Chapter 14 - LegRes(1)

Chapter 13Chapter 13CASE LAW RESEARCHCASE LAW RESEARCH

1. Introduction2. Decision of a Court is its Judgment of a Case3. Doctrine of Res Judicata4. Anatomy of a Case5. Publication of Cases6. Case Law Citation7. Case Law Research8. Case Law Research Technique

OUTLINE .

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.

IntroductionThe 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.

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 court’s resolution of a legal dispute and the reasons in support of its resolution.

Introduction

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 Shari’s Court

Subordinate Case Law – • Decisions of commissions and board with express quasi-judicial 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

Introduction

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

PrecedentA 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.

Decision of a Court is its Judgment of a Case

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.

• 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.

Identifying the Holding of the Case

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.

Doctrine of Res Judicata

Examples:Matibag v. BenipayoPeople v. CruzRepublic v. CruzIn re MatibagIn re Juan MEx parte CruzEx rel MatibagBenipayo Et.al.

Chapter 14Chapter 14CASE BRIEF AND MEMORANDUMCASE BRIEF AND MEMORANDUMOUTLINE . 1. Importance of Legal Memorandum2. Elements of a Legal Memorandum3. Anatomy of a Legal Memorandum4. Internal and External Memoranda5. Internal Consistency of

Legal Memoranda6. Additional Points for Legal Researchers7. How to Prepare a Legal Memorandum8. How to Prepare a Case Brief9. Case Brief Form10.Sample Case Brief

Importance of Legal MemorandumImportance 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 MemorandumImportance of Legal Memorandum To communicate the results of your

research to someone else.

Elements of a Legal MemorandumElements 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 MemorandumHeadingHeading

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

FactsFactsThe Facts portion should list the relevant facts

on which you have relied in researching and preparing the memorandum.

Anatomy of a Legal MemorandumIssuesIssues

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

ConclusionsConclusionsWhen preparing a legal memorandum,

remember that your reader does not want to be kept is suspense.

Anatomy of a Legal MemorandumDiscussionDiscussion

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

Internal and External Memoranda

Internal Consistency of Legal Memoranda Be ObjectiveBe Objective

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

Be SpecificBe Specific

Be CompleteBe Complete

Additional Points for Legal Researchers

How to Prepare a Legal MemorandumChecklist 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 MemorandumChecklist 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 BriefMost common elements to be included in a case brief

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