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Case Digest

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1 Case Digest on Mon Nov 01, 2010 11:07 pm

chris_mel


Arresto Menor
Hi, Im a 1st year law student, and i found difficult to study specially when it comes to digesting cases. It almost consume my time to study in other subjects. Is there any one here, who can teach me some techniques in how to digest case. please add a comment..

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2 Re: Case Digest on Wed Dec 15, 2010 6:29 am

subayloco23


Arresto Menor
you will be assigned to digest a case for a certain topic of law on your lesson. just focus on the issue and the ruling on it regarding the topic or lesson you are discussing.

Facts of the case
Issue/s
ruling or the court on the issue/s

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3 Re: Case Digest on Wed Jul 13, 2011 11:18 am

djm


Arresto Menor
can someone post an example of case digest here? TIA Smile

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4 Re: Case Digest on Wed Jul 13, 2011 1:58 pm

rchrd


moderator
TIPS ON DIGESTING CASES: [i]You can never escape digesting cases in the College of Law. The objective in digesting cases is to discover how the law was applied. Your professor is less interested in the brilliancy of the lawyer or the parties involved or how they won or lost their case. What matters is how the Supreme Court resolved the issues.[i]

1. DO NOT DIGEST UNLESS YOU KNOW THE CODAL PROVISION. It's a total waste of time. On the contrary, if you know what the law requires, it is easy to determine if the parties obeyed or disobeyed the law. The Court always sides with the party who obeyed the law.
2. DO NOT DIGEST CASES SINGLY. [i]Groups of cases must be digested together because they all apply the same law - sometimes in contrasting manner. Spend the most time thoroughly digesting the first in a batch of cases. Succeeding cases will simply re-apply the same principle. However, look out for reversals of rulings.[i]
3. LOOK AT THE DATES. PRIORITIZE DIGESTING LATER CASES. Chances are, the latest case will contain a recitation of earlier cases - already digested by the ponente (the justice who actually writes the text of the decision). Not only that - usually, the ponente will compare and contrast related cases, saving you a lot of time in case you cannot read the full text of the original decision. But set apart a time to read the original cases anyway.
4. USE BLOCK DIAGRAMS TO REPRESENT THE PARTIES. Reduce the long list of parties into "F filed an action against C" etc. regardless of how long the full name of F or C is. Make a mental chart of who filed the original case and then trace it from there - who won in the original jurisdiction, it is always the loser who appeals if the case was resolved normally. But 80% of cases reaching the Supreme Court are pre-emptive; filed by one of the parties before a final decision is reached below. But just the same, the party that goes to the Supreme Court is either the losing party of the party about to lose. Jump to the dispositive portion and see if the petitioning party was successful or not. Then reconstruct the arguments in between, using the syllabus of the case (the first portion of every SCRA (text) as aid.
5. AT THE VERY LEAST, DIGEST AT LEAST ONE CASE FROM EVERY SECTION OF THE COURSE OUTLINE. It is not the number of cases you digested that matters but the coverage. You must digest at least one case for every pertinent provision of law. Two, if you have the time. Three, if you anticipate a graded recitation.
6. SEEK AN OPPORTUNITY TO DISPLAY WHAT YOU LEARNED. If you are called for a recitation on a case you did not digest, offer to recite on another cases (most professors will allow that, so long as you offer to recite on the same subject matter.) The point is, let the professor know that you attempted to understand the principle at work. If embarrassed, do not sulk. Listen to the person reciting - their digest may be correct and if it is, it will definitely come out in the exams.
7. DO NOT DEVOUR ALL FACTS. YOU DO NOT NEED THEM. You can try applying the reverse analysis approach. Look at the ruling and then find out how the Court arrived at the ruling. The Supreme Court throws out may irrelevant facts because it is not a trier of facts. Do not try to smell out every fact if it did not even concern the Justices.
8. REMEMBER THE "ANGLE OF CONCERN". If you are digesting for a Constitutional Law subject, ignore the issues that do not concern you. Read the case with particular interest on how the Constitution was applied. Ditto for other subjects.
9. KEEP YOUR DIGEST. YOU WILL DEFINITELY ENCOUNTER THE SAME CASES IN YOUR HIGHER YEARS. [i]Most cases involve various aspects of the law. So the cases you digested in Persons are most likely the same ones you will read in Wills and Succession. Your "angle of concern" will be different of course, but you will save a lot of time if you are familiar with the facts already.[i]

WAG KANG AAYAW HA! Talagang ganyan ang buhay nating mga ambisyoso. clap

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5 Re: Case Digest on Wed Jul 13, 2011 5:16 pm

djm


Arresto Menor
thank you po sobra.. ipiprint ko ung advice nio po then ill post it sa isa sa mga folders ko na may mga laman na cases.. Very Happy
pwede po ba magpost kau ng example ng case digest?? TIA Smile

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6 Re: Case Digest on Sun Jul 17, 2011 12:27 am

rrod


Arresto Menor
walang shortcut sa law school, you'll have to learn it the hard way, the usual way, ganyan lang talaga sa first year, kaya nga first eh baguhan pa lang, don't worry lahat yan matutuhan mo din, konting tiyaga lang pre....

