A case note will usually include:
- Citations details- include the full citation details.
- Procedural history- write about how the matter came to court if there is a history, e.g. is the case on appeal?
- Facts- Explain the main points of the dispute or the reason the parties are in court. What orders or decision as they asking the court to make?
- Legal Issues- Explain what the legal issues are and how they apply to the facts.
- Decision summary- What did the court decide and why? What was the ratio (the rule of law on which the decision is based) and was there any obiter (the Judge's opinion that isn't essential to the decision). Also include and dissenting Judges where applicable.
- Critical Analysis- Some case notes will also require you to critically analysis the case, this will involve looking at the case in the wider body of law and discuss the merit or importance of the points of law raised in the case.
You usually have a strict word count for your case note, because of this limit the detail that you have for the background information and focus on the analysis.
Tip: Always read through your assignment instructions for specific information that will apply to your assessment task.