In my previous blog posts, we have looked at how to write legal research essays (Part 1 and 2) and how to answer legal problem scenarios (Part 1 and 2). This time, we are turning our attention to writing legal case notes, a more unusual type of question that you may nevertheless still encounter in your studies. There is a quick explanation below of what a case note is if you are not sure.
We will start by looking at some general principles and tips to keep in mind, then move on to the first part of a case note – the case summary. This may be all that your question requires; alternatively, you may also be required to write a case critique or commentary. If you do need to do this, we will be looking at this in my next blog post.
What is a Case Note?
One of the most confusing things about case notes is that the term “case note” can mean different things. Case notes may just literally be a few notes on the case with a summary of the key facts, which should be quite short. On the other hand, a case note may include both this and a more detailed discussion or commentary on the case, which is obviously a lot longer.
Check that you know which sort you are supposed to be doing before you start your case note. You may even find that the question is divided into multiple sections, with the summary separate from the commentary, which can be broken down further.
The purpose of a case note is to provide an informative summary of the key facts. Case notes which include commentary will also highlight the legal issues relevant to the case and the legal and social impact that the case has had or might have.
General Principles for Case Notes
So, how should a case note be written? Let’s consider the structure first. A case note should be written out in full, much like an essay, rather than simply using bullet points or any sort of table. Although they are called case notes, it is not acceptable to use any sort of note-taking format, unless your guidance for the question specifically says this.
When you are writing your case summary, remember that it is a formal document. Therefore, you should be using complete paragraphs which are linked together in a way that makes sense. It should be easy for the reader to follow what you are saying and any arguments you are making in the critique section. Make sure you cite the case you are summarising properly – you can find more information on how to reference cases in my blog post here.
If you do need to include a case critique or commentary, this should be structured in a similar way to an essay. This means that you will need to write an introduction which includes your thesis statement, as well as a conclusion that returns to this statement and relates it to the argument you have made in the body of the text. This main body should be divided up using headings and sub-headings as appropriate and should follow a structure that makes your argument clear.
If you are also writing a critique or commentary, the case summary should not take up too much of the word count. If you have guidance on how long each section should be, read this carefully and follow it. Alternatively, if you can see the breakdown of marks for each section, divide the word count up accordingly. If there is no indication of how long the case summary should be and you can’t ask, aim for around 10% of the total word count as a general rule.
What Should You Include in Your Case Note?
What sort of thing should your case summary include? The absolute basics are the case citation, names of both parties, date and the judge or judges. You should also have court level and history of the case, as well as the basic background facts about it. This should all be written in a clear and concise way.
Next, you need to summarise the basic points of the case hearing. This will include the arguments made by both parties, including the commentary on these by the judge(s) and the final decision made. You should also give the ratio per judge.
Your case summary needs to cover these points objectively, which means that you need to give equal attention to both parties, without seeming to favour either. You should stick with the basic facts of the case at this point, not discussion or opinions.
Wrapping Up
I hope that this helps you to write case summaries and with some of the principles for case notes in general. In my next law blog post, we will consider how to write the case commentary or summary, so come back in two weeks for that!
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