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Published byGyles Franklin Modified over 9 years ago
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Reading / briefing court cases....
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Only manner in which law can be truly understood Applicability of law in practice Answers to legal issues found in case law Indicator of legal development
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In practice: have to keep up with large volume of cases Time constraints – you will rarely have time to leisurely read many cases Studying law – cannot understand the law without reading cases INTERVIEWS! Future employers will expect you to proficiently read & summarise cases during interviews…
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CASE NAME – Who are the parties? COURT – Hierarchy & precedent PRESIDING OFFICER/S DATE – To trace development of law KEYWORDS – Indicate essence of case HEADNOTE – Gives a brief summary NATURE OF CASE – What is it about? LEGAL REPRESENTATIVES FACTS & ISSUE LAW – Applicable & applicable to facts FINDING & RATIONALE ALLOCATION OF COSTS
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PROCESS... Study names of the roleplayers... Identify the roles: plaintiff / accused / applicant??? Court a quo / appeal? Note additional info (lawyers, judge, date, etc.) Read through the case once Facts (briefly!) NB!
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PROCESS... cont. Legal issue Can be obvious – Can a person...? / The question / issue here is...” Not clear PHRASE ISSUE IN YOUR OWN WORDS Law – what law did presiding officer use? Primary law? Secondary law? Precedent? Finding What was the outcome of the case? Guilty / not / confirmed? Ratio vs Obiter Costs / sentence?? NB!
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You MUST be able to give a case brief in the spoken word! Remember: you are becoming a lawyer, not a writer....
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Remember to complete class exercise 7...
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