Scribd
Upload
3 views3 pages

For Scribe

The document outlines the importance of case law research, emphasizing its role in providing legal precedents and strengthening legal arguments. It details steps for effective research, including understanding the case context, using reliable platforms, conducting keyword searches, and analyzing cases. Additionally, it offers tools for research and tips for maintaining effective practices, along with an example workflow for researching a specific legal issue.

Uploaded by

advpiyushdevoffice
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
3 views3 pages

For Scribe

The document outlines the importance of case law research, emphasizing its role in providing legal precedents and strengthening legal arguments. It details steps for effective research, including understanding the case context, using reliable platforms, conducting keyword searches, and analyzing cases. Additionally, it offers tools for research and tips for maintaining effective practices, along with an example workflow for researching a specific legal issue.

Uploaded by

advpiyushdevoffice
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 3

Notes on How to Research Case Laws

1. Importance of Case Law Research

 Provides legal precedents and interpretations.


 Strengthens arguments in legal writing and court appearances.
 Helps understand the evolution of laws.

2. Steps for Researching Case Laws

a) Understand the Case Context

 Identify the legal issue(s) involved.


 Determine the jurisdiction (e.g., Supreme Court, High Court, etc.).
 Know the relevant statutes or laws related to the issue.

b) Identify Keywords and Legal Terms

 Use precise legal terms or phrases related to the issue.


Example: For breach of contract, keywords might include anticipatory breach, specific
performance, damages.

c) Use Reliable Research Platforms

 Online Legal Databases:


o Indian Sources: SCC Online, Manupatra, Indian Kanoon, Bar & Bench.
o Global Sources: Westlaw, LexisNexis, HeinOnline.
 Official Court Websites: Access free judgments and orders.

d) Conduct a Keyword Search

 Use Boolean operators for precise results:


o AND: Combines terms (e.g., "contract AND breach").
o OR: Broadens the search (e.g., "contract OR agreement").
o NOT: Excludes terms (e.g., "breach NOT criminal")
o Quotations: Search for exact phrases (e.g., "natural justice").

e) Narrow Down Results

 Filter by:
o Jurisdiction: Specific courts or regions.
o Timeframe: Recent judgments for relevance.
o Citations: Prioritize frequently cited cases.

f) Analyze the Case

 Read the full judgment, focusing on:


o Facts: What happened?
o Issues: What were the legal questions?
o Reasoning: How did the court justify its decision?
o Ruling: What was the final decision?
o Obiter Dicta: Judge’s observations that are not binding but persuasive.

g) Verify the Authority of the Case

 Check if the case is:


o Good Law: Not overruled or reversed.
o Cited in Recent Judgments: Shows its applicability.

h) Organize and Record Findings

 Maintain a research log or case summary document.


o Case name, citation, court, key points, and relevance.

3. Tools for Case Law Research

a) Online Legal Databases

 SCC Online: Indian judgments and journals.


 Manupatra: Comprehensive Indian and international legal database.
 LexisNexis/Westlaw: Global case law and statutory research.
 Indian Kanoon: Free platform for Indian case law.

b) Court Websites

 Direct access to case records from Supreme Court or High Courts.

c) Books and Journals

 Refer to commentaries on specific laws.


 Use legal digests for summarized case laws.

4. Tips for Effective Research

1. Clarify Objectives: Know what you’re looking for (e.g., a landmark case, recent ruling).
2. Stay Updated: Follow recent judgments to track changes in law.
3. Cite Properly: Always use correct legal citations in your research.
4. Collaborate: Discuss with peers or mentors for different perspectives.
5. Cross-Reference: Compare cases across jurisdictions for a comprehensive view.

5. Example Workflow

Issue: Whether an agreement without consideration is valid.


1. Identify Statute: Refer to Section 25 of the Indian Contract Act, 1872.
2. Search Keywords: "agreement without consideration" or "exceptions under Section 25".
3. Filter Results: Focus on Supreme Court and High Court judgments.
4. Analyze Case: Read Chinnaya vs. Ramayya (1882) and similar cases.
5. Record Key Points:
o Principle: Consideration is essential unless exceptions apply.
o Relevant Cases: Add case names with citations.

Would you like help summarizing key judgments for a particular legal issue?

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy