Case Note

Question 1

List all the things that should be included in a case note:

Answer 1

• citation, including name of case
• court and judges
• brief statement of material facts
• procedural history
• issues to be decided (Qs)
• reasoning/decision
• Ratio
• Obiter
• Order made by the court

Question 2

what is citation?

Answer 2

location of case, often found at beginning of judgement

Question 3

what is court and judges?

Answer 3

name of court and judge(s) that heard the case

Question 4

what is included in brief statement of material facts?

Answer 4

facts critical to the case
facts which explain why the parties are in court or are key to the determination of a legal issue
facts upon which the decision is based

Question 5

what is procedural history?

Answer 5

overview of what courts the case has already been though, record of various courts case has been heard.

Question 6

what are issues to be decided?

Answer 6

legal issues decided in case

Question 7

what is reasoning/decision?

Answer 7

summary of court’s reasoning in answering the identified issues.
focus on how law is applied to the facts of the case

Question 8

Ratio?

Answer 8

resolution of main legal issue in case, hence ratio found in reasoning/decision statement
restate it in one sentence

Question 9

Obiter?

Answer 9

comments made ‘in passing’ that raise interesting points of discussion.

Question 10

Order made by court?

Answer 10

legal consequence of decision