Get Homework/Assignment Done

Download as pdf or txt
Download as pdf or txt
You are on page 1of 7

Get Homework/Assignment Done

Homeworkping.com
Homework Help
https://www.homeworkping.com/

Research Paper help


https://www.homeworkping.com/

Online Tutoring
https://www.homeworkping.com/

click here for freelancing tutoring sites


• The fact section of a good student brief will include the following elements:
• A one-sentence description of the nature of the case, to serve as an
introduction.
• A statement of the relevant law, with quotation marks or underlining to draw
attention to the key words or phrases that are in dispute.
• A summary of the complaint (in a civil case) or the indictment (in a criminal
case)
plus relevant evidence and arguments presented in court to explain who
did what to whom and why the case was thought to involve illegal
conduct.
• A summary of actions taken by the lower courts, for example: defendant
convicted; conviction upheld by appellate court; Supreme Court granted
certiorari.



• Here's what I've been doing in Law School when they give so many cases to read.
1. Read them all.
2. Digest the cases. Summarise it into facts, issues (usually the question on the law) and the
decision of the Supreme Court.
3. Put all of them into a table arranged according to the topics where they belong.

On the first column put in there the title of the case (surnames of the opposing parties will
suffice).

On the second column a brief summary (one sentence, if you will).

On the third column, put there the question of law most relevant to the topic.

And on the last column, the decision of the Supreme Court. Did the court decided in the
positive or on the negative on the question? Include the bases of that decision.

In this way, you will have a comparative overview on all cases you have studied.
• 5 years ago
• Report Abuse
0% 0 Votes
• 0 Rating: Good Answer
• 0 Rating: Bad Answer

gianna
make a short digest(summary) of the case and think of key phrases or words for that case. sort the
cases by topics/subjects so it is easier to recall the titles of the cases. in law school, we were
provided with a syllabus per subject and in the syllabus there are titles of cases udner each topic.
what i did was write short phrases beside the titles to remind me of the doctrine of each case and
what the case is about. it then becomes my mini-reviewer. the night before the exam, or even hours
before the exam, i just read the syllabus (with my notes).
• 5 years ago

TIPS ON HOW TO DIGEST CASES


18MAY
Law Students are confronted with piles of cases to digest in addition to the law books they are
required to read. Some, especially first year students, are having difficulty on how to do so. They
have no idea what a case digest is in the first place, even where to locate the copy of the cases also.
Hence, here are some tips on how to make your digestion of cases efficient, without much time to
consume.

1. HAVE A COPY OF THE FULL TEXT OF THE CASE.

Because of modernized technology, it has been easier for us to search the web when we want to
locate something. For the full text of cases, the best source in the internet you may visit is
lawphil.net, highly recommended, it’s frequently used actually among law students, or, you may
just visit your law library and search for the SCRA number given.
Once you have it, make sure it is really the case you are looking for. Check the title and
importantly, the date because some cases may have the same title but different dates. Watch out!

2. MAKE A SCAN OF THE PAGES

Before you start, prepare your notes, pen, and your highlighter.
You may not read it directly, instead, allow yourself to get familiar with it, don’t cram or panic
thinking of many cases to read. Read the title, the first page of it and you may proceed with the last
page regarding the ruling of the Supreme Court. Once you have an idea what the case is all about,
read the whole case for your better understanding.

3. MAKE SURE YOU KNOW UNDER WHAT LAW SUBJECT IS THE CASE YOU ARE
READING

Sometimes, first timers are not sure of what they are doing, or what to do with the case. Bear in
mind that even before you read the case, you should know under what doctrine or principle of law
the case is about. So that after reading, you may relate the case to said doctrine or principle. With
this, you may have a better grasp of the case when you yourself can formulate the main issue of the
case not just referring with what is mentioned. This is because cases may have many issues, but
focus on what is related with the doctrine or principle of law.

4. TAKE A NOTE

Read with your heart, I mean your interest should be on the paper you are reading. Focus!
Otherwise, you may find yourself reading the case again and again, though that usually happens to
first timers. It would require mastery also.
Well, I am pretty sure you make use of your highlighter and your pen while reading. I advise you to
have a printed copy of the case, not just reading it over a monitor of a computer, so that you may
write unto it whatever remarks you have in mind. It helps! You are at liberty to do so. Your notes
would remind you which part is important, and it’s easy when you start writing your digest.

