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Structure of a Legal Opinion PowerPoint PPT Presentation


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Structure of a Legal Opinion. Parts of the Opinion. Title and Heading Introduction Brief summary of decision Facts/Background Standard of Review Issues/Analysis Legal Reasoning Holding Conclusion. Title and Heading. Official Citation Court Name Plaintiffs and Defendants - PowerPoint PPT Presentation

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Structure of a Legal Opinion

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Structure of a legal opinion

Structure of a Legal Opinion


Parts of the opinion

Parts of the Opinion

  • Title and Heading

  • Introduction

  • Brief summary of decision

  • Facts/Background

  • Standard of Review

  • Issues/Analysis

  • Legal Reasoning

  • Holding

  • Conclusion


Title and heading

Title and Heading

  • Official Citation

  • Court Name

  • Plaintiffs and Defendants

  • Docket Number

  • Date of Decision

  • Synopsis of Case

  • Brief disposition of case


Official citation

Official Citation

  • Case Name (Plaintiffs and Defendants)

  • Volume Number of Reporter

  • Reporter

  • Beginning Page Number

  • Court Name

  • Year of Decision

    Example: NRDC v. Evans, 254 F.Supp.2d 434 (S.D.N.Y. 2003).


Introduction

Introduction

Often includes:

Facts

Procedural history

Resolution of case


Standard of review

Standard of Review

Often crucial to the outcome of the case!

The more deferential the standard of review, the more likely the defendant will prevail.


Analysis irac

Analysis:“IRAC”

Issue, Rule, Analysis, Conclusion


Structure of a legal opinion

IRAC

  • Issue: The legal question court is asked to solve.

  • Rule: The general legal rules governing the issue (statutes and common law)

  • Analysis: The court explains how the legal rules apply to the facts of this case

  • Conclusion: The court’s decision, or holding, on each issue presented


Elements of a case brief

Elements of a Case Brief

1. Identification of the Case

2. Facts

3. Procedural History

4. Issue(s) and Holding(s)

5. Reasoning

6. Evaluation


Identification of case

Identification of Case

1. Name of case

2. Full citation

3. Optional: vote, author of opinion, legal topic classification, etc.

Example:

Brown v. Board of Education, 347 U.S. 483, 74 S. Ct. 686, 98 L. Ed. 873 (1954).

Vote: 9-0.

Author: Warren, C.J.

Legal Topics: Const. Law; Civil Rights


Facts

Facts

1. Principal parties to the dispute

2. Relationships among those parties

3. Events that led to the dispute


Procedural history

Procedural History

Which party/parties initiated legal action against which others?

2. The legal claims and relief sought (but keep this short!)

3. The disposition(s) of lower courts, if any

4. The authoring court’s disposition


Issue statement a k a question presented

Issue Statement(a.k.a Question Presented)

A material question of fact or law that arises from the claims, defenses, and arguments of the parties

Hint: Try to state the issue as narrowly as possible, tailoring it to the crucial facts and legal rules of the case


Structure of a legal opinion

EXAMPLE ISSUE STATEMENTS

BAD: “Did the trial court correctly grant summary judgment for the defendant?”

BETTER: “Is an employer liable in tort for discharging an at-will employee for a reason that violates public policy?”


Structure of a legal opinion

BEST: “Is the employer liable in tort for discharging an at-will employee because of her refusal to participate in a public ‘mooning’, a discharge that contravened the public policy against indecent exposure reflected in a criminal statute?”


Holding the court s answer to the question presented in the issue

Holding: The court’s answer to the question presented in the issue

Simple answer: Yes or No

Detailed answer: Transform issue into a holding in the form of a statement

Example:

“Yes. By discharging the employee because she refused to participate in a public ‘mooning,’ the employer violated public policy reflected in a criminal statute prohibiting indecent exposure.”


Reasoning

Reasoning

1. Rule and Rationale

2. Distinguishing Dicta

Dicta: Statements in the opinion that help explain the court’s reasoning but address questions not squarely presented in the dispute before the court


Evaluation

Evaluation

1. Was the reasoning convincing?

2. Did the court apply the proper standard of review?

3. Did the court properly analyze the statute or constitutional provision?

4. Did the court put the proper amount of emphasis on equitable considerations?


Martin v city of seattle 105 wn app 1041 2001

Martin v. City of Seattle, 105 Wn.App. 1041 (2001)


Structure of a legal opinion

Martin and other named plaintiffs appeal the trial court's dismissal on summary judgment of their class action lawsuit against the City of Seattle. The purported class consists of all persons who received parking tickets as a result of short-changing meters during a six-year period. Each parking ticket incurred a $20 fine.

We do not reach the merits of the claim because we conclude that this court lacks jurisdiction to hear the case. Under RCW 2.06.030, the appellate jurisdiction of this court does not extend to civil actions at law for the recovery of money or personal property when the original amount in controversy does not exceed the sum of $200. Appellants may not aggregate their claims against the City in order to reach the $200 limit so as to confer jurisdiction. [FN1] Therefore, we must dismiss the case.