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9 - Reading cases

Published online by Cambridge University Press:  05 June 2012

William Twining
Affiliation:
University of London
David Miers
Affiliation:
Cardiff University
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Summary

Reading cases: what? why? how?

In ordinary legal usage the word ‘case’ is ambiguous. We talk of ‘reading cases’, ‘citing cases’, ‘bringing cases’, ‘having a good case’, ‘winning cases’, ‘submitting no case to answer’ and so on. To bring a case against someone means to institute legal proceedings against him; to ask ‘have I a good case?’ probably means ‘have I a good chance of winning in legal proceedings?’. When we talk of looking up, citing or reading a case we are talking about a kind of document. Similarly in talking of interpreting cases it is helpful to think in terms of interpreting the rather specialised kind of document typically to be found in the law reports. For our purpose it is useful to adopt, with slight modification, the following definition:

A case is the written memorandum of a dispute or controversy between persons, telling with varying degrees of completeness and of accuracy, what happened, what each of the parties did about it, what some supposedly impartial judge or other tribunal did in the way of bringing the dispute or controversy to an end, and the avowed reasons of the judge or tribunal for doing what was done.

This definition identifies the principal ingredients with which we are concerned when interpreting cases, namely a written report, of a dispute between legal persons, which came before a court (or other tribunal).

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2010

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References

Montrose, J., ‘The Language of, and a Notation for, the Doctrine of Precedent’, Northern Ireland Legal Quarterly, 25 (1974), 246Google Scholar
Grover, C. and Soothill, K., ‘Bigamy: Neither Love nor Marriage, But a Threat to the Nation?’, Sociological Review, 47 (2001), 332.CrossRefGoogle Scholar
Llewellyn, K., Encyclopedia of Social Sciences (1931), vol. 3, p. 449
Paterson, A., ‘Lord Reid's Unnoticed Legacy – A Jurisprudence of Overruling’, Oxford Journal of Legal Studies, 1 (1981), 288CrossRefGoogle Scholar
Mattis, T., ‘Stare Decisis within Michigan's Court of Appeals: Precedential Effect of its Decisions on the Court Itself and on Michigan Trial Courts’ (Wayne Law Review, 37 (1991), 265).Google Scholar
Goodhart, A., ‘Determining the Ratio Decidendi of a Case’, Yale Law Journal, 40 (1930), 161CrossRefGoogle Scholar
The Ratio Decidendi of a Case’, Modern Law Review, 22 (1959), 117.CrossRef

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  • Reading cases
  • William Twining, University of London, David Miers, Cardiff University
  • Book: How to Do Things with Rules
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511844959.011
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  • Reading cases
  • William Twining, University of London, David Miers, Cardiff University
  • Book: How to Do Things with Rules
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511844959.011
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Reading cases
  • William Twining, University of London, David Miers, Cardiff University
  • Book: How to Do Things with Rules
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511844959.011
Available formats
×