Case reports: how useful?

Grolschevik

I much prefer the more descriptive reports that you'd get from the likes of Justis or FirstLaw.

So how useful do people find the likes of the below (an ICLR report)?

CRIMINAL
Evidence
Right to silence – Privilege against self incrimination – Inferences – Direction to appellant to answer questions put to him by garda – Failure to inform gardaí of information where not detained and no access to solicitor – Whether direction breached right to silence – Whether breach led to unfair hearing – Whether entitled to take into account failure to deny offence where such evidence not given by prosecution – Whether entitled to draw inferences – Whether accused’s failure to previously deny offence was pivotal to judge’s decision.

People (DPP) v Finnerty [1999] 4 IR 364 followed – Summary Jurisdiction Act 1857 (c 43), s 2 – Criminal Damage Act 1991 (No 31), s 2 – Constitution of Ireland 1937, Art 38.1

Questions answered in the negative and case dismissed (2011/2461SS – Hedigan J – 7/6/2012) [2012] IEHC 421
DPP (Sweeney) v Roibu

Tom Young

That's merely a summary/head note.

Grolschevik

I guess my question can be rephrased as: how useful are such abstracts in practice? Especially given the amount of them produced.

hullaballoo

They are not very useful. A major problem is that the nature of written decisions of the Courts makes them open to interpretation in most cases.


As a result, the subjective views of the reporter/editor of reports are transferred into headnotes. Surprisingly often, if you go on to read what the Court has said, you may form a view that is different to what has been extracted by the reporter/editor.


Aside from that, and I suppose slightly off topic, part of a lawyer's job is to find the sentence that makes you right within a case that ostensibly goes against you!

NoQuarter

They are useful for using the search function only!

Grolschevik

NoQuarter wrote: »

They are useful for using the search function only!

So even less use in pre-internet days...

NoQuarter

Grolschevik wrote: »

So even less use in pre-internet days...

Useful if flicking through the Irish reports and it tells you what issues arise in the case without having to read it I suppose.

If you know its the case you want, then its not useful as its not nearly detailed enough but if you are browsing cases it is useful.

nuac

In the Royal Navy the advice to enterprising captains was to steer to the sound of the gunfire.

So law students should head for the reports. Reading law reports is a great way of learning the law. Make your own headnotes for revision rather than relying on those published.