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HOW TO READ AND BRIEF APPELLATE COURT OPINIONS

HOW TO READ AND BRIEF APPELLATE COURT OPINIONS. EUGENIA LANGAN MATER ACADEMY CHARTER HIGH SCHOOL HIALEAH GARDENS, FLORIDA . PRE-READING (ESSENTIAL STRATEGY!) IDENTIFY THE LEGAL ISSUE OR ISSUES

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HOW TO READ AND BRIEF APPELLATE COURT OPINIONS

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  1. HOW TO READ AND BRIEF APPELLATE COURT OPINIONS EUGENIA LANGAN MATER ACADEMY CHARTER HIGH SCHOOL HIALEAH GARDENS, FLORIDA

  2. PRE-READING (ESSENTIAL STRATEGY!) • IDENTIFY THE LEGAL ISSUE OR ISSUES • THESE ARE USUALLY SET FORTH AT THE BEGINNING OF AN OPINION, BUT SOMETIMES NOT UNTIL AFTER FACTS ARE RECOUNTED • IDENTIFY THE HOLDING (DECISION) ON EACH LEGAL ISSUE • ALSO USUALLY STATED AT THE BEGINNING, BUT SOMETIMES NOT UNTIL THE VERY END • THIS WILL GIVE YOU A "ROADMAP" OF THE OPINION

  3. Reading and analyzing the opinion • 1. identify the material facts • a material fact is one that is essential to the holding or holdings. • if changing a fact would not change the holding(s), the fact is not material • remember – appellate courts do not find facts – they are stuck with the facts found in the court or administrative agency below

  4. Why is it necessary to identify the material facts? • they give rise to and define the issue • therefore, in later cases the precedential value of the court's holding(s) depends on how close the material facts of the later cases • if the material facts are substantially the same, the precedent applies • if the material facts are substantially different, the later case is "distinguished" from the precedent

  5. 2. re-consider the issue (which you read earlier) • how do the material facts give rise to the issue? • 3. identify the ratio decidendi: the legal reason(s) for the holding(s) • 4. identify any obiter dictum (pl. dicta): a thing said in passing – legal conclusions that are not essential to the holding

  6. why is it important to distinguish between ratio decidendiand dicta? • because in an opinion for the court, ratio decidendiand the holding(s) are law – together they become precedent • dicta are not law. Generally, there are no dicta in well-crafted opinions • exception: some supreme court justices put dicta in footnotes to invite further cases.

  7. 5. re-read the holding(s) and restate it or them in your own words based on your understanding of the material facts and ratio decidendi • remember: the holding will be a legal conclusion, not a factual one! • also remember: in a criminal case, the question of guilty or nor guilty is a question of fact • but, for example, a conclusion such as "the prospect of starvation is never a defense to murder" is a legal holding.

  8. Case brief Name of case, date question(sP presented Material facts ratio decendi dicta holding

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