EXPERT OPINION ON EFFECTIVELY READING AND SUMMARISING CASE LAWS
With access to abundant information available online, it becomes very significant how one is able to utilize one’s time effectively and invest it in dealing with information that will generate valuable outcome. Especially when we belong to legal fraternity, it becomes even more crucial to keep oneself abreast with latest information and at the same time be able to make constructive use of all available information by wisely discerning what will be beneficial. In the legal field, lawyers often need to go through many legal cases in a very short span of time for preparing their briefs and cases which might sometimes become a cumbersome task. Adopting an effective strategy for winning a case and saying right thing at the right time are few skills that can help lawyers either win or lose stakes. Going through many legal cases indeed is a time consuming task but the same can add a lot of quality to the kind of arguments and approach one presents in court. The statute coupled with case law together make up for the essence of legal issues in question. Knowledgentia Consultants which is the best law firm in India, offers clear and succinct solutions to the art of effectively reading and summarizing case laws.
Effectively
reading a case law includes within its ambit not just going through and simply
reading the case but also understanding and applying the relevant legal
principles to the case at hand. Following points can help us understand
effective way to read a lengthy case law and create full value out of it in
one’s favour:-
1.
UNDERSTAND
WHAT CONSTITUTES JUDGEMENT
Any
case law broadly comprises of segments such as name of court, name of parties,
citation, facts, issues of law and fact, findings of court, arguments
culminating finally into reasoned judgment of the court followed by name of
judges which helps us in understanding the basic ideology embedded in the order.
2.
START
WITH FACTS
The
basic point is to firstly start with reading and understanding the facts of any
case. If one has understood the facts, then the context of the case and
practical application becomes very apparent. Reading facts and noting down key points
is the most crucial strategy.
3.
UNDERSTAND
ISSUES IN RELATION TO FACTS OF CASE
This
part is crucial and at the same time needs to be very wisely handled and
understood for the very simple reason that application of legal principles and
arguments are completely centered around issues of fact and law. So, by and
large all issues must be understood clearly and understood in the context of
facts. Arguments of counsels are formulated based on questions of law and fact
that are involved.
4.
UNDERSTANDING
RATIO DECIDENDI
Ratio
Decidendi is the operative part of any case law where the court summarizes all
observations and apply legal principles in the given set of facts. It contains
the crux of the entire judgement and lays down the law in clear and succinct
terms. It also incorporates all other cases and laws which the present judges
have based their conclusion and interpretation upon.
5.
KEEP
A BARE ACT HANDY
Having
a bare act handy and scanning the section while side by side reading the judgment
is always useful to grasp and interpret the meaning in wholesome manner.
6.
CASE
ANALYSIS
To be
able to analyze the case effectively it is always advisable to read additional
material. Reading a lot of material and having in depth knowledge of the
subject can result in better quality of analysis and application.
7.
USE
RESEARCH PORTALS FOR QUALITY RESEARCH
In
today’s times, its not only important that the work is qualitative but its also
crucial how great amount of work can be done at a breakneck speed at the same
time. With the advancement of technology, we today have access to various legal
research portals so using them effectively can also be a boon for effective
reading and summarizing large amount of case law in lesser time.
8.
WORKING
ON ONE’S VOCABULARY AND COMPREHENSION
For
succeeding in legal field, its very crucial that one is able to polish their
vocabulary and comprehension on a daily basis. This skill also supports in
grasping facts quickly as well as having a clear and precise picture of the
judgement.
9.
PREPARATION
OF A CASE NOTE
Effectively
bringing about the timeline along with facts, cause of action and legal issues can
adda great value to the case note. Keeping it precise and adding statutory
provisions along with judgements to be cited can be a win win situation not
just for the lawyer presenting case summary but also the one who is on the
other side.
Knowledgentia
Consultants which provides best contract drafting services, is one-stop
solution for all kind of legal matters. In case of any query regarding this
matter you may email us at info@knowledgentia.com or
visit our website -https://knowledgentia.com/.
Comments
Post a Comment