1 00:00:01,160 --> 00:00:03,090 You have reached the end of a judgment, 2 00:00:03,100 --> 00:00:06,190 and you still cannot explain why the court 3 00:00:06,200 --> 00:00:09,450 decided the case. More highlighting probably will not 4 00:00:09,460 --> 00:00:13,220 solve that. Try reading with three different questions, 5 00:00:13,600 --> 00:00:15,760 then make a brief you can actually use. 6 00:00:16,440 --> 00:00:18,000 First, get your bearings. 7 00:00:18,660 --> 00:00:20,900 Which court is this? Who are the parties? 8 00:00:21,380 --> 00:00:23,400 What happened before this hearing? 9 00:00:23,900 --> 00:00:26,870 What legal question is being decided, and what 10 00:00:26,880 --> 00:00:29,620 is the result? These are separate boxes. 11 00:00:30,100 --> 00:00:32,020 Winning the appeal tells you the outcome; 12 00:00:32,340 --> 00:00:34,820 it does not, by itself, explain the reasoning. 13 00:00:35,720 --> 00:00:38,590 Here is an original fictional teaching extract, not 14 00:00:38,600 --> 00:00:40,000 a real case you can cite. 15 00:00:40,720 --> 00:00:41,700 A review panel says: 16 00:00:42,140 --> 00:00:44,650 a request was rejected because it arrived after 17 00:00:44,660 --> 00:00:47,970 the deadline; the published procedure allowed extra time 18 00:00:47,980 --> 00:00:49,880 where a specified condition was met; 19 00:00:50,260 --> 00:00:52,420 the panel had not considered that condition; 20 00:00:52,840 --> 00:00:55,010 the rejection must therefore be reconsidered. 21 00:00:55,020 --> 00:00:58,830 Notice the difference. 'The request was rejected' is 22 00:00:58,840 --> 00:01:02,290 background. 'The rejection must therefore be reconsidered' is 23 00:01:02,300 --> 00:01:05,790 the result. The reasoning connects the overlooked condition 24 00:01:05,800 --> 00:01:07,660 to the need for another decision. 25 00:01:08,140 --> 00:01:11,620 We are practising a reading method, not stating a rule of UK law. 26 00:01:12,360 --> 00:01:14,120 Second, follow that connection. 27 00:01:14,760 --> 00:01:16,820 What proposition did the decision depend on? 28 00:01:17,180 --> 00:01:19,320 Which facts mattered to that proposition? 29 00:01:20,100 --> 00:01:22,410 Write the reasoning in your own words, and 30 00:01:22,420 --> 00:01:24,270 keep the paragraph reference beside it. 31 00:01:24,280 --> 00:01:27,150 If you cannot explain the connection, return to 32 00:01:27,160 --> 00:01:29,880 the passage rather than collecting another quotation. 33 00:01:30,980 --> 00:01:33,960 Third, retrieve the details your task actually needs. 34 00:01:34,400 --> 00:01:36,610 A seminar on procedure may need a different 35 00:01:36,620 --> 00:01:38,500 passage from an essay about the remedy. 36 00:01:39,240 --> 00:01:41,970 Do not assume every sentence deserves equal space 37 00:01:41,980 --> 00:01:45,090 in your notes. Read the assigned material and 38 00:01:45,100 --> 00:01:46,830 follow the purpose of your course task. 39 00:01:46,840 --> 00:01:49,700 Now create a five-box brief: 40 00:01:50,440 --> 00:01:54,630 issue, material facts, decision, reasoning, and relevance to 41 00:01:54,640 --> 00:01:57,970 your topic. Add procedural history or disagreement when 42 00:01:57,980 --> 00:02:00,730 it matters. A short first version is a 43 00:02:00,740 --> 00:02:04,440 discipline, not a rule that every complex judgment fits half a page. 44 00:02:05,280 --> 00:02:08,910 Your turn. Which of those five boxes contains 45 00:02:08,920 --> 00:02:11,340 'the rejection must be reconsidered'? 46 00:02:11,760 --> 00:02:12,980 Pause before answering. 47 00:02:17,460 --> 00:02:19,620 It belongs in the decision box. 48 00:02:19,920 --> 00:02:22,200 Explaining why belongs in reasoning. 49 00:02:23,240 --> 00:02:25,390 For a real authority, check the original judgment 50 00:02:25,400 --> 00:02:26,940 and your course materials. 51 00:02:27,620 --> 00:02:30,330 Multiple judgments and later treatment can complicate the 52 00:02:30,340 --> 00:02:32,980 ratio. Use the brief to guide your reading, 53 00:02:33,100 --> 00:02:36,360 not replace it. The free case-reading guide is linked below.