How Do I Use Case Law in a TMA Without Just Retelling the Facts?

One of the most common comments on law TMAs is some version of “too descriptive”. You found the right cases, you read them carefully, and then you spent half your word count telling the marker what happened to the claimant. It feels thorough, but it earns surprisingly little credit, because the marker already knows the facts. What they want to see is what the case decides and how that decision helps answer your question.

This guide is about using case law in assignments in a way that builds an argument: what to take from a case, how much of the facts to include, and how to apply, compare and distinguish cases. The examples use well-known negligence cases from England and Wales and Singapore, but the method works in any area of law.

Why do tutors mark down case summaries in law TMAs?

A case summary shows that you have read something. It does not show that you can reason with it. Law TMAs, whether they are problem questions or essays, are testing whether you can identify the legal rule a case establishes and use it to reach a conclusion on a new set of facts or a debated issue.

Facts still matter, but only the ones that explain why the court decided as it did, or that make your scenario similar to or different from the case. Everything else is padding that eats into your word limit.

What should I take from a case before I write about it?

Before a case goes into your TMA, make a short note that answers four questions:

1. What was the legal issue? Not “what happened” but “what did the court have to decide?”
2. What was the decision and the legal rule behind it? This is the ratio decidendi, the principle the court actually relied on to reach its result.
3. Which facts were material? The ones that, if they had been different, might have changed the outcome.
4. How authoritative is it? Which court decided it, has it been followed, criticised or departed from since, and does it bind the court in your scenario?

Separate the ratio from obiter dicta, the comments a judge made along the way that were not needed for the decision. Obiter remarks can still be persuasive, especially from a senior court, but say clearly that you are relying on them as persuasive rather than binding.

How much of the facts should I include when citing a case?

Usually one sentence, sometimes none. A good rule is to include only the facts you will use in your reasoning. Compare these two versions:

Descriptive (weak)	Analytical (strong)
In Donoghue v Stevenson, Mrs Donoghue went to a café in Paisley with a friend, who bought her a ginger beer. The bottle was opaque. She drank some, then poured the rest and found what appeared to be a decomposed snail. She became ill and sued the manufacturer.	Donoghue v Stevenson established that a manufacturer owes a duty of care to the ultimate consumer where the product reaches them with no reasonable possibility of intermediate examination. The opaque bottle mattered because it meant no one could have inspected the contents. In our scenario, the sealed packaging plays the same role.

The second version uses fewer facts but each one does work. It states the rule, explains why a fact was material and links straight to the problem.

How do I apply a case to a problem question?

Applying a case means using its rule and reasoning to reach a view on your client’s facts. A reliable pattern is:

1. State the rule and the case that establishes it.
2. Identify the material facts in the case that triggered the rule.
3. Match them to your scenario, fact by fact.
4. Reach a conclusion on that issue, with an honest level of confidence.

Here is a short worked example on duty of care in a novel situation.

Scenario (fictional): A software company’s online tool calculates safe dosages for a pet medication. A coding error gives a vet the wrong figure, and a dog is harmed. Does the company owe the owner a duty of care?

Analytical paragraph: In England and Wales, Robinson v Chief Constable of West Yorkshire Police confirmed that where a situation falls within an established category, courts apply existing principles, and that Caparo Industries plc v Dickman should not be treated as a single test for every case. Where the situation is genuinely novel, courts develop the law incrementally, by analogy with established categories, and consider whether imposing a duty would be fair, just and reasonable. Our scenario looks closest to product liability under Donoghue v Stevenson: a product is supplied for use by others and a defect causes physical harm. However, the harm passes through a professional’s judgement, which a court may see as a reason to distinguish the case. On balance, the analogy is reasonably strong, but the answer should flag the vet’s role as the main point of argument.

In Singapore, the same scenario would be analysed under the two-stage test set out by the Court of Appeal in Spandeck Engineering (S) Pte Ltd v Defence Science & Technology Agency, which looks at proximity and then at policy considerations, applied incrementally. Use the framework your course teaches for your jurisdiction.

How do I distinguish a case that seems to go against my argument?

Distinguishing is not ignoring an awkward case. It is showing that its material facts or legal context differ enough from yours that its rule should not apply in the same way. To do it convincingly:

• Identify the specific fact or reason the court relied on.
• Show that this fact or reason is absent, or different, in your scenario.
• Explain why that difference matters to the legal principle, not just that it exists.

Weak distinguishing points to any difference (“the claimant was older”). Strong distinguishing points to a difference that changes the reasoning (“the court relied on there being no chance of inspection, but here the vet was expected to check the dose”).

How should I use cases in a law essay rather than a problem question?

In an essay, cases are evidence for a claim about the law. Rather than listing them in date order, group them under the argument they support. For example, if you are discussing whether the law on duty of care is coherent, you might use one group of cases to show a clear principle at work and another to show where the courts have struggled or changed direction. Use dissenting judgments and academic criticism to add depth, but always tie them back to your thesis.

The skill here is similar to comparing theories in other subjects: weigh positions against each other and reach your own justified view.

How do I cite cases without wasting words?

Follow the referencing system your course specifies. Many UK law schools use OSCOLA, and some Singapore and other courses use their own house style. Once you have given a full citation, most styles let you use a short form afterwards, such as the first party’s name in italics. Do not repeat the full citation every time.

Check whether case names and citations count towards your word limit. At many universities, in-text references are counted, so long or repeated citations add up. Our guide on what counts towards a TMA word count covers this in more detail.

What does a quick self-check for case use look like?

Before you submit, go through each case in your TMA and tick off this checklist:

• Have I stated the legal rule, not just the story?
• Have I used no more than one or two material facts?
• Is it clear how this case helps answer the question?
• If the case is against me, have I distinguished it properly or explained why it is still persuasive?
• Have I noted the court and whether the case binds the court in my scenario?
• Does my conclusion actually follow from the cases I used?

If you struggle to write strong opening and closing paragraphs around this analysis, our guide on writing a TMA introduction and conclusion may help.

Who can help me turn case notes into real legal analysis?

Many students find the jump from reading cases to reasoning with them the hardest part of studying law. Our law tutors can walk you through how a case works, show you how to structure application and comment on your draft so you can see where description has crept in. You can find out more on our law TMA support page or ask for feedback through our TMA draft review.

We teach and give feedback; you write and submit your own work, in line with your university’s academic integrity and AI rules.