Wednesday, January 27, 2010

Brief A Court Opinion

A court opinion provides a valuable means of learning the law on a particular issue. Most good judges will give an explanation of reasoning along with a final decision. This sheds light on the rationale behind a court opinion and provides a person with an understanding of the current state of the law. You can brief a court opinion in a few simple steps. This will summarize the important points of the opinion and provide a useful guide for a shorthand reference on future issues. The steps for briefing a court opinion perfectly mirror those of briefing a case summary or any other legal decision.


Instructions


1. Set the stage. Write down the names of the parties involved and year of the opinion. This provides a lens through which to understand the opinion. Outline the procedural background that led to the opinion.


2. Delineate the facts. Summarize the facts of the matter in a few short sentences in order to outline the opinion. Only include outcome determinative facts. Extraneous facts do not matter and should be excluded.


3. State the issue. The court opinion will turn on one or more legal issues. State these issues followed by the decision on each issue. Summarize the rationale. The opinion will include cases and statutes that led to the decision. Briefly summarize these in your brief.

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