Chapter 3 Flashcards
reading skills (10 cards)
What steps should a law student take when confronted by a particular statute?
- Read the section headings of the Act
- Read the definitions contained in the Act
- Scan the contents of the whole Act
- Establish how different sections relate to each other
- Determine if the courts have interpreted the Act using the ‘legislation judicially considered’ index
For an example relevant to the Children’s Act see Kok et al 85-86. For a further example relevant to the Promotion of Equality and Prevention of Unfair Discrimination Act see Kok et al 86-89.
What are the components of the structure of a reported court case?
- Name of the case
- The court where the case was heard
- The presiding officer(s)
- The dates on which the court sat
- Keywords
- Headnote
- The nature of the case
- The parties’ legal representatives
- An exposition of the facts
- An exposition of the legal position
- The ruling
- The allocation of legal costs
Kok et al 98 explain these components.
What should be understood about the meaning of the text when reading a court case?
Ensure that you understand the meaning of a text.
See Kok et al 99 in the context of meaning concerning the Prince case.
How can one understand the legal context of a court case?
- Identify which court the case was heard in
- Know the name of the case
- Identify the parties and how to refer to them
- Determine if this court was the court of first instance
- Know the presiding judges
- Identify the lawyers representing the parties
- Explain the abbreviations: CC, CJC, P, CRR, and JJ
These questions help in understanding the legal environment of the case.
What are the internal components of a case that should be subdivided?
- Facts
- Applicable law
- Application of the law to the facts
- Conclusion – result or order
For a discussion of these components in the context of Prince v President of the Law Society, see Kok et al 102-103.
What guidelines should be followed when reading and understanding a journal article?
- Understand the historical context of the article
- Identify the article’s three sections: introduction, argument, conclusion
- Engage with the text by asking specific questions about the author’s issue and solution
- Evaluate the article by assessing relevance, convincingness, and broader implications
These guidelines help in critically analyzing journal articles.
What types of questions should a reader ask while engaging with a journal article?
- Which issue does the author address?
- What is his solution to the issue?
- What are the reasons or arguments on which this solution is based?
- Which sources of authority does the author rely on?
These questions prompt deeper engagement with the text.
What should one consider when evaluating a journal article?
- Is the issue relevant or important?
- Is the solution convincing and based on the correct use of authority?
- What are the broader implications of this view?
These considerations help assess the impact of the author’s arguments.
What does the term ‘court of first instance’ refer to?
The court where a case is initially heard and decided.
Fill in the blank: A reported case contains the following elements: name of the case, court where it was heard, presiding officer(s), and _______.
Dates on which the court sat.
