how to write a legal case study essay

How to write a case brief for law school: Excerpt reproduced from Introduction to the Study of Law: Cases and Materials,

Third Edition (LexisNexis 2009) by Michael Makdisi & John Makdisi

C. HOW TO BRIEF

The previous section described the parts of a case in order to make it easier to read and identify the pertinent information that you will use to create your briefs. This section will describe the parts of a brief in order to give you an idea about what a brief is, what is helpful to include in a brief, and what purpose it serves. Case briefs are a necessary study aid in law school that helps to encapsulate and analyze the mountainous mass of material that law students must digest. The case brief represents a final product after reading a case, rereading it, taking it apart, and putting it back together again. In addition to its function as a tool for self-instruction and referencing, the case brief also provides a valuable “cheat sheet” for class participation.

Who will read your brief? Most professors will espouse the value of briefing but will never ask to see that you have, in fact, briefed. As a practicing lawyer, your client doesn’t care if you brief, so long as you win the case. The judges certainly don’t care if you brief, so long as you competently practice the law. You are the person that the brief will serve! Keep this in mind when deciding what elements to include as part of your brief and when deciding what information to include under those elements.

What are the elements of a brief? Different people will tell you to include different things in your brief. Most likely, upon entering law school, this will happen with one or more of your instructors. While opinions may vary, four elements that are essential to any useful brief are the following:

(a) Facts (name of the case and its parties, what happened factually and procedurally, and the judgment)

(b) Issues (what is in dispute)

(c) Holding (the applied rule of law)

(d) Rationale (reasons for the holding)

If you include nothing but these four elements, you should have everything you need in order to recall effectively the information from the case during class or several months later when studying for exams.

Because briefs are made for yourself, you may want to include other elements that expand the four elements listed above. Depending on the case, the inclusion of additional elements may be useful. For example, a case that has a long and important section expounding dicta might call for a separate section in your brief labeled: Dicta. Whatever elements you decide to include, however, remember that the brief is a tool intended for personal use. To the extent that more elements will help with organization and use of the brief, include them. On the other hand, if you find that having more elements makes your brief cumbersome and hard to use, cut back on the number of elements. At a minimum, however, make sure you include the four elements listed above.

Elements that you may want to consider including in addition to the four basic elements are:

(e) Dicta (commentary about the decision that was not the basis for the decision)

(f) Dissent (if a valuable dissenting opinion exits, the dissent’s opinion)

(g) Party’s Arguments (each party’s opposing argument concerning the ultimate issue)

(h) Comments (personal commentary)

Personal comments can be useful if you have a thought that does not fit elsewhere. In the personal experience of one of the authors, this element was used to label cases as specific kinds (e.g., as a case of vicarious liability) or make mental notes about what he found peculiar or puzzling about cases. This element allowed him to release his thoughts (without losing them) so that he could move on to other cases.

In addition to these elements, it may help you to organize your thoughts, as some people do, by dividing Facts into separate elements:

(1) Facts of the case (what actually happened, the controversy)

(2) Procedural History (what events within the court system led to the present case)

(3) Judgment (what the court actually decided)

Procedural History is usually minimal and most of the time irrelevant to the ultimate importance of a case; however, this is not always true. One subject in which Procedure History is virtually always relevant is Civil Procedure.

When describing the Judgment of the case, distinguish it from the Holding. The Judgment is the factual determination by the court, in favor of one party, such as “affirmed,” “reversed,” or “remanded.” In contrast, the Holding is the applied rule of law that serves as the basis for the ultimate judgment.

Remember that the purpose of a brief is to remind you of the important details that make the case significant in terms of the law. It will be a reference tool when you are drilled by a professor and will be a study aid when you prepare for exams. A brief is also like a puzzle piece.

The elements of the brief create the unique shape and colors of the piece, and, when combined with other pieces, the picture of the common law takes form. A well-constructed brief will save you lots of time by removing the need to return to the case to remember the important details and also by making it easier to put together the pieces of the common law puzzle.

D. EXTRACTING THE RELEVANT INFORMATION: ANNOTATING AND HIGHLIGHTING

So now that you know the basic elements of a brief, what information is important to include under each element? The simple answer is: whatever is relevant. But what parts of a case are relevant? When you read your first few cases, you may think that everything that the judge said was relevant to his ultimate conclusion. Even if this were true, what is relevant for the judge to make his decision is not always relevant for you to include in your brief. Remember, the reason to make a brief is not to persuade the world that the ultimate decision in the case is a sound one, but rather to aid in refreshing your memory concerning the most important parts of the case.

What facts are relevant to include in a brief? You should include the facts that are necessary to remind you of the story. If you forget the story, you will not remember how the law in the case was applied. You should also include the facts that are dispositive to the decision in the case. For instance, if the fact that a car is white is a determining factor in the case, the brief should note that the case involves a white car and not simply a car. To the extent that the procedural history either helps you to remember the case or plays an important role in the ultimate outcome, you should include these facts as well.

What issues and conclusions are relevant to include in a brief? There is usually one main issue on which the court rests its decision. This may seem simple, but the court may talk about multiple issues, and may discuss multiple arguments from both sides of the case. Be sure to distinguish the issues from the arguments made by the parties. The relevant issue or issues, and corresponding conclusions, are the ones for which the court made a final decision and which are binding. The court may discuss intermediate conclusions or issues, but stay focused on the main issue and conclusion which binds future courts.

What rationale is important to include in a brief? This is probably the most difficult aspect of the case to determine. Remember that everything that is discussed may have been relevant to the judge, but it is not necessarily relevant to the rationale of the decision. The goal is to remind yourself of the basic reasoning that the court used to come to its decision and the key factors that made the decision favor one side or the other.

A brief should be brief! Overly long or cumbersome briefs are not very helpful because you will not be able to skim them easily when you review your notes or when the professor drills you. On the other hand, a brief that is too short will be equally unhelpful because it lacks sufficient information to refresh your memory. Try to keep your briefs to one page in length. This will make it easy for you to organize and reference them.

Do not get discouraged. Learning to brief and figuring out exactly what to include will take time and practice. The more you brief, the easier it will become to extract the relevant information.

While a brief is an extremely helpful and important study aid, annotating and highlighting are other tools for breaking down the mass of material in your casebook. The remainder of this section will discuss these different techniques and show how they complement and enhance the briefing process.

Annotating Cases

Many of you probably already read with a pencil or pen, but if you do not, now is the time to get in the habit. Cases are so dense and full of information that you will find yourself spending considerable amounts of time rereading cases to find what you need. An effective way to reduce this time is to annotate the margins of the casebook. Your pencil (or pen) will be one of your best friends while reading a case. It will allow you to mark off the different sections (such as facts, procedural history, or conclusions), thus allowing you to clear your mind of thoughts and providing an invaluable resource when briefing and reviewing.

You might be wondering why annotating is important if you make an adequate, well-constructed brief. By their very nature briefs cannot cover everything in a case. Even with a thorough, well-constructed brief you may want to reference the original case in order to reread dicta that might not have seemed important at the time, to review the complete procedural history or set of facts, or to scour the rationale for a better understanding of the case; annotating makes these tasks easier. Whether you return to a case after a few hours or a few months, annotations will swiftly guide you to the pertinent parts of the case by providing a roadmap of the important sections. Your textual markings and margin notes will refresh your memory and restore specific thoughts you might have had about either the case in general or an individual passage.

Annotations will also remind you of forgotten thoughts and random ideas by providing a medium for personal comments.

In addition to making it easier to review an original case, annotating cases during the first review of a case makes the briefing process easier. With adequate annotations, the important details needed for your brief will be much easier to retrieve. Without annotations, you will likely have difficulty locating the information you seek even in the short cases. It might seem strange that it would be hard to reference a short case, but even a short case will likely take you at least fifteen to twenty-five minutes to read, while longer cases may take as much as thirty minutes to an hour to complete. No matter how long it takes, the dense material of all cases makes it difficult to remember all your thoughts, and trying to locate specific sections of the analysis may feel like you are trying to locate a needle in a haystack. An annotation in the margin, however, will not only swiftly guide you to a pertinent section, but will also refresh the thoughts that you had while reading that section.

When you read a case for the first time, read for the story and for a basic understanding of the dispute, the issues, the rationale, and the decision. As you hit these elements (or what you think are these elements) make a mark in the margins. Your markings can be as simple as “facts” (with a bracket that indicates the relevant part of the paragraph). When you spot an issue, you may simply mark “issue” or instead provide a synopsis in your own words. When a case sparks an idea — write that idea in the margin as well — you never know when a seemingly irrelevant idea might turn into something more.

Finally, when you spot a particularly important part of the text, underline it (or highlight it as described below).

With a basic understanding of the case, and with annotations in the margin, the second read-through of the case should be much easier. You can direct your reading to the most important sections and will have an easier time identifying what is and is not important. Continue rereading the case until you have identified all the relevant information that you need to make your brief, including the issue(s), the facts, the holding, and the relevant parts of the analysis.

Pencil or pen — which is better to use when annotating? Our recommendation is a mechanical pencil. Mechanical pencils make finer markings than regular pencils, and also than ballpoint pens. Although you might think a pencil might smear more than a pen, with its sharp point a mechanical pencil uses very little excess lead and will not smear as much as you might imagine. A mechanical pencil will also give you the freedom to make mistakes without consequences. When you first start annotating, you may think that some passages are more important than they really are, and therefore you may resist the urge to make a mark in order to preserve your book and prevent false guideposts. With a pencil, however, the ability to erase and rewrite removes this problem.

Highlighting

Why highlight? Like annotating, highlighting may seem unimportant if you create thorough, well-constructed briefs, but highlighting directly helps you to brief. It makes cases, especially the more complicated ones, easy to digest, review and use to extract information.

Highlighting takes advantage of colors to provide a uniquely effective method for reviewing and referencing a case. If you prefer a visual approach to learning, you may find highlighting to be a very effective tool.

If annotating and highlighting are so effective, why brief? Because the process of summarizing a case and putting it into your own words within a brief provides an understanding of the law and of the case that you cannot gain through the process of highlighting or annotating.

The process of putting the case into your own words forces you to digest the material, while annotating and highlighting can be accomplished in a much more passive manner.

What should you highlight? Similar to annotating, the best parts of the case to highlight are those that represent the needed information for your brief such as the facts, the issue, the holding and the rationale.

Unlike annotating, highlighting provides an effective way to color code, which makes referring to the case even easier. In addition, Highlighters are particularly useful in marking off entire sections by using brackets. These brackets will allow you to color-code the case without highlighting all the text, leaving the most important phrases untouched for a more detailed highlight marking or underlining.

Highlighting is a personal tool, and therefore should be used to the extent that highlighting helps, but should be modified in a way that makes it personally time efficient and beneficial. For instance, you might combine the use of annotations in the margins with the visual benefit of highlighting the relevant text. You may prefer to underline the relevant text with a pencil, but to use a highlighter to bracket off the different sections of a case. Whatever you choose to do, make sure that it works for you, regardless of what others recommend. The techniques in the remainder of this section will describe ways to make full use of your highlighters.

First, buy yourself a set of multi-colored highlighters, with at least four, or perhaps five or six different colors. Yellow, pink, and orange are usually the brightest. Depending on the brand, purple and green can be dark, but still work well. Although blue is a beautiful color, it tends to darken and hide the text.

