Unit 1 Flashcards
(33 cards)
Reading quickly. Focusing on the first and last line of the paragraphs, headings, underlined and bold words.
Skim reading
Reading quickly. Focusing on the first and last line of the paragraphs, headings, underlined and bold words.
Skim reading
Looking for specific information without reading the whole text.
Scanning
Looking for specific information without reading the whole text.
Scanning
Reading attentively to get the main and supporting ideas of the text
Scanning
Reading attentively to get main and supporting ideas of the text. Includes reading a text more than once.
Reading closely and carefully
Methods to use when working around unfamiliar words
Use words you already know to find meaning of the new words. Use a dictionary
Guidelines on reading an Act of Parliament
- Read headings
- Read definitions in the Act
- Scan through the contents of the Act
- Link various sections of the Act
- Important question- has the court interpreted the Act or reviewed “Acts of Parliament” against the constitution
Citing a court case
- Name of the case(in italics)
- Year and volume
- Law report(abbreviation)
- Page reference
- Court abbreviation
What kind of court cases are published in law reports?
- Set new precedent
- Reverse a legal principle
- Confirm a legal principle
How should you read a case?
With the purpose of getting the legal principle
Elements contained in a reported case
- Name of the case
- Court the matter was heard
- Name(s) of the judge(s)
- Hearing date(s)
- Main concept of the case set-out in telegram style.
- Facts of the case and legal principle decided in the case on the headnote
- Kind of case
- Names of the legal reps for each party
- Date judgment was handed down
- Facts of the case
- Relevant law applicable
- Analysis of authority(legislation, precedents, legal writing)
The initial court where the matter is heard.
Court of first instance(court a quo)
The initial court where the matter is heard.
Court of first instance(court a quo)
Factors to be considered before appealing a matter
- Orbiter dicta(remarks made in passing)
- The order(decision, including costs)
- Names of the attorney representing each party
Factors to be considered before appealing a matter
- Orbiter dicta(remarks made in passing)
- The order(decision, including costs)
- Names of the attorney representing each party
Factors to consider when case is heard on appeal
- Orbiter dicta
- Order of the court at first instance
- Order of the court in appeal
- Names of attorneys
The decision of the court in a particular case
Judgment
The decision of the court in a particular case
Judgment
What is included in the judgement
- Statement of facts
- Analysis of the relevant law
- Application of the law to the facts
- Orders made
How to read a judgment
- Find the case
- Read the headnote in the case to ascertain the reason for findings(ratio decidendi)
- Scroll down to read the full judgment
How to read a judgment
- Find the case
- Read the headnote in the case to ascertain the reason for findings(ratio decidendi)
- Scroll down to read the full judgment
How to summarise a court case
F- Facts
I- Issues
L-Law
A- Application of the law
C- Conclusion
What is included in Facts?
- Parties involved, what happened(factually and procedurally) and judgment
- Background story
- who, when, where, what
- sets out who the(applicants, plaintiffs or appellants) and the (defendants or respondents) are
- Tells you whether it is an appeal case, what court trial took place in, and what happened in the court a quo
