Judicial Determination of a Dispute Between Parties - Law Assignment Help

Assignment Task:

Learning to read and analyze case law is one of the fundamental skills of law students (as well as lawyers and judges). This skill will take time to acquire, though you will find you quickly get both better and faster with regular practice. 

This document is designed to help you understand the various constituent elements of a case and to assist you in reading, understanding and analyzing a case. Ultimately, though, the only way to gain these skills is to practice. This means dedicating the time to the (often painful) process of reading cases. If you are writing about a case, you are likely to need to read the case multiple times. This is an active process that requires focus on identifying legal issues, rules, and judicial responses. The more difficult aspects relate to understanding why the court reached the conclusion it did, include what policy or principles underlie that position, and what factors may have influenced that decision.

This guide should be read together with the document ‘Anatomy of a Case’, which provides a glossary of key terms and parts of a case. 

KEY ELEMENTS IN A CASE

A case is a public record of a judicial determination of a dispute between parties. The case is more than simply a record of how the dispute was resolved. In the case, the judge explains how he or she applied the law to the facts to resolve the dispute. In doing so, the judge helps crystallise the law – reframing and at times altering the very law that is applied. When you read a case, you need to be aware of both the dispute-resolution and the law-creation aspects of the case. Every case will include aspects on:

1)Dispute Resolution: A case is the written judgment of the Court resolving a dispute between parties. The case will include details about who the parties are, what issues were in dispute, and how it was resolved;

2)Establishing the Law: The case will also contain an overview of the law, and will contain a finding as to the law applicable to the dispute (the ratio of the case), as well as other statements of law. 

These issues will often be intertwined. Nevertheless, when you read the case, you must be confident in understanding the factual issues (which go to the dispute resolution aspect) and the legal issue (which go to the law-creation aspect).

You should bear in mind that this is a guide only, and while these elements are likely to be present in most cases they may occur in different parts of the case, in different ways and to a different extent and clarity. Each case will be written by a different judge (or judges) responding to particular circumstances, and with a unique style, form and technique. While there are conventions about how a case is written, there is no ‘standard format’. This means that a high degree of flexibility is needed to engage with and understand cases. 
 

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