Therefore we recommend that you save blue for the elements that you rarely highlight.

For each different section of the case, choose a color, and use that color only when highlighting the section of the case designated for that color. Consider using yellow for the text that you tend to highlight most frequently. Because yellow is the brightest, you may be inclined to use yellow for the Conclusions in order to make them stand out the most. If you do this, however, you will exhaust your other colors much faster than yellow and this will require that you purchase an entire set of new highlighters when a single color runs out because colors such as green are not sold separately. If instead you choose to use yellow on a more frequently highlighted section such as the Analysis, when it comes time to replace your yellow marker, you will need only to replace your yellow highlighter individually. In the personal experience on one of the authors, the sections of cases that seemed to demand the most highlighter attention were the

Facts and the Analysis, while the Issues and Holdings demanded the least. Other Considerations and

Procedural History required lots of highlighting in particular cases although not in every case.

Experiment if you must, but try to choose a color scheme early on in the semester and stick with it. That way, when you come back to the first cases of the semester, you will not be confused with multiple color schemes. The basic sections of a case for which you should consider giving a different color are:

(b) Procedural History

(c) Issue (and questions presented)

(d) Holding (and conclusions)

(e) Analysis (rationale)

(f) Other Considerations (such as dicta)

Not all of these sections demand a separate color. You may find that combining Facts and Procedural History or Issues and Holdings works best. Furthermore, as mentioned above, some sections may not warrant highlighting in every case (e.g., dicta probably do not need to be highlighted unless they are particularly important). If you decide that a single color is all that you need, then stick to one, but if you find yourself highlighting lots of text from many different sections, reconsider the use of at least a few different colors. Highlighters make text stand out, but only when used appropriately. The use of many colors enables you to highlight more text without reducing the highlighter’s effectiveness. Three to four colors provides decent color variation without the cumbersomeness of handling too many markers.

Once you are comfortable with your color scheme, determining exactly what to highlight still may be difficult. Similar to knowing what to annotate, experience will perfect your highlighting skills. Be careful not to highlight everything, thus ruining your highlighters’ effectiveness; at the same time, do not be afraid to make mistakes.

Now that we have covered the basics of reading, annotating, highlighting, and briefing a case, you are ready to start practicing. Keep the tips and techniques mentioned in this chapter in mind when you tackle the four topics in the remainder of this book. If you have difficultly, refer back to this chapter to help guide you as you master the case method of study and the art of using the common law.

More Helpful Links

The american legal system, how to brief a case, how to read a casebook 101, top 20 things you need to know about law school, learn to spot issues like a lawyer, why an internet search is not legal research, why go to law school, what’s the most challenging part of law school, what advice would you give yourself about law school.

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Writing a Case Note: The Ultimate Guide

How to Write a First-Class Case Note

Being able to write case-notes is crucial to your success studying law. As well as being a common form of assignment, they make very handy revision aids. Common law cases are often long-winded and dense, and sometimes it can be difficult to see the wood for the trees – let along remember the key parts! This post will provide you the ultimate guide to writing first-class case summaries using the FIRODA Case-Note Method.

The FIRODA Method

The FIRODA Method is an excellent way of structuring your case notes so that you summarise and remember all the key elements. Start by noting down the name of the case and the court which decided it. We’ll use Fagan v Metropolitan Police Commissioner as an example.

Give a brief overview of the key facts of the case. The key facts are those which are relevant to the outcome of the case – the facts which the judge actually took into account when reaching their legal conclusions. If a fact is not relevant to the outcome, you probably do not need to include it. In some cases there might be a relevant dispute over what the facts were: note this down too.

Any given case will involve deciding one or more points of law, or applying one or more legal principles to a particular set of facts. Work out what the court was actually being asked to do in the case, and summarise it.

For each issue you have identified, read the majority judgments of the court to determine the ratio decidendi . The ratio decidendi is the application of the legal rule which leads the court to reach the case’s outcome. It is distinguished from obiter dicta , which is everything else in the judgment.

Not sure whether a statement is the ratio decidendi or obiter dicta ? There is no clear cut method for deciding, unfortunately, but here is a useful guide. Ask yourself: if the judge had not made this finding of fact, or used this particular legal principle, would they have reached the particular conclusion they did? If it would make no difference to the outcome, then you are probably looking at obiter dicta. Otherwise, it is probably ratio decidendi .

For example, it is common for judges to decide a case based on a particular legal principle or finding of fact, but then say ‘if I am wrong’ or ‘I would reach the same conclusion if…’ and then consider how the case would be decided if the facts or legal principles were different. The first part of such a judgment is usually the ratio decidendi , and everything afterwards is usually obiter .

In some cases, there may not be a unified ratio decidendi . For example, in Re Baden (No 2) [1972] EWCA Civ 10, the three judges all agreed on what the outcome of the case should be. However, they all reached their conclusions using completely different reasoning. If you are writing a note on a case where the majority judges disagree, explain the ratio decidendi of each judge’s decision. Compare and contrast them.

O: Obiter Dicta

While most of the obiter dicta in a case can safely be forgotten by the average law student, sometimes judges say interesting things obiter that can influence how future cases are decided. For example, the judge might:

• Speculate on how the law might apply to a novel set of facts;
• Discuss how future courts ought to decide related areas of law;
• Disapprove of a past case, but not overrule it;
• Approve of a past case.

If you think the judge has said anything in the obiter dicta which gives you insight into the law beyond the case, note it down in this section.

In some cases, a judge dissents from the majority of the court and disagrees with the outcome. Often these dissents are ignored by the legal community, but sometimes they become a powerful argument that the case was wrongly decided. If you are reading a case with a dissenting judge, note down the points on which they disagree with the majority, and why. Consider whose argument you think is stronger.

A: Assessment

Finally, assess and evaluate the decision. It may help you to read academic commentary on the case in law journals or case-books. You should be looking to answer questions such as:

• How does it fit with previous and subsequently decided cases in the same area?
• What policy, principle and social factors might have influenced how the judges decided the case?
• Do you agree with how the law was decided and applied to the facts? If not, how would you have decided this case?

With that, you will have a solid case-note. This will not only help you get top marks in your assignments, but will also make it much easier to remember principles of law for your exams. Got any personal tips for writing case notes? Leave us a message in the comments!

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First Year Tip Series: Introduction to Case Notes

Ben conlon, senior editorial board (online editor).

A case note is something that every law student is asked to write at some point in their studies and, without some direction, can be a daunting task. This article aims to briefly explain what a case note is, what the benefits of writing a case note are, and how to actually write a case note. Further information is also included at the end of the piece about the Gernot Biehler Case Note competition.

What is a Case Note?

A case note is a summary and analysis of a single case, as opposed to an article, which examines an area of law. A case note should outline the facts of the case, as well as its ratio decedendi , and also provide a critical analysis of the decision. The analysis should concern the correctness of the decision, with reference to case law, accepted logic and academic opinion. A good case note usually contains analysis of the effect that the decision may have on future cases, especially if the decision is a departure from a previously settled point of law.

What to Keep in Mind when Selecting a Case

If you have the option of selecting the case you would like to write on, below are some factors you should keep in mind:

• Try to pick an area of significant concern or a topical issue
• Does the case seem to ignore reason/common sense?
• Is there a recent case where the court departs from precedent or a position accepted in other jurisdictions?
• Does the decision which may have significant extra-legal repercussions.
• Will this decision prompt interesting results in future cases?
• Was this the first case in a newly-legislated area?
• Has there already been substantial academic commentary written on this case? Often it may be better, for originality’s sake to write on a new case, or one that has not been subject to as much discussion.

How to Write a Case Note

(A) Research

As with any piece of legal writing, the first step in writing a case note is conducting the necessary research. Read the case multiple times and note down the facts and the ratio decedendi . The case should be read in the context of the area of law as a whole; understanding how the case relates to existing principles and case law is key in forming a critique and analysis. Further consideration should be given to whether the law is still relevant, and whether it is still considered to be a strong precedent. While a case note tends not to rely on academic sources as much as a legal essay, it is still worth exploring academic commentary around the case, from which a greater perspective can be gleaned.

(B) Writing

There is no rigid structure for how a case note should be written, but this article will attempt to lay out a basic structure and guide for writing the case note itself. It is worth noting that many brilliant case notes do not follow this structure, and can often depart from it dramatically, so there is no pressure to follow this structure.

As is the case in most legal writing, it is generally recommended that the piece is broken down into separate headings. This can make the case note easier to follow, and direct the reader to the important elements of the piece. When writing a case note for a legal journal or a university assignment, regard should be had for the word-count when deciding on how specific the headings are; if there is a lower word-count, it might make sense to merge some of the headings together.

(i) The Introduction

The introduction of a case note should introduce the case and indicate the court in which it was decided. It should lay out the structure of the case note, explain the significance of the case (i.e. the change in the law brought about by the case), and briefly outline your opinion of the case.

(ii) The Facts of the Case

The second section of the case note should briefly outline the facts of the case. It is important to keep in mind that a case note is not simply a summary of a case; the facts simply set out the background for your analysis. Due to this, this section of the case note should not be too long, and the aim should be to illustrate the facts that were relevant in the court’s reasoning, rather than the entirety of the factual circumstances. This is generally a good place to mention the decisions of the lower courts in relation to the case at hand.

(iii) The Decision and the Ratio Decidendi

This section of the case note should deal with the reasoning that lead to the court’s decision, and specific emphasis should be placed on the key decisions and the ratio decedendi . Here, detail should be provided on the case law that the court either relied on or moved away from, and a short explanation of the reasoning behind such moves should be given. The way that the decision was handled should also be mentioned (e.g. was the judgment suspended to allow the government to amend the issue?), as this is often indicative of the attitude of the courts in relation to the issue at hand.

(iv) Critical Analysis/Further Discussion

The primary aim of a case note is to critically analyse a particular decision and the effect it has on the law. “Critically analyse” can be a confusing phrase, so considering some of the following questions may be a useful starting point:

• Is the logic of the judgment sound? Do you agree with it? Why or why not?
• Does the judgment differ or depart from previous decisions? Does it follow some aspects but not others?
• How does the judgment compare with international precedent?
• Does the judgment reflect political/economic/cultural tensions?
• Does the judgment fail to acknowledge any legal or extralegal repercussions it may have?
• Has the judgment failed to address any important questions?
• Do you agree with the decision? Why?

It is worth noting that “critically analyse” does not mean you have to disagree with a judgment; the best critical analysis praises some aspects of a judgment, and attacks others. Commentary on previous related decisions may help to inform your opinion on a case, and help with the critical analysis. It is recommended that some thought is given to how the case may have a lasting impact, and it should be acknowledged whether or not the case might be open to appeal. However, as in any legal piece, it is advisable that a certain degree of critical analysis is woven throughout the piece, rather than isolated to one section.

(v) Conclusion

The conclusion should very briefly summarise the decision, the flaws and achievements that have been discussed throughout the case note, and your overall opinion. A general rule for any piece of writing is that new substantive arguments that have not been discussed in the body of the piece should not be introduced in the conclusion. Finally, some concluding remarks could be offered about the effect of the case on that area of law, and how future cases may be influenced by it.

