Few Tips for the preparation of Case Comment
I. Introduction
A case comment should ideally begin with a short paragraph identifying the subject of the
case so as to give the reader a fair idea regarding the issues you are going to address in the
comment. The second paragraph should be a very brief statement of facts stating only the
part of the factual matrix which is essential to the issue being discussed. Thereafter, you
should write the disposition and what was eventually held in the case in a very precise manner.
• You should begin by briefly introducing the area of law, the legal issue and what
was decided.
• Indicate your line of argument: was this a significant decision?
• Does the decision create legal precedent, or uphold legal precedent?
• Explain the significance or the case, which should also indicate the organisation
of the case note.
II. FACTS
• Identify the important, relevant facts of the case and, if appropriate, its background.
• This section will generally be more descriptive rather than analytical since you
are just identifying the parties to the case (e.g. buyer, seller, employer, employee),
procedurally significant facts, and the arguments that were put forward on behalf
of both parties. Significant conflicting evidence should also be briefly noted.
• Keep it as short as possible.
III. DECISION
• In this section, you should provide the reader with an outline of the court's
holding (i.e. the court's decision) on each relevant issue, as well as the court's
reasoning.
• What is the legal rule essential to the decision in this case?
• Were comments made by the judge that are not directly related to the decision in
this case, but may be important to issues raised in other cases, ie. The Obiter
Dicta
• Reasoning is the way in which the court applied the rules/legal principles to the
particular facts in the case to reach its decision. i. e. the Ratio Decidendi
• Indicate whether there was dissenting judgement and what reasons were
provided for dissent. In closing this section, relate the selected case to the prior
law to illustrate how, if at all, the selected case affects prior law.
IV. ANALYSIS
This is the most significant section of your case note: this is where you
demonstrate your critical analysis and evaluation of the case in your own words. In
other words, this is you provide your agreement.
Start by stating the existing and the major developments both supporting and
opposing the decision of the court. Then critically analyse the court's reasoning
and decision.
The analysis should be presented logically and be signposted accordingly.
If appropriate, attempt to predict the impact the case will have on future decisions.
Address any ambiguous statements made by the court, and questions the court left
unanswered.
This section affords you the opportunity to demonstrate legal skill and prowess by
dissecting the case and raising important issues involved.
This-constitutes the-main limb of the case comment.
Some of the pertinent questions to be answered i.e.,
1. Was the Court's decision appropriate?
2. Does this decision change/conform with existing law?
3. Was the reasoning consistent with previous reasoning in similar cases?
4. Is it likely that the decision will significantly influence existing law?
5. Did the court adequately justify its reasoning?
6. Was its interpretation of the law appropriate?
7. Was the reasoning logical /consistent?
8. Did the court consider all/omit some issues and arguments? And, if there was
omission, does this weaken the merit of the decision?
9. What are the policy implications of the decision?
10. Are there alternative approaches which could lead to more appropriate public policy
in this area?
As the sole purpose of the case comment is to dissect a particular legal issue, you must
be extremely careful here as to not touch upon any extraneous or peripheral issue. Your
answer to these pertinent questions must be substantiated by logical assertions and
adequate reasoning.
Structure of the Case Comment
• When writing a case note, you should ask yourself what makes this case significant
in the context of your course:
• Does it represent a significant departure from precedent?
• Does it represent a significant area of concern?
• Does it represent a first of its kind?
• Does it represent an abandonment of logical reasoning?
• Does it represent a precedent with long lasting effects
Approaches to the case comment
Law is not clear
Here, you have to concentrate more on how statutory provisions and relevant case laws
including the current case have created an unpredictability of law on that specific issue or
neglected to fill the legal void.
The judgment is correct and clears the law
Here you have to concentrate more on the positive ramifications of the case and its bearing on
the future course of law on that specific issue. You Inay likewise need to give extra reasons to
how the counter-contentions don't have a legal standing.
The judgment was wrong
In this methodology, you attempt to demonstrate how the courts take on the issue was not right
by introducing purposes behind the equivalent. The regular error which understudies as a rule
do here is that they emphasise the disagreeing conclusion in their own words without including
their very own faultfinder of the judgment.
The judgment was not wrong but the reasoning
Here, you have to clearly distinguish your thinking from that of the court and exhibit how the
court’s thinking is inconsistent with the thinking given in earlier comparative cases on that issue
and conflicts with the spirit of law or public policy.
Important issue not discussed
Here, you can recognise an issue which you figure the Court ought not have disregarded or
ought to have examined in more noteworthy detail.
V. CONCLUSION
The conclusion to the case comment should encapsulate the main essence of the author's findings
and arguments. It is not always necessary to reach a conclusion to decide upon whether or not the
court's decision was right. You can simply end your analysis by briefly stating the impact of the
case and pointing out certain lacunae (if any). Your conclusion should summarise the main points
of your analysis and reiterate the significance of the case. If your finding is that the decision creates
legal precedent, or conversely, upholds legal precedent, comment on the wider implications of this
case The length of the conclusion depends on the argument being made.
General Guidance
➢ Avoid passive voice.
➢ Attempt to adhere to one thought for each section.
➢ Keep your sentences fresh. Stay away from long, complex sentences. communicate in plain
language. Keep away from "legalese."
➢ Write in 3rd person.
➢ Check how to organize every single citation you make.
