Douglas Glaeser
Director of Governmental and External Affairs
California State Polytechnic University, Pomona
Attempting to read and understand the written opinions of courts and judges can be a frustrating experience. Not only do judges write in what appears to be a foreign language ("legalese"); they often utilize confusing and obscure logic and reasoning.
The following outline will assist you in working through this judicial maze. Using it will not solve all of the problems associated with the reading of judicial opinions. What it will do is identify things to look for and provide a "map" to get from beginning to end.
Facts
- Who/what are the parties involved in the case?
- What are the circumstances that have brought these parties into court?
- What statutes(s), if any, is(are) involved in the dispute? What are the pertinent provisions in the statute(s) and what does it appear to require of the parties?
- What is the historical context of the dispute - the date, for one thing, and the circumstances and events surrounding it?
- In what court is the case being decided? Is there a possibility of further appeal or overturning of this decision? What have other courts already done with this case?
Issue and Holding
- Issue: What is the issue being decided here? The issue should be stated as a question that can be answered "yes" or "no." Of course, in some cases, there may be more than one issue to be decided. NOTE: Be sure you identify the issue(s) the court is deciding, not the issue(s) you think the court should address. To understand the opinion, you need to understand specifically what the court is addressing; however, it is always appropriate for you to argue that the court has addressed the wrong issue(s).
- Holding: What is the answer given by the court in resolving the issue(s)? This is the "yes" or "no" of the issue question(s) you developed.
Reasoning and Application
- Why does the court answer "yes" or "no" to the issue questions(s)? What is the explanation offered to justify the conclusion reached? NOTE: This is probably the most important part of your reading of the case. It is here that the "rule of the case" is established - that is, the legal principle which then becomes the precedent for deciding future cases.
- How can this reasoning be applied to future cases? What are the implications for other situations if this "rule of law" is used to decide the outcome of those situations