Some Final Tips

As is the case with any piece of legal writing, there should be a cohesive thread of argument that runs through the case note, but this may be difficult to  pick up on  after several hours of writing by yourself.  As a result, the argument you have crafted might make sense to you, but not to a new reader. One of the best ways to deal with this is to ask someone else to read over the piece and offer some of their own comments.

While it is always advised to read through previous academic pieces written on your chosen area, make sure when citing academics that you are also evaluating their arguments to the reader. Do you agree with what the academic has said? How does their argument bolster yours? Or, how would you refute what the academic has argued? Analysing the academic commentary you have utilised is key to presenting critical analysis in your piece.

In the same vein, when presenting your arguments, it is recommended that you recognise ‘the other side.’ This is particularly important in controversial areas of law, like socio-economic rights, where presenting a one-sided argument will reflect poorly on the author’s critical analysis.

As a final note, the TCLR Online has published many case notes, and reading over these can help you to form a picture of what a case note looks like, and what a case note should contain. Many longer case notes have also been published in the print version of the TCLR, which can be found on the legal article database Heinonline.

The Gernot Biehler Case Note Competition

The Trinity College Law Review runs an annual case note competition in honour of Dr. Gernot Biehler. Dr. Biehler was a distinguished fellow of Trinity College and a lecturer in international law and conflicts of law, who died aged 48. Dr. Biehler was a keen supporter of the work of the Law Review.

The competition is open to first and second year undergraduate students from all universities. Case notes are subject to a word limit of 3,000 words excluding footnotes, and the deadline for submitting your entry is the 17th January 2020. The winning entry is published in the print journal of the Trinity College Law Review, and the winner receives a cash prize of €250. More information on the competition can be found at www.trinitycollegelawreview.org/submissions/ .

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Academic Writing and Research in Law

• UTS Guide to Writing in Law A highly recommended helpful and comprehensive guide to writing law papers.
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Basic Rules

Academic and professional legal writing requires you to develop an argument and demonstrate relationships between the ideas you are expressing. 

Therefore, the ability to express yourself clearly and accurately is important.  Here you will find information to help you improve your writing for any purpose in your law degree.

Academic writing in law is:

Academic writing in law does not:   

Steps to Writing a Law Essay

Throughout your law degree, you will be expected to write a range of different texts, including research essays, responses to problem questions, and case notes.

Not matter the type of text you are asked to produce for an assignment, make sure you follow these steps:

• Plan :  read the questions carefully and think about how you will answer it
• Research :  read, read and read! Make use of everything available to you - don't forget the library!
• Make thorough notes : include all important (and relevant) details and quotes and take note of the source. Make sure you organise your notes so as to make the writing task easier
• Write the first draft :  before you start writing your first draft, refer back to your initial plan and make any necessary changes now you have done your research and gathered your notes. 
• Review and edit :  remember to proofread your work!

The IRAC Method

IRAC is an acronym that stands for: Issue, Rule, Application, and Conclusion. It functions as a methodology for legal analysis and is used as a framework for organising your answer to an essay question in law school.

[ Open All | Close All ]

In legal writing, issues are the core of the essay.

This part of the essay should:

• Identify and state the issue
• Name those involved (plaintiff and defendant) and briefly describe their individual issues
• Work out what body of law may govern the resolution of the issue (e.g. Contract Law)

The rule describes which law applies to the issue. The rule should be stated as a general principle, and not a conclusion to the particular case being briefed.

• Outline the legal principles that will be used to address to the issue
• Source legal principles from cases and legislation

The application is the most important and longest part of your answer. It involves applying the Rule to the facts of the issue and demonstrating how those facts do or do not meet the requirements laid down by the rules. Discuss both sides of the case when possible.

• Explain why the plaintiff's claims are or are not justified
• Identify how the law will be used by the plaintiff and defendant to argue their case
• Use relevant cases and legal principles to support your writing
• Do not try to strengthen your argument by leaving out elements or facts that will hurt it

As with all essays, the conclusion is a statement that identifies your answer to the issue.

• Identify what the result of your argument ir, or what it should be
• State who is liable for what and to what extent
• Consider how the plaintiff and defendant could have acted to avoid this legal issue

Useful Links:

• UWA IRAC Guide This guide from the University of Western Australia offers examples of how the IRAC method can be applied to different cases.
• Law School Survival: The IRAC Method A useful site that presents a detailed outline of the IRAC method as well as skeleton outlines.

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• Educators' guide
• Writing a legal argument

The example paragraphs below demonstrate the things you need to include to write a successful legal argument.

Use the menu on the right hand side to navigate through the resources in this tutorial and how to write a legal argument.

To successfully write a legal case study

You need to:

• identify relevant legal issues
• apply the law to the facts
• structure your answer clearly and logically (use the model plan)
• use appropriate language for a legal argument.

Identify relevant legal issues and apply the law to the facts

These model paragraphs show how a student has successfully identified the legal issues and applied those issues to the facts of the law.

In this model, the first sentence identifies the relevant legal argument while the second applies the law to the facts of the case.

Lord Atkin's neighbour test suggested that person A owes a duty of care if B is sufficiently proximate to A. In other words, the test will hold if A's actions or omissions may affect B in a reasonably foreseeable manner and consequently cause damage or suffering or damage to B. In this case, Groovy Clothing Store owes Bert a duty of care because Bert was in their premises and such duty of care is non-delegable (and hence could not be discharged) to Groovy Clothing Store's contractor who was hired to renovate the premises. According to the 'neighbour' test, occupiers of land owe a duty of care to their entrants (neighbours) in respect of premises because of their control over the premise. Australian Safeway Stores v Zaluzna. Since Bert's presence in the store was organised and controlled by the store, and it is reasonably foreseeable that Groovy Clothing Store's actions and omissions could cause damage to Bert and other shoppers, it is hence sufficient for Groovy Clothing Store to owe Betts duty of care. Applying the law to the facts -->

Here the application of the law to the facts and the identification of legal issues have been interwoven together in one sentence.

Although a shopper entering a shop like Groovy Clothing Store would not assume voluntarily (volenti non fit injuria) the risk of falling down a collapsed staircase, in defence a its breaching duty of care, Groovy Clothing Store could probably claim that Bert was partly liable for his injury due to his failure to take reasonable care of himself (contributory negligence) on the grounds that an ordinary, reasonable and prudent person would not force him or herself up the stairs at the same time with so many people because of the foreseeability of an accident   Wyong Shire Council v Shirt [1980] HCA 12 . If this is the case, then not all the losses and damages Bert suffered would be recoverable.

[Identifying and defining the legal issues] Lord Atkin's neighbour test suggested that person A owes a duty of care if B is sufficiently proximate to A. In other words, the test will hold if A's actions or omissions may affect B in a reasonably foreseeable manner and consequently cause damage or suffering or damage to B. [Applying the law to the facts] In this case, Groovy Clothing Store owes Bert a duty of care because Bert was in their premises and such duty of care is non-delegable (and hence could not be discharged) to Groovy Clothing Store's contractor who was hired to renovate the premises. [Identifying and defining the legal issues] According to the 'neighbour' test, occupiers of land owe a duty of care to their entrants (neighbours) in respect of premises because of their control over the premise. Australian Safeway Stores v Zaluzna . [Concluding the issue] Since Bert's presence in the store was organised and controlled by the store, and it is reasonably foreseeable that Groovy Clothing Store's actions and omissions could cause damage to Bert and other shoppers, it is hence sufficient for Groovy Clothing Store to owe Bert duty of care.

[Applying the law to the facts] Although a shopper entering a shop like Groovy Clothing Store would not assume voluntarily[Identifying and defining the legal issues] (volenti non fit injuria) [Applying the law to the facts] the risk of falling down a collapsed staircase, [Identifying and defining the legal issues] in defence a its breaching duty of care, [Applying the law to the facts] Gropovy Clothing Store could probably claim that Bert was partly liable for his injury due to his failure to take reasonable care of himself [Identifying and defining the legal issues] (contributory negligence) on the grounds that an ordinary, reasonable and prudent person [Applying the law to the facts] would not force him or herself up the stairs at the same time with so many people because of the foreseeability of an accident Wyong Shire Council v Shirt [1980] HCA 12. [Concluding the issue] If this is the case, then not all the losses and damages Bert suffered would be recoverable.

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Organizing Your Social Sciences Research Assignments

• Annotated Bibliography
• Analyzing a Scholarly Journal Article
• Group Presentations
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• Types of Structured Group Activities
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• Multiple Book Review Essay
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• Writing a Case Analysis Paper
• Writing a Case Study
• About Informed Consent
• Writing Field Notes
• Writing a Policy Memo
• Writing a Reflective Paper
• Writing a Research Proposal
• Generative AI and Writing
• Acknowledgments

A case study research paper examines a person, place, event, condition, phenomenon, or other type of subject of analysis in order to extrapolate  key themes and results that help predict future trends, illuminate previously hidden issues that can be applied to practice, and/or provide a means for understanding an important research problem with greater clarity. A case study research paper usually examines a single subject of analysis, but case study papers can also be designed as a comparative investigation that shows relationships between two or more subjects. The methods used to study a case can rest within a quantitative, qualitative, or mixed-method investigative paradigm.

Case Studies. Writing@CSU. Colorado State University; Mills, Albert J. , Gabrielle Durepos, and Eiden Wiebe, editors. Encyclopedia of Case Study Research . Thousand Oaks, CA: SAGE Publications, 2010 ; “What is a Case Study?” In Swanborn, Peter G. Case Study Research: What, Why and How? London: SAGE, 2010.

How to Approach Writing a Case Study Research Paper

General information about how to choose a topic to investigate can be found under the " Choosing a Research Problem " tab in the Organizing Your Social Sciences Research Paper writing guide. Review this page because it may help you identify a subject of analysis that can be investigated using a case study design.

