How to Read a Legal Opinion
|
|
|
- Gary Gregory
- 5 years ago
- Views:
Transcription
1 How to Read a Legal Opinion
2 What is a legal opinion? Opinion written and issued by the court on a particular issue(s) in a lawsuit. Case law Not all lawsuits will generate a published opinion. Most opinions are generated at the appellate levels of the state and federal court systems. Only trial court to publish opinions are the federal trial courts. State courts do not.
3 Why study legal opinions? Civil law vs. common law systems Legislative law vs. judge made law United States uses a common law system Legislative branch (state and federal) enact law. Judicial branch interpret those laws. To understand the law, opinions must be read and utilized by courts. Concept of stare decisis Use cases to problem solve! Analogical reasoning is an important skill!
4 Formula for Legal Opinions Name of Case Tells you the names of the parties involved in the lawsuit Usually, the first name is the Plaintiff and second is the Defendant. Can change on appeal. Trial Court: Civil: Plaintiff v. Defendant Criminal: State v. Defendant Appellate Court: Appellant v. Appellee Supreme Court: Petitioner v. Respondent
5 Formula, cont d. Case Citations Set of letters and numbers How to find the case & whether the case controls. Name of reporter => name of the court U.S. United States Supreme Court F., F.2d, F.3d, etc. Federal Circuit Courts of Appeal F.Supp Federal District Courts (trial courts) Mich.App.- Michigan Court of Appeals Mich. Michigan Supreme Court Volume, name, page number of reporter in which opinion can be found & date of decision. 699 Mich. 107 (1994). 596 F.3d 105 (2015).
6 Preliminary Information Abstract Brief description of facts, history, and holding Headnotes Breaks case up into topics KeyCites Research Tool by West Attorneys and Law Firms Who represents what party Names of Judges who heard case Author of majority opinion
7 Just the Facts? Facts 2 types: Procedural Facts Where did the case come from? How? Decisions of lower courts Case Facts Whole story or only those relevant to issue(s) before the court
8 Issues before the Court Some cases have more than one legal issue opinion will be divided according to issue. Each section usually begins with a brief recitation of the law Statutes Regulations Other cases on same legal issue RULES section
9 Holding Opinion of court on the issue Generally begins with We hold that Not always. Usually very subjective Federal Trial Court: Usually a judgment is granted or denied. Courts of Appeal & Supreme Courts: Affirm, reverse, vacate decision of lower court
10 WHY? The Reasoning The WHY is the most important part of a case Where the court provides its reasoning for its opinion. Generally 5 types of WHY: Precedent Textual Intent Tradition Policy
11 Concurring and/or Dissenting Opinions Judges can disagree with majority, in whole or in part Dissenting Opinion written by judge(s) who disagree with all or part of a majority opinion Concurring Opinion written by judge(s) who agree with all or part the majority opinion, but want to clarify their position on legal rationale of majority, policies, etc.. Can concur in part, and dissent in part. What if there is no majority??
12 Terms of Art Lawyers speak their own language Latin, English, and French Pronunciation matters! Not okay to: Skip the hard words. Read a case without looking them up. Go to class without a making an effort to understand the language used in the opinion. Wait for someone to tell you what they mean.
13 What do most law students read for class? Excerpts, not full opinions. Why? Focus the reader on the topic being studied. What may be left out? Facts not relevant to topic being studied Issues not relevant to the topic being studied Some procedural history Some reasoning Concurring and/or dissenting opinions
14 Winterbottom v. Wright Excerpt or Full Opinion? What is the case citation? 20 Meeson & Welsby 109 (Exchequer of Pleas [England] 1842). What is the first paragraph in brackets? There are 4 judges listed. Which paragraph is the majority opinion? What are the other paragraphs?
15 Winterbottom, cont d. Facts? Procedural history? Applicable law? Holding? Reasoning? Is there a dissent or concurrence? Words you didn t know/understand?
16 Important Reading Tips for 1Ls Cases are filled with unfamiliar language. Get a good legal dictionary! Cases take TIME to read and comprehend! Make time to read when you are awake and in an environment that is limited by distractions. Be curious and willing to work to understand. Don t wait for someone to explain it to you! Work for your knowledge. Think about how the case would apply to your problem. Reason by analogy.
Research Guide: One L Dictionary
Research Guide: One L Dictionary This One L Dictionary is designed to provide easy reference to vocabulary commonly used in the legal community and to assist in your introduction to a new vocabulary; or
HOW TO READ A LEGAL OPINION
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
11 Green Bag 2d 51. Green Bag Autumn, Article. HOW TO READ A LEGAL OPINION A Guide for New Law Students. Orin S. Kerr a1
11 Green Bag 2d 51 Green Bag Autumn, 2007 Article HOW TO READ A LEGAL OPINION A Guide for New Law Students Orin S. Kerr a1 Copyright 2007 by The Green Bag, Inc.; Orin S. Kerr This essay is designed to
The Federalist, No. 78
The Judicial Branch January 2015 [T]he judiciary is beyond comparison the weakest of the three departments of power; that it can never attack with success either of the other two; and that all possible
Chapter 6 Study Guide
Chapter 6 Study Guide Question 1 2.5 / 2.5 points An example of a limited-jurisdiction trial court is: A) Juvenile court. B) Probate court. C) Both of the above. Question 2 All of the following courts
Terms to Know. In the first column, answer the questions based on what you know before you study. After this lesson, complete the last column.
