Reading Legal Opinions

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Presentation transcript:

Reading Legal Opinions Prep for Law 2014

What’s In a Legal Opinion Caption Case Citation Author of Opinion Facts of the Case Law of the Case Concurring or Dissenting Opinions

Common Legal Terms Found in Opinions Read cases with a legal dictionary nearby! Learn terms for civil and criminal disputes Learn basic terms in appellate litigation

What You Need to Learn From Reading a Case Facts Specific Legal Arguments Made By the Parties Disposition – The Action the Court Ultimately Took Reasoning of the Majority Opinion Significance of the Majority Opinion Understand Any Concurring or Dissenting Opinions

Why Do Law Professors Use the Case Method? The Historical Reason: We inherited English tradition of Common Law or “judge-made law” Judges can only decide real cases or controversies Precedent and stare decisis Christopher Columbus Langdell

Why do Professors Use the Case Method? The Practical Reason: Lawyering Skill: Apply an Abstract Legal Rule to a New Set of Concrete Facts – Seeing the Law in Facts and the Facts in Law Lawyering Skill: Reasoning By Analogy – Compare Your Facts to Other Sets of Facts Lawyering Skill: Wrestle with Hypotheticals (“Hypos”) to Define the Limits of Terms and Rules

When You First Begin Reading Opinions Before Worrying About Briefing, You Must (1) Read the Case Critically and (2) Understand the Gestalt of the Case, i.e. a Coherent Whole Picture

Beginning Case Reading Worksheet Save as a Template on Prep for Law Portfolio and Google Drive Print out copies or fill out individual copies as you read Will make briefing go faster Will train your brain to see what you need as you read

Now, to Practice Read the edited version of the Hobby Lobby case. Fill out the Beginning Case Reading Worksheet as you go. Add the Worksheet template to your Prep for Law Portfolio for future use. On the Discussion Board, post a link to the template on your site and copy and paste the contents of your completed Worksheet for Hobby Lobby.

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