Writing Case Comments

Possible Approaches to writing a Case Comment are as follows:

i. Law is not clear: In this case, the focus is more on how statutory provisions and
relevant case laws, including the current case, have created an unpredictability of
law on that specific issue, or, have neglected to fill the legal void.

ii. The judgment is correct and clears the law: In this case, the focus is on the positive
ramifications of the case, i.e. how the judgement influences the future course of law
on that specific issue. The writer provides extra reasons to how the counter-
contentions don’t have a legal standing.

iii. The judgment was wrong: In this methodology, the adds to the other disagreeing
conclusions in his/her own words and logic.

iv. The judgment was not wrong but the reasoning was: Here, the writer, by drawing
upon the ratio decidendi of comparative, earlier cases, tries to prove inconsistency
in the current court’s rationale. He/she attempts to highlight how the current court’s
reasoning on the issue is at conflict with the spirit of law or public policy.

v. Important issue not discussed: In this case, the writer draws attention to a legal
question that has been disregarded, or not given adequate attention.
The above methodologies are suggestive in nature. Often, a writer finds the need to mix the
methodologies with respect to specific cases.

Structure of a Case Comment

The body of a case comment or note comprises of four appendages. These are:
a. Introduction
The issues, or legal questions that you intend to discuss, should be mentioned at the very start.
This prepares the reader to appraise your line of argument closely.
This should be followed by a brief outline of the facts. Noteworthy here, the arrangement of
facts should be such that it helps understand the legal question better.

b. Background

The reason for composing this segment is to let the reader get the general thought regarding
the topic. the genuine topic. You need to mention relevant milestone cases that align with the
issue at hand, and also the legal turn of events in the current case. This encourages the reader
to assess the court’s choice vis a vis the arguments you offer in a better manner.

c. Analysis
Here you have to reason on the following grounds:
i. Was the Court’s decision correct?
ii. Was the reasoning consistent with past thinking in comparative cases?
iii. Did the court legitimize its thinking?
iv. Was its understanding of the law (statutes) suitable? Was the thinking
legitimate/reliable? Refer to Supreme Court’s observation on the rights of MTP for
unmarried women.
v. Did the court preclude a few issues and contentions?
vi. Also, if there was oversight, does this debilitate the value of the choice?
Your response to these inquiries must be validated by sensible declarations and satisfactory
thinking.

d. Conclusion
The conclusion to the case comment should summarize your own discoveries and claims.