Breaking Down Law Cases Into Accessible Chunks

Breaking down cases into accessible chunks.

One of the most daunting tasks facing students in law faculties is the ability to break down cases into accessible chunks. Every law case in every field of law has certain elements:

The material facts. Each law case is really a story of what is alleged to have happened. Certain facts will be more relevant than the mass of detail in the case. So, for example if the case involves someone having serious respiratory issues arising from regular weekend barbecues done by the neighbor then those facts would be material in a case for nuisance. Another example, if someone bought land and then was taken surprise by a restrictive covenant, then the issue of an incomplete registration of title might arise.

The legal issues emanating from the material facts. This is often the key for the student. The student needs to understand which issues were the subject of a discussion in the case. The kernel of the dispute between two parties lies within the list of issues in the case. No form of legal analysis would be complete without it. In examinations and assignments marks are given for the clarity with which the student articulates and addresses the issues.

The judicial context of the case. A case can reach a certain level in the court hierarchy. It can reach a High Court or it can reach a Court of Appeal. At this point a decision of public importance may have been taken. Its critical sometimes to point out that a decision was made in say, the Supreme Court or that it was up the European Court of Justice.

The reasoning behind the decision. This often referred to as the ratio decidendi. It is so important for students to understand the reasoning in a case. If the decision is binding then it can have an effect on future clients which could be very serious. So for example there was a decision in RvR that marital rape is illegal in England. This has major implications for marital relations and for social norms.

Significant quotations. There will be parts of judgements that are very useful for a student to write down in assignments and it is vital for the student to use the quotes in assignments and exams where feasible. Sometimes the reasoning comes out in a simple sentence by a judge. For example Lord Atkin`s quote on the neighbor principle in Donaghue v Stevenson is extremely useful for a law of tort student.

Critical reviews. Its really important to look at critical reviews of cases so that one can get the pros and cons behind a judicial decision. Sometimes a judge will agree with legal reasoning of legal counsel but on the facts, they are not convinced of the merits of one party`s case. When the student researches legal criticisms diligently they can go very far in terms of grades because they are developing analytical skills.

If the student can cover a number of cases daily then they can categorise the cases with flash cards and so will maximize their chances of success.