Done reading! Start writing your digest of the case. Digest is like
a summary of the case about the facts, the issue/s, and the
ruling. Enjoy what you are doing! =)
A case digest or a case brief is a written summary of the case. A case sometimes involves
several issues. Digesting the same would help the student in separating one issue from
another and understanding how the Court resolved the issues in the case. The student
does not need to discuss all the issues decided in the case in his case digest. He only
needs to focus on the relevant issue or the issue related to the subject that he is taking. A
case digest may also serve as a useful study aid for class discussions and exams. A
student who has a case digest does not need to go back to the case in order to remember
what he has read.

Format of the Case Digest

I. Caption. This includes the title of the case, the date it was decided, and citation. Include
also the petitioner, respondent, and the ponente.

II. Facts. There is no need to include all the facts. Just include those that are relevant to
the subject.

III. Issues. Include only those that are relevant. Issues are usually framed in the form of
questions that are answerable by "yes" or "no," for example, "Is the contract void?"
Sometimes, students frame the question by starting it with the word "whether," for
example, "Whether the contract is void" or "Whether or not the contract is void." The
answer to the question has to be answered in the ruling.

IV. Ruling. This usually starts with a "yes" or a "no." This is the answer to the question/s
involving the issue. After the categorical yes/no answer, the reason for the decision will be
explained.

V. Concurring and Dissenting Opinions. This part is optional, but it would help to
include them because there are professors who ask for separate opinions in recitations.

Sample Case Digest

DOMINGO VS. COURT OF APPEALS


226 SCRA 572
Petitioner: Roberto Domingo
Respondents: Court of Appeals and Delia Soledad Avera
Ponente: J. Romero

FACTS:

On May 29, 1991, private respondent Delia Soledad A. Domingo filed the petition entitled
"Declaration of Nullity of Marriage and Separation of Property" against Roberto Domingo.
The petition, which was filed before Pasig RTC, alleged the following:

(a) they were married on November 29, 1976;

(b) unknown to her (Delia), he had a previous marriage with Emerina dela Paz on April 25,
1969 which marriage is valid and still existing;

(c) she came to know of the prior marriage only sometime in 1983 when Emerina sued
them for bigamy;

(d) since 1979, she has been working in Saudi Arabia and is only able to stay in the
Philippines when she would avail of the one-month annual vacation leave granted by her
employer;
(e) Roberto has been unemployed and completely dependent upon her for support and
subsistence;

(f) Her personal properties amounting to P350,000.00 are under the possession of
Roberto, who disposed some of the said properties without her knowledge and consent;

(g) while on her vacation, she discovered that he was cohabiting with another woman.

Petitioner filed a Motion to Dismiss on the ground that the declaration of their marriage,
which is void ab initio, is superfluous and unnecessary. He further suggested that private
respondent should have filed an ordinary civil action for the recovery of the properties
alleged to have been acquired by their union.

RTC and CA dismissed the petitioner's motion for lack of merit.

ISSUES:

1) Whether or not a petition for judicial delaration of a void marriage is necessary. (If in the
affirmative, whether the same should be filed only for purpose of remarriage.)

2) Whether or not the petition entitled "Declaration of Nullity of Marriage and Separation of
Property" is the proper remedy of private respondent to recover certain real and personal
properties allegedly belonging to her exclusively.

HELD:

1) Yes. The nullification of a marriage for the purpose of contracting another cannot be
accomplished merely on the basis of the perception of both parties or of one that their
union is defective. Were this so, this inviolable social institution would be reduced to a
mockery and would rest on a very shaky foundation.

On the other hand, the clause "on the basis solely of a final judgment delaring such
marriage void" in Article 40 of the Code denotes that such final judgment declaring the
previous marriage void is not only for purpose of remarriage.

2) Yes. The prayer for declaration of absolute nullity of marriage may be raised together
with the other incident of their marriage such as the separation of their properties. The
Family Code has clearly provided the effects of the declaration of nullity of marriage, one
of which is the separation of property according to the regime of property relations
governing them.

Hence, SC denied the instant petition. CA's decision is affirmed.

