How to Read a Court Decision. Structure of reasoning Structure of reasoning First understand the reasoning, so you can critique it First understand the.

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Presentation transcript:

How to Read a Court Decision

Structure of reasoning Structure of reasoning First understand the reasoning, so you can critique it First understand the reasoning, so you can critique it

Parties Who are the people/groups involved in this legal dispute? Who are the people/groups involved in this legal dispute? Who initiated the law suit? Who initiated the law suit? Who is being sued? Who is being sued? Who initiated the appeal to the Supreme Court? Who initiated the appeal to the Supreme Court? Who is responding to the appeal? Who is responding to the appeal?

Facts What happened that got these parties into this court room? What happened that got these parties into this court room? What happened in the world before they got into the legal system? What happened in the world before they got into the legal system? What events or activities led to the dispute here? What events or activities led to the dispute here?

Legal History What happened in the lower court(s) before the parties got to this level of appeal? What happened in the lower court(s) before the parties got to this level of appeal? What did the lower court(s) decide? What did the lower court(s) decide?

Issue What is the central issue(s) in this dispute? What is the central issue(s) in this dispute? State as a question which could have different answers State as a question which could have different answers State in one sentence State in one sentence

Reasoning by the Court What reasoning does the court use to reach the holding? What reasoning does the court use to reach the holding? Does the court anticipate possible objections and respond to them in their reasoning? Does the court anticipate possible objections and respond to them in their reasoning?

Holding How does the court finally decide the matter? How does the court finally decide the matter? What is the “bottom line” in this dispute? What is the “bottom line” in this dispute? Answers the question in “issue” Answers the question in “issue”

Concurring opinions Do any of the justices who agree with the holding write a separate opinion with additional reasoning? Do any of the justices who agree with the holding write a separate opinion with additional reasoning? What additional concerns are raised in these concurring opinions? What additional concerns are raised in these concurring opinions?

Dissenting opinions Do any of the justices on the “losing side” write separate opinions to explain their own reasoning? Do any of the justices on the “losing side” write separate opinions to explain their own reasoning? How do their reasons differ from the majority? How do their reasons differ from the majority?