How to read a judgment efficiently

No lawyer reads a judgment from page 1 to the end on the first pass. Here is the order a working practitioner (and a smart student) actually reads one.

1. The headnote and the order

Every reported judgment has a headnote summarising the court's holding and an order at the end stating what the court actually did. Read both of these first. If you only have 60 seconds to understand a case, this is the 60 seconds.

2. The facts (first 3-5 paragraphs)

Jump to the start of the actual judgment. Skim the first few paragraphs to understand:

• Who the parties are
• What happened in the lower court(s)
• Which specific legal question is now before this court

Don't get bogged down in background. You just need the shape.

3. The issues

Most judgments explicitly list the issues they will decide, usually after the facts. Find this list. Everything else in the judgment is in service of those issues.

4. The disposition of each issue

For each issue on the list, find the paragraph where the court actually decides it (often signalled by "I therefore hold that..." or "In my view..."). Read those paragraphs carefully. These are the paragraphs you will cite.

5. The rest, only if you need it

Obiter, concurring judgments, detailed doctrinal history — read these only if the question requires it. Most problem questions do not.

Practical tips

• Keep a one-line-per-paragraph summary as you go. It forces you to understand each paragraph and gives you a map to come back to.
• Highlight the ratio in one colour and obiter in another.
• If a concurrence disagrees with the majority's reasoning but agrees with the outcome, make a note — examiners love testing this.

Content coming soon

Worked examples on Carmichele, Makwanyane, and AZAPO showing exactly which paragraphs to read first in each.