However, identifying a case to investigate involves more than choosing the research problem . A case study encompasses a problem contextualized around the application of in-depth analysis, interpretation, and discussion, often resulting in specific recommendations for action or for improving existing conditions. As Seawright and Gerring note, practical considerations such as time and access to information can influence case selection, but these issues should not be the sole factors used in describing the methodological justification for identifying a particular case to study. Given this, selecting a case includes considering the following:

• The case represents an unusual or atypical example of a research problem that requires more in-depth analysis? Cases often represent a topic that rests on the fringes of prior investigations because the case may provide new ways of understanding the research problem. For example, if the research problem is to identify strategies to improve policies that support girl's access to secondary education in predominantly Muslim nations, you could consider using Azerbaijan as a case study rather than selecting a more obvious nation in the Middle East. Doing so may reveal important new insights into recommending how governments in other predominantly Muslim nations can formulate policies that support improved access to education for girls.
• The case provides important insight or illuminate a previously hidden problem? In-depth analysis of a case can be based on the hypothesis that the case study will reveal trends or issues that have not been exposed in prior research or will reveal new and important implications for practice. For example, anecdotal evidence may suggest drug use among homeless veterans is related to their patterns of travel throughout the day. Assuming prior studies have not looked at individual travel choices as a way to study access to illicit drug use, a case study that observes a homeless veteran could reveal how issues of personal mobility choices facilitate regular access to illicit drugs. Note that it is important to conduct a thorough literature review to ensure that your assumption about the need to reveal new insights or previously hidden problems is valid and evidence-based.
• The case challenges and offers a counter-point to prevailing assumptions? Over time, research on any given topic can fall into a trap of developing assumptions based on outdated studies that are still applied to new or changing conditions or the idea that something should simply be accepted as "common sense," even though the issue has not been thoroughly tested in current practice. A case study analysis may offer an opportunity to gather evidence that challenges prevailing assumptions about a research problem and provide a new set of recommendations applied to practice that have not been tested previously. For example, perhaps there has been a long practice among scholars to apply a particular theory in explaining the relationship between two subjects of analysis. Your case could challenge this assumption by applying an innovative theoretical framework [perhaps borrowed from another discipline] to explore whether this approach offers new ways of understanding the research problem. Taking a contrarian stance is one of the most important ways that new knowledge and understanding develops from existing literature.
• The case provides an opportunity to pursue action leading to the resolution of a problem? Another way to think about choosing a case to study is to consider how the results from investigating a particular case may result in findings that reveal ways in which to resolve an existing or emerging problem. For example, studying the case of an unforeseen incident, such as a fatal accident at a railroad crossing, can reveal hidden issues that could be applied to preventative measures that contribute to reducing the chance of accidents in the future. In this example, a case study investigating the accident could lead to a better understanding of where to strategically locate additional signals at other railroad crossings so as to better warn drivers of an approaching train, particularly when visibility is hindered by heavy rain, fog, or at night.
• The case offers a new direction in future research? A case study can be used as a tool for an exploratory investigation that highlights the need for further research about the problem. A case can be used when there are few studies that help predict an outcome or that establish a clear understanding about how best to proceed in addressing a problem. For example, after conducting a thorough literature review [very important!], you discover that little research exists showing the ways in which women contribute to promoting water conservation in rural communities of east central Africa. A case study of how women contribute to saving water in a rural village of Uganda can lay the foundation for understanding the need for more thorough research that documents how women in their roles as cooks and family caregivers think about water as a valuable resource within their community. This example of a case study could also point to the need for scholars to build new theoretical frameworks around the topic [e.g., applying feminist theories of work and family to the issue of water conservation].

Eisenhardt, Kathleen M. “Building Theories from Case Study Research.” Academy of Management Review 14 (October 1989): 532-550; Emmel, Nick. Sampling and Choosing Cases in Qualitative Research: A Realist Approach . Thousand Oaks, CA: SAGE Publications, 2013; Gerring, John. “What Is a Case Study and What Is It Good for?” American Political Science Review 98 (May 2004): 341-354; Mills, Albert J. , Gabrielle Durepos, and Eiden Wiebe, editors. Encyclopedia of Case Study Research . Thousand Oaks, CA: SAGE Publications, 2010; Seawright, Jason and John Gerring. "Case Selection Techniques in Case Study Research." Political Research Quarterly 61 (June 2008): 294-308.

Structure and Writing Style

The purpose of a paper in the social sciences designed around a case study is to thoroughly investigate a subject of analysis in order to reveal a new understanding about the research problem and, in so doing, contributing new knowledge to what is already known from previous studies. In applied social sciences disciplines [e.g., education, social work, public administration, etc.], case studies may also be used to reveal best practices, highlight key programs, or investigate interesting aspects of professional work.

In general, the structure of a case study research paper is not all that different from a standard college-level research paper. However, there are subtle differences you should be aware of. Here are the key elements to organizing and writing a case study research paper.

I.  Introduction

As with any research paper, your introduction should serve as a roadmap for your readers to ascertain the scope and purpose of your study . The introduction to a case study research paper, however, should not only describe the research problem and its significance, but you should also succinctly describe why the case is being used and how it relates to addressing the problem. The two elements should be linked. With this in mind, a good introduction answers these four questions:

• What is being studied? Describe the research problem and describe the subject of analysis [the case] you have chosen to address the problem. Explain how they are linked and what elements of the case will help to expand knowledge and understanding about the problem.
• Why is this topic important to investigate? Describe the significance of the research problem and state why a case study design and the subject of analysis that the paper is designed around is appropriate in addressing the problem.
• What did we know about this topic before I did this study? Provide background that helps lead the reader into the more in-depth literature review to follow. If applicable, summarize prior case study research applied to the research problem and why it fails to adequately address the problem. Describe why your case will be useful. If no prior case studies have been used to address the research problem, explain why you have selected this subject of analysis.
• How will this study advance new knowledge or new ways of understanding? Explain why your case study will be suitable in helping to expand knowledge and understanding about the research problem.

Each of these questions should be addressed in no more than a few paragraphs. Exceptions to this can be when you are addressing a complex research problem or subject of analysis that requires more in-depth background information.

II.  Literature Review

The literature review for a case study research paper is generally structured the same as it is for any college-level research paper. The difference, however, is that the literature review is focused on providing background information and  enabling historical interpretation of the subject of analysis in relation to the research problem the case is intended to address . This includes synthesizing studies that help to:

• Place relevant works in the context of their contribution to understanding the case study being investigated . This would involve summarizing studies that have used a similar subject of analysis to investigate the research problem. If there is literature using the same or a very similar case to study, you need to explain why duplicating past research is important [e.g., conditions have changed; prior studies were conducted long ago, etc.].
• Describe the relationship each work has to the others under consideration that informs the reader why this case is applicable . Your literature review should include a description of any works that support using the case to investigate the research problem and the underlying research questions.
• Identify new ways to interpret prior research using the case study . If applicable, review any research that has examined the research problem using a different research design. Explain how your use of a case study design may reveal new knowledge or a new perspective or that can redirect research in an important new direction.
• Resolve conflicts amongst seemingly contradictory previous studies . This refers to synthesizing any literature that points to unresolved issues of concern about the research problem and describing how the subject of analysis that forms the case study can help resolve these existing contradictions.
• Point the way in fulfilling a need for additional research . Your review should examine any literature that lays a foundation for understanding why your case study design and the subject of analysis around which you have designed your study may reveal a new way of approaching the research problem or offer a perspective that points to the need for additional research.
• Expose any gaps that exist in the literature that the case study could help to fill . Summarize any literature that not only shows how your subject of analysis contributes to understanding the research problem, but how your case contributes to a new way of understanding the problem that prior research has failed to do.
• Locate your own research within the context of existing literature [very important!] . Collectively, your literature review should always place your case study within the larger domain of prior research about the problem. The overarching purpose of reviewing pertinent literature in a case study paper is to demonstrate that you have thoroughly identified and synthesized prior studies in relation to explaining the relevance of the case in addressing the research problem.

III.  Method

In this section, you explain why you selected a particular case [i.e., subject of analysis] and the strategy you used to identify and ultimately decide that your case was appropriate in addressing the research problem. The way you describe the methods used varies depending on the type of subject of analysis that constitutes your case study.

If your subject of analysis is an incident or event . In the social and behavioral sciences, the event or incident that represents the case to be studied is usually bounded by time and place, with a clear beginning and end and with an identifiable location or position relative to its surroundings. The subject of analysis can be a rare or critical event or it can focus on a typical or regular event. The purpose of studying a rare event is to illuminate new ways of thinking about the broader research problem or to test a hypothesis. Critical incident case studies must describe the method by which you identified the event and explain the process by which you determined the validity of this case to inform broader perspectives about the research problem or to reveal new findings. However, the event does not have to be a rare or uniquely significant to support new thinking about the research problem or to challenge an existing hypothesis. For example, Walo, Bull, and Breen conducted a case study to identify and evaluate the direct and indirect economic benefits and costs of a local sports event in the City of Lismore, New South Wales, Australia. The purpose of their study was to provide new insights from measuring the impact of a typical local sports event that prior studies could not measure well because they focused on large "mega-events." Whether the event is rare or not, the methods section should include an explanation of the following characteristics of the event: a) when did it take place; b) what were the underlying circumstances leading to the event; and, c) what were the consequences of the event in relation to the research problem.

If your subject of analysis is a person. Explain why you selected this particular individual to be studied and describe what experiences they have had that provide an opportunity to advance new understandings about the research problem. Mention any background about this person which might help the reader understand the significance of their experiences that make them worthy of study. This includes describing the relationships this person has had with other people, institutions, and/or events that support using them as the subject for a case study research paper. It is particularly important to differentiate the person as the subject of analysis from others and to succinctly explain how the person relates to examining the research problem [e.g., why is one politician in a particular local election used to show an increase in voter turnout from any other candidate running in the election]. Note that these issues apply to a specific group of people used as a case study unit of analysis [e.g., a classroom of students].

If your subject of analysis is a place. In general, a case study that investigates a place suggests a subject of analysis that is unique or special in some way and that this uniqueness can be used to build new understanding or knowledge about the research problem. A case study of a place must not only describe its various attributes relevant to the research problem [e.g., physical, social, historical, cultural, economic, political], but you must state the method by which you determined that this place will illuminate new understandings about the research problem. It is also important to articulate why a particular place as the case for study is being used if similar places also exist [i.e., if you are studying patterns of homeless encampments of veterans in open spaces, explain why you are studying Echo Park in Los Angeles rather than Griffith Park?]. If applicable, describe what type of human activity involving this place makes it a good choice to study [e.g., prior research suggests Echo Park has more homeless veterans].

If your subject of analysis is a phenomenon. A phenomenon refers to a fact, occurrence, or circumstance that can be studied or observed but with the cause or explanation to be in question. In this sense, a phenomenon that forms your subject of analysis can encompass anything that can be observed or presumed to exist but is not fully understood. In the social and behavioral sciences, the case usually focuses on human interaction within a complex physical, social, economic, cultural, or political system. For example, the phenomenon could be the observation that many vehicles used by ISIS fighters are small trucks with English language advertisements on them. The research problem could be that ISIS fighters are difficult to combat because they are highly mobile. The research questions could be how and by what means are these vehicles used by ISIS being supplied to the militants and how might supply lines to these vehicles be cut off? How might knowing the suppliers of these trucks reveal larger networks of collaborators and financial support? A case study of a phenomenon most often encompasses an in-depth analysis of a cause and effect that is grounded in an interactive relationship between people and their environment in some way.

NOTE:   The choice of the case or set of cases to study cannot appear random. Evidence that supports the method by which you identified and chose your subject of analysis should clearly support investigation of the research problem and linked to key findings from your literature review. Be sure to cite any studies that helped you determine that the case you chose was appropriate for examining the problem.

IV.  Discussion

The main elements of your discussion section are generally the same as any research paper, but centered around interpreting and drawing conclusions about the key findings from your analysis of the case study. Note that a general social sciences research paper may contain a separate section to report findings. However, in a paper designed around a case study, it is common to combine a description of the results with the discussion about their implications. The objectives of your discussion section should include the following:

Reiterate the Research Problem/State the Major Findings Briefly reiterate the research problem you are investigating and explain why the subject of analysis around which you designed the case study were used. You should then describe the findings revealed from your study of the case using direct, declarative, and succinct proclamation of the study results. Highlight any findings that were unexpected or especially profound.

Explain the Meaning of the Findings and Why They are Important Systematically explain the meaning of your case study findings and why you believe they are important. Begin this part of the section by repeating what you consider to be your most important or surprising finding first, then systematically review each finding. Be sure to thoroughly extrapolate what your analysis of the case can tell the reader about situations or conditions beyond the actual case that was studied while, at the same time, being careful not to misconstrue or conflate a finding that undermines the external validity of your conclusions.

