Chapter 13

CASE LAW RESEARCH

OUTLINE
1. 2. 3. 4. 5. 6. 7. 8.

Introduction Decision of a Court is its Judgment of a Case Doctrine of Res Judicata Anatomy of a Case Publication of Cases Case Law Citation Case Law Research Case Law Research Technique

Introduction

Case Law Refers to the entire collection of published legal decisions of the courts which, because of Stare Decisis, contributes a large part of the legal rules which apply in modern society. The word jurisprudence has become synonymous with case law.

Introduction

The Philippines is a civil law country where adherence to codified or statutory laws is a principle. However, because of the great influence of the American Common Law principles, the Philippines also follow the Doctrine of Stare Decisis where case laws are important.

Introduction Jurisprudence technically means the science of law. It is the actual application of the statutes to the facts attendant in each case, left to the judges who consider not only the statute but also other legal rules which might be relevant to arrive at a judicial decision.
Court Opinion the courts resolution of a legal dispute and the reasons in support of its resolution.

Introduction
Case Law Proper Case laws in the Philippines are the decisions of the: Supreme Court Court of Appeals Sandiganbayan Court of Tax Appeals Regional Trial Courts Municipal Trial Courts Muslim Sharis Court

Introduction
Subordinate Case Law Decisions of commissions and board with express quasijudicial powers Rulings of administrative officers Opinions of the: Office of the President Secretary of Justice Solicitor General and government corporate counsel Officers of government agencies Rulings of: Administrative Officers Court Martial

Introduction
Why Study Court Opinions: Aid in understanding/interpreting constitutional provisions and statutory law To understand the litigation process Provide insight into the structure of legal analysis and argument As a guide for proper legal writing

Introduction
Case Brief A written summary of a court opinion that presents, in an organized format, all the essential information of the opinion. Case Briefs: Saves an attorney the time of reading the case Serves as a valuable learning tool Is a reference tool Is a writing tool

Decision of a Court is its Judgment of a Case

Only decisions of the Supreme Court establish jurisprudence or doctrines in the Philippine Jurisdiction.

Only the Supreme Court itself could overturn its decision through an En Banc Decision

Decision of a Court is its Judgment of a Case

Doctrine of Stare Decisis Binding Precedent Once a decision on a certain set of facts has been made, the courts will apply that decision in cases which subsequently come before it embodying the same set of facts. Decisions of an equal or higher court shall be followed by the lower courts. Where the precedent is from a lower court, the judge in the new case may not follow but will certainly consider it.

Decision of a Court is its Judgment of a Case

Precedent A case which establishes legal principles to a certain set of facts, coming to a certain conclusion, and which is to be followed from that point on when similar or identical facts are before a court. Only the ratio decidendi of the case forms part of the precedent to be followed under the doctrine of Stare Decisis.

Identifying the Holding of the Case

Contents of a Case Report: Ratio Decidendi the reason for the decision. It answers the issue of the case. Obiter Dictum an observation by a judge on a matter not necessary in determining the issue before the court; a side opinion which does not form part of the judgment for purposes of Stare Decisis.

Identifying the Holding of the Case

Advantages of the Doctrine of Stare Decisis:
Consistency similar cases are decided on a similar basis. Certainty ability to predict the outcome of a particular legal question in light of previous judicial decisions. Efficiency saves time of the judiciary. Flexibility provides judges the opportunity to develop law in particular areas without waiting for Congress to enact legislation. Foreign judgments are not binding in the Philippine Jurisdiction but are Persuasive.

Doctrine of Res Judicata

Judicially created Doctrine. Parties should not be permitted to litigate the same issue more than once. The judgment of the court, so long as it remains unreversed, should be conclusive upon the parties and those in privity in them in law or estate.

Doctrine of Res Judicata

Elements of Res Judicata

The former judgment was final The court which rendered it had jurisdiction over the subject matter and the parties The judgment was on the merits The parties, subject matters and causes of action in the first and second actions are identical.

Doctrine of Res Judicata

Case Name the name or title of a case identifies the parties involved in the action (civil, criminal, or special civil) and it also provides some additional information about the nature of the proceeding. Examples:
Matibag v. Benipayo People v. Cruz Republic v. Cruz In re Matibag In re Juan M Ex parte Cruz Ex rel Matibag Benipayo Et.al.

Chapter 14

CASE BRIEF AND MEMORANDUM

OUTLINE
1. 2. 3. 4. 5.

Importance of Legal Memorandum Elements of a Legal Memorandum Anatomy of a Legal Memorandum Internal and External Memoranda Internal Consistency of Legal Memoranda 6. Additional Points for Legal Researchers 7. How to Prepare a Legal Memorandum 8. How to Prepare a Case Brief 9. Case Brief Form 10. Sample Case Brief

Importance of Legal Memorandum

You will not really know whether your research is done until you try to write it up.

To provide you with an accessible record of the fruits of your research after time has erased the memories from your mind.

Importance of Legal Memorandum

To communicate the results of your research to someone else.

Elements of a Legal Memorandum

Statement of the facts Statement of the issue or issues Decision or holding on the issue or issues Discussion of the reasoning underlying the holding.

Anatomy of a Legal Memorandum

Heading
The heading should identify the author and recipient of the memorandum, and include the date, client identification, and subject matter.

Facts
The Facts portion should list the relevant facts on which you have relied in researching and preparing the memorandum.

Anatomy of a Legal Memorandum

Issues
The Issues portion of the memorandum is crucial. Include elements that are essential to resolution of the issues.

Conclusions
When preparing a legal memorandum, remember that your reader does not want to be kept is suspense.

Anatomy of a Legal Memorandum

Discussion
The discussion section is the heart of the memorandum. It provides the venue for explaining and analyzing the law, and applying it to your facts.

The Classic Formulation

I R A C

State the legal ISSUE.

Determine the applicable legal RULE.

APPLY the legal rule to your facts.

State your CONCLUSION on the legal issue.

Internal and External Memoranda

Internal
Intended solely for ones own use or the use of the law firm

External
Commonly called -briefs

-memoranda of points and authorities

-memoranda of laws

Intended primarily to inform and explain

Intended to persuade

Internal Consistency of Legal Memoranda

Be Objective
The most difficult part of writing a memorandum is remaining unbiased, neutral and objective.

Be Specific Be Complete

Additional Points for Legal Researchers

First
It is usually a good idea to list the resources that you have checked, even if some or many of them did not pan out.

Second
Keep your sentences short and avoid jargons when possible.

Third
All statements about what the law is should be supported by some primary legal authority, such as statutes, regulations, cases or ordinances.

How to Prepare a Legal Memorandum Checklist for effective memoranda writing

Did

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

Did I state the legal issue clearly?

Did I arrive at a definite conclusion about the legal issue as applied to my facts?

How to Prepare a Legal Memorandum Checklist for effective memoranda writing

Did I state clearly the reasons for my conclusion

while presenting all sides of the legal picture?

Did I support my conclusions with primary legal

authority?

How to Prepare a Case Brief Most common elements to be included in a case brief

Name of the case Citations Procedural History Statements of Facts Issue Answer Reasoning Holding