary of your findings and discussion.
- Decide which solution best fits each of the issues you identified;
- Explain why you chose this solution and how it will effectively solve the problem;
- Be persuasive when you write this section so that you can drive your point home;
- Be sure to bring together theory and what you have learned throughout your course to support your recommendations.
- Provide an explanation of what must be done, who should take action, and when the solution should be carried out;
- Where relevant, you should provide an estimate of the cost in implementing the solution, including both the financial investment and the cost in terms of time.
- References. While you generally do not need to refer to many external sources when writing a case study analysis, you might use a few. When you do, you will need to properly reference these sources, which is most often done in one of the main citation styles, including APA, MLA, or Harvard. There is plenty of help when citing references, and you can follow these APA guidelines , these MLA guidelines , or these Harvard guidelines .
- Appendices. This is the section you include after your case study analysis if you used any original data in the report. These data, presented as charts, graphs, and tables, are included here because to present them in the main body of the analysis would be disruptive to the reader. The University of Southern California provides a great description of appendices and when to make use of them.
When you’ve finished your first draft, be sure to proofread it. Look not only for potential grammar and spelling errors but also for discrepancies or holes in your argument.
You should also know what you need to avoid when writing your analysis.
Just $13.00 $10.40/page , and you can get an custom-written academic paper according to your instructions
🙅 Things to Avoid in Case Analysis
Whenever you deal with a case study, remember that there are some pitfalls to avoid! Beware of the following mistakes:
- Excessive use of colloquial language . Even though it is a study of an actual case, it should sound formal.
- Lack of statistical data . Give all the important data, both in percentages and in numbers.
- Excessive details. State only the most significant facts, rather than drowning the reader in every fact you find.
- Inconsistency in the methods you have used . In a case study, theory plays a relatively small part, so you must develop a specific case study research methodology.
- Trivial means of research . It is critical that you design your own case study research method in whatever form best suits your analysis, such as questionnaires and surveys.
It is useful to see a few examples of case analysis papers. After all, a sample case study report can provide you with some context so you can see how to approach each aspect of your paper.
👀 Case Study Examples for Students
It might be easier to understand how a case study analysis works if you have an example to look at. Fortunately, examples of case studies are easy to come by. Take a look at this video for a sample case study analysis for the Coca-Cola Company.
If you want another example, then take a look at the one below!
Business Case Analysis: Example
CRM’s primary focus is customers and customer perception of the brand or the company. The focus may shift depending on customers’ needs. The main points that Center Parcs should consider are an increase in customer satisfaction and its market share. Both of these points will enhance customer perception of the product as a product of value. Increased customer satisfaction will indicate that the company provides quality services, and increased market share can reduce the number of switching (or leaving) customers, thus fostering customer loyalty.
🏁 Concluding Remarks
Writing a case study analysis can seem incredibly overwhelming, especially if you have never done it before. Just remember, you can do it provided you follow a plan, keep to the format described here, and study at least one case analysis example.
If you still need help analyzing a case study, your professor is always available to answer your questions and point you in the right direction. You can also get help with any aspect of the project from a custom writing company. Just tackle the research and hand over the writing, write a rough draft and have it checked by a professional, or completely hand the project off to an expert writer.
Regardless of the path you choose, you will turn in something of which you can be proud!
✏️ Case Study Analysis FAQ
Students (especially those who study business) often need to write a case study analysis. It is a kind of report that describes a business case. It includes multiple aspects, for example, the problems that exist, possible solutions, forecasts, etc.
There should be 3 main points covered in a case study analysis:
- The challenge(s) description,
- Possible solutions,
- Outcomes (real and/or foreseen).
Firstly, study some examples available online and in the library. Case study analysis should be a well-structured paper with all the integral components in place. Thus, you might want to use a template and/or an outline to start correctly.
A case study analysis is a popular task for business students. They typically hand it in the format of a paper with several integral components:
- Description of the problem
- Possible ways out
- Results and/or forecasts
Students sometimes tell about the outcome of their research within an oral presentation.
- Case Study: Academia
- Windows of vulnerability: a case study analysis (IEEE)
- A (Very) Brief Refresher on the Case Study Method: SAGE
- The case study approach: Medical Research Methodology
- Strengths and Limitations of Case Studies: Stanford University
- A Sample APA Paper: Radford University
- How to Write a Case Study APA Style: Seattle PI
- The Case Analysis: GVSU
- How to Outline: Purdue OWL
- Incorporating Interview Data: UW-Madison Writing Center
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Quite an impressive piece The steps and procedures outlined here are well detailed and the examples facilitates understanding.
