1.

Class notes for 08/03/2023

1.Facts and introduction

All the facts about the case, all the important information regarding the situation, and who the
parties involved are involved in the case. It introduces the main problems regarding the case.
It is basically the ‘story’ behind the case. Refrain from using; I, me and my. Do not use rst person
perspective. Elaborate on the facts.

2. The legal question

It is what the court has/had to decide on during the case.

It is the main reason for the case. It is what the party is asking the court.
What does the party want?

3.Application of law and 4. Legal analyses.

The law that is applicable in the case. Listing the sources that the court used during the case.
For example the section of law or a human right. What the sections state and how the section is
applicable to the case. The analyses, is how the applicable law impacts the case. Also the courts
argument regarding the situation. Taking the sections into consideration. Also the cases the court
looks at. When you apply your facts to the sections you must make a link between the facts and
how the court argued those facts.
Basically state the argument that was made and which section supports the argument.

5. Conclusion

No new facts are allowed. It is the end of the ’story’. It is what happened at the end of the case
and what was decided by the court. You must also state why the court made the speci c
decision.

EXTRA NOTES

Look at all the sections the court looked at.

Ensure to mention all the mentioned sections of law.
SECTIONS OF THE CONSTITUTION!!; HOUSING, CHILDREN AND LIMITATION OF RECOURSES,
section 36.
They look for the facts.
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2.
Reading and understanding a journal article.

5 steps:

1.Understand the historical context of the article

-Establish when the article was published

-est. who the author is(all their info)
-est. where the article ts in regarding the intellectual development of the author

2.Analyse the structure of the article

-Introduction, argument and conclusion

3.Read the article

-using the three reading techniques

-use a dictionary where meaning of words are not clear
- read footnotes

4.Analyse the argument

-critically engage with the author by asking various questions on issues, source of authority,
reasons or arguments on which the solution is based.

5. Evaluate the article

-what is the relevance and signi cance of the article.
-has the author used the correct authority in determining the solutions discussed in the article
-implications of the author’s views

3.
SUMMARY

How to summarise

a-capture the following

-the main idea
-original message
-content of the main text

Guidelines for summaries;

1.understand the entire text and identify a structure or patter

-introduction, argument ( break down the argument-points) and conclusion

2.gain an overview of the text

-by reading through the whole text

3.understand the keywords and concepts

-search the words and concepts to ensure you understand it

4. Distinguish between general rules, principles, and exceptions.

5. Use simple language, easy to understand.

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6. what is the format you need to use to summarise?
-descriptive headings and subheadings
-general principles and exceptions to those general principles
-relevant cases and articles
-short sentences and schemes re ecting the relationship between topics

7. integrate various sources, synthesise the material

-articles
-cases
-legislation
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