Summarising

Judgments and
Answering
Problem-type
Questions
NWU Faculty of Law
Rationale
• Important for tests /examinations

• Legal skill in preparation of

LLB studies in general and
Future legal career STEP 1:
Do I understand
the meaning of
the text? All the
• Two skills words, terms and
Summarising a court judgment phrases
STEP 2:
Answering problem-type questions Do I understand
the context? All
the role-players
Summarising a court judgment
Structure
• Name of the case
• Court where was heard (why?) • Reported judgments
only (Juta /
• Presiding officers LexisNexis)
• Dates on which the court sat (why?) • Headnote: NOT
ALWAYS RELIABLE
• Keywords*
• Headnote*
• Nature of case
• Legal representatives
• Exposition of the facts
• Exposition of the legal position
• The ruling CAN YOU IDENTIFY
ALL THESE
• Allocation of legal costs
ELEMENTS?
Summarising a court judgment
Step 1 – meaning of the material (each word /phrase)

Step 2 – context of the material (role-players)

Step 3 – Internal structure of the case

• Facts
• Applicable law
Authority (primary and secondary)
Experts / Comparative law / Philosophical and political
implications (context)
• Application of the law to the facts
• Conclusion (result or order)
• Subsequent events: Still authority?
Summarising a court judgment
What to put in your summary?

• Facts FIRAC
• Issue (Legal Question) ____________
• Rule (Legal Principles)
FACTS
• Application (Analysis)
ISSUE
Rule/legal prinicples
Arguments
RULE (LAW)
Short answer APPLICATION
CONCLUSION
• Conclusion (Decision)
Van Jaarsveld v Bridges
FIRAC
• Facts
• Issue (Legal Question)
• Rule (Legal Principles)
Breach of promise claim for contractual
damages and iniuria (para 1)
Should the contractual footing of breach of
promise claim not be revisited in a
constitutional context, in light of diverse forms
of intimate personal relationships and
changing mores of society? (3)

• Application (Analysis)
Common law: action iniuriarum and breach
• Arguments of contract – actual and prospective losses
• Short answer (4-5)

• Conclusion Courts - duty to develop common law in spirit, purport &

objects of BoRs (3). Changing morals of society – illogical
rigid contractual as divorce no-fault (6-7). Prospective losses
– speculative & should be abolished (9); Actual losses -
based on express / tacit agreements (10); Iniuria – must be
Obiter – guidance to objectively insulting… (19-20)
Ex parte Dow
FIRAC
• Facts: Application for declaration of nullity as
marriage ceremony in garden (and not building)
• Issue (Legal Question): Is a marriage solemnized
contrary to s29(2) of Marriage Act void?
• Rule (Legal Principles): S29(2)…
• Application (Analysis): Historical rationale for
s29(2); object of section; non-compliance of more
serious omissions (s 24; s 26) = voidability (not
void). Not intended strict compliance where
intention of parties clear (and all other
requirements met)
• Conclusion: Dismissed – marriage legal
 Appeal against W/E of immovable property

S S v V V-S re unpaid child maintenance obligations

after nulla bona return..

Can court hear appeal (for disputed additional

maintenance) where applicant refuses to remedy his
default regarding acknowledged basic maintenance
payments for almost 4 years?

Duty to pay maintenance in accordance with court order

• Facts
• Issue (Legal Question)
• Rule (Legal)
• Application
• Conclusion (Decision)
Dismissed with costs
Broader context of “revolting attitude ….
Elaborate efforts aimed at frustrating
compliance of m’ obligations…”; Undermine
judicial integrity of court – duty of court to
safeguard compliance & justice; s28(2) BIOC;
Bannatyne; Burchell; no explanation - purge
contempt or precluded from access to court –
chilling message in interests of justice
Can you do the same?
• Reloomel v Ramsey 1920 TPD 371
• RH v DE 2014 (6) SA 436 (SCA)

• Divide yourselves in groups of two/three and do

the summaries of the above two cases for
discussion during the next period
Answering problem-type Qs
• Divide into three: intro, body and conclusion

• Step 1 – Interpretation
Analyse the question
What am I asked to do? Instructional sentence?

• Step 2 – FIRAC
Facts (information), issue (legal question), rule of law
(legal elements to consider / legal authority), application
(apply the law to the facts) and conclusion (opinion)
 Answering problem-type Qs
Engagement (BoP) problem question of Megan & John

Step 1: Instructions? Possible actions / factors / amounts &

gifts (with reference to judicial precedent)

Step 2: FIRAC
Facts: Engagement / BoP / Hurt / Costs / Gifts
Issue: What legal actions…? (cases)
Rule of law: 2 actions for ??? & their requirements (no longer
prospective losses) (cases) / Gifts legal rule?
Application: actual costs (detail) / satisfaction(detail) / gifts(detail)
Conclusion: probability of successful claims …