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HOW TO READ A CASE REPORT

HOW TO READ A CASE REPORT. All report series use the same basic format and present information in the same manner. 1. Style of Cause. This is the title of the case. It names the plaintiff (person suing) first, then the defendant (person sued), or in an appeal, appellant first.

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HOW TO READ A CASE REPORT

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  1. HOW TO READ A CASE REPORT All report series use the same basic format and present information in the same manner.

  2. 1. Style of Cause • This is the title of the case. It names the plaintiff (person suing) first, then the defendant (person sued), or in an appeal, appellant first. • The “v” stands for “versus” but in legalese is pronounced “and”. • Example: Ryan et al. v. Hickson et al.

  3. 2. Name of the Court • The name of the court is always given. • (Ontario High Court)

  4. 3. The presiding Judge or Judges are listed • “J” stands for “Mr. or Madame Justice” and is not the initial of the Judge’s name. • (Mr. Justice Goodman)

  5. 4. The Date • The date is the date the judge wrote his or her judgment. It need not correspond to the date of the trial or of the report volume. • (September 30, 1974)

  6. 5. The Catchwords or Keywords • These indicate in standard terms the areas of law that the case is about and often act as headings for a subject index.

  7. 6. Headnotes • Headnotes are written by the editorial staff of the company that publishes the report series. • These notes are the editor’s precis of the full text of the decision.

  8. 7. Cases Considered • Cases considered by the court in deciding the case listed and their citations given. Sometimes the list will indicate how the court used them. Example: “refd to” means “refered to”).

  9. 8. History of the Action The history of the action explains the nature of the case • Here (on the handout) it is an action for damages, ie. monetary compensation) • The results of any previous hearings are also shown

  10. 9. Lawyers • The lawyers who represented the parties at trial are named. Barry McDougall, J. Daly, and W. Bark Q. C.

  11. 10. Judgment • The judgment (the judge’s decision) is reproduced in full. • An appeal is heard by several judges and more than one may choose to write an opinion (those who don’t will sign one of the other’s). • All opinions will be reported, prefaced by the name of the judge writing the opinion.

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