Case Briefing for Law Students in Ghana: A Detailed Guide with Ghanaian Judicial Examples
Case briefing is the process of breaking down a judicial decision into its essential components to help law students understand the facts, legal issues, judicial reasoning and applicable legal principles.
For law students in Ghana, case briefing is an essential skill for studying Constitutional Law, Criminal Law, Tort Law, Contract Law, Land Law, Company and Commercial Practice, Family Law and other legal subjects.
A case brief should follow this structure.
- Case title and citation
The case title identifies the parties to the dispute, while the citation provides the recognised reference to the judgment in a law report or other authoritative source.
Example:
New Patriotic Party v Attorney-General 1993–94 2 GLR 35 (SC).
The citation indicates the parties, the law report series, the reporting period and the court.
What students should do:
- Write the full case name correctly.
- Include the law report citation.
- Identify the court where necessary, particularly where the citation does not already make it clear.
- Verify the citation against the judgment or an authoritative law report.
- Facts
The facts explain the circumstances that gave rise to the dispute. They should identify the relevant events, the parties’ conduct and the circumstances that made it necessary for the court to determine a legal question.
Students should focus on the material facts rather than reproduce every detail in the judgment.
Questions to ask:
- Who were the parties?
- What happened?
- What caused the dispute?
- What conduct or event gave rise to the legal claim?
- Which facts were important to the court’s decision?
Example: New Patriotic Party v Attorney-General 1993–94 2 GLR 35 (SC)
The government intended to observe 31 December as a public holiday commemorating the 1981 coup. The New Patriotic Party challenged the constitutionality of the proposed celebration and the use of public funds for that purpose.
The material facts concern the proposed public celebration, the use of public resources and the constitutional challenge brought by the NPP.
- Procedure
The procedure explains how the case moved through the judicial system and how it came before the court delivering the judgment being studied.
It may include:
- The court in which the proceedings commenced.
- The reliefs sought by the claimant or applicant.
- The decision of the lower court, if any.
- The grounds of appeal, where applicable.
- The jurisdiction under which the court heard the matter.
Example: New Patriotic Party v Attorney-General 1993–94 2 GLR 35 (SC)
The NPP invoked the original jurisdiction of the Supreme Court under articles 2 and 130 of the 1992 Constitution, seeking constitutional relief concerning the proposed celebration and public expenditure.
This was an original constitutional action rather than an ordinary appeal from a lower court.
Important: Do not invent a procedural history. If a case began in the Supreme Court’s original jurisdiction, state that accurately instead of suggesting that it was appealed from the High Court.
- Issues
The issues are the specific questions of law that the court had to determine to resolve the dispute.
An issue should be framed as a question, usually beginning with the word whether.
Example:
In New Patriotic Party v Attorney-General 1993–94 2 GLR 35 (SC), a central issue concerned whether the proposed public celebration of the 31 December 1981 coup and its financing from public funds were consistent with the 1992 Constitution.
A judgment may contain several issues. Where appropriate, number them separately.
For instance:
- Whether the court has jurisdiction to determine the constitutional dispute.
- Whether the challenged governmental action is consistent with the applicable constitutional provisions.
- Whether the claimant is entitled to the reliefs sought.
These are examples of how issues may be framed. The final brief must reflect the actual questions considered in the judgment.
- Holding
The holding states the court’s answer to the legal issue. It tells the reader whether the court accepted or rejected the relevant claim or argument.
The holding should be concise and directly responsive to the issue.
Example: New Patriotic Party v Attorney-General 1993–94 2 GLR 35 (SC)
The Supreme Court, by majority, ruled against the proposed public celebration of 31 December as a public holiday commemorating the coup and the use of public funds for that purpose.
When writing the holding, distinguish the court’s answer to the legal question from the formal order it made. The two are related, but they are not always identical.
- Ratio decidendi or decision of the judge
The ratio decidendi is the legal principle necessary to the court’s determination of the issue before it. It explains the legal basis for the holding and is particularly important when identifying a precedent that may bind a later court.
Under this heading, students should explain the judge’s reasoning and identify the legal principle that emerges from it.
Questions to ask:
- What principle of law did the judge apply?
- How did the judge interpret the relevant legislation or Constitution?
- How did the judge apply the law to the material facts?
- Why did the judge reach that conclusion?
- Which part of the reasoning was necessary to the outcome?
Example: Tuffuor v Attorney-General 1980 GLR 637
This case is an important Ghanaian constitutional authority concerning the interpretation of a written Constitution and the constitutional position of the Chief Justice under the 1979 Constitution.
When briefing the case, students should examine the court’s actual reasoning and identify the principle necessary to its conclusion. It is insufficient merely to state that the case concerns constitutional interpretation.
Important distinction: The holding tells you what the court decided. The ratio decidendi explains the legal principle necessary to that decision.
If the heading in your course materials combines the ratio decidendi with the judge’s decision, you should still distinguish the legal principle from the conclusion when writing the brief.
- Applicable law and authorities
This section identifies the legal materials the court relied upon in determining the dispute.
These may include:
- Constitutional provisions.
- Acts of Parliament and other legislation.
- Earlier judicial decisions.
- Common-law principles.
- Equitable doctrines.
- Relevant legal tests and interpretive principles.
Example: New Patriotic Party v Attorney-General 1993–94 2 GLR 35 (SC)
The relevant constitutional provisions included articles 3, 35(1) and 41 of the 1992 Constitution. The Public Holidays Law, 1989 (PNDCL 220), also provided part of the statutory background to the dispute.
Students should go beyond listing provisions. Explain how each relevant provision or authority contributed to the court’s analysis.
For example, if the court relies on an earlier decision, identify the principle for which that decision was cited and explain how it relates to the issue being determined.
- Dissenting opinion
A dissenting opinion is the opinion of a judge who disagrees with the conclusion reached by the majority of the court.
Where a judgment contains a dissent, the case brief should identify the dissenting judge and summarise the principal reasons for the disagreement.
Students should consider:
- What conclusion did the dissenting judge reach?
- Which legal provisions or authorities did the judge rely upon?
- Why did the judge disagree with the majority?
- What alternative interpretation or reasoning did the judge adopt?
- How does the dissent help explain the legal controversy?
Example: New Patriotic Party v Attorney-General 1993–94 2 GLR 35 (SC)
The judgment included a dissenting opinion. A complete brief should distinguish the dissenting reasoning from the majority’s reasoning and explain the significance of the disagreement.
A dissenting opinion does not ordinarily constitute the binding decision of the court. However, it may be persuasive in later cases, especially where a subsequent court considers similar legal questions.
If the judgment is unanimous, state that there was no dissenting opinion rather than omitting the heading.
Case briefing template for law students
Use the following format whenever you are preparing notes on a judicial decision.
CASE BRIEF
- Case title and citation
Full name of the case and recognised citation.
- Facts
The material facts giving rise to the dispute.
- Procedure
The procedural history and how the case came before the court.
- Issues
The precise legal questions the court had to determine.
- Holding
The court’s answer to each legal issue.
- Ratio decidendi or decision of the judge
The judge’s reasoning and the legal principle necessary to the decision.
- Applicable law and authorities
The relevant constitutional provisions, statutes, earlier cases and legal principles.
- Dissenting opinion
The dissenting judge’s conclusion and reasons, or a statement that the judgment was unanimous.
Final advice: A good case brief is accurate, structured and focused on the judgment’s legal significance. Always read the actual judgment before finalizing your notes, particularly when identifying the ratio decidendi, the authorities relied upon and any dissenting opinion.
