COURTS & DISPUTE RESOLUTION I

Module Overview

• Course Title: LW111 Courts & Dispute Resolution I

• Focus: Court Structure and Implications of Case Law

• Topic of Discussion: Dissecting Case Laws and their Structure

• Coordinator: Ms. Ashley Singh

• Lecture Schedule: Mondays 5-6 pm, Wednesdays 7-8 pm

Importance of Case Structure

• Understanding the structure of cases is critical for:

  • Effective reading and analysis of legal cases

  • Mastering legal concepts and citation

Legal Citation Fundamentals

• Significance: Legal citation is essential for citing authority in legal arguments.

• Authority includes:

  • Statutes

  • Regulations

  • Court rules

  • Prior judgments from higher courts

  • Persuasive secondary literature (treatises, journal articles)

• Consequence of poorly cited authority: Potential sanctions for lawyers

Case Citation Structure

• Purpose of Case Citation: Organizing, identifying, and locating legal cases

• Complete Citation Includes:

  • Names of all parties involved

  • Volume number of the court reporter

  • Abbreviated name of the court reporter

  • Starting page number where the case is located

  • Year of the case decision

• Citation Formats:

  • Reported Case:

  • Example: R v Hughes (2000) 202 FLR 535

  • Year in square brackets for annual series: Bakker v Stewart [1980] VR 17

Elements of a Reported Case Citation

• Example: Hill v Chan (2022) 2 FLR 148

  • Case Name: Hill v Chan

  • Year: (2022)

  • Volume Number: 2

  • Law Report Abbreviation: FLR

  • Starting Page: 148

Reported vs. Unreported Cases

• Reported Cases: Published in official law report series

• Unreported Cases: Judgments exist but are not published in series

Structure of a Reported Case Law

• A legal report consists of various sections:

  • Judgment/Opinion: Judge's reasoning

  • Parties' Names: Involved in the case

  • Date of Hearing: Often before the report publication

  • Judges' Names: Those who presided over the case

  • Keywords: Subject terms for quick reference

  • Headnote: Summary of the case providing material facts, legal issues, and decisions

Case Elements in Citation

• Each case citation should detail additional elements like:

  • Facts and Issues

  • Judicial History

  • Legal Authorities Referenced

  • Court Opinion/Judgment

Identifying Relevant Facts

• Facts should encapsulate:

  • Who, when, what, where, and why relative to the case

  • Focus on facts that influence the judgment outcome

Legal Issues in a Case

• Legal issues provide the questions the court must resolve

• Formulated as Statements: e.g., Did A murder B…?

Understanding Ratio Decidendi

• Ratio Decidendi:

  • The essential reasoning behind the legal decision

  • Must directly relate to the legal issue at hand

  • Comes from legal disputes, not merely factual ones

  • All necessary steps to the conclusion must be binding

Practical Applications

• Students should practice identifying:

  • Legal issues, relevant facts, and ratio decidendi in case law

  • Differentiate between ratio decidendi and obiter dicta, and provide examples

Additional Resources

• Tutorial questions and practice scenarios available weekly

• Reference material for legal citation: Australian Guide to Legal Citation

Final Reminders

• Be prepared for tutorials and engage actively

• Courteous behavior both in person and online is essential.

Course Title: LW111 Courts & Dispute Resolution I
Focus: Court Structure and Implications of Case Law
Topic of Discussion: Dissecting Case Laws and their Structure, focusing on the intricacies and nuances that characterize legal decision-making and how various elements interact within the legal framework.
Coordinator: Ms. Ashley Singh, a legal expert with extensive experience in dispute resolution and legal education.
Lecture Schedule: Mondays 5-6 pm, Wednesdays 7-8 pm; each lecture will incorporate case studies and interactive discussions to enhance understanding and practical application of the content.

Importance of Case Structure
Understanding the structure of cases is critical for:

• Effective Reading and Analysis of Legal Cases: A well-structured approach allows students to dissect case law more efficiently, identifying key components such as facts, issues, and rulings.

• Mastering Legal Concepts and Citation: Understanding how cases are constructed helps students not only in citation but also in comprehending broader legal concepts and arguments presented within cases.

Legal Citation Fundamentals
Significance: Legal citation is essential for citing authority in legal arguments, ensuring that all sources used are credible and verifiable. Proper citation builds the lawyer’s credibility and supports the legal argument.
Authority includes:

• Statutes: Laws enacted by legislative bodies.

• Regulations: Rules set by governmental agencies that have the force of law.

• Court rules: Procedures governing the operation of courts.

• Prior judgments from higher courts: Essential for establishing precedents in legal arguments.

• Persuasive secondary literature (treatises, journal articles): Scholarly work that can potentially influence the outcome of cases by providing additional context or reasoning.
  Consequence of poorly cited authority: Potential sanctions for lawyers, which can include professional discipline or negative judgments against their cases.

Case Citation Structure
Purpose of Case Citation: Organizing, identifying, and locating legal cases efficiently and effectively, serving as a roadmap for legal practitioners.
Complete Citation Includes:

• Names of all parties involved: Essential for identifying relevant legal entities.

• Volume number of the court reporter: Organizes cases in publications.

• Abbreviated name of the court reporter: Standardizes references.

• Starting page number where the case is located: Aids quick retrieval.

• Year of the case decision: Critical for understanding the temporal context of the law.
  Citation Formats:

• Reported Case:
  Example: R v Hughes (2000) 202 FLR 535, indicating a decision published in 2000.

• Year in square brackets for annual series: Bakker v Stewart [1980] VR 17, where the brackets specify a particular reporting series.

Elements of a Reported Case Citation
Example: Hill v Chan (2022) 2 FLR 148

• Case Name: Hill v Chan, which is formatted to clearly show the names of the parties involved.

• Year: (2022), indicating the year the decision was made.

• Volume Number: 2, showing the volume of the law report in which this case appears.

• Law Report Abbreviation: FLR, standard abbreviation for the reporting series.

• Starting Page: 148, the first page of the report.

Reported vs. Unreported Cases
Reported Cases: Published in official law report series, ensuring accessibility and legitimacy.
Unreported Cases: Judgments exist but are not published in series; may still be relevant for precedent or informative purposes but lack authentication by official reporting entities.

Structure of a Reported Case Law
A legal report consists of various sections including:

• Judgment/Opinion: Detailed reasoning and analysis provided by the judge(s) regarding the legal conclusions and interpretations.

• Parties' Names: Clearly stating all parties involved in the litigation to identify them within the legal context.

• Date of Hearing: Important for grounding the case in a timeline, often occurring before the report publication date.

• Judges' Names: Those who presided over the case, crucial for understanding weight and authority of the opinion provided.

• Keywords: Subject terms for quick reference, aiding researchers and legal practitioners in locating relevant content.

• Headnote: Summary of the case providing essential material facts, legal issues, and the decisions rendered, often serving as a quick reference for initial understanding.

Case Elements in Citation
Each case citation should detail additional elements like:

• Facts and Issues: A clear exposition of the case background; capturing the context and significance.

• Judicial History: Previous decisions or judgments that relate to the case.

• Legal Authorities Referenced: Relevant statutes, case law, or other legal principles relied upon in the judgment.

• Court Opinion/Judgment: The concluding remarks that encompass the verdict reached.

Identifying Relevant Facts
Facts should encapsulate:

• Who, when, what, where, and why relative to the case, ensuring clarity.

• Focus on facts that influence the judgment outcome, allowing students to discern which elements are pivotal to the legal reasoning.

Legal Issues in a Case
Legal issues provide the questions the court must resolve; articulated clearly to facilitate understanding of the court's challenges.
Formulated as Statements: e.g., Did A murder B…? A direct approach to state what legal quandary is being examined.

Understanding Ratio Decidendi
Ratio Decidendi:
The essential reasoning behind the legal decision, distinguishing it from other elements of the case.

• Must directly relate to the legal issue at hand; central to the decision's validity.

• Comes from legal disputes, not merely factual ones; focuses on the legal principles derived from the case.

• All necessary steps to the conclusion must be binding, ensuring that the reasoning is legally sound and authoritative.

Practical Applications
Students should practice identifying:

• Legal issues, relevant facts, and ratio decidendi in case law, honing their analytical skills for real-world application.

• Differentiate between ratio decidendi and obiter dicta, and provide examples to strengthen comprehension of these concepts.

Additional Resources

• Tutorial questions and practice scenarios available weekly to facilitate learning and comprehension of practical legal skills.

• Reference material for legal citation: Australian Guide to Legal Citation, a comprehensive resource for proper citation practices, enhancing students' academic and professional writing.

Final Reminders

• Be prepared for tutorials and engage actively; participation is vital for effective learning.

• Courteous behavior both in person and online is essential; professionalism must be upheld throughout the course and interactions.