Advantages and dis-advantages of Orthodox and un-orthodox method of case reading. By Johnson Yesaya

ORTHODOX METHOD OF CASE READING

ADVANTAGES

It manage time, orthodox method of case reading saves time in reading because is a brief of a case. It is a case summary which carries key areas of a case without un-necessary details on its content. Orthodox method avoids too many un-necessary details and it clearly points to the main content of the case.

No confusion, orthodox method of case reading reduces possibility of confusing facts, issues or other useful contents of a case because it goes direct to important areas of a one case, it is very difficult to confuse things in orthodox method unlike to un-orthodox method where one reads a group of cases with different facts, issues and enabling provisions from different statutes.

Goes direct to the key areas of a case, case summary includes name of the court, name of the parties, citation, coram, material facts of the case, legal issues, decision, reason for the decision and order(s) of the court. The summary contains only these key areas of the case without beating around the bush.

One can easily get to useful contents of the case, pointing to important areas of a case enables a reader to acquire useful content of a case without wasting a time passing through all contents of a case which is a time consuming activity.  

It simplifies research to a legal researcher, this mode of case readings promotes quick facts acquisition since a researcher easily jump from section to another important section of a case to obtain what he/she needs. It is very tough to conduct legal research by using un-orthodox method of case by reading n full groups of cases.

DIS-ADVANTAGES

It is difficult to compare and contrast styles of reasoning of judicial opinion. Going through only key areas of a case avoids revealing full context of a case, a case judgment is written in sequence of various segments, skipping some of it in briefing may destruct its context. In this situation, a reader will understand few things out of all contents of a case. Case summary lack full context of the case hence may restrict level of understanding on a particular topic selected by a reader.

There is no sequence of cases on a particular topic, reading a summary of one case prevents exposure of a reader to full content of a case. It is very difficult to conduct legal research with orthodox method of case reading because there is no sequence of different case laws on a particular topic which may be used as a reference to a research.

UN-ORTHODOX METHOD OF CASE READING

ADVANTAGES

It shows their sequence on a particular topic, un-orthodox method of case reading involves reading of a group of cases on a particular topic, it is easy to discover legal issues or questions of laws through un-orthodox method of case reading because one pass through multiple cases to compare rulings made by various courts on a particular dispute.

It analyse styles of reasoning of judicial opinion, passing through multiple cases enables a reader to discover different styles of reasoning by decision makers in different cases originated from different circumstances. The styles pointed here is “grand style”, “formal style” and “realistic style”. A reader exposed to different cases can easily discover the differences between judges in deciding matters, their personal behaviors or emotions may easily be exposed with un-orthodox method of case reading.

They help to predict how a court will respond to a particular fact, reading a group of cases helps a reader to predict the response of a court on a case on hands or future cases. Through un-orthodox method of case reading, one may easily compare and predicts the decision of the court by reading group of cases with the same nature to cases pending decision before courts.

To resolve the doubt about law, it is easy to resolve a legal doubt through reading group of cases on a topic which is relevant to an existing doubt. Case laws discusses a number of legal areas, where there is a doubt one may seek solution by visiting various precedents explaining in details the existing legal question.

To construct an argument, reading a group of cases helps in making legal argument. Any lawyer seeks attention of the court by making reference to multiple case laws with the same facts to a case before court, strong arguments needs to be backed up with provisions of the laws and group of precedents with the same nature to a case pending before court. Arguments derived from multiple cases shows a principle of fairness and equality before the law, the cases with the same legal dispute always get decision of the same nature because the same laws are used to decide those cases, most of cases with the same material facts gets the same decision which maintains principle of fairness and equality.

DIS-ADVANTAGES

Un-orthodox method goes through multiple cases hence time consuming. One of the dis-advantages of un-orthodox method is time consuming. Passing through multiple cases needs a lot of time, orthodox method of case reading is less time consuming because it do not involve reading groups of cases.

They create confusion. Reading a group of case in researching a legal issue or facts is too confusing. Some cases have the same order of the court but material facts of the cases are too different, it is very difficult to find group of cases with almost the same facts or issues and the same decision of the court.

It complicates research, since un-orthodox method is time consuming and creates a lot of confusions, then it complicates legal research when one decides to use this method in gathering materials for the research.