|Due By (Pacific Time)||01/16/2017 12:00 am|
– The case commentary should include the following: o Summary of key facts. o Identification of the point(s) of law. o Analysis of the decision. o Social policy and political context. o References to broader literature.
Structuring your Case Commentary: – Introduction: broad presentation of case with special focus on legal issue at centre of the case. – Main body: o Legal background to the case: summary of relevant facts, identify the legal issue to be resolved, set out the solution given by the court (i.e.: Presentation of the case) o Build a tension: difficulty/controversy/argument/ conflict/criticism regarding the case. o Resolution of argument: did the court provide a solution to this difficulty, what are the strengths/weaknesses of its decision? o Wider implication/legacy of the decision? – Conclusion: summarise the issue and your findings.
Presentation of the Case: – Indicate the title and date of the case; – Summarise the relevant facts; – Identify the legal issue(s) / the question(s) of law that the court had to answer; – Set out briefly the solution(s) provided by the court.
Points/Questions to inform your analysis – 1. Explain the meaning of the decision. – Identify the main arguments and secondary arguments. – Identify the arguments that have been accepted and those that have been rejected. – Has the court decided independently of the arguments raised? – Explain chronologically the steps followed by the court and replace its reasoning within the legal context. Points/Questions to inform your analysis – 2. Evaluate the legitimacy of the decision. – Wasthe decision justified? – Was the court reasoning good or deficient? Why? – Is the reasoning coherent and sufficiently persuasive? – Could the Court have reached a different solution? – Is the decision clear or subject to contrasting interpretations? – Is it a fair/just decision? Points/Questions to inform your analysis – 3. Reflect on the significance and wider legacy of the decision: – Is the decision confirming established principles of law? – Or is it creative and developing the law in a new direction? – Is it restricting or widening pre-existing principles? – Is this interpretation controversial? – Hasit been followed in later cases? – How has it been received in academic circles? Finally… – Re-read your answer – it should be PERFECT! – NO spelling mistakes – NO missing words – NO mistakes of referencing – NOTHING missing from your bibliography – INCLUDE YOURWORD COUNT! word count is 1500 words this does not include referecning, the referencing style wanted is OSCOLA.
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