Case Law Analysis

​Learning Objectives

• ​Analyze landmark cases and judicial precedents to evaluate their broader impact on international legal frameworks.

• ​Engage in critical discussion by questioning judicial reasoning, deconstructing dissenting opinions, and weighing legal principles.

Grammar Focus

​Advanced Passive Structures with Reporting Verbs

​Used to maintain objective distance and present case facts or judicial findings from an impartial perspective.

• ​It-Structures: It was held that…, It is widely alleged that…, It has been established that… (e.g., “It was held that the manufacturer owed a duty of care to the ultimate consumer.”).

• ​Subject-Structures: The defendant is said to have…, The statute is deemed to be… (e.g., “The company was deemed to have acted in bad faith.”).

Core Vocabulary

​Judicial Principles & Precedent

• ​Precedent

• ​Stare decisis

• ​Ratio decidendi

• ​Obiter dicta

• ​Landmark case

• ​Binding authority

• ​Persuasive authority

​The Analytical Process

• ​To uphold a decision

• ​To overturn / reverse a ruling

• ​To distinguish a case

• ​To dismiss (an appeal, a case)

​Case Components & Opinions

• ​Material facts

• ​Holding

• ​Dissenting opinion

• ​Concurring opinion

• ​Legal reasoning

Phrases for Critical Discussion

• ​The court reasoned that…

• ​The central issue before the court was…

• ​This case is clearly distinguishable from…