How to Read a Court Decision

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How to Read a Court Decision
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How to Read a Court Decision

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

3
Parties

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

4
Facts

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

5
Legal History

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

6
Issue

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

7
Reasoning by the Court

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

8
Holding

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

9
Concurring opinions

• 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?

10
Dissenting opinions

• 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?