Reading Judgements
Reading Law Judgements
Case Law Report
The reading and understanding of case law reports or judgments can present itself as a difficulty at the beginning of your law course. The capacity to read whole case law reports is an essential skill for law school students. For instance, if you are given an essay or an exam question based on a specific case or the judgments issued in that case, you must be able to read the complete case law report in its entirety. Some students do not fully understand judgments until they have left law school. Practicing reading case reports will assist you in preparing for a future profession as a barrister and solicitor. The case report or judgment that I use as an example is the case of Bunge Corp. New York v Tradax Export S.A. Panama [1981] 1 WLR 711.
The difficulty arises from the fact that case law reports often include very complex language that incorporates precisely legal jargon and technical words. Furthermore, judges never get to the point, they go on and on. That is why many law students have difficulty reading them correctly. They have difficulty comprehending the parties to the case, the nature of the lawsuit, and the judge's judgments on the subject. I am going to break things down for you and show you how to start understanding and organizing the large amount of information given to law students in a judgment.
read the case in a revision guide or textbook
Start by reading about the case in a revision guide or textbook. Rather than immediately picking up the law report, you might begin by attempting to get information about the case from other sources that describe it in a simpler way. For instance, several revision notes and guides address legal reports in layman's terms and plain language, giving you a higher chance of comprehending the case. This will also provide you with the knowledge necessary to comprehend the case report prior to reading it. Once you have a firm grasp of the case, you may begin reading the case law report. Once you understand the case's basic problem, you will be better equipped to decipher tough legal jargon and make sense of the report.
Get to grips with the facts
When you get information from a reading guide or another source that simplifies the case, you should concentrate on a few points to have a better knowledge of the law. Concentrate on the case's facts rather than attempting to interpret it as a story. Attempt to refrain from forming an opinion in favor of any side until you have received all of the data. Be the judge and see things objectively until you are persuaded. Among the points on which you should concentrate your efforts are the following:
Who are the parties in the case?
What factually happened (look at botH perspectives)?
Who is the Claimant and who is the defendant?
Which side is bringing a court case?
Are there any key dates?
Who are the judges?
When you begin reading case reports, you will find that each one contains a wealth of information, which may overwhelm you. That is why it is critical for you to comprehend the parties and to disentangle the facts of the case from the parties' arguments and the judgments. One way of doing this is reducing the case into a grid. Start by laying out the essential facts and placing part of the judgment into the grid. See the example:
Bunge Corp. New York v. Tradax Export S.A. Panama [1981] 1 WLR 711
Facts
T agreed to sell 15 long tons of soya bean meal. Buyers to provide transport and to give 15 days’ notice of probable readiness of the vessel and approximate quantity required for that shipment. Notice was given on 17 June, less than 15 days before the end of June, therefore in breach of cl 7. Damages claimed for breach of condition. More understandable if a rise in price and the seller wanted to sell elsewhere. As there was a fall in price during the 4 days late, why didn't the seller waive the breach and supply?
The Grid
Identify the arguments of both parties
Once you have identified the parties and their case against one another, it is time to examine their legal arguments. Bear in mind that not every argument qualifies as a legal argument. Numerous things may make sense logically and rationally, yet they cannot be presented in court because they lack legal weight. That is why it is critical to grasp the components of any legal case.
To do this, fully study and comprehend the legal arguments advanced by both sides. Arrange the arguments according to the grid. The judge is really useful throughout the judgement because he will inform you of who argued what. One box contains a critique or reply to the box next to it. For example, if you are assigned an essay, that requires you to do a critical analysis of a judgement. To begin, determine who won, i.e. the claimant. This implies that you will argue against the verdict based on all of the defendant's arguments (including dissenting judgements). The grid will help you comprehend how the suing party is presenting their case and how the defensive party is countering or weakening those points.
Finding the decision in the case
Occasionally, the judges' arguments contradict your common thinking and might be rather conflicting. That is why it may be beneficial to first attempt to comprehend the outcome of the case before reading the individual judgments rendered by the judges in the case report. For instance, some of the judges' decisions may actually be contrary to the case's outcome. This often occurs when one of the panel's judges disagrees with the majority judgement but is in the minority. However, while reading the judgement, their disagreement (dissent) must be noted, because it provides ammunition.
The critical issue here is that various judges evaluate arguments and evidence in unique ways and methodologies. This is why, despite the fact that everything else is identical, they may reach different results. This is something that you, as a law student, must understand and accept. Understanding it can also help you improve your reading ability when it comes to case law reports.
Analyse the judgements
In an endeavour to be comprehensive, many students attempt to read the whole judgement included in the case report. Frequently, judgments include a great deal of material that is entirely technical in nature or contains additional remarks from the judge that are irrelevant to the case's outcome. By placing segments of the judgement into the grid help yourself organise it. You can leave out from the grid anything said or factors that might serve as a distraction and even cause confusion as you attempt to connect everything to make sense of it.
Conclusion
Case law reports no longer have to be a source of anxiety for any law students. In part, this is due to the legal jargon and technical terminology utilised in the reports, which is disconcerting. Through the use of a sound approach, you may overcome this obstacle and guarantee that you are fully aware of all of the facts, parties, arguments, and decisions involved in the case. If you have a strong interest in law, reading case law reports utilising my grid technique may be a rewarding and educational experience as well as a valuable learning tool. All you have to do now is make sure you do it the easiest way.