Relate the Findings to Similar Studies No study in the social sciences is so novel or possesses such a restricted focus that it has absolutely no relation to previously published research. The discussion section should relate your case study results to those found in other studies, particularly if questions raised from prior studies served as the motivation for choosing your subject of analysis. This is important because comparing and contrasting the findings of other studies helps support the overall importance of your results and it highlights how and in what ways your case study design and the subject of analysis differs from prior research about the topic.

Consider Alternative Explanations of the Findings Remember that the purpose of social science research is to discover and not to prove. When writing the discussion section, you should carefully consider all possible explanations revealed by the case study results, rather than just those that fit your hypothesis or prior assumptions and biases. Be alert to what the in-depth analysis of the case may reveal about the research problem, including offering a contrarian perspective to what scholars have stated in prior research if that is how the findings can be interpreted from your case.

Acknowledge the Study's Limitations You can state the study's limitations in the conclusion section of your paper but describing the limitations of your subject of analysis in the discussion section provides an opportunity to identify the limitations and explain why they are not significant. This part of the discussion section should also note any unanswered questions or issues your case study could not address. More detailed information about how to document any limitations to your research can be found here .

Suggest Areas for Further Research Although your case study may offer important insights about the research problem, there are likely additional questions related to the problem that remain unanswered or findings that unexpectedly revealed themselves as a result of your in-depth analysis of the case. Be sure that the recommendations for further research are linked to the research problem and that you explain why your recommendations are valid in other contexts and based on the original assumptions of your study.

V.  Conclusion

As with any research paper, you should summarize your conclusion in clear, simple language; emphasize how the findings from your case study differs from or supports prior research and why. Do not simply reiterate the discussion section. Provide a synthesis of key findings presented in the paper to show how these converge to address the research problem. If you haven't already done so in the discussion section, be sure to document the limitations of your case study and any need for further research.

The function of your paper's conclusion is to: 1) reiterate the main argument supported by the findings from your case study; 2) state clearly the context, background, and necessity of pursuing the research problem using a case study design in relation to an issue, controversy, or a gap found from reviewing the literature; and, 3) provide a place to persuasively and succinctly restate the significance of your research problem, given that the reader has now been presented with in-depth information about the topic.

Consider the following points to help ensure your conclusion is appropriate:

• If the argument or purpose of your paper is complex, you may need to summarize these points for your reader.
• If prior to your conclusion, you have not yet explained the significance of your findings or if you are proceeding inductively, use the conclusion of your paper to describe your main points and explain their significance.
• Move from a detailed to a general level of consideration of the case study's findings that returns the topic to the context provided by the introduction or within a new context that emerges from your case study findings.

Note that, depending on the discipline you are writing in or the preferences of your professor, the concluding paragraph may contain your final reflections on the evidence presented as it applies to practice or on the essay's central research problem. However, the nature of being introspective about the subject of analysis you have investigated will depend on whether you are explicitly asked to express your observations in this way.

Problems to Avoid

Overgeneralization One of the goals of a case study is to lay a foundation for understanding broader trends and issues applied to similar circumstances. However, be careful when drawing conclusions from your case study. They must be evidence-based and grounded in the results of the study; otherwise, it is merely speculation. Looking at a prior example, it would be incorrect to state that a factor in improving girls access to education in Azerbaijan and the policy implications this may have for improving access in other Muslim nations is due to girls access to social media if there is no documentary evidence from your case study to indicate this. There may be anecdotal evidence that retention rates were better for girls who were engaged with social media, but this observation would only point to the need for further research and would not be a definitive finding if this was not a part of your original research agenda.

Failure to Document Limitations No case is going to reveal all that needs to be understood about a research problem. Therefore, just as you have to clearly state the limitations of a general research study , you must describe the specific limitations inherent in the subject of analysis. For example, the case of studying how women conceptualize the need for water conservation in a village in Uganda could have limited application in other cultural contexts or in areas where fresh water from rivers or lakes is plentiful and, therefore, conservation is understood more in terms of managing access rather than preserving access to a scarce resource.

Failure to Extrapolate All Possible Implications Just as you don't want to over-generalize from your case study findings, you also have to be thorough in the consideration of all possible outcomes or recommendations derived from your findings. If you do not, your reader may question the validity of your analysis, particularly if you failed to document an obvious outcome from your case study research. For example, in the case of studying the accident at the railroad crossing to evaluate where and what types of warning signals should be located, you failed to take into consideration speed limit signage as well as warning signals. When designing your case study, be sure you have thoroughly addressed all aspects of the problem and do not leave gaps in your analysis that leave the reader questioning the results.

Case Studies. Writing@CSU. Colorado State University; Gerring, John. Case Study Research: Principles and Practices . New York: Cambridge University Press, 2007; Merriam, Sharan B. Qualitative Research and Case Study Applications in Education . Rev. ed. San Francisco, CA: Jossey-Bass, 1998; Miller, Lisa L. “The Use of Case Studies in Law and Social Science Research.” Annual Review of Law and Social Science 14 (2018): TBD; Mills, Albert J., Gabrielle Durepos, and Eiden Wiebe, editors. Encyclopedia of Case Study Research . Thousand Oaks, CA: SAGE Publications, 2010; Putney, LeAnn Grogan. "Case Study." In Encyclopedia of Research Design , Neil J. Salkind, editor. (Thousand Oaks, CA: SAGE Publications, 2010), pp. 116-120; Simons, Helen. Case Study Research in Practice . London: SAGE Publications, 2009;  Kratochwill,  Thomas R. and Joel R. Levin, editors. Single-Case Research Design and Analysis: New Development for Psychology and Education .  Hilldsale, NJ: Lawrence Erlbaum Associates, 1992; Swanborn, Peter G. Case Study Research: What, Why and How? London : SAGE, 2010; Yin, Robert K. Case Study Research: Design and Methods . 6th edition. Los Angeles, CA, SAGE Publications, 2014; Walo, Maree, Adrian Bull, and Helen Breen. “Achieving Economic Benefits at Local Events: A Case Study of a Local Sports Event.” Festival Management and Event Tourism 4 (1996): 95-106.

Writing Tip

At Least Five Misconceptions about Case Study Research

Social science case studies are often perceived as limited in their ability to create new knowledge because they are not randomly selected and findings cannot be generalized to larger populations. Flyvbjerg examines five misunderstandings about case study research and systematically "corrects" each one. To quote, these are:

Misunderstanding 1 :  General, theoretical [context-independent] knowledge is more valuable than concrete, practical [context-dependent] knowledge. Misunderstanding 2 :  One cannot generalize on the basis of an individual case; therefore, the case study cannot contribute to scientific development. Misunderstanding 3 :  The case study is most useful for generating hypotheses; that is, in the first stage of a total research process, whereas other methods are more suitable for hypotheses testing and theory building. Misunderstanding 4 :  The case study contains a bias toward verification, that is, a tendency to confirm the researcher’s preconceived notions. Misunderstanding 5 :  It is often difficult to summarize and develop general propositions and theories on the basis of specific case studies [p. 221].

While writing your paper, think introspectively about how you addressed these misconceptions because to do so can help you strengthen the validity and reliability of your research by clarifying issues of case selection, the testing and challenging of existing assumptions, the interpretation of key findings, and the summation of case outcomes. Think of a case study research paper as a complete, in-depth narrative about the specific properties and key characteristics of your subject of analysis applied to the research problem.

Flyvbjerg, Bent. “Five Misunderstandings About Case-Study Research.” Qualitative Inquiry 12 (April 2006): 219-245.

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Writing Effective Legal Case Briefs for Law Students

How to write a case brief, complete with examples.

tl;dr - Case briefs help your understanding of legal concepts and enable you to better prepare for exams. Here are some example case briefs .

As a new law student, one of the essential skills you need to develop is the ability to write effective legal case briefs. A case brief is a concise summary of a legal case that highlights the key issues, legal principles, and holdings of the court. Writing a good case brief can help you better understand the law, prepare for class discussions and exams, and become a more effective legal professional. In this article, we'll explore the key elements of a good legal case brief and provide some tips on how to write one effectively.

Legal case briefs are an essential tool for you as a law student, as they provide a concise and organized summary of a court case. Case brief examples serve as a means for you to understand the facts, issues, and legal principles underlying a court decision, and are crucial in helping you develop analytical and critical thinking skills.

One of the primary reasons why case briefs are important for you is that they help you understand the law in a practical and applied manner. In law school, you study legal principles and concepts in a theoretical sense. However, case briefs provide a means for you to see how these principles are applied in real-world situations. By analyzing and dissecting court decisions, you are able to gain a better understanding of how legal principles and concepts are applied in practice. For example, case brief examples of landmark cases like Marbury v. Madison or Brown v. Board of Education can help you understand the historical and legal significance of these cases.

Understand the Structure of a Legal Case Brief

Before we dive into the details of how to write a good legal case brief, it's important to understand its structure. A typical legal case brief, such as the examples of case briefs available on LSD , includes the following sections:

• Title and Citation: This section includes the name of the case, the court that decided the case, and the citation (i.e., the reference that identifies where the case is published).
• Facts: This section provides a brief summary of the key facts of the case, including who the parties are, what they did, and how the case came to court.
• Issues: This section identifies the legal issues that the court was asked to decide, and focuses on the questions that the court addressed in its decision.
• Holding: This section summarizes the court's decision on the legal issues presented in the case.
• Analysis: This section provides an explanation of the court's reasoning in arriving at its holding, including the legal principles and rules that the court relied on.

Focus on the Key Facts and Issues

When writing a case brief, it's important to focus on the key facts and legal issues presented in the case. You should avoid including unnecessary details or information that is not relevant to the legal issues. Instead, focus on the facts and issues that are essential to understanding the court's decision. This is evident in many examples of case briefs written by legal professionals.

Identify the Legal Principles and Rules

In addition to focusing on the key facts and issues, it's important to identify the legal principles and rules that the court relied on in arriving at its decision. This will help you understand the court's reasoning and the legal principles that are relevant to the case. Many examples of case briefs available online also highlight the legal principles and rules that were applied in a particular case.

Use Clear and Concise Language

A good legal case brief should be written in clear and concise language, as seen in examples of case briefs written by legal professionals. You should avoid using legal jargon or technical terms that may be difficult for a layperson to understand. Instead, use plain language that accurately conveys the meaning of the court's decision.

Be Organized and Structured

To make your case brief more effective, it's important to be organized and structured in your writing. Use headings and subheadings to separate different sections of your brief, and make sure that each section flows logically from one to the next. This is evident in many examples of case briefs available online, which are organized and structured in a clear and logical manner.

So, what’s the point?

Developing analytical and critical thinking skills.

Writing case briefs helps you develop analytical and critical thinking skills. By analyzing court decisions and identifying key facts, issues, and legal principles, you are practicing your ability to think critically and to identify relevant legal issues. Case briefs provide a practical way to develop these skills and apply them to real-world legal problems.

To further develop your analytical and critical thinking skills, you can practice writing your own case briefs. Take a recent court decision and write a brief that summarizes the key facts, issues, and legal principles involved. This will help you become more proficient at identifying relevant information and organizing it in a structured manner.

