LAW STUDY HACKS

WRITING CASE NOTES

Week 2 & Week 3 (repeat)
Semester 1 2019

Dr Katherine Brabon
katherine.brabon@monash.edu
TODAY’S SESSION

1 Understanding case notes

2 Approaching the assignment
3 Common mistakes & checklists
 1. Understanding case notes
A case note may be either:
• A summary of a case, or
• A summary + critical commentary of a case
• check your assignment instructions carefully
• different structures: question-based, or Part A and Part B

The purpose of a case note:

• Provide a brief overview of the facts, procedural history and material
issues of a case
• Analyse the legal reasoning of the case
• Analyse the implications of the case

Tip! Make sure you use the reported judgment, if there is one. See the Law
Library Guide for further guidance.
1. Understanding case notes
ASSIGNMENT INSTRUCTIONS AND RUBRIC

• Read instructions and rubric

• The rubric is used to assess your case note assignment

• Purpose of a case note assignment is to demonstrate your:

• knowledge and understanding of the case
• ability to identify and analyse issues and broader
implications of the case
2. Approaching the assignment
Understanding the case
• FACTS & PROCEDURAL HISTORY
• ISSUES
• REASONING

Analysing the case

• RESEARCH
• DISCUSSION
• CONCLUSIONS

NB: This structure is a guide only. Follow the instructions in your assignment.
2. Approaching the assignment:
• Facts
• Who are the people involved, when + where, how did the dispute arise and how did it come to
court?
• Very brief (as a guide, 3-4 lines are enough)
• Procedural History
• The history of the case in the courts
• Where did it begin and what was the result? Then to what court was it appealed?
• E.g. The case began in the Supreme Court, was appealed to the Court of Appeal, and then
to the High Court.
• Issue/s
• What was the legal issue in the case?
• State this very clearly e.g. The main issue in this case was whether…
• Reasoning
• What was the judge’s decision, and what were their reasons for that decision?
• This section requires the most detail
Judicial reasoning
Ask:

• What is the outcome and how did the legal reasoning lead to it?
• What were the reasons given by the judge that led to this outcome?
• What is the thinking of the judges that is necessary to outline in order to explain this
reasoning?
• Look at the facts and precedents the judges focus on
• Look for something (a key issue or question) that makes you think a party will win or lose
2. Approaching the assignment:
INTRODUCTION – DISCUSSION – CONCLUSION

You must critically analyse the decision and conduct

research about the case and the broader issues and areas
of law in the case.
-Thesis statement – what are you arguing?

-Research – which sources will you consult? Case law,

legislation (primary sources) and journal articles, case notes
(secondary sources)
-Clear structure – plan. What is the topic of each paragraph? Plan: what
topic/argument will
What sources are relevant for each point? be discussed in
-References and bibliography – use Australian Guide to Legal each paragraph?
Citation (AGLC) pdf. available through Monash Law Library
Guide
Part B: implications and social context
QUESTIONS TO CONSIDER

• How does the decision sit with existing law? Does it

follow or contradict? Why is that?
• If the case departed from precedent, was it
appropriate? Why/why not?
• Is the departure because of a need to keep up with
the evolution (or devolution) of society? Or does it
reflect the values of that time?
• Critical reflection on the case: analysing and
examining in a questioning way, e.g. why is it like
Weigh up the
this? What are its strengths and weaknesses?
decision – what
do you think
about it?
Legal research
LOOK AT:
• CaseBase, AGIS, FirstPoint: CaseBase and FirstPoint give overviews of where the
case has been subsequently considered, as well as journal articles

• Library guide: Secondary Sources tab

TIPS:
• Use a range of key words to search databases: think about areas of law
and issues, not just the case name
• Be critical with your sources, ask: who is the writer? what is the author
arguing? do I agree with them?
3. Common mistakes & checklists

Legal • Insufficient analysis of legal reasoning of

judges
reasoning • How did reasoning lead to outcome?

• Too much focus on facts at expense of

Facts analysis of legal reasoning

• Lack of clarity and precision

Writing • Poor grammar, editing, citation practice
Common mistakes & checklists

Analytical • Focus on case without discussion of legal context

• Discussion of eg social context without relating it
Focus to relevant crime

• One-sided argument
Analysis • Reliance on too few sources or insufficient
research

• Unclear writing
General • Poor grammar, structure editing, citation practice
• Lack of bibliography
Checklist - facts & understanding

• Does my fact summary provide an adequate, brief

1 overview that enables me to discuss the ratio?

• Have I adequately explained and analysed the ratio?

2

• Does my answer have a clear structure and headings?

3

• Have I adequately shown my understanding of the

4 issues in the case?
Checklist – analysis and discussion

• Does my work answer the question/s?

1

• Does my structure communicate my argument?

2

• Have I integrated all the relevant research well?

3

• Editing and proofreading

4
Resources
• See the Law Library learning guide on case notes, including
handout on summarising a case
• And RLO:
https://www.monash.edu/rlo/assignment-samples/law/case-note-
assignment
• Many law journals publish case notes:
eg. Monash University Law Review, Australian Institute of Law
Journal.
• Find these through Monash Library ‘Search’ catalogue
• Search Austlii for case notes.
Beware copying style/content of
other case notes too closely!
Questions?
• Visit us at the Research & Learning Point:
12-1pm during semester, and 3-4pm
weeks 4-8.
• Ask at the Information Point in the Law
Library.
• Check the Law Library guide:
guides.lib.monash.edu/law
LAW STUDY HACKS
Next sessions:
● Advanced Study Hacks (Legal Memos) in Week 4
● Law Essays and Critical Reading skills in Week 7

ACCESS THIS GOOGLE FOLDER FOR TODAY’S SLIDES:

https://tinyurl.com/y5e9fbbx