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WRITING CASE NOTES AND CASE COMMENTS1 - Open …

1 WRITING case NOTES AND case COMMENTS1 Jessica Giles, Law Lecturer, The Open University Contents 1. Introduction Learning outcomes 2. WRITING case NOTES How to start Common law, civil law, international law and supranational law legal systems and types of judgment Deconstructing and reconstructing a case Organising the pieces Reconstructing legal argument Deciding on a topic or case upon which to comment Summary 3. Purpose and format of case comments Activity Purpose Format Key elements of a case comment: introduction Key elements of a case comment: explanation of the case Key elements of a case comment: discursive argument Key elements of a case comment: conclusion Summary 4.

2 Writing case notes The ability to write a clear and succinct case note is useful in and of itself as a legal skill, particularly in common law legal systems which operate a doctrine of precedent whereby judicial decisions form part of the law of the land. It is also important in case comment writing since a clear understanding of the essential

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