Preparing for Class and Exams

In addition to being a valuable tool for developing analytical skills, case briefs also help you prepare for class discussions and exams. As you read cases and write briefs, you are gaining a deeper understanding of the law and the reasoning behind court decisions. This knowledge will help you participate more effectively in class discussions and will also help you prepare for law school exams.

To get the most out of case briefs when preparing for exams, you can practice writing case briefs for cases that you studied throughout the year, or to hypotheticals from past exams. This will help you apply the analytical skills you've developed to new situations and ensure that you are able to communicate your understanding of legal principles effectively.

In conclusion, case briefs are an essential tool for law students as they provide a practical application of legal principles, help develop analytical and critical thinking skills, and aid in preparing for class discussions and exams. By studying case brief examples, practicing writing your own briefs, and developing a deep understanding of the law in context, you can become a more proficient and effective student and legal professional. For examples, check out LSD's case brief database .

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How to write a case study response

• Starting well
• How to write an annotated bibliography
• How to write a critique
• How to write an empirical article
• How to write an essay
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Before you start writing, you need to carefully read the case study and make a note of the main issues and problems involved as well as the main stakeholders (persons or groups of persons who have an interest in the case).

Case study elements

A case study response would include the following elements:

Introduction

Introduce the main purpose of the case study and briefly outline the overall problem to be solved.

Description

Write a brief description of the case under discussion giving an outline of the main issues involved. Always assume that your reader knows nothing of the assignment task and provide enough information to give a context for your discussion of the issues.

Discuss the issues raised one by one, using information gained from your research of the academic literature.

Your discussion may include:

• an outline of the issue and its implications for or relationship to different stakeholders
• how that issue links to theories or research in the academic literature
• suggested solutions or ideas
• evaluation of the solutions or ideas for this particular case.

Conclusion / Recommendations

Finally, sum up the conclusions that you have come to and give recommendations to resolve the case. Give reasons for your recommendations.

• Carefully read the case and noted the main issues and stakeholders in the case?
• Written a brief description of the case to give your readers a context for the main issues?
• Discussed each issue with reference to the academic literature?
• Evaluated the solutions or ideas for each issue to find the ones most suitable?
• Made final recommendations of how to resolve the case?
• Used a well structured introduction, body and conclusion?
• Cited and referenced all of the work by other people?
• Used correct grammar, spelling and punctuation, clear presentation and appropriate reference style?

Further information

• Monash University: Writing a case study
• University of New South Wales: Writing a Case Study Report in Engineering

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• Introduction

Selected works

Browse subject headings, aglc guidance, reference works.

• Theses and dissertations
• Professional writing
• Other resources

• How to write a case note See Survive Law's guide to writing a case note.

• Academic writing
• Law examinations
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Part 1 of the Australian Guide to Legal Citation offers some guidance on:

• quotations (rule 1.5)
• punctuation (rule 1.6)
• capitalisation (rule 1.7)
• italicisation (rule 1.8)
• spelling and grammar (rule 1.9)
• headings and titles (rule 1.12)
• bibliographies (rule 1.13)
• Australian Guide to Legal Citation — 4th ed (PDF, 2.3MB) The fourth edition of the AGLC is the official referencing style used by the TC Beirne School of Law.

If you are unsure about how to spell a word, check the Macquarie Dictionary or Oxford English Dictionary . Consult Fowler's Dictionary of Modern English Usage for questions about grammar and usage.

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How to Write a Law Essay

Last Updated: August 11, 2023

This article was co-authored by Clinton M. Sandvick, JD, PhD . Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 241,729 times.

In a college legal studies course, and in some law school courses, you may be required to write a research paper addressing a legal topic. These essays can be tricky, because the law is constantly evolving. To secure a top grade, your essay must be well-researched and coherently argued. With proper planning and research, you can write a stellar legal essay. [Note: this article does not address how to write law school essay exams or bar exam questions, which require different techniques and strategies.]

Choosing an Essay Topic

• A narrow essay prompt might read, "Discuss the evolution and impact of the exclusionary rule of evidence in the United States." A broad prompt might read, "Discuss how a civil rights movement led to changes in federal and/or state law."
• If you are invited to choose your own topic, your professor may require you to submit a written proposal or outline to ensure that your chosen topic complies with the prompt. If you are not sure if your topic is within the parameters of the prompt, propose your topic to your professor after class or during his or her office hours.

• Hopefully, your course readings, lectures, and class discussions will have given you enough background knowledge to select a topic. If not, review your class notes and browse online for additional background information.
• It is not uncommon to change your topic after doing some research. You may end up narrowing the questions your essay will answer, or changing your topic completely.

• If you can, try to focus on an are of the law that affects you. For example, if your family is involved in agriculture, you may be interested in writing about water use regulations .

Researching Your Topic

• If you are prohibited from citing internet resources, you can still use online research to guide you to physical primary and secondary sources in your local library or bookstore.

• Look at footnotes, citations, and indexes in tertiary sources. These are great for finding books, articles, and legal cases that are relevant to your topic. Also take note of the names of authors, who may have written multiple works on your topic.

• Also find search engines for related fields, such as history or political science. Ask your librarian to recommend specialized search engines tailored to other disciplines that may have contributed to your topic.

• Never cut and paste from the web into your notes or essay. This often leads to inadvertent plagiarism because students forget what is a quotation and what is paraphrasing. When gathering sources, paraphrase or add quotation marks in your outline.
• Plagiarism is a serious offense. If you ultimately hope to be a lawyer, an accusation of plagiarism could prevent you from passing the character and fitness review.

Drafting the Essay

• An effective introduction takes the reader out of his world and into the world of your essay. [2] X Trustworthy Source University of North Carolina Writing Center UNC's on-campus and online instructional service that provides assistance to students, faculty, and others during the writing process Go to source Explain why the subject is important and briefly summarizes the rest of your argument. After reading your introduction, your reader should know what you are going to discuss and in what order you will be discussing it.
• Be prepared to revise your introduction later. Summarizing your essay will be easier after you have written it, especially if you deviate from your outline.

• State each argument of your essay as a statement that, if true, would support your thesis statement.
• Provide supporting information drawn from primary and secondary sources that support your argument. Remember to cite your sources.
• Provide your own original analysis, explaining to the reader that based on the primary and secondary sources you have presented, the reader should be persuaded by your argument.

Formatting Your Essay

Proofreading the Essay

• Open up a Word document. On the Quick Access Toolbar at the top, click on the down arrow. The words “Customize Quick Access Toolbar” will appear when you hover over the arrow for two seconds.
• Click on the arrow. Then click on “More Commands.”
• In the “Choose commands from” drop-down box, choose “All commands.”
• Scroll down to find “Speak.” Highlight this and then click “add.” Then click “okay.” Now the Speak function should appear on your Quick Access Toolbar.
• Highlight the text you want read back to you, and then click on the Speak icon. The text will be read back to you.

• Do not rely on a spell checker exclusively, as it will not catch typos like "statute" versus "statue."

Revising the Essay

• You can share the essay with someone outside of class, but a classmate more likely has the requisite knowledge to understand the subject matter of the essay.

Expert Q&A

You might also like.

• ↑ https://owl.english.purdue.edu/engagement/2/2/53/
• ↑ http://writingcenter.unc.edu/handouts/introductions/
• ↑ https://www.legalbluebook.com/
• ↑ https://support.office.com/en-ca/article/Using-the-Speak-text-to-speech-feature-459e7704-a76d-4fe2-ab48-189d6b83333c

About This Article

To write a law essay, start by writing a thesis statement on your chosen topic. Phrase your thesis statement as an argument, using words like “because” or “therefore” to state your point. Write an outline of the arguments you will use to support your thesis statement, then use that outline to build the body of your paper. Include any counter-arguments, but use your evidence to convince the reader why your point of view is valid, and the counter-arguments are not. Be sure to cite all of your sources in the format preferred by your professor. For tips from our reviewer on finding the best sources for your topic, keep reading! Did this summary help you? Yes No

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Your Guide to Finding Cases for HSC Legal Studies

Struggling to find cases to use in your Legal Studies essay?

Not to worry, we’ve got your back and have 4 simple steps you can follow to search for relevant cases to use when writing up essays in HSC Legal Studies.

Let’s dive in!

The Purpose of Cases in HSC Legal Studies Step 1: Identify the Topic Step 2: Select Cases to Use for the Essay Step 3: Conduct Your Research Step 4: Identify Legal Issues

The Purpose of Cases in HSC Legal Studies

Just like you would use quotations and textual evidence for an English essay , the core of a Legal Studies essay are cases, legislation, media, international instruments and documents. However, relevant HSC Legal Studies Cases are especially important.

Although unlike English, there’s little advice or guidance on how to locate and analyse them.

Moreover, finding cases for HSC Legal Studies requires you to keep updated on major legal developments regarding your topic — so independent research is crucial.

T hus, finding relevant HSC Legal Studies Cases is pivotal for your responses!

But don’t worry! We’ll help you with how to research HSC Legal Studies cases and ensure you’re using them effectively to write long answer responses.

The main thing to remember is that cases are used to prove how the law applies ‘ in action ’ — essentially, how the law has functioned in practice regarding particular individuals or groups.

We’ll be using the following essay question from the 2015 NESA Legal Studies paper to follow the process of how you would come to use a case in constructing your response for HSC Legal Studies: 

“To what extent does the criminal investigation process balance the rights of victims, suspects and society?” 

Step 1: Identify the Topic

First of all, deconstruct the question. You can do this by highlighting the key terms like this:

This is so you can  figure out what content you are required to analyse.

Judging from key words, this question is from the topic ‘The criminal investigation process’ .

Therefore, we’ll be using any cases that fall under the following umbrella:

This has been taken directly from the syllabus and helps set a parameter for your essay, outlining exactly what you’ll be expected to analyse.

Thinking about answering some practice questions for revision? Check out our HSC Legal Studies Crime practice questions !

Step 2: Select Cases to Use for the Essay

Textbooks do have HSC Legal Studies cases, so it’s possible to find landmark cases in there.

These will be old cases that mark major legal changes, but you shouldn’t rely solely on those. A lot of your marks come from your understanding of current legal processes. 

Finding cases online is usually the best method, because it’s accessible, and keeps up to date with current laws.

Most of the time, your teacher will be providing you with handouts in class that are media articles or reports. The best thing to do is always underline/highlight specific cases that are referenced. This way, you’re building a ‘HSC Legal Studies case arsenal’ to use in your essays.

Any cases that explain the criminal investigation process from the syllabus areas have been highlighted in the image above, and have to do with the rights of “victims, suspects and society” will be ideal.

Write a list of cases that reveal the reality of the investigation process i.e. “how does the law actually affect real people?” 

If you have no cases in mind, consider using a case citator, which allows you to search by topic.

The NSW State Library has a page which lists the three most prominent citators:

It is also recommended that you use  Legal Information Access Centre (LIAC) by the NSW State Library if you want to find extra material.

For this example, I found the case of Haneef v Minister for Immigration and Citizenship (2007) FCA

Step 3: Conduct Your Research

AustLII  is the largest public legal database in Australia. They provide legislation, cases (court judgements) and reports.

