Conclusion
Having read the general discussion of the structure of a law report, together with both the excerpt from Henthorn v Fraser and the analysis of Lord Herschell’s judgment, you should know how to identify the key elements in a report.
Developing the skills of formulating the ratio decidendi of a case and assessing the weight of obiter dicta will not come quite so easily and will require perseverance and practice. Making your own notes on cases which you have read in full does, however, pay lasting dividends when it comes to preparing coursework and mooting, and – perhaps even more importantly – embarking on examination revision, because your notes will remind you of what you have read and know, rather than what someone else has said or written. More generally, reading law reports will also help you to develop your sensitivity to legal language and your skills of common law reasoning. The technique of answering problem questions (see Chapter 11) differs in degree rather than kind from the technique of judgment writing. Both involve identifying the material facts that give rise to the legal issues, selecting and applying the relevant law, and reaching a conclusion.
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