HOW TO READ A LEGAL OPINION
A GUIDE FOR NEW LAW STUDENTS
Orin S. Kerr
Copyright © 2007 Orin S. Kerr
Second Series • Autumn 2007
Volume 11 • Number 1
Published by The Green Bag, Inc., in cooperation with the George Mason University School of Law.
Electronic copy available at: http://ssrn.com/abstract=1160925
Electronic copy available at: http://ssrn.com/abstract=1160925
HOW TO READ A LEGAL OPINION
A GUIDE FOR NEW LAW STUDENTS
Orin S. Kerr†
This essay is designed to help new law students prepare for the first few weeks of class. It explains what judicial opinions are, how they are structured, and what law students should look for when reading them.
W
I. WHAT’S IN A LEGAL OPINION?
hen two people disagree and that disagreement leads to a lawsuit, the lawsuit will sometimes end with a ruling by a judge in favor of one side. The judge will explain the ruling in a written document referred to as an “opinion.” The opinion explains what the case is about, discusses the relevant legal principles, and then applies the law to the facts to reach a ruling in favor of one side and against the other. Modern judicial opinions reflect hundreds of years of history and practice. They usually follow a simple and predictable formula. This
†
Orin Kerr is a professor of law at the George Washington University Law School. This essay can be freely distributed for non-commercial uses under the Creative Commons AttributionNonCommercial-NoDerivs 3.0 Unported license. For the terms of the license, visit creativecommons.org/licenses/by-nc-nd/3.0/legalcode. 11 GREEN BAG 2D 51
Electronic copy available at: http://ssrn.com/abstract=1160925
Orin S. Kerr section takes you through the basic formula. It starts with the introductory materials at the top of an opinion and then moves on to the body of the opinion. The Caption The first part of the case is the title of the case, known as the “caption.” Examples include Brown v.... [continues]
A GUIDE FOR NEW LAW STUDENTS
Orin S. Kerr
Copyright © 2007 Orin S. Kerr
Second Series • Autumn 2007
Volume 11 • Number 1
Published by The Green Bag, Inc., in cooperation with the George Mason University School of Law.
Electronic copy available at: http://ssrn.com/abstract=1160925
Electronic copy available at: http://ssrn.com/abstract=1160925
HOW TO READ A LEGAL OPINION
A GUIDE FOR NEW LAW STUDENTS
Orin S. Kerr†
This essay is designed to help new law students prepare for the first few weeks of class. It explains what judicial opinions are, how they are structured, and what law students should look for when reading them.
W
I. WHAT’S IN A LEGAL OPINION?
hen two people disagree and that disagreement leads to a lawsuit, the lawsuit will sometimes end with a ruling by a judge in favor of one side. The judge will explain the ruling in a written document referred to as an “opinion.” The opinion explains what the case is about, discusses the relevant legal principles, and then applies the law to the facts to reach a ruling in favor of one side and against the other. Modern judicial opinions reflect hundreds of years of history and practice. They usually follow a simple and predictable formula. This
†
Orin Kerr is a professor of law at the George Washington University Law School. This essay can be freely distributed for non-commercial uses under the Creative Commons AttributionNonCommercial-NoDerivs 3.0 Unported license. For the terms of the license, visit creativecommons.org/licenses/by-nc-nd/3.0/legalcode. 11 GREEN BAG 2D 51
Electronic copy available at: http://ssrn.com/abstract=1160925
Orin S. Kerr section takes you through the basic formula. It starts with the introductory materials at the top of an opinion and then moves on to the body of the opinion. The Caption The first part of the case is the title of the case, known as the “caption.” Examples include Brown v.... [continues]
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