It updates regularly, and you should be able to find the full transcript of most of the cases you’ve chosen.

NSW CaseLaw  also has publications of court findings. 

Step 4: Identify Legal Issues

You will need to identify what the legal ramifications of that case was. For our question, what does Haneef v Minister for Immigration and Citizenship (2007) FCA reveal ?

Check out our complete list of all the Crime Cases that we think you will need for HSC Legal Studies!

The key issues highlighted are:

• Unreasonable detention
• The violation of the International Covenant on Civil and Political Rights 1966, delineating an imbalance for the rights of suspects
• Spender J: Governmental organisations, such as ASIO, should not be exempt from judicial scrutiny

Now it’s your turn!

Let’s revisit the question:

Try using the above information about  Haneef v Minister for Immigration and Citizenship (2007) FCA  to answer this question!

Need help with creating a scaffold for your Legal Studies essays? Head here!

Looking for extra help with HSC Legal Studies?

We pride ourselves on our inspirational hsc legal studies coaches and mentors.

We offer tutoring and mentoring for Years K-12 in a variety of subjects, with personalised lessons conducted one-on-one in your home or at one of our state of the art campuses in Hornsby or the Hills!

To find out more and get started with an inspirational tutor and mentor get in touch today !

Give us a ring on 1300 267 888, email us at  [email protected]  or check us out on  TikTok !

Sophia Zou completed the HSC back in 2013, however she considers it her mission to help students make the most of their final years at high school. Her interests include political science, Simon and Garfunkel, and pretending to be a tea aficionado. Alongside tutoring at Art of Smart Education, she spends her time playing the piano and studying Government & IR and Languages at the University of Sydney.

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8 Top Law School Final Exam Tips

Last Updated: Aug 28, 2024

What to expect from your law school final exams

A full semester of taking copious notes, reading, briefing, outlining, classroom discussions, and surviving the Socratic Method culminates in one final act. Writing law school final exams.

Most professors give essay exams for law school finals. Some are single-topic, short-answer questions. Others can go on for pages — known as issue-spotter exams. Some are taken in class, while others are take-home, allowing students more than the traditional amount of time to answer the essay questions. There are open-book and closed-book exams. And there are those few professors who create multiple-choice exams or (in rare cases) give oral exams.

Whatever type of exam your professor chooses to administer, you will be tested on your ability to analyze and resolve legal problems and demonstrate your grasp of the materials. Your course grade will be largely, if not exclusively, based on your final exam performance.

Here are some high-level tips to help you prepare for your law school finals.

Understand your professor preferences

The foundation for success on your law school finals is to know who is grading the exam. Your mission is to make that person’s life easier. Ultimately, different professors prefer different types of answers. Some want extreme detail — every possible interpretation of every possible fact. Some like answers straight to the point within a page count. It’s okay to ask your professor.

It’s a given that all professors expect well-organized, legible answers, no matter how brief or expansive.

Read the facts carefully

Read the entire problem through once rather quickly to get a general understanding. Focus on the question you are being asked to respond to at the end of the problem.

Then, read through the scenario again, slowly and carefully. This time, evaluate every word and phrase to identify all potential issues. Applying the law to the facts presented is critical in any law school exam. And changing the facts even slightly could result in a completely different result.

Answer the question that is being asked

Always keep in mind the specific question you are actually being asked to answer. Although you may receive credit for ancillary information provided in your answer, you will only receive maximum credit if you specifically answer the question that is presented. Therefore, you must determine what role the professor is asking you to assume before answering. Are you the defendant’s attorney, or do you represent the plaintiff? Are you a judge trying to resolve the dispute? It makes a real difference in how you answer.

Attempts to include unrelated material in your answer could backfire if your professor believes you are incapable of ruling out irrelevant information.

Organize your thoughts

Organization is critical to writing a strong essay answer on any law school finals. After all, if the professor cannot follow your analysis, how can they grade it fairly and appropriately?

Before you start writing, chart the issues in the manner in which you will resolve them. Again, make sure the issues are related to the actual question you are being asked to answer. Arrange the issues in the sequence in which you would expect a court to address them (i.e., normally jurisdictional issues first, then liability, then remedies). Capture the points you will discuss in sufficient detail to prompt you to think the problem through to a fair and practical solution.

Complete your analysis and organization before you start writing

You may find that you devote a solid one-fourth of the time allocated to reading, analyzing the problem and organizing your answer. That’s okay. A logical organization and clear expression of ideas will strengthen your answer. This purposeful approach may even bolster an answer that’s somewhat weak.

Use the IRAC format for each issue raised

As you begin to write out your answer, we recommend you analyze each dispute using the IRAC method.

First, state the issue in precise legal terms (i.e., “Did the defendant’s mistake in computing his bid prevent the formation of an enforceable contract?”). Be careful to avoid generalizations or oversimplification of the issue.

Next, state the applicable law. Be sure to define the pertinent elements of a rule as well as any terms of art.

Application

Then, apply the rules to the facts using arguments. Avoid the common error of stating a rule and then jumping straight to the conclusion. Your professor will not infer a supporting argument for you — you must spell it out. Remember to use the Issue T you created earlier to remind you to discuss which facts in the fact pattern support (or prevent) application of the rule. Discuss and weigh each fact given and the logical inference to be drawn from it. Be sure to include counterarguments where possible.

Finally, come to a straightforward conclusion on each issue. Make sure you have clearly answered the question asked, and you have not left an issue hanging. If a number of outcomes are possible, discuss the merits of each, but always select one position as your conclusion and state why. In close cases, it is generally best to select the most practical and fair conclusion. Just don’t consider yourself bound by the “general rule” or “majority view” in answering on a law school final exam unless the question clearly calls for such.

Argue both sides of legal issues you spot and remember policy concerns

Once a dispute has been framed and a legal theory has been asserted, identify any problems surrounding the theory’s application as well as arguments that each side can make in support of their position.

Also, if time allows, include just a sentence or two regarding the policy implications of your conclusions. Law is meant to provide order in society and, when imposing laws, you should always predict the impact that they will have.

Take a deep breath and try not to panic

If you find yourself panicking, not understanding the issues presented or not remembering the rules related to such issues, don’t panic. Instead, close your eyes and take a few deep breaths. Then, start working systematically through the information with these tips and do your best on your law school finals.

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Writing a Psychology Case Study: Mastering the Skill

Creating case studies is an exciting and challenging assignment, isn't it? You are to combine theoretical data and practical skills when writing this paper. Analytical thinking is also a great help in this field. The project is quite useful in psychological, medical, educational, and social spheres.

Why are case studies important in psychology? They give a wonderful chance

• to understand personal behavior and manners,
• to investigate symptoms and offer effective treatment,
• to interpret group or individual identity. 

Today we'll discuss the meaning of psychological case studies – the definition, types, and benefits – and offer a few useful tips on how to write these papers. So let's start the exploration.

Case Studies in Psychology: Making an Overview

Generally, a case study means an extensive analysis of a person, group, or episode. It may concern any aspect of the target's life. This method appears to be effective when it is impossible to carry out an experiment. 

Well, what is a case study in psychology? A psychology case study implies a focused information gathering in terms of life reality – behavior, manners, habits, and whatnot. Mostly, it touches on the practical state of affairs, not theoretical matters. You may collect data by psychometric testing, observing, interviewing, and looking through archival materials. The process may resemble looking at the target object through a magnifier.

Due to psychology case studies nature, they play a crucial role in human mind investigation:

• give a meticulous description of personal or collective behavior;
• help to examine the specificity of every unique case;
• provide practical evidence for theoretical hypotheses;
• bring a complete understanding of the investigated phenomenon;
• produce a wide range of practical applications.

Case Studies in Psychology: Types and Features

The case study method in psychology is a complicated issue. There are different types of studies, and each of them assists in a separate field.

Besides, they may be:

• individual or collective (according to the number of target persons);
• cross-sectional or longitudinal (marking a situation in a distinct time point or a long period correspondingly).

Benefits of Case Studies in Psychology

Psychological Case Studies have a few advantages if comparing this method with other investigation issues in this sphere:

• It provides a bright picture of the phenomenon, showing its nuances and specificity.
• It is quite easy to be carried out, especially in practical and ethical terms.
• It gives a true-to-life, rather objective context.
• It is a good educational tool.
• It presents a possibility of flexible investigating, adaptable to current circumstances.

8 Hints on How to Write a Case Study in Psychology

If you come across creating a psychological case study, be attentive, observant, and patient. It is perfect if you have both analytical and storytelling skills. They occur rather helpful when writing this kind of paper. To simplify the situation we offer a few recommendations concerning the composing process.

• Make up a subject profile. It should be specified enough, containing the target's name, age, status, and other necessary personal information.
• single-subject or collective,
• cross-sectional or longitudinal,
• exploratory, explanatory, illustrative, instrumental, or others.
• personal history,
• various psychological factors (traits of character, emotional manifestations, and other similar matters),
• social aspects (environmental impacts on the person)
• events, having influenced the target greatly, etc.
• Make a meticulous description of the target issue that is the focus of the investigation. As a rule, it is to comprise symptoms, problems, and behavior specificity. It is also advisable to record the exact time and duration of issue expressions if there are any.
• Analyze all the gathered data.
• Produce the diagnosis and offer a treatment strategy (therapy, medicines, changes in lifestyle, etc).
• Comment on the process of treatment and its aims.
• Make up a discussion section, interpreting all the results of the study and offering an area for further work.

Having explored the case study definition in psychology in detail, you are certain to realize what data to gather and how to perform a successful result without trouble. Moreover, at any moment you may turn to Aithor – an AI-powered generator – to get an example of a topical study case project.

7 General Tips for Writing a Psychology Case Study

There are a few additional tips on how to produce a fine case study in psychology.

• Be sure that you may communicate with the target and operate with necessary information freely.
• Prepare an elaborate study case outline.
• Record every matter you get in the course of the investigation.
• Respect the ethical norms.
• Discuss the case with colleagues and professionals.
• Analyze everything thoroughly.
• Be precise, patient, and persistent.

To cap it all, case studies definition in psychology underlines the practical importance of carrying out such investigations. Learning the episode in detail helps in producing the adequate diagnoses and treatments. So, try to carry out the exploration in the most consistent and clear way possible. We hope that the presented recommendations will assist you in creating fine projects. Good luck!

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Skills-based assessments with subjective marking criteria – A case study from City Law School

• Author By Sona Mehta
• Publication date September 4, 2024
• Categories: Assessment , Case Studies
• No Comments on Skills-based assessments with subjective marking criteria – A case study from City Law School

The problem:

The solution:, the practical solution:, the outcome:, recommendations:, how to deal with subjective assessment criteria.

This is a challenge many of us face when marking assessments where we are required to determine if a student’s work is “effective” or their delivery demonstrates the skills of a “good advocate” and ultimately: competent.

On the professional programmes in The City Law School, students undergo training to prepare them for the practise of the law, having addressed the theory at an undergraduate level.  This training includes mastering skills such as advocacy, interviewing and advising, writing, and drafting.  Now the teaching teams on the professional programmes is not vast, and we each have different skillsets and practice specialisms.  However, when conducting assessments, as some of the assessments such as advocacy are performed live, and given the short turnaround times for marking, it’s a very much “all hands on deck” approach that is adopted. We all get involved in marking skills assessments. After all, we were all qualified lawyers at some point, we’re all experienced lecturers, accustomed to marking against assessment criteria and provide feedback.

