How to Read a Court Judgment and Write a Case Brief

To read a judgment efficiently, first find the facts, the legal questions the court had to answer and the final order. Then read the reasoning to identify the ratio decidendi, the principle of law on which the decision rests, and separate it from obiter dicta, the remarks made in passing. A case brief records these elements on one page so you can revise and cite the case quickly.

Many law students find their first judgments hard going. Some run to hundreds of paragraphs, quote other cases at length and use unfamiliar language. With a method, though, you can pull out what matters in a fraction of the time.

What are the parts of a judgment?

• Cause title: the names of the parties, the court, the case number and the date.
• Bench: the judge or judges who heard the case. Note whether any judge wrote a separate or dissenting opinion.
• Facts: what happened and how the case reached this court.
• Issues: the questions of law or fact the court decides.
• Arguments: what each side said.
• Reasoning: how the court analysed the law and the facts.
• Decision or order: whether the appeal or petition was allowed or dismissed, and any directions.

A five-step reading method

1. Read the headnote or summary, if there is one, but do not rely on it. Headnotes in law reports are written by editors, not by the court.
2. Jump to the end. Read the last few paragraphs to learn the outcome. Knowing where the judgment ends makes the reasoning easier to follow.
3. Go back to the facts and issues. Many judges frame the issues in a numbered list. If not, write them down yourself.
4. Read the reasoning carefully. Mark the sentences where the court states a rule and applies it. These usually contain the ratio.
5. Skim the long quotations. When the court quotes an earlier case, read enough to see why, then move on.

Ratio decidendi and obiter dicta

The ratio decidendi is the legal principle necessary for the decision. Under Article 141 of the Constitution, the law declared by the Supreme Court is binding on all courts in India, and it is the ratio that binds. Obiter dicta are observations that were not necessary to decide the case. They can be persuasive, especially from the Supreme Court, but they are not binding in the same way.

A simple test: ask whether the outcome would change if the statement were removed. If the answer is yes, the statement is probably part of the ratio.

How to write a case brief

Keep each brief to one page. Use the same headings every time so your briefs are easy to compare:

• Name and citation
• Court and bench
• Facts in four or five lines
• Issues as questions
• Held: the answer to each issue
• Reasoning in short points
• Ratio in one or two sentences
• Comment: your own view, or how the case connects to others you have read

Where to find judgments

The Supreme Court publishes its judgments on its website, and High Courts publish theirs. The eCourts services portal gives case status and orders from district courts. Law reports and databases in the college library contain edited judgments with headnotes. Always try to read the full text of an important case from an official source before citing it.

Common mistakes students make

• Copying the headnote instead of reading the judgment.
• Treating every sentence written by a judge as binding law.
• Missing a dissent, which may later become the majority view.
• Not checking whether the case has since been overruled or distinguished.

Sources

• Supreme Court of India: judgments.
• eCourts Services: case status and orders.
• India Code: Constitution of India, Article 141.

See also judgment writing and the college library.