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Legal Writing Notes

This document provides guidance on writing case digests and using active voice in writing. It discusses that case digests should provide a short overview of the key parts of a case to avoid re-reading, break the case into digestible chunks, and focus on the material facts, issues, and court's reasoning. When writing case digests, headings and sections for the citation, facts, issues, and ruling should be used. The document also recommends using active voice in writing to engage the reader by having the subject perform the action rather than being acted upon. Some ways to achieve this include using active sentences that have the subject produce the action and active descriptions that activate verbs. Nominalizations and participles should be avoided as they attract

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58 views2 pages

Legal Writing Notes

This document provides guidance on writing case digests and using active voice in writing. It discusses that case digests should provide a short overview of the key parts of a case to avoid re-reading, break the case into digestible chunks, and focus on the material facts, issues, and court's reasoning. When writing case digests, headings and sections for the citation, facts, issues, and ruling should be used. The document also recommends using active voice in writing to engage the reader by having the subject perform the action rather than being acted upon. Some ways to achieve this include using active sentences that have the subject produce the action and active descriptions that activate verbs. Nominalizations and participles should be avoided as they attract

Uploaded by

Future Avocado
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Case Digests Active Voice

-Provides the reader with a short overview -engages the reader with movement and
of the important parts of the case and thus action.
usually avoids the need to re-read the case. -sentences should feel like the subject
-Aids in breaking down the case into produces the action.
digestible chunks of information. -Avoid using nominalization, participle,
-It encourages students to focus on the auxiliaries, and conditionals.
essential components of a judgment,  Nominalization- verbs used as
including the material facts, the issue(s) and nouns.
the reasoning of court.  habitual nominalization attracts
-to learn how to case digest, it is necessary surplus and unnecessary words.
to learn how to deconstruct a legal argument
set out in a judicial decision and identify its 1. Active sentences-the subject produces the
various parts. action.
e.g.
Ratio Decidendi (the reason) Passive: the sound of music’ was seen by
-the point of the case that determines the mario.
judgement. Active: Mario saw the sound of music
-the principle that the case establishes 2. Active description- verbs activate the
-a legal rule derived from and consistent description.
with, those parts of legal reasoning within a e.g.
decision on which the outcome of the case Passive: The room was filled by his anger.
depends. Active: His anger filled the room.

Obiter Dictum (by the way) Focus on:


-a remark in judgment that is said in passing. Who- Actor
What- Action: using the word that best
Writing your case digest express what you want to say
1.Make use of Separate headings. Whom- object of the action: to whom the
2. Headings common to short and detailed action is directed.
cases. Example:
-citation and case details, facts, issues, P: There were no authorities cited by the
ruling court in its judgement.
3. Detailed case digest should include: A: The court cited no authorities in its
-procedural history, dispositive, important judgement.
obiter, reference to the reasons of separate
opinion. Nominalizations- verbs used as nouns
“buried verbs”
Citation and Case Details -attracts unnecessary words.
1. The Parties
2. Case’s full citation details. PARTICIPLE
3. The court and ponente -verb used as aan adjective or noun. It is
somes called “verbal”
Facts As adj.: the crying lady.
-an objective summary of the pertinent facts
including the parties’ major arguments. GRAMMAR
-aim is to illustrate the facts that were -set of patterns for how words are put
relevant in the courts reasoning. together to form phrases or clauses, whether
-Tailor fit the facts based on the ration. spoken or in writing.

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