Thank you for the great feedback, Collins!
it was very helpful. I have an assessment to write where in I need to mention different effective components that are needed to compile a high quality case study assessment.
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It is very important and helpful.
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Thanks a lot. A knowledge shared with a structured template. Stay the course
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Thanks for this valuable knowledge.I loved this. keep sharing. to know more about click Air India Case Study – Why Air India failed ?
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This is going to be a great help in my monthly analysis requirements for my subject. Thank you so much.
Thank you very much for this insightful guidelines… It has really been a great tool for writing my project. Thanks once again.
We are so glad to hear that! Thank you for your feedback!
This article was very helpful, even though I’ll have a clearer mind only after I do the case study myself but I felt very much motivated after reading this, as now I can at least have a plan of what to do compared to the clueless me I was before I read it. I hope if I have any questions or doubts about doing a case study I can clear it out here.
Sarmistha, I’m happy you found the article helpful 🙂
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Case Analysis Example Law Case Study Help
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How To Analyse A Law Case
The two previous blogs have focused on developing legal knowledge through exploring topical issues in the field of law. This article hopes to show you as prospective law students how to go about gaining legal analysis skills through using case materials. Hopefully, by viewing a sample case report (my own) – you will be able to access cases online and come up with your own (hours of limitless fun)!
Warning: The first time you look at a case, or a case report, the language and legal questions can appear confusing and difficult to understand. DO NOT GIVE UP. It will get easier and easier – and will put you in a good position if you decide to become a law student.
The Facts: R (Osborn) v Parole Board 
- Supreme Court considers an appeal from three prisoners concerning their right to an oral hearing before the parole board.
- Parole Board refused to grant hearing when deciding whether to recommend their release or to transfer to open conditions (of the prison).
- Instead, request refused on grounds by a single member on the prisoners’ papers alone.
- Parole Board: ‘A hearing would have made no material difference’ – therefore we don’t need to have one.
Judgment: Lord Reid
- An oral hearing should happen whenever procedural fairness demands it.
- Procedural fairness goes beyond mere procedure: it stops injustice that arises when a prisoner cannot participate in a decision that directly involves him, and it upholds the rule of law by ensuring that lawmakers hear from those affected by their laws.
- It therefore may be fair to order a hearing even when it won’t assist the Parole Board’s decision.
- Yes, UK law (common law) should satisfy ECHR law. However, human rights law doesn’t end with ECHR. Common law can go beyond.
- The UK Court must therefore ask not just about reasonableness of the decision, but whether the procedure has been fair.
- A prisoner therefore should be granted an oral hearing –if he can show that it would be appropriate.
- 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’.
Appeal was granted.
- Reverses the old trend of only granting prisoners paper hearings.
- In recent years only 1% of cases received oral hearings.
- As a direct result of the case the Parole Board published new guidance.
- However, even more wide-reaching impact.
- Reinforces and protect human rights law under UK Law not the convention.
- Ensures that long-term consequences are analysed not just short-term ones.
Case Analysis Technique
Questions to consider:
Q. Did Lord Reid have his eye on the repealing the Human Rights Act debate (see previous blog)? [Therefore wanting to grant protection if it were to be removed.]
Q. Is this case trying to combat government concerns for expenses and public justice? [What may be costly in the short term (i.e. an oral hearing), may end up saving money in the long run.]
Hopefully, this sample case report has shown you the structure of what is important when you read a case. It’s important to try and go beyond the text and think about the potential impact of the case, and contextualise it in legal trends. It’s not easy – however, just as Lord Reid states, What is time consuming in the short term – may end up providing dividends in the long run.
Mr lafferty’s legal blog – 1979: a red dawn, mr lafferty’s legal blog – locking the catholics out of the kingdom, top 5 recent developments in the law.
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Law: Case note
A case note presents an overview and analysis of a legal case. It is usually divided into two parts: a case summary and a case analysis/research assignment . The case summary (sometimes called the ‘case note’) provides a description of the facts, procedural history and legal reasoning of a case. The case analysis involves a discussion of the judgment’s impact and the legal implications of the case. In this resource you will learn about researching and writing a case note assignment.
