CASE COMMENT FRAMEWORK

1. Background- constitutional & jurisprudential perspectives

2. Outline: main issue and relevant laws/ statutes involved in the case- journey
of the case

3. Critical review of the case following its journey and its appearance at appeal
level-

4. Listing the key contentions add comments

5. Stand of prosecution at appeal level vis vis at the levels of trial court and high
court- comparison- critique of

6. Stand of defence at appeal level vis vis at the levels of trial court and high
court- comparison- critique of

7. Scrutiny of the case by the appeal court- framing the issue examination of
applications of principles and laws develop your arguments about
sufficiency and infirmities

8. Examination of precedents applied- assess the coverage and suitability

9. Examination of evidence perused- review of any vital parameters left out or

inadequately perused

10.Arguments and reasoning extracted- critical review of

11.Obiter dictum- need and relevance

12.Ratio decendi- examination of correctness

13.Judgment you views

14.Comparative context : assessment if similar case was decided in other/

foreign jurisdiction in different way

15.Contribution- whether the case contributed to the new jurisprudence or

stressed the need to amend law and bring other changes in policy and
practice