case law, decisions, judgements, decree, fact, circumstances, questions, approach, precedents, stare decisis

1. CASE LAW
KANNAN KUNNATHULLY
Assistant Professor

2. INTRODUCTION
 APPROACH TO THE CASE READING
WHILE ANALYSING THE CASE, THE FOLLOWING
ARE VERY MUCH RELEVANT
THIS WILL GIVE AN BETTER UNDERSTANDING OF THE
CASE WHICH IS READ BY ANY.

3. Ask questions
 On a given point, ask as many question and try to
find answers to it.
 It will bring clarity, depth of knowledge and
relevant to understand the case in toto.
 Why, How, Who, What, When, Where, Which,
Whether, What, Did, etc
 Each such questions will open different dimensions
of the cases.

4. EXERCISE
 IDENTIFY THE COURT
 IDENTIFY THE PARTIES (PETITIONER/RESPONDENT)
 IDENTIFY THE FACTS IMPORTANT TO THE PETITIONER/PLAINTIFF
 ARRANGE THE FACTS IN THE CRONOLOGICAL ORDER
 FACTS IMPORTANT TO THE RESPONDENT/DEFENDANT
 CLAIM OF THE PLAINTIFF
 RELIEF SOUGHT BY THE PLAINTIFF
 IDENTIFY THE APPLICABLE LAWS
 ISSUES FRAMED
 LEGAL BASIS OF PLAINTIFF’S CASE
 LEGAL BASIS OF DEFENDANT’S CASE
 WHETHER THE CLAIM OF THE PLAINTIFF AND THE DEFENDANT
ARE SUCCESSIVE OR ALTERNATIVE.

5. IDENTIFY THE COURT
 THIS IS IMPORTANT TO CHECK WHETHER THE
COURT HAS THE COMPETENCE TO ADJUDICATE
THE MATTER
 DETERMINE THE JURISDICTION OF THE COURT
 FORM SHOPPING,
 Identify the nature of the case (original
jurisdiction, Appeal, Review, Revision, Writ,
Tribunals etc)

6. IDENTIFY THE PARTIES
 TO CHECK WHETHER THEY ARE THE RIGHT PARTIES
 IN THE EVENT OF WRONG PARTIES THE CLAIM WILL FAIL.
IT IS BAD BY LAW.
 THE QUESTION OF JOINTER, NON JOINTER and
MISJOINTER MAY ARISE
 Whether the appellant the original petitioner (or the
respondent in the lower court case).
 Whether the petitioner/respondent is the state,
individual or other entity.

7. IDENTIFY THE FACTS IMPORTANT TO
THE PETITIONER/PLAINTIFF
 THE PETITIONER/PLAINTIFF INITIATE THE CASE.
 AS A GENERAL RULE, THE FUTURE OF THE CASE (THE
STRENGTH AND WEAKNESS) DEPENDS ON THE
PLAINTIFF’S CASE
 Respondent/ defendants set of facts may differ
from petitioner/plaintiff case. (this means there is
a conflict in the fact itself rather that the conflict
in the law applied and interpreted).

8. ARRANGE THE FACTS IN THE
CRONOLOGICAL ORDER
FOR THE BENEFIT OF REFERENCE
MARKING OF EVIDENCE
RELEVANCE OF THE EVIDENCES, to apply
evidence law.
The check the weightage of the law.

9. FACTS IMPORTANT TO THE
RESPONDENT/DEFENDANT
 THE POINT OF VIEW , FROM WHICH THE
DEFENDANT APPROACH THE CASE MAY BE
DIFFERENT
 THE ORDER AND THE ARRANGMENT OF THE
EVIDENCE MAY HAVE CHANGE
 RESPONDENT CASE MAY BE DIFFERENT FROM
THE PETITIONER’S CASE

10. CLAIM OF THE PLAINTIFF
 BASICALLY THE PRAYER IN A PLAINT OR THE
PETITION
 THE SUCCESS OF THE CASE OF THE PLAINTIFF
DEPENDENTS ON THE CLAIM
 A BAD CLAIM IS AS BAD AS LOOSING A CASE
(SUIT AND CLAIM BECOMES INFRUCTUS)
EG:- in civil case, a declaration suit only has a
injunction prayer. It must definitely have
declaration payer as well.

11. RELIEF SOUGHT BY THE PLAINTIFF
THIS IS THE RELIEF SOUGHT BY THE
PLAINTIFF/RESPONDENT
BASED ON THE LEGAL REMEDIES
AVAILABLE
DAMAGES, SPECIFIC RELIEF, PENALTIES
ETC

12. ISSUES FRAMED
 FROM THE FACTS, THE FACTS WHICH ARE IN
CONFLICT WILL BE IDENTIFIED
 THIS IS CALLED AS FACT IN ISSUE
 ONE THE FACT IN ISSUE ARE IDENTIFIED, THE
ISSUES CAN BE FRAMED
 THIS IS THE MOST RELEVANT PART IN THE
CASE
 THE OUTCOME OF THE CASE DEPENDS ON
THE ISSUES WHICH ARE FRAMED ON THE
SUGGESTION OF THE PARTIES

13. IDENTIFY THE APPLICABLE LAWS
 THIS CAN BE SUGGESTED BY THE PARTIES
 IN THE JUDICAIL PROCESS, IT IS THE DUTY OF
THE JUDGE TO IDENTIFY THE RIGHT LAW
APPLICABLE
 THIS INCLUDES ALL SOURCES OF LAW
 LAW, CUSTOM, PRECEDENT, JURISTIC OPINION,
FOREIGN LAW, JURISPRIDENCE AND PRINCIPLES

14. LEGAL BASIS OF PLAINTIFF’S CASE
THE LAW POINT FROM THE PLAINTIFF
MAY BE THE GENERAL LAW WHICH ARE
APPLICABLE.
THE PRINCIPLES AND HISTORICAL
BACKGROUND APPLICABLE BASED ON
WHICH THE PLAINTIFF BUILD THE CASE
SHALL BE DETERMINED

15. LEGAL BASIS OF DEFENDANT’S CASE
 THERE MAY BE A CHANGE IN THE FACT
 THIS WILL CHANGE THE POSITION OF LAW
USED BY THE PLAINTIFF.
 FACTS CONTESTED AND DISPUTED
 THERE MAY BE A CHANGE IN LAW
APPLICABLE
 THE APPLIED LAW POINT MAY BE CONTESTED
AND DISPUTED

16. WHETHER THE CLAIM OF THE PLAINTIFF
AND THE DEFENDANT ARE SUCCESSIVE OR
ALTERNATIVE.
WHETHER THE CLAIM MADE BY THE
PLAINTIFF IS CONTINUED BY THE
DEFENDANT
AN ALTERNATIVE CLAIM IS MADE BY
THE DEFENDANT

17. CIRCUMSTANCES
 A GOOD LAWYER ALWAYS LOOK INTO THE CIRCUMSTANCE
OF THE CASE
 THIS INCLUDES
 The period in which the case was files
 The duration of the entire proceedings
 The date of the judgement/decree or order
 EG- in Maneka Gandhi case, Mrs Indira Gandhi (mother in law of
the petitioner) was the Prime Minister and Maneka Gandhi is the
daughter in law of Mrs Indira Gandhi. All these circumstance are
relevant in the case.

18. Thank you