Five tips for case note assessments View
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Understanding case notes and marker expectations
Identifying the elements of a case note, using materials, reading and writing strategies.
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Free Law Case Study Examples to See How It's Done the Right Way
1062 samples of this type
Whether we're talking about the law school students or, say, about the business college students, a case study is always the same: it's always a research or an analysis based on 1 person or incident. Medical law, criminal law, environmental law, contract law – it doesn't matter which field you choose, you'll still have to deal with such assignments quite often. Which means you need to read a lot of law case study examples. Like, a LOT of them.
Here, you will find dozens of law case studies examples, including contract and business law case studies, case studies on the most famous legal disputes, etc. Read any case study for law students for free, find inspiration, learn something new from the best writing practices of other students and writers, come up with new ideas that will help you write your own paper… And don't worry if you haven't found the answers to all of your questions.
Because here's another option we'd like to offer: the 'Help me!' option. It's easy and affordable; our writers know how to provide practical research assistance and show the way to creating outstanding papers. Get in touch today and see for yourself!
My Perspective On The Bast Program Essay Sample
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Great Examples of Case Studies
Case studies are distinct research methods incorporated within the field of social science. Case studies require the exhaustive evaluation in alignment with the studying of a person, a small group of individuals, a single situation, or a specific case. Case studies are developed to reveal a correlation between two factors; case studies are incorporated into a social phenomenon or a legal matter to reveal whether or not a causal relationship can be proven.
For example, a common social case study may reveal that a lot of criminals tend to look at or purchase pornographic material. This information and subsequent conclusion would reveal that there is a direct correlation or at least an association between committing crimes and purchasing pornography. Although there is no scientific evidence that links observing pornography to committing crimes, case studies in this example, simply reveal a correlation between the two.
The evaluation of case studies is based on the in-depth investigation of a single individual, a group, or a specific event. As a result of this somewhat broad definition, case studies may be descriptive or explanatory in nature. The latter form is typically used to explore causation in order to find the underlying principles of a particular legal matter or social phenomenon.
How do Case Studies Work?
As oppose to using samples and following a strict set of rules or a protocol to examine a limited number of variables, case studies will incorporate various methods that involve an in-depth examination of a relationship, a single incident or particular legal matter. Case studies provide a systematic method to accurately investigate information, collect data, analyze information and report the results of a particular legal matter. As a result of these characteristics and general benefits, a researcher participating in case studies may gain a sharpened understanding of why the particular instance occurred as it did and what may become critical to further research and review. Case studies, through these benefits, lend themselves to both testing and generating hypotheses.
Case Study Examples:
Common case study examples, in the modern era, will evaluate consumer behavior. These forms of case study examples, for instance, will evaluate why today’s consumers are cutting out needless purchases and getting rid of gadgets or gizmos that don’t add value to their lives. These case study examples will elucidate on why consumers will migrate to brands that express these particular values.
Other forms of case study examples will evaluate human behavior and the direct effects that lifestyle choices or consumer choices pose on the environment. Environmental case study examples, during the modern era, are extremely common to help quell some critical environmental problems. Directly linked into this category are case study examples that evaluate the benefits of various alternative energy sources. These forms of case study examples are distributed and evaluated to help reduce our reliance on foreign oil.
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Cases may be the sole source of the law when the doctrine is strictly a common law doctrine. Even when law is based on a statute, cases interpreting the terms and intent of the statute are invaluable tools for legal writers. Some methods for using cases, discussed in detail below, include: Cases as pure common law analysis. Use this approach ...
Case briefs are a necessary study aid in law school that helps to encapsulate and analyze the mountainous mass of material that law students must digest. The case brief represents a final product after reading a case, rereading it, taking it apart, and putting it back together again.
How to Analyze Case Law Download Article parts 1 Summarizing the Facts 2 Identifying the Issue and Decision 3 Understanding the Reasoning Other Sections Related Articles References Article Summary Written by Jennifer Mueller, JD Last Updated: January 21, 2023 References Approved
Template of a case brief Name of case Start by saying the name of the case at the top of your case brief—for example, Smith v. Jones. Parties Identify the parties. Who is the plaintiff? The defendant? Once you identify who's who, you might want to abbreviate the parties as "P" and "D." Procedure Identify the procedural posture of the case.
example, a fact you might see in a law class is, ... This legal analysis template is based o n the case of Brown v. Bd. of Educ. of Topeka, 347 U.S. 483 (1 954). Yes, ...
