Case Comment

Unlike a case summary, a case analysis is a technical piece of legal writing which
delves (to research or to make inquiries into) deep into several layers of the case.
You are required to peel these layers off to bring out the issues and analyze the
significance of the case in the light of those issues. You can do this by following
four simple steps:-
1. Re-reading the case keeping in the mind the issues that you are going to discuss
in the Comment;
2. Comprehending complex situations and identifying the legal problems or lacunae

(gap, missing part, logical argument) in the case;
3. Sieving out (separating wanted elements from unwanted/lengthy material)

relevant details and indicators from the case that support your analysis.
4. Reaching the conclusion by adopting a particular approach.
Possible Approaches to writing a Case Comment
1. Law is not clear: Here, you need to focus more on how statutory provisions
and relevant case laws including the present case
2. The judgment is correct and clears the law: Here you need to focus more on
the positive implications of the case and its bearing on the future course of
law on that particular issue.
3. The judgment was wrong: In this approach, you try to prove how the courts
take on the issue was not correct by presenting reasons for the same.
4. The judgment was not wrong but the reasoning: Here, you need to clearly
distinguish your reasoning from that of the court and demonstrate how the court’s
reasoning is incompatible with the reasoning given in prior similar cases

5. Important issue not discussed: Here, you can identify an issue which you
think the Court should not have ignored or should have discussed in greater
detail.
The above approaches are suggestive in nature and you are free to adopt your own
unique way of presenting the critic of a judgment or come up with a combination of
the given approaches.
Structure of a Case Comment
The body of a case comment or note consists of four limbs. These are:
Introduction
A case comment should ideally begin with a short paragraph identifying the subject
of the case so as to give the reader a fair idea regarding the issues you are going to
address in the comment. The second paragraph should be a very brief statement of
facts stating only the part of the factual matrix which is essential to the issue being
discussed. Thereafter, you should write the disposition and what was eventually held
in the case in a very precise manner.
Background
The purpose of writing this section is to let the reader get the general idea about the
factual subject matter of the case before you start your analysis. The very first step
to do this is to draw an outline of the development of the law leading up to the case
under review by touching upon landmark cases and significant statutory
developments. This helps the reader to appraise the court's decision and understand
your arguments more clearly.
Analysis
This constitutes the main limb of the case comment. Here you need to ask yourself
four pertinent questions1, namely-
1. Was the Court’s decision appropriate?
2. Does this decision change/conform with existing law? Was the reasoning
consistent with previous reasoning in similar cases? Is it likely that the decision
will significantly influence existing law?
3. Did the court adequately justify its reasoning? Was its interpretation of the law
appropriate? Was the reasoning logical /consistent? Did the court consider all/omit
some issues and arguments? And, if there was omission, does this weaken the
merit of the decision?
4. What are the policy implications of the decision? Are there alternative
approaches which could lead to more appropriate public policy in this area?
If you have answered these questions satisfactorily, 80% of the work is done. As
the sole purpose of the case comment is to dissect a particular legal issue, you must
be extremely careful here as to not touch upon any extraneous or peripheral issue.
Your answer to these questions must be substantiated by logical assertions and
adequate reasoning.
Conclusion
The conclusion to the case comment should encapsulate the main essence of the
author’s findings and arguments. It is not always necessary to reach a conclusion to
decide upon whether or not the court's decision was right. You can simply end your
analysis by briefly stating the impact of the case and pointing out certain lacunae
(if any).
Using Foot-notes in a Case Comment

It is advisable that you use speaking footnotes to briefly elaborate or discuss other
relevant information which might be useful for the reader to know. Although there
is no rule as to how many footnotes should be there, you must avoid excessive
footnoting keeping in with the general policy followed by most of the reputed law
journals in the world.
Secondly, though you are free to use any type of uniform citation method, it is
advisable that you use the Blue Book method which is most commonly used for
law journals.

Case Comment

Uploaded by

Copyright:

Available Formats

Case Comment

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Case Comment

Uploaded by

Copyright:

Available Formats

Unlike a case summary, a case analysis is a technical piece of legal writing which

2. Comprehending complex situations and identifying the legal problems or lacunae

3. Sieving out (separating wanted elements from unwanted/lengthy material)

4. Reaching the conclusion by adopting a particular approach.

Possible Approaches to writing a Case Comment

reasoning is incompatible with the reasoning given in prior similar cases

Structure of a Case Comment

Using Foot-notes in a Case Comment

You might also like