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Self Paced Lesson - Case Law - Subject Guide: 2: Structure of a Case

 

NOTICE: This guide is currently under review, with a new guide to be launched before Semester 1, 2025. In the meantime, please direct any queries or feedback about this guide to the Library's Digital Experience via our Enquiry and Feedback form.

At this stage of your research it is time to look at a case.
You need to become familiar with the structure of cases to help you read and analyse the case.
Reading the case is an essential skill which is covered in your tutorials.
As a prelude to reading a case you need to understand the structure of a case in a report series.

There are essentially two main parts to a case:

  • the decision (the judge's words)
  • and everything else

While the decision is the same in all formats, reported and unreported, the supporting information and analysis is much more substantial in a reported series.

In particular, the headnotes of the Commonwealth Law Reports (CLR) contain a summary of the arguments used by both sides.
This is the only series that includes this information.

Headnotes

Headnotes to a report sit above the decision.

They are added by editors and should not be quoted as they do not form part of the decision.

Headnotes usually contain:

  • Catchwords
    • Key legal concepts and subject terms from the case. Catchwords are usually in italics or bold at the beginning of a case.
      There may be several sequences of catchwords.
      Most cases are about resolving several issues not just one.
  • A summary of the facts and issues in the case.
  • Other information editors may choose to add to the headnotes can include:
    • parties' names in full
    • judges' names
    • relevant dates
    • summaries of the arguments presented by opposing counsel (in the CLR)
    • cases cited within the decision
    • litigation history of the case
    • names of the barristers and solicitors involved in arguing the case
    • the date the argument began.
  • The end of the headnotes are indicated by various means including:
    • a space
    • the words Cur.adv.vult
      • Curia advisari vult is a Latin legal term meaning "the court wishes to consider the matter" and the decision follows
    • the judges' names in CAPITALS 

You should also notice a change in the writing style from the summary/point form in the headnotes to a more discursive argument.

When possible make sure you are looking at the case in a reported series and not in its unreported or medium neutral format.

Dates of hearing

What is the first date the Court started hearing the arguments concerning a case?

There may be a sequence of dates given.

The first is the starting date, and the last is the date the decision was handed down.
Other dates indicate other days the Court heard the argument.

The decision / the judges' words

In some series the judges' words follow the phrase Cur. adv. vult. (Curia advisari vult: the court will consider).
This means the judgment of the court will follow this phrase.

Sometimes there are a few blank lines following the end of the headnotes, and the name of the judge(s) is printed in bold at the beginning of the judgment(s).

Recent decisions have the number 1 next to the first paragraph of the judge's decision.
This is required for compliance with medium neutral citation rules - see the Legal Citation Lesson for details.

The medium neutral format requires each paragraph of the decision be numbered in square brackets [1], [2], etc. (in decisions made since 2000)

Further explanation of the structure of a case is given in  Laying Down the Law,  Chapter 7 Case Law and Precedent, in particular 7.6 on Reading and analysing a case.

How to Read a Case

When reading a case you should be noting various pieces of information, in particular:

  • the case name
  • the citation
  • the court deciding the case
  • what was the issue in the case
  • what decision did the court reach in the case
  • how did the court arrive at its decision

Case Elements

The following diagram shows how to find the elements of a case.
Compare the details found in the different versions of the case. For example, the CaseBase entry, PDF, or print copy of this case.

The date the judgment was delivered is usually the date just above the list of judges, and is the latest date.

How to Read a Judgment

When reading a case you should be noting various pieces of information, in particular:

  • the case name
  • the citation
  • the court deciding the case
  • what was the issue in the case
  • what decision did the court reach in the case
  • how did the court arrive at its decision

Five tips for reading a judgment effectively

  1. Focus on the decision, but don’t ignore the discussion of the facts
  2. Look for an overview of the decision
  3. Be eagle-eyed for evidence of the decision from the judges’ tone and use of language
  4. If time is of the essence, ensure you read the conclusions of the judges at the end of their decision
  5. Read the dissenting opinions as these often provide another insight into the legal issue in dispute

When you are reading a case you should now know its two elements:

  • the judge's words
  • everything else

Familiarise yourself with reading cases and see how the headnotes vary for the same case in different case reports.
If a case is reported in more than one case series, the headnotes will vary, but the judge's words will always stay the same.

Activity indicatorParallel citations for Bradley v Commonwealth are:

a. Bradley v Commonwealth (1973) 128 CLR 557
b. Bradley v Commonwealth (1973) 128 CLR 557; (1973) 1 ALR 241; (1973) 47 ALJR 504
c. Bradley v Commonwealth (1973) CLR 557; (1973) 1 ALR 241; (1973) 47 ALJR 504; BC7300025
d. Bradley v Commonwealth [1973] 128 CLR 557, [1973] ALJR 504, [1973] ALR 241

Response:

Activity indicatorWho were the judges in this case?

This case was heard on appeal before the Full Bench of the High Court. Who was the Chief Judge/Justice on this bench?
Select your answer in the box below (answers do not include judicial abbreviation(s) i.e. C.J.(Chief Justice), JJ (Judges) or J (Judge)).

a. McTiernan
b. Gibbs
c. Barwick
d. Menzies
e. Stephen

Response:

Activity indicatorWhen did the argument begin?

Look at one of the reported decisions of the 1973 High Court case Bradley v Commonwealth, either online or in print. (Make sure you are looking at the case in a reported series not in its unreported or media neutral format.)
What is the first date the Court started hearing the arguments concerning this case?

a. 05/04/1973
b. 07/02/1973
c. 04/05/1973
d. 07/05/1973

Response:

Activity indicatorWhat was the delivery, or judgment, date for this decision?

a. 07/05/1973
b. 10/09/1973
c. 01/10/1973

Response:

When you are reading a case you should now know its two elements: the judge's words and everything else.

Familiarise yourself with reading cases and see how the headnotes vary for the same case in different case reports. If a case is reported in more than one case series, the headnotes will vary, but the judge's words will always stay the same.

Subjects: Law, Research