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CASE NOTES

7/9/2014

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Case note assignments are popular because they require students to demonstrate the ability to:

  • Understand the case report, concentrating on material facts and reasons for the decision
  • Be discerning as to the policy context of the case within the legal framework
  • Analyse the legal reasoning in the case and explore any impact on future cases and any impact on past legal decisions
The first of these tasks involves explanation so that you demonstrate your comprehension of the law report.
The second and third tasks involve analysing whereby you examine the impact of the case and also explore any flaws in reasoning.

Thinking analytically.  Utilising the following questions will help you with your case note
  • What is your view of the decision in particular the court's legal analysis? 
  • What is your view on the issue before the court? 
  • Do you think they dealt with the issue correctly? 
  • Do you agree with any dissenting judgments?
  • Do you agree with the reasoning of the court and its supporting evidence and corroboration? 
  • Could you suggest improvements on the court's approach?
  • Can you identify any proposals for reforms connected with the case and its impact on future development of the law? 
  • Have there been statutory changes that might affect this type of case?
  • Is there other reputable commentary which assists in your interpretation and opinion of the case law.
 










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