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7 Re: Case Digest on Thu Sep 08, 2011 9:28 am

rjn


Arresto Menor
thanks sa payo sir. noted Smile

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8 Tipster on Mon Feb 04, 2013 11:54 pm

Naughty Attorney


Arresto Menor
Here's a TIP that a good friend of mine taught me
#1. Read the codal provision
#2. Read the whole case NOT the digested one
#3. Read the case as if your reading storybooks when you where a kid.
#4. Do write your digest in a yellow pad.

If & when you were assigned to digest 20cases in one subject, go straight on SC decisions you will find the facts, issue, & rulling.

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9 Law 2 case digest on Tue Feb 05, 2013 3:04 pm

tinjoy


Arresto Menor
hi po.may project kasi kami na case study.patulong naman po.accountancy student po ako at hindi law student kaya hindi po ako masyadong magaling sa law.

pwd po ba mg post kayo ng case digest tungkol sa nego ins.law na topic

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10 Digesting Cases on Tue Mar 12, 2013 1:55 pm

charivari2012


Arresto Menor
rchrd wrote:TIPS ON DIGESTING CASES: [i]You can never escape digesting cases in the College of Law. The objective in digesting cases is to discover how the law was applied. Your professor is less interested in the brilliancy of the lawyer or the parties involved or how they won or lost their case. What matters is how the Supreme Court resolved the issues.[i]

1. DO NOT DIGEST UNLESS YOU KNOW THE CODAL PROVISION. It's a total waste of time. On the contrary, if you know what the law requires, it is easy to determine if the parties obeyed or disobeyed the law. The Court always sides with the party who obeyed the law.
2. DO NOT DIGEST CASES SINGLY. [i]Groups of cases must be digested together because they all apply the same law - sometimes in contrasting manner. Spend the most time thoroughly digesting the first in a batch of cases. Succeeding cases will simply re-apply the same principle. However, look out for reversals of rulings.[i]
3. LOOK AT THE DATES. PRIORITIZE DIGESTING LATER CASES. Chances are, the latest case will contain a recitation of earlier cases - already digested by the ponente (the justice who actually writes the text of the decision). Not only that - usually, the ponente will compare and contrast related cases, saving you a lot of time in case you cannot read the full text of the original decision. But set apart a time to read the original cases anyway.
4. USE BLOCK DIAGRAMS TO REPRESENT THE PARTIES. Reduce the long list of parties into "F filed an action against C" etc. regardless of how long the full name of F or C is. Make a mental chart of who filed the original case and then trace it from there - who won in the original jurisdiction, it is always the loser who appeals if the case was resolved normally. But 80% of cases reaching the Supreme Court are pre-emptive; filed by one of the parties before a final decision is reached below. But just the same, the party that goes to the Supreme Court is either the losing party of the party about to lose. Jump to the dispositive portion and see if the petitioning party was successful or not. Then reconstruct the arguments in between, using the syllabus of the case (the first portion of every SCRA (text) as aid.
5. AT THE VERY LEAST, DIGEST AT LEAST ONE CASE FROM EVERY SECTION OF THE COURSE OUTLINE. It is not the number of cases you digested that matters but the coverage. You must digest at least one case for every pertinent provision of law. Two, if you have the time. Three, if you anticipate a graded recitation.
6. SEEK AN OPPORTUNITY TO DISPLAY WHAT YOU LEARNED. If you are called for a recitation on a case you did not digest, offer to recite on another cases (most professors will allow that, so long as you offer to recite on the same subject matter.) The point is, let the professor know that you attempted to understand the principle at work. If embarrassed, do not sulk. Listen to the person reciting - their digest may be correct and if it is, it will definitely come out in the exams.
7. DO NOT DEVOUR ALL FACTS. YOU DO NOT NEED THEM. You can try applying the reverse analysis approach. Look at the ruling and then find out how the Court arrived at the ruling. The Supreme Court throws out may irrelevant facts because it is not a trier of facts. Do not try to smell out every fact if it did not even concern the Justices.
8. REMEMBER THE "ANGLE OF CONCERN". If you are digesting for a Constitutional Law subject, ignore the issues that do not concern you. Read the case with particular interest on how the Constitution was applied. Ditto for other subjects.
9. KEEP YOUR DIGEST. YOU WILL DEFINITELY ENCOUNTER THE SAME CASES IN YOUR HIGHER YEARS. [i]Most cases involve various aspects of the law. So the cases you digested in Persons are most likely the same ones you will read in Wills and Succession. Your "angle of concern" will be different of course, but you will save a lot of time if you are familiar with the facts already.[i]

WAG KANG AAYAW HA! Talagang ganyan ang buhay nating mga ambisyoso. clap


Haha. Thank you for the tips. Smile

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11 Re: Case Digest Today at 4:14 pm

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