Let’s take the example of advocacy.  To assess the skill, students are given documents about a week in advance and over the course of a week, students are given timeslots of 20 minutes each within which to present their case to the assessor, playing the role of the judge.  The advocacy module leader painstakingly prepares guides for tutors, elaborating on each of the assessment criteria, providing examples of how they can each be demonstrated and as assessors, we dutifully read and digest this information that’s set out in a ten page document. This information is then utilised in giving oral feedback to all students for their formative assessments, and written feedback to only those students who did not meet the required competency status in their summative assessments.

After my first day of assessing the live skill of advocacy, I realised that it’s not so easy to refer to that tutor guide to check if a student has demonstrated meeting the criteria whilst the student is presenting. I also discovered that there was a very real danger of me not taking note of what the student was presenting, or mistaking one student’s words for another.  This meant I had to playback the student’s recorded presentation, to mark their performance accurately.  Obviously, this was both time-consuming and laborious.

I recognised there was a real need to simplify the marking process – assessors simply needed access to the key headline points students needed to make to demonstrate each of the assessment criteria.  Assessors could simply tick or cross against these points in real time.  Assessors could access more information and detail on each of these points outside of the assessment, but a ticksheet for assessors could limit the number of playbacks required to be watched.

The assessors all agreed that the ticksheet saved time and was an efficient way of marking students’ performance, particularly as it could be used contemporaneously during live assessments.  Markers were able to rely on the ticksheets when providing students oral feedback immediately after their formative submissions, and written feedback to those students who did not meet the competency status in their summative assessments.

The criteria were clearly set out, with examples of how they could be demonstrated, which helped those assessors who were unfamiliar with the subject area.

The ability to annotate the ticksheet was a plus.

The ticksheet is now a key document in the markers’ assessment bundle.

Following the successful use of the ticksheet in the advocacy assessment, I trialled it in the other skills assessments of interviewing and advising and legal research.  It has had the same consequences as it had for advocacy: simplifying and speeding up the marking process whilst making it easier for non-subject experts to assess the subject.

If a process is cumbersome for you; it is likely to be cumbersome for others.  Identify the challenges; trial a solution, and then adapt it to work for you.

After rolling out the ticksheet, I then considered how I could simplify the feedback process, which was also time-consuming.  Students often complained about insufficient or inconsistent feedback.

I looked at the ticksheet inputs of the examples of satisfactorily demonstrating meeting a criteria and how these could be provided in the student feedback in relation to each criteria.  The assessor could then delete/insert these examples for the student feedback enabling the message to students to be consistent amongst assessors and constructive, identifying how students’ performance could be improved.

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The University of Chicago The Law School

Federal criminal justice clinic—significant achievements for 2023-24.

The Federal Criminal Justice Clinic is the nation’s first legal clinic devoted to representing indigent clients charged with federal felonies, pursuing impact litigation through criminal cases in federal court, and spearheading systemic change within the federal criminal system to combat racial, economic, and other inequities. Professor Alison Siegler, the Clinic’s Founding Director, and Professor Judith Miller work together with students to advocate in these areas.

Freedom Denied Systemic Reform Project

Students working with Professor Siegler on the FCJC’s Freedom Denied Project have continued to drive systemic change nationally in the area of federal pretrial jailing and detention, building on the Clinic’s study, Freedom Denied: How the Culture of Detention Created a Federal Jailing Crisis (2022). In this report, the FCJC identified a federal jailing crisis and presented hard data to judges and other stakeholders about various ways in which people’s rights are violated during federal bail hearings. Since then, the FCJC has been pulling every possible lever to address this crisis, reduce federal jailing rates, and reduce the accompanying racial disparities.

In ten of the federal courts where the FCJC engaged in district-specific interventions, federal jailing rates decreased by fifteen percent on average. Over the five years since our work began, federal jailing rates have decreased by five percent nationwide. While it is difficult to know what part of the decrease is attributable to the Clinic’s efforts, many judges and policymakers have informed Professor Siegler that the Clinic’s work is fundamentally reshaping how the federal system addresses pretrial detention and release.

This year, the FCJC distributed a bound hard copy of our 300-page Freedom Denied report to 700 federal judges, including every Chief US District Court Judge and every US Magistrate Judge in the country who makes pretrial jailing decisions. We received many letters and emails from judges nationwide, thanking us and reflecting on our report as an excellent and practical resource for the judiciary. (The printing, binding, and mailing of the report was made possible by an additional and very generous gift from the Astor Street Foundation.)

In our report, the FCJC was the first to identify a massive access-to-justice problem, and our interventions on that issue are creating monumental change. Specifically, our investigation revealed that in one-quarter of the federal courts in this country, judges regularly detain people in jail without lawyers. This is a clear violation of federal laws that require the appointment of counsel during the first court hearing, known as the initial appearance.

The FCJC advocated to the Department of Justice and the Judicial Conference of the United States, and they responded by working with us to rectify the access-to-counsel problem. In 2023, the DOJ issued a new directive requiring federal prosecutors to recognize the statutory right to counsel. After that, FCJC students and Professor Siegler conducted an extensive additional investigation to identify the federal courts where the right-to-counsel crisis is most acute, and approached the Judicial Conference with our findings. In response, Judicial Conference committees ultimately issued a directive in March 2024 requiring federal judges to appoint counsel to represent every indigent defendant during their initial appearance hearing, stating: “Courts that do not currently ensure that every defendant has active representation by counsel during the initial appearance must comply with the governing statute and rules.” This is an enormous milestone.

While awaiting this directive, Professor Siegler published an op-ed in USA Today to further educate stakeholders about the crisis and spread nationwide attention and awareness, explaining: “Our [Clinic’s] findings document the shocking number of people denied public defenders at their first bail hearing, which virtually guarantees that they will be jailed rather than released home to their families.” In the wake of these changes, we have been heartened to learn that federal courts that for decades had an entrenched practice of locking defendants in jail without lawyers are now regularly appointing counsel.

The Clinic engaged in additional systemic change efforts to address the broader federal jailing crisis this year, including:

• Widely distributing the Clinic’s template motions for pretrial release via the Westlaw Forms database to ensure that federal criminal defense attorneys have access to effective legal tools.
• The centerpiece of this year’s trainings was a presentation at the Seventh Circuit Judicial Conference, an upcoming panel at the Tenth Circuit Judicial Conference, and a multi-day national bail workshop for Federal Public Defenders.
• Additional speeches included presentations at the National Association of Pretrial Services Agencies 50 th Annual Conference and Training, a presentation at the annual national conference of the American Legislative Exchange Council (ALEC), and a speech at a conference organized by the Honorable Salvador Mendoza of the US Court of Appeals for the Ninth Circuit.

Retroactivity Project

Under Professor Judith Miller’s leadership, FCJC student teams represented four incarcerated clients in motions to have their sentences reduced under the newly passed Amendment 821 to the Sentencing Guidelines. The Sentencing Commission issued the retroactive Amendment in light of new data showing that two components of the Guidelines overstated certain individuals’ risk of recidivism. Under this Amendment, incarcerated individuals can ask the court to reduce their sentences to the low-end of their new, amended Guideline range. Once the court determines that the individual is eligible for a reduction, it applies the usual factors under the sentencing statute, 18 U.S.C. § 3553(a), to determine whether a reduction is warranted.

The FCJC recognized that the Clinic could play an important role by representing clients who might be eligible for release after the change in the law. In this project, Clinic students used their outstanding research, writing, and investigation skills to help individuals in need of counsel push novel legal and factual issues posed by the new Amendment. As of early July 2024, one client has been released, one client’s sentence has been reduced, and two cases are still pending.

Two of the Clinic’s four cases were ultimately uncontested. Of the uncontested cases, our released client is now home with her family, after receiving a twenty-one-month sentence reduction. This was an especially sweet victory as the Clinic had previously represented this client at trial in 2019. In the second case, student advocacy persuaded the government to agree to the reduction. If granted, the motion will reduce our client’s sentence by nearly a year, to his mandatory minimum sentence.

As for the two contested pending cases, both present fascinating and important legal issues. In the first, students successfully persuaded the Court to grant the client an eighteen-month sentence reduction. This victory was an uphill battle. Both Probation and the government initially concluded that the client was ineligible for relief. Students nonetheless persuaded Probation to change its position, and the government then conceded eligibility after reading the students’ motion.

The student team argued that our client’s sentence should be reduced to account for dramatic changes in sentencing law that robbed him of the benefit of his earlier bargain, among other things. Years before we began representing him, our client received an agreed 150-month sentence in exchange for the government dropping additional charges that could have led to a thirty-year mandatory minimum sentence. The student team argued that our client was eligible for relief under a recent Supreme Court case, contrary to the government’s claims. Clinic students extensively researched the legal issues, documented our client’s post-sentencing success in prison, worked closely with our Clinic’s social worker, delved into the social science of age and recidivism, and drafted the motion.

After reading the Clinic’s briefing, the Court quickly concluded that our client deserved a sentence reduction, highlighting the same points the students raised in their briefing. Among other things, the Court observed that our client had obtained jobs requiring “technical expertise and trust,” and “demonstrate[d] a strong network of family and friends who vouch for his character.” The team looks forward to celebrating our client’s freedom once he is released.

The second contested case raises a circuit split over our client’s eligibility for relief in the first place. Our motion argues that Seventh Circuit case law conclusively entitles our client to relief. The § 3553(a) factors likewise support reducing our client’s grossly unfair sentence—he was sentenced twice for the very same conduct. The original federal judge intended for our client to serve a 196-month sentence, but a subsequent state sentence added an unexpected twenty-four months on top of that. Clinic students investigated and documented the double-sentencing, strategized over how to frame the issue, researched the circuit split, and drafted the motion. If the Clinic’s motion is granted, our client will receive a twenty-five-month sentence reduction.

Advocacy in Stash House Cases

FCJC students under Professor Siegler’s supervision partnered with a team led by Professor Erica Zunkel and students in the Criminal and Juvenile Justice Clinic in filing a motion for compassionate release on behalf of a client currently serving a thirty-five-year sentence in a fake stash house case. This case builds on the Clinic’s prior federal impact litigation alleging unconstitutional racial discrimination in stash house cases in the Chicago area. The FCJC previously co-counseled cases on behalf of forty-three clients, nearly all of whom were released with time-served sentences. Additional people ensnared in the Chicago stash house operations were subsequently released thanks to compassionate release litigation led by Professor Zunkel.

Given these prior successes, the Clinics’ current client is one of just two people still serving a decades-long sentence for the stash house operation, which the federal government has now repudiated. He has already served seventeen years in federal prison. We are requesting his immediate release.

The Drugs on the Docket Podcast recently featured two episodes about the FCJC’s contributions to the stash house litigation. In Episode one , Professor Siegler discusses the Clinic’s pretrial litigation and how we ultimately helped shut down this racially discriminatory policing tactic nationwide. In Episode two , Professor Zunkel discusses the subsequent compassionate release litigation she led, which convinced judges to release eight other clients, most of whom were serving twenty-five-year sentences, sparing each approximately ten additional years in prison.