Case Analysis

CASE ANALYSIS
INTRODUCTION
Unlike a case summary, a case analysis is a technical piece of legal writing which delves deep into several layers of the case.
You are required to peel these layers off to bring out the issues and analyse the significance of the case in the light of those
issues. You can do this by following four simple steps:-
1. Re-reading the case keeping in the mind the issues that you are going to discuss in the Comment;
2. Comprehending complex situations and identifying the legal problems or lacunae in the case;
3. Sieving out relevant details and indicators from the case that support your analysis.
4. Reaching the conclusion by adopting a particular approach.
POSSIBLE APPROACHES TO WRITING/DOING A CASE ANALYSYIS
 Law is not clear: Here, you need to focus more on how statutory provisions and relevant case laws including the present
case have created an uncertainty of law on that particular issue or failed to fill the legal void.
 The judgment is correct and clears the law: Here you need to focus more on the positive implications of the case and its
bearing on the future course of law on that particular issue. You may also have to provide additional reasons for how the
counter-arguments do not have a legal standing.
 The judgment was wrong: In this approach, you try to prove how the courts take on the issue was not correct by presenting
reasons for the same. The common mistake which students usually do here is that they reiterate the dissenting opinion in their
own words without adding their own personal critic of the judgment.
STRUCTURE OF A CASE ANALYSYS/ COMMENT
The body of a case analysis /comment or note consists of four limbs. These are:
Introduction
It should ideally begin with a short paragraph identifying the subject of the case so as to give the reader a fair idea regarding
the issues you are going to address in the comment. The second paragraph should be a very brief statement of facts stating only
the part of the factual matrix which is essential to the issue being discussed. Thereafter, you should write the disposition and
what was eventually held in the case in a very precise manner.
Background
The purpose of writing this section is to let the reader get the general idea about the factual subject matter of the case before
you start your analysis. The very first step to do this is to draw an outline of the development of the law leading up to the case
under review by touching upon landmark cases and significant statutory developments. This helps the reader to appraise the
court's decision and understand your arguments more clearly.
Analysis
This constitutes the main limb of the case comment. Here you need to ask yourself four pertinent questions1, namely-
1. Was the Court’s decision appropriate?
2. Does this decision change/conform with existing law? Was the reasoning consistent with previous reasoning in similar cases?
Is it likely that the decision will significantly influence existing law?
3. Did the court adequately justify its reasoning? Was its interpretation of the law appropriate? Was the reasoning logical
/consistent? Did the court consider all/omit some issues and arguments? And, if there was omission, does this weaken the merit
of the decision?
4. What are the policy implications of the decision? Are there alternative approaches which could lead to more appropriate
public policy in this area?
Conclusion
The conclusion to the case comment should encapsulate the main essence of the author’s findings and arguments. It is not
always necessary to reach a conclusion to decide upon whether or not the court's decision was right. You can simply end your
analysis by briefly stating the impact of the case and pointing out certain lacunae (if any).
 The judgment was not wrong but the reasoning: Here, you need to clearly distinguish your reasoning from that of the
court and demonstrate how the court’s reasoning is incompatible with the reasoning given in prior similar cases on that issue
and goes against the spirit of law or public policy.
 Important issue not discussed: Here, you can identify an issue which you think the Court should not have ignored or
should have discussed in greater detail.
The above approaches are suggestive in nature and you are free to adopt your own unique way of presenting the critic of a
judgement or come up with a combination of the given approaches.

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CASE ANALYSIS

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