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Anatomy of a Case and Basic Case Citation

An Introduction to What You Will Read and

How You Will Cite It

Today’s Objectives

Basic Structure of a Philippine SC decisions

Basic Citation Forms

A Case– what is it?

A Case Is a Legal Opinion

Written for someone other than you

Presumes knowledge of the law
Focused on resolution of a particular circumstance
Becomes part of the “law”

Our Task ….

Understand case structure

◦ Save time
◦ Work smart
Use the case
◦ Find the rule of law
◦ Understand the court’s thinking to predict future outcomes
◦ Tool for additional research

Sidebar--- What gets published?

Supreme Court decided cases

Legal Writing and Research

Anatomy of a case and Basis Case Citation
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Legal Writing and Research

Anatomy of a case and Basis Case Citation
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Legal Writing and Research

Anatomy of a case and Basis Case Citation
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TIPS!

Why do we care what court issued the decision?

Stare Decisis
◦ “Lat. To stand by decided cases; to uphold precedents; to maintain former
adjudications.”
Mandatory Authority
◦ Cite must tell us what weight the reader should give it.

Stare decisis et no quieta movere

(to stand by decisions and not disturb the undisturbed)

Legal Writing and Research

Anatomy of a case and Basis Case Citation
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Once a case has been decided one way, then another case, involving exactly the same point and
issue, should be decided in the same manner.

Obiter dictum
(By the way)

An opinion expressed by a court upon some question of law which is not necessary to the decision
of the case before it.

Ratio decidendi vs Obiter Dictum

Ratio decidendi
The point in a case that determines the judgment
The principle that the case establishes
Unlike obiter dicta, the ratio decidendi is, as a general rule, binding on courts of lower and
later jurisdiction—through the doctrine of stare decisis

Obiter dictum
An opinion expressed by a court upon some question of law which is not necessary to the
decision of the case before it

Limitations of stare decisis

The rule of Stare Decisis is not absolute. The principle does not blind adherence to
precedents.
If it is found contrary to law, must be abandoned. The principle should not apply when
there is conflict between the precedent and the law.
If the inferior courts feel that the precedent is against their way of reasoning, they may
state their personal opinion but still they are bound to follow it.

Read, Understand, Digest, Rest

Creation of the Case Citation

What is Legal Citation?
Method which lawyers refer to sources that they rely upon when writing.
Identifies the location of a particular source

Legal Writing and Research

Anatomy of a case and Basis Case Citation