Reading and analysing cases

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When reading and analysing a case, what must we recognise?
bias, uncertainty, subjectivity, potential problems, how judges reach conclusions
1 of 5
How must we contextualise?
Using understanding of wider law, using legal history, using our lecture and teextbook notes
2 of 5
Relevant facts (material facts)
We must identify key facts, and have an opinion on them to help our understanding
3 of 5
What is the reason for decision (Ratio Decidendi)
The key to the case, can often be identified by phrases like 'fundamental issue', 'matter of importance'
4 of 5
What does 'Obiter Dictum' mean?
A judge's opinion
5 of 5

Other cards in this set

Card 2

Front

How must we contextualise?

Back

Using understanding of wider law, using legal history, using our lecture and teextbook notes

Card 3

Front

Relevant facts (material facts)

Back

Preview of the front of card 3

Card 4

Front

What is the reason for decision (Ratio Decidendi)

Back

Preview of the front of card 4

Card 5

Front

What does 'Obiter Dictum' mean?

Back

Preview of the front of card 5

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