In my last blog post, we looked at how to write a case note. In particular, we considered how to do the summary and some general principles for the case note as a whole. In this blog post, we will be looking at how to write the second half of a case note – the commentary or critique. We will start with a quick reminder of what a case note is and what the different parts are, then move on to consider how to plan, draft, and finalise your commentary section.
What is a Case Note?
A case note summarises a case and, sometimes, offers extra information about the legal issues surrounding it. The first part of a case note is the section which states the main points of the case and may briefly give the background to the area of law. This part should be factual and purely informative, with no discussion or opinions stated.
The second part of a case note is the commentary, sometimes called a case critique. This discusses the legal issues surrounding the case and identifies why it is important. It analyses the outcome and judgments made and offers an argument about the impact the case has had and why this is significant. A case note may only consist of the first part, without any commentary, or it may have both parts. Make sure you read the question carefully so that you know what is expected in your answer and how it should be divided.
How Do You Write a Case Commentary?
If your question does require a commentary, as well as the initial summary, the first step is to make sure you know exactly what the question is asking. It may be that you need to focus on one particular legal issue or whether you agree with the judgment made. Alternatively, you may need to consider the likely impact that the case will have or where reform might be needed.
If you are unsure of any of this, ask your tutor or examiner for guidance. Whatever is required, your answer here will need to be a lot more analytical than in the first part of a case note, which should be fact-based and informative.
To start your case commentary, it is a good idea to review any notes you have made and go through highlighting any key issues or areas of law that are still undecided and open to interpretation. These can then help you to decide what parts of the case to focus on and how you will build your arguments. You can also consider the decisions that have already been made and whether there are alternative interpretations that you could put forward.
Essentially, you should be writing the critique section of a case note in a similar way to a legal research essay, which you can find guidance on here and here. This means that you also need to research the case and legislation that surrounds it, as well as any relevant decided cases.
This research should be done to the same standard as for a research essay, which means checking source reliability and ensuring that you have referenced everything correctly. You should make sure that any points you state in your argument are clear and backed up by a reliable source to make your writing stronger.
In addition, you should be clear what argument you will be making from the start, so you can include a thesis statement in your introduction if this is allowed by your examiner. You should then keep this statement in mind throughout the rest of your essay and make sure you are staying on track.
Your critique should be clear and easy to follow, using headings, sub-headings and paragraphs as necessary to break up your writing and ensure the reader can see where each new point begins. In your critique, you should regularly refer back to the case and how it links to the point you are currently making so the focus remains on the case at hand, although you will still be referring to the cases and legislation as well.
Overall, you should be writing in an analytical style, stating your opinions and reasoning and backing this up with references. You should analyse the strengths and weaknesses of the case, as well as any particular issues surrounding it. Consider the impact the case has had or will have on other cases and its legal significance.
Once you have your first draft written, you will need to go back and review it. Ideally, you would leave it for a week so that you can go back to it with fresh eyes, but this will depend on how much time you have available. When you do go back to it, be prepared to make a lot of adjustments. You may well decide to rewrite the whole thing, taking ideas from your first draft.
If you have time, review this second attempt too in much the same way. Sometimes, you will have the opportunity to ask a tutor or mentor to review a draft before it is submitted, so do use this offer if it is there.
Wrapping Up
I hope that this has helped you with writing case notes and commentaries. Next time, we will be looking at how to write legal memos, so come back in two weeks for that!
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