Saturday, June 19, 2010

How to Digest Cases

Case digest is a digest, hence it must be concise.
1. Speed read the entire case. This will give you an overall picture or idea of what the case is all about.
2. Read the dispositive portion. This can be found at the last part of the decision which usually states "WHEREFORE ... "
3. Identify the issue first. So that while reading the whole text, you will know which facts are important.
4. Read the entire case at your normal speed.
5. Pick up only the ultimate facts which are relevant to the issue. Ignore those which do not have something to do with how the issue came about. This includes unnecessary dates. This is the reason why you need to know the issue first.
6. Identify how the Supreme Court ourt settled the issue. If you are using the SCRA, check the syllabi of the case. Quote the exact phrase/s or paragraph/s.

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