2
I Introduction
This material provides a framework and guidance for writing case notes and case
comments. The case note is the simplest, shortest, most descriptive account of a
case, the comment sets it in context, explains its significance and critiques it. It
uses discursive argument to synthesise a wider body of material to establish a
position on some law-related point. Case notes are short pieces of writing of
between 300-800 words. Case comments are pieces of around 2000 – 3000
words. The writing of case notes tends to follow a specific pattern. In contrasts,
there is no one “correct” way to write a case comment. There are certain
guidelines that can be followed. In so far as it relates to case comments this
material is not therefore intended to be formulaic but it is provided as an initial
framework for those interested in this form of legal writing.
This contrasts to case note and case comment writing in the USA where some law
schools have established a format for authoring case notes and case comments for
submission to their journals. Whilst in the US the structure is not strictly required it
is strongly encouraged. Case notes, which in the US are longer commentaries of up
to 10,000 - 17,000 words on a judicial decision, exist along side shorter case
comments which can be between 5000-7,000. US style case notes consist of Part I
which sets out the legal back ground to the case; Part II explains the problem or
issues, it can examine previous case law and the impact of the case on that existing
law or look for gaps in existing legislation; Part III considers a solution to the issues
identified in the earlier part. This is followed by a conclusion. The aim is to provide a
resource for legal professionals and others working amidst the pressures of legal life
in practice: see for example 2014-2015 Publishable Notes Manual, Columbia Law
Review, page 5: http://columbialawreview.org/wp-
content/uploads/2014/09/2014-2015-Publishable-Notes-Manual.pdf . Date
accessed 29 September 2015.
Similarly for competitive student case comment writing a formula is set, but authors
are not required to stick to it: 1. Facts of the case 2. Holding 3. Road map explaining
structure of the comment 4. Analysis 5. Conclusion: see Georgetown Law 2015
Write On Competition Instructions:
https://www.law.georgetown.edu/academics/law-journals/writeon/upload/2015-
Write-On-Competition-Instructions.pdf. Date accessed 29 September 2015.
See also Note Submissions for the Stanford Law Review:
http://www.stanfordlawreview.org/submissions/print/note date accessed 29
September 2015.
And Harvard Law Review: see http://harvardlawreview.org/about/ date accessed
29 September 2015.