Identify the key problems and issues in the case study. Formulate and include a thesis statement, summarizing the outcome of your analysis in 1-2 sentences. Background. Set the scene: background information, relevant facts, and the most important issues. Demonstrate that you have researched the problems in this case study. Evaluation of the Case
The purpose of performing a case analysis is to assess various business decisions before taking the steps to develop a final solution. Your case analysis can help you figure out potential problems in the business, what the costs and risks of the problem may be and the benefits of certain decisions so you're adequately prepared to take action.
Clare's Case: Labour Law, Duty of Fair Representation and Ontario Labour Relations Board Background: Clare had been working for General Motors for 23 years before his termination. The company claimed that he had threated a supervisor after being told that a urine sample he had given was diluted.
Legal case report example Parties The plaintiff (P) is Helen Palsgraf, and the defendant is the Long Island Railroad (D). Procedure In a negligence case, the jury ruled in favor of P. D filed an appeal. The appeal division ruled in favor of the plaintiffs. The court of appeals heard D's case. Issue Is D responsible for P's injuries?
Our experts can deliver a Criminal Law: Analysis of Case Study essay. tailored to your instructions. for only $13.00 $11.05/page. 308 qualified specialists online. Learn more. Jonathan Brown conceals his weapon between the pillows of his chair to evade arrest after being summoned by the police. According to Criminal Act, Title 5, Controlled ...
Example Of Case Analysis Law In America (1955; reprint) First, let's examine the different cases in which the District Court held that the Commission erred in finding that Mr. Douglas had abandoned her from the date of termination to the date of her death.
The legal case analysis template as the name suggests would assist an individual in approaching the case using a certain approach, which takes into consideration the relevant rules and regulations. law.georgetown.edu Download Tips for Writing a Case Study Given below are some tips for writing a case study:
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the specific legal rule of law which is to be applied to the case the holding or conclusion of the court It should be a short summary which is written in your own words. As you are reading a sample case brief or you are learning how to write a case brief, you'd see that it's basically a paraphrased version of the actual legal document.
An case study examples on law is a prosaic composition of a small volume and free composition, expressing individual impressions and thoughts on a specific occasion or issue and obviously not claiming a definitive or exhaustive interpretation of the subject. Some signs of law case study: the presence of a specific topic or question.
Sample Undergraduate 2:1 Law Case Study. See for yourself why we're the world's leading academic writing company. One of our expert writers has created this bespoke sample Law case study that shows the incredible quality that's guaranteed with every piece of work ordered. Secure your academic success and place an order today or view our services .
The following steps will direct your plan for writing a case study analysis. Step 1: Preliminary work Critical reading of the case Make notes and highlight the numbers and ideas that could be quoted. Focusing the analysis Single out as many problems as you can, and briefly mark their underlying issues. Then make a note of those responsible.
The biggest argumentative Case Analysis Example Law Case Study Help service on the world broad web is an organization that provides good quality and really budget friendly help on argumentative essay and argumentative essay topics. Argumentation writing is simply one of the most essential academic tasks.
Case Analysis Technique Questions to consider: Q. Did Lord Reid have his eye on the repealing the Human Rights Act debate (see previous blog)? [Therefore wanting to grant protection if it were to be removed.] Q. Is this case trying to combat government concerns for expenses and public justice?
Write an analysis of the case above, focusing your attention of Lisa St. John's liability for battery to Eben Sommers. Use the following rules: 1. Battery. Battery is a harmful or offensive touching of another that is intentional, unconsented, and unprivileged. [primary rule] 2. Transfer of Intent. In tort law [the law covering the wrongs ...
A case note presents an overview and analysis of a legal case. It is usually divided into two parts: a case summary and a case analysis/research assignment. The case summary (sometimes called the 'case note') provides a description of the facts, procedural history and legal reasoning of a case.
Free Law Case Study Examples to See How It's Done the Right Way 1062 samples of this type Whether we're talking about the law school students or, say, about the business college students, a case study is always the same: it's always a research or an analysis based on 1 person or incident.
Case studies are developed to reveal a correlation between two factors; case studies are incorporated into a social phenomenon or a legal matter to reveal whether or not a causal relationship can be proven. For example, a common social case study may reveal that a lot of criminals tend to look at or purchase pornographic material.