research in case law

7/30/2019 Research in Case Law

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Legal Research with Computer

Atty. Laura C.H. del Rosario


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Case lawrefers to the creation and refinement oflaw in the course of judicial decisions.

It is:

the general term that refers to a great class ofofficial literary manifestations of law

made up of cases decided by persons andagencies of the government performing judicialand quasi-judicial functions


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Judicial decisions provide the secondimportant set of rules,

which have the force and effect of law

consisting of those legal principles emanatingfrom the decisions of courts of justice.


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ARTICLE 8. Judicial decisions applying orinterpreting the laws or the Constitution shall

form part of the legal system of thePhilippines. (R.A. No. 386, New Civil Code)


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Case Law refers to the entire collection ofpublished legal decisions of the courts which,

Because ofStare Decisis, contributes a largepart of the legal rules which apply in modernsociety.


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Stare decisis (from the Latin phrase Staredecisis et non quietamovere, "Maintain what

has been decided and do not alter that whichhas been established")

The legal principle by which judges areobliged to obey the precedents establishedby prior decisions.
http://en.wikipedia.org/wiki/Latinhttp://en.wikipedia.org/wiki/Latin


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A case which establishes legal principles to acertain set of facts, coming to a certain

conclusion, and which is to be followed fromthat point on when similar or identical factsare before a court.

Prevents reinventing the wheel and allowscitizens to have a reasonable expectation ofthe legal solutions which apply to a givensituation.


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The Philippines is a civil law country whereadherence to codified or statutory laws is a

principle. Because of the great influence of American

common law principles, the Philippines alsofollows the doctrine ofstare decisis wherecase laws are important.

Thus, judicial precedents are importantdespite our civil law heritage.


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Case law the legal decisions which weredeveloped and which accompany statutes in

applying the law against situations of fact.

Foreign judgments are not binding in thePhilippine jurisdiction but are persuasive.


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Case law in general may be divided into:

1. Conventional decisions emanate fromregularly or specially constituted courts ofjustice.

2. Subordinate decisions - made in accordancewith law, by administrative and legislativetribunals.


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In particular, case law is classified as follows:

decisions of regular courts of justice; decisions of special courts of justice; decisions of administrative tribunals, decisions of legislative tribunals; rulings of board and commissions; rulings of administrative officers; and opinions of legal officers of the government


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Later, we will discuss how and where tolocate specific case law materials.


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How to be a jurisprude. (One L, Scott

Turow)

The science of law. The actual application of statutes to facts is

left to judges who consider not only thestatute but also other legal rules which mightbe relevant to arrive at a judicial decision.

Jurisprudence has come to refer to case law.


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Often referred to as a case The courts resolution of a legal dispute and

the reasons in support of its resolution When resolving disputes, courts often

interpret constitutional or statutoryprovisions or create law when there is nogoverning law (exceptional cases only)

The body of law that emerges from courtopinions is called the common or case law.


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In the Philippines, Decisions of the Supreme Court,

Court of Appeals, Sandiganbayan, Court of Tax Appeals, Regional Trial Courts, Municipal Trial Courts, Muslim Sharia Court.


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Decisions of commissions and boards withexpress quasi-judicial powers (NLRC, CSC)

Rulings of administrative officers, Opinions of the Office of the President, Opinions of the Secretary of Justice, Opinions of the Solicitor General and

government corporate counsel (OGCC), Opinions of officers of government agencies, Rulings of administrative officers, Rulings of the Court Martial.


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A Court Opinion:

Helps you understand and interpret constitutional

provisions and statutory law; Helps you understand the litigation process;

Provides insight into the structure of legal analysis

and legal argument; and

Provides a guide to proper legal writing.


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A case brief is a written summary of a courtopinion that presents, in an organized

format, all the essential information of theopinion.


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A case brief is valuable because it:

Saves an attorney the time of reading the entire

case Serves as a valuable learning tool

Is a reference tool

Is a writing tool


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Ratio Decidendi reason for deciding or thereason for the decision

Refers to the logic of a ruling the statement of the law applied in deciding

the legal problem raised by the concrete factsof the case

Answers exactly or bulls eye the issue ofthe case


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Obiter Dictum- a remark by the way Any statement of the law that is not an

essential part of the ration decidendi issuperfluous An observation by a judge on a matter not

specifically before the court or not necessaryin determining the issue before the court;

A side opinion which does not form part ofthe judgment (See People v. Macadaeg)


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Consistency similar cases are decided on asimilar basis and are not subject to the whim

of the jduge Certainty lawyers and clients are able to

predict what the outcome of a particular legalquestion is likely to be in the light of previousjudicial decisions


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Efficiency saves the time of the judiciary,lawyers, and their clients since cases do not

have to be re-argued.

Flexibility the various mechanisms of whichthe judges can manipulate the common lawprovide them with an opportunity to developlaw in particular areas without waiting forCongress to enact legislation.


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A judicially created doctrine Exists as an obvious rule of reason, justice,

fairness, expediency, practical necessity, andpublic tranquility. Public policy, judicial orderliness, economy of

judicial time, the interest of litigants, andpeace and order of society all require thatstability should be accorded judgments;


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Controversies once decided on their meritsshall remain in repose

Inconsistent judicial decisions shall not bemade on the same set of facts There should be an end to litigation, which,

without the doctrine ofres judicata, would beendless.

See Ng Po Po, p. 254.


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Case Name Docket Number

The Court The Dates The Ponente Case Synopsis or Summary Name of Counsel The Opinion


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Majority Opinion Per Curiam Opinion

Concurring Opinion Dissenting Opinion Memorandum Opinion En Banc Opinion


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Decision Attestation and Certification


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To serve as a checklist of your research. To provide you with an accessible record of

the fruits of your research after time haserased the memories from your mind. To communicate the results of your research

to someone else.


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A Statement of the Facts A Statement of the Issue/s

A Decision or Holding on the Issue/s A discussion of the Reasoning underlying the

holding.


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Heading Facts

Issues Conclusions Discussion


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Internal and External Memoranda Internal Consistency of Legal Memoranda

Be objective.

Be specific.

Be complete.


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List the resources that you have checked Keep your sentences short and avoid jargon

when possible. All statements about what the law is should

be supported by some primary legalauthority.


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Did I put down all facts that are relevant tomy legal issue as stated, and to my legal

conclusions? Did I state the legal issue clearly? Did I arrive at a definitive conclusion about

the legal issue as applied to my facts?


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Did I state clearly the reasons for myconclusion while presenting all sides of the

legal picture? Did I support my conclusions with primary

legal authority?


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Name of the case Citations

Procedural History Statement of Facts Issue Answer Reasoning Holding


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Facts

Events between the parties leading to thelitigation

How the case came before the court deciding it

Include facts relevant to the issue the court mustdecide and to the reasons for the decision

State who plaintiff and defendant are, basis forsuit, and relief sought.

Include ruling of court a quo and whether CAaffirmed or reversed.


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Issues

The questions the court must decide Identify the rule of law that governs the dispute,

and ask how it should apply to those facts.


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Ruling

Courts decision on the question before it.

Dicta legal statement that does not relate to thequestion before it.


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Relating cases to each other in order tounderstand the applicable area of law and use

the synthesis to analyze the problem facingus.

research in case law

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