TOPIC 1:

METHOD OF
STUDY
INTRODUCTION TO LAW (TSU0314)
HOW TO READ
LAW
DEFINITION

What is What is
case? case law

-Case is a judgment of the court.

-Case law is the term used to describe the collection of all the
legal principles emanating from all the reported cases on a
given topic.
Reading cases
1) The name of the case.
2) The court in which it was heard.
3) The names of the judge(s) presiding.
4) The hearing date(s).
5) The headnote.
6) Notes of cross-reference to Halsbury, Mallal’s Digest etc.
7) A list of cases referred to.
8) Details of the appeal.
9) The names of counsel appearing in the case.
10) The judgment(s).
11) Letters in the margin.
 provides a brief statement of the material
facts of the case

indicate the legal issues (usually called the

questions of law) to be considered by the
What is court.

headnote? contains a summary of the court’s decision

on the issue of fact and law,

give some indication of the effect of this

decision on existing case law.
 Referred/cited Affirmed Reversed

The terms
normally used Applied Approved Considered

on law reports Distinguished Overruled Not followed

Tips to read cases

Read the case Write the Facts of the Remedy Prior

read twice.
all through citation case sought proceedings

Legal Outcome or Grounds of

Issue Arguments
reasoning decision appeal
Ratio decidendi

determines the judgment or it is the basis of the decision

the principle of law
 a remark or observation
made by the judge in a
“by the way”.
judgment that is “said in
passing”.
Obiter dictum
is not related to the
material facts of the
case
Example
THANK YOU