Furthermore, pharmaceutical companies do not show willingness to sponsor such trials as the potential for revenue is expected to be minimal. Off-label use of drugs is also established by case reports. Thalidomide is an extreme example of this. Its off-label indications are many, some of which were later confirmed by randomized trials. The cycle of evidence-based medicine is complex. The value of a good case report cannot be undermined.
Although in the hierarchy of evidence-based medicine, case reports do not top the list, the hypothesis generated from it is appealing, and can lead to physiological studies followed by clinical trials. The outcome of such clinical trials after favorable interpretation in a clinical context can be incorporated in clinical practice.
For a case report to be highly significant, the observations have to be unique and new, the documentation thorough, and the hypothesis logical. Case reports have many limitations as well. Sometimes they can raise false alarms. Most of the once popular but now discarded therapies are based on case reports. While certain journals do not publish case reports at all, there are journals, which publish only case reports. The Indian Journal of Ophthalmology encourages publication of all types of articles.
Just a rare presentation of a case does not justify publication. Editors are always on the lookout to give a new message, which could be in the form of a presentation, management, an outcome, a complication, or an unexplored aspect.
The criteria for publishable case reports have been extensively enumerated by Cohen. Cohen[ 2 ] has also provided elaborate guidelines for writing case reports which must be read by all before writing a case report to increase the chances of acceptance of their report.
Case reports are beneficial for authors too. For beginners, a case report provides a learning opportunity in the practice of scientific writing. However, it should be kept in mind that though they are easy to write, they should not be taken lightly. A quick peep into the review process and the guidelines that a reviewer follows will give you some useful hints in writing a good case report. The introduction section should clearly and adequately explain the rationale for publication.
All statements and claims should be substantiated by references. It should be so strong that the editor should have no choice but to be convinced regarding the importance of the paper. The case description should be adequate, brief, and clear. The results of the investigations should be properly described and the results of less common laboratory investigations should be accompanied by normal values.
Several church groups and a group of former intelligence agents obtained permission to file briefs written arguments on behalf of the respondents to help persuade the Court to arrive at a decision favorable to them. In criminal cases, switches in the titles of cases are common, because most reach the appellate courts as a result of an appeal by a convicted defendant.
Thus, the case of Arizona v. Miranda later became Miranda v. These can be extensive or short, depending on the depth of analysis required and the demands of the instructor. A comprehensive brief includes the following elements:. The title of the case shows who is opposing whom. The name of the person who initiated legal action in that particular court will always appear first.
Since the losers often appeal to a higher court, this can get confusing. The first section of this guide shows you how to identify the players without a scorecard. The citation tells how to locate the reporter of the case in the appropriate case reporter.
A good student brief will include a summary of the pertinent facts and legal points raised in the case. Sometimes, the best statement of the facts will be found in a dissenting or concurring opinion.
Judges are not above being selective about the facts they emphasize. The issues or questions of law raised by the facts peculiar to the case are often stated explicitly by the court. Constitutional cases frequently involve multiple issues, some of interest only to litigants and lawyers, others of broader and enduring significant to citizens and officials alike. Be sure you have included both.
With rare exceptions, the outcome of an appellate case will turn on the meaning of a provision of the Constitution, a law, or a judicial doctrine. Capture that provision or debated point in your restatement of the issue. Set it off with quotation marks or underline it. This will help you later when you try to reconcile conflicting cases. For example, the famous case of Brown v. Board of Education involved the applicability of a provision of the 14th Amendment to the U.
Of course the implications of this case went far beyond the situation of Miss Brown, the Topeka School Board, or even public education. NOTE: Many students misread cases because they fail to see the issues in terms of the applicable law or judicial doctrine than for any other reason. There is no substitute for taking the time to frame carefully the questions, so that they actually incorporate the key provisions of the law in terms capable of being given precise answers.
Remember too, that the same case may be used by instructors for different purposes, so part of the challenge of briefing is to identify those issues in the case which are of central importance to the topic under discussion in class.
The reasoning, or rationale, is the chain of argument which led the judges in either a majority or a dissenting opinion to rule as they did. This should be outlined point by point in numbered sentences or paragraphs.
Both concurring and dissenting opinions should be subjected to the same depth of analysis to bring out the major points of agreement or disagreement with the majority opinion.
Make a note of how each justice voted and how they lined up. Knowledge of how judges of a particular court normally line up on particular issues is essential to anticipating how they will vote in future cases involving similar issues. Here the student should evaluate the significance of the case, its relationship to other cases, its place in history, and what is shows about the Court, its members, its decision-making processes, or the impact it has on litigants, government, or society.
Look for unarticulated premises, logical fallacies, manipulation of the factual record, or distortions of precedent. Then ask, How does this case relate to other cases in the same general area of law? What does it show about judicial policymaking? Does the result violate your sense of justice or fairness? How might it have been better decided? Many of the guides to legal research and writing include a discussion of student briefs, appellate briefs and other types of legal memoranda used by practicing attorneys.
Examples and more information can be found in the library books listed below:. Created by C. Pyle, Nevertheless, some advisory systems permit the appeals court to address issues involving the interpretation and application of the guidelines, albeit under a highly deferential standard of review. The duration, or length, of the sentence may be longer or shorter than the guidelines call for. Or the disposition, which is the recommendation for prison or probation, may be different than that called for in the guidelines e.
This section addresses court interpretations or applications of the departure standard. For example, if a particular jurisdiction requires the court to have substantial and compelling reasons in order to depart from the recommended sentence, there might be case law deciding what kinds of reasons fit the substantial and compelling standard.
Washington , U. The Court stated that the facts used by the trial court to justify the harsher sentence must be found by a jury, similar to the way that a jury must find the facts that support a criminal conviction.
Because most guidelines systems were designed to allow the judge rather than the jury to make those findings, the Blakely case called into doubt the validity of guidelines systems outside of Washington. This section includes case law within the jurisdiction that addresses the Blakely issue. In particular, this section should address whether the guidelines were impacted in any way by Blakely , and whether they remain in force or were weakened as a result.
In addition to the three categories of case law described above, there may be appellate decisions in some guidelines systems that are particularly important to an understanding of how that system works.
This section will include other cases like this that help explain the application of the guidelines.
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