Digesting cases is a must in the college of law, this is actually regardless if it is being required by
your professor or not. Once cases are assigned, a law student must observe due diligence and read
these cases.
For freshmen law students, you may be wondering how to make case digests or case briefs. Well,
there are a few things to remember and they are:
1. Be aware of the specifics of the case or the syllabus concerned. In one case alone, there could
be multiple topics i.e. Political Law, Remedial Law, Civil Law and there could be as many sub-
topics i.e. for Political Law there could be Police Power and Eminent Domain. Knowing these can
properly guide you with the “theme” of your digests. But usually, you will not have a hard time
with this because once cases are assigned; your professor would have specified these in his
handouts.
2. Read the full text of the case. And when I say read, don’t just breeze through it. Try to
understand it the first time. This will save you time because if you understood it on the first reading,
you won’t have to keep going back just to read it all over again. Highlighting important texts of
the case which are related to the topic you’re on will help you have a coherent grasp of the
case.
3. Now after reading the case in full, you’re now ready to write your case digest. In a “formal”
case digest, there are five parts which are:
• Caption – This is just the title of the case. It can be as plain as “People vs Juan de la Cruz”
or detailed to include the SCRA number, GR number, ponente and the date.
• Facts – This portion is to supposed to answer the “Who, What, When, How, Why” stuff of
the case.
• Issues – This is the legal conflict or the legal controversy sought to be resolved by the
Supreme Court.
• Ruling – This is the decision or jurisprudence laid down by the court.
• Concurring/Dissenting Opinions – These are not always present in all cases and normally
they do not place any significance to the current ruling being discussed (but they may serve
a significant role in future Supreme Court decisions especially when doctrines are reversed
or totally abandoned). These opinions may also be an additional explanation as to how
certain justices voted, the wisdom behind their votes, and as to how the decision is reached.
Be very wary because some professors would also ask questions pertaining to these opinions
– especially when such opinions are adopted as the general rule in some future cases.
(I’ll discuss this part, a to e, in more detail in an upcoming article).
4. Other things you may want to consider may include: how your professor conducts recitation, is
your professor more of a “facts” guy or a “court ruling” guy; either way, you can custom make your
digests in a way that will make you remember the facts and the jurisprudence of the case. Some
students prefer replacing the “characters” with letters like “X” and “Y” but that may not sit well
with other professors especially if they are meticulous with the facts of the case. Click this for a
sample case digest.
with this because once cases are assigned; your professor would have specified these in his
handouts.
2. Read the full text of the case. And when I say read, don’t just breeze through it. Try to
understand it the first time. This will save you time because if you understood it on the first reading,
you won’t have to keep going back just to read it all over again. Highlighting important texts of
the case which are related to the topic you’re on will help you have a coherent grasp of the
case.
3. Now after reading the case in full, you’re now ready to write your case digest. In a “formal”
case digest, there are five parts which are:
• Caption – This is just the title of the case. It can be as plain as “People vs Juan de la Cruz”
or detailed to include the SCRA number, GR number, ponente and the date.
• Facts – This portion is to supposed to answer the “Who, What, When, How, Why” stuff of
the case.
• Issues – This is the legal conflict or the legal controversy sought to be resolved by the
Supreme Court.
• Ruling – This is the decision or jurisprudence laid down by the court.
• Concurring/Dissenting Opinions – These are not always present in all cases and normally
they do not place any significance to the current ruling being discussed (but they may serve
a significant role in future Supreme Court decisions especially when doctrines are reversed
or totally abandoned). These opinions may also be an additional explanation as to how
certain justices voted, the wisdom behind their votes, and as to how the decision is reached.
Be very wary because some professors would also ask questions pertaining to these opinions
– especially when such opinions are adopted as the general rule in some future cases.
(I’ll discuss this part, a to e, in more detail in an upcoming article).
4. Other things you may want to consider may include: how your professor conducts recitation, is
your professor more of a “facts” guy or a “court ruling” guy; either way, you can custom make your
digests in a way that will make you remember the facts and the jurisprudence of the case. Some
students prefer replacing the “characters” with letters like “X” and “Y” but that may not sit well
with other professors especially if they are meticulous with the facts of the case. Click this for a
sample case digest.

You might also like