Case Digests
-Provides the reader with a short overview
of the important parts of the case and thus
usually avoids the need to re-read the case.
-Aids in breaking down the case into
digestible chunks of information.
-It encourages students to focus on the
essential components of a judgment,
including the material facts, the issue(s) and
the reasoning of court.
-to learn how to case digest, it is necessary
to learn how to deconstruct a legal argument
set out in a judicial decision and identify its
various parts.
Ratio Decidendi (the reason)
-the point of the case that determines the
judgement.
-the principle that the case establishes
-a legal rule derived from and consistent
with, those parts of legal reasoning within a
decision on which the outcome of the case
depends.
Obiter Dictum (by the way)
-a remark in judgment that is said in passing.
Writing your case digest
1.Make use of Separate headings.
2. Headings common to short and detailed
cases.
-citation and case details, facts, issues,
ruling
3. Detailed case digest should include:
-procedural history, dispositive, important
obiter, reference to the reasons of separate
opinion.
Citation and Case Details
1. The Parties
2. Case’s full citation details.
3. The court and ponente
Facts
-an objective summary of the pertinent facts
including the parties’ major arguments.
-aim is to illustrate the facts that were
relevant in the courts reasoning.
-Tailor fit the facts based on the ration.
Active Voice
-engages the reader with movement and
action.
-sentences should feel like the subject
produces the action.
-Avoid using nominalization, participle,
auxiliaries, and conditionals.
 Nominalization- verbs used as
nouns.
 habitual nominalization attracts
surplus and unnecessary words.
1. Active sentences-the subject produces the
action.
e.g.
Passive: the sound of music’ was seen by
mario.
Active: Mario saw the sound of music
2. Active description- verbs activate the
description.
e.g.
Passive: The room was filled by his anger.
Active: His anger filled the room.
Focus on:
Who- Actor
What- Action: using the word that best
express what you want to say
Whom- object of the action: to whom the
action is directed.
Example:
P: There were no authorities cited by the
court in its judgement.
A: The court cited no authorities in its
judgement.
Nominalizations- verbs used as nouns
“buried verbs”
-attracts unnecessary words.
PARTICIPLE
-verb used as aan adjective or noun. It is
somes called “verbal”
As adj.: the crying lady.
GRAMMAR
-set of patterns for how words are put
together to form phrases or clauses, whether
spoken or in writing.