WRITING A CASE NOTE
What Is a Case Note?
A case note is a concise piece of legal writing that analyzes a specific judgment
—usually a recent or landmark case. It includes a summary of the facts, the legal
issues, the court’s decision, and a critical discussion of the reasoning and
broader implications of the judgment.
It is used in academic, professional, and practical legal contexts to demonstrate
understanding of legal principles and judicial decision-making.
Why Are Case Notes Important?
1. Develops legal analysis and critical thinking skills.
2. Bridges the gap between legal theory and judicial practice.
3. Helps students and legal professionals understand how statutes are
applied in real cases.
4. Contributes to the academic and professional discussion about the law's
development.
Relevance to Legal Research and Writing
Case notes support doctrinal legal research and provide structured insights into
the evolution of law. They help:
- Track the development of legal principles.
- Understand statutory interpretation in judicial reasoning.
- Compare judicial decisions across time or jurisdictions.
When and Why Are Case Notes Written?
Case notes are typically written:
- In academic tutorials or exams to assess case comprehension.
- For publication in student or professional law journals.
- To analyze new legislation, landmark judgments, or evolving areas of law.
- They are written to inform, explain, analyze, or critique legal decisions and
their implications.
Choosing a Case for a Case Note
A suitable case for a note should be:
- Recent or landmark (e.g., Supreme Court or Constitutional Court
decisions).
- Rich in legal reasoning or interpretative analysis.
- Socially or legally significant (impacting rights, institutions, or public
policy).
- Controversial or divided (e.g., dissenting opinions, public attention).
Types of Case Notes
There are three main types:
1. Descriptive Case Note – Summarizes the case without critique.
2. Analytical Case Note – Focuses on evaluating the reasoning and legal
interpretation.
3. Critical Case Note – Offers deep, often theoretical or comparative critique,
and explores implications.
Descriptive Case Note
Purpose: To present an objective and structured account of the case.
Structure:
- Case citation and court
- Procedural history
- Facts of the case
- Legal issues
- Judgment and reasoning
Audience: Beginners, students, or researchers needing a concise summary.
Limitation: Lacks depth and analysis of reasoning.
Analytical Case Note
Purpose: To explain and evaluate the court’s reasoning.
Structure:
- Introduction
- Facts and procedural background
- Legal issues before the court
- Interpretation or application of law
- Commentary on reasoning and use of precedent
- Conclusion
Adds insight into judicial thinking and statutory interpretation. Suitable for
coursework and academic writing.
Critical Case Note
Purpose: To critique the judgment deeply from doctrinal, theoretical, or policy
perspectives.
Structure:
- Introduction and relevance
- Summary of the case
- In-depth critique of reasoning]
- Theoretical or comparative insights
- Policy and legal implications
- Conclusion
Audience: Advanced legal researchers, academics, policymakers.
Why Are These Types Different?
The types differ in:
- Depth of engagement (summary vs. analysis vs. critique)
- Purpose (inform vs. evaluate vs. challenge)
- Audience (students vs. academics vs. professionals)
They reflect the writer’s purpose, experience, and intended impact.
Case Notes and Statutory Interpretation
A good case note in a statutory interpretation context should:
- Identify the statutes in question.
- Highlight how the court interpreted the statute (literal, golden, purposive
rule)
- Analyze how and why certain interpretative rules were chosen.
- Consider consistency with precedent and legislative purpose.
Skills Developed Through Case Notes
1. Legal summarization and reading comprehension.
2. Application of statutory interpretation principles.
3. Doctrinal legal analysis.
4. Structured and critical legal writing.
5. Understanding the real-world operation of legal rules.
Conclusion and Next Steps
In the next tutorial, students will apply these principles by writing a concept note
analyzing For Women Scotland Ltd v The Scottish Ministers (2025).
Focus will be on identifying how the court used statutory interpretation to resolve
the legal issues, and evaluating the coherence and consequences of the court’s
approach.