Lesson 1: Federal Courts ESSENTIAL QUESTION How can governments ensure citizens are treated fairly? GUIDING QUESTIONS 1. What is the role of the federal courts? 2. What kinds of cases are heard in federal
4.17: SUPREME COURT. AP U. S. Government
4.17: SUPREME COURT C AP U. S. Government Article III of the Constitution establishes the Supreme Court as the this co-equal branch of the US government. In its early history the Court was not so prestigious.
Civil vs Criminal Cases
Chapter Objectives Describe the state court system and its politics Analyze sources and consequences of the power of the federal judiciary and compare/contrast approaches to constitutional interpretation
Judicial Branch 11/11 11/14
Judicial Branch { 11/11 11/14 What Supreme Court case desegregated American schools by striking down the separate, but equal doctrine? Brown v. Board of Education (1954) Warmup Warmup Supreme Court PPT
Briefing a Case. Advanced Legal Analysis and Writing Class 1 Slide 1
Briefing a Case This is meant for your own personal reference. This can be done when studying an area of law or when a case will be used in your work. A brief should include each of the following elements:
The Judiciary AP Government Spring 2016
The Judiciary AP Government Spring 2016 [T]hough individual oppression may now and then proceed from the courts of justice, the general liberty of the people can never be endangered from that quarter;
Introduction. The Structure of Cases
Appendix: Reading and Briefing Cases Introduction A unique aspect of studying criminal procedure is that you have the opportunity to read actual court decisions. Reading cases likely will be a new experience,
Jurisdiction. Appointed by the President with the Advice and Consent of the Senate according to Article II, Section 2
The Judicial Branch Jurisdiction Federal Courts Article III, Section 1 vests judicial power in the Supreme Court and other inferior courts created by Congress Judges serve during good Behavior Appointed
OF FLORIDA THIRD DISTRICT. Appellant, ** CASE NO. 3D vs. ** LOWER TRIBUNAL NO THE STATE OF FLORIDA, **
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2003 FAUSTINO BLANCO, ** Appellant, ** CASE
Guided Reading & Analysis: The Judicial Branch - Chapter 6, pp
Guided Reading & Analysis: The Judicial Branch - Chapter 6, pp 189-228 Purpose: This guide is not only a place to record notes as you read, but also to provide a place and structure for reflections and
The Federal Courts. Chapter 16
The Federal Courts Chapter 16 The Nature of the Judicial Introduction: Two types of cases: System Criminal Law: The government charges an individual with violating one or more specific laws. Civil Law:
AP Government Chapter 15 Reading Guide: The Judiciary
AP Government Chapter 15 Reading Guide: The Judiciary 1. According to Federalist 78, what s Hamilton s argument for why the SCOTUS is the weakest of the branches? Do you agree? 2. So the court has the
CHAPTER ON READING AND BRIEFING CASES
CHAPTER ON READING AND BRIEFING CASES Revised 4/27/10 Introduction to Law Reading Assignment Introduction There are many law-school skills that will require at least your entire first semester to develop.
Possible Judiciary FRQs
Name: Class Period: Possible Judiciary FRQs Essay 1 Compare and contrast civil and criminal law 2 Define and discuss the principle of stare decisis 1 Name: 3 Compare and contrast original and appellate
THE NATURE OF THE JUDICIAL SYSTEM
THE FEDERAL COURTS THE NATURE OF THE JUDICIAL SYSTEM Introduction: An Adversarial relationship Two types of cases: Criminal Law: The government charges an individual with violating one or more specific
The Federal Courts. Chapter 16
The Federal Courts Chapter 16 3 HISTORICAL ERAS OF INFLUENCE 1787-1865 Political Nation building (legitimacy of govt.) Slavery 1865-1937 Economic Govt. roll in economy Great Depression 1937-Present Ideological
Illinois YMCA Youth and Government. Judicial Program Pre-Leg II
Illinois YMCA Youth and Government Judicial Program Pre-Leg II - 2014 1 Agenda Big Group Stuff Part 1 (about 35 minutes) Introductions, Attendance, Other Official Stuff Review stare decisis and hierarchy
STATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS RJMC CORPORATION, d/b/a BARNSTORMER, Plaintiff/Counter-Defendant- Appellee, UNPUBLISHED April 14, 2016 v No. 326033 Livingston Circuit Court GREEK OAK CHARTER TOWNSHIP,
STATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED June 3, 2010 v No. 293142 Saginaw Circuit Court DONALD LEE TOLBERT III, LC No. 07-029363-FC Defendant-Appellant.
IN THE COURT OF APPEALS OF INDIANA
FOR PUBLICATION ATTORNEY FOR APPELLANT: ATTORNEYS FOR APPELLEE: R. PATRICK MAGRATH GREGORY F. ZOELLER Alcorn Goering & Sage, LLP Attorney General of Indiana Madison, Indiana CHANDRA K. HEIN Deputy Attorney
Order. September 24, 2018
Order Michigan Supreme Court Lansing, Michigan September 24, 2018 153209 PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v SC: 153209 COA: 330148 Calhoun CC: 2015-000455-FH KEITH EDWARD WORTHINGTON,
What exactly does it say? What is the law designed to do? What is the purpose (or intent) of the law?
American Law You Be The Judge a. b. c. What exactly does it say? What is the law designed to do? What is the purpose (or intent) of the law? Need to keep in mind the LETTER and the SPIRIT (intent) of
Chapter Summaries. CHAPTER 1 Law and Sources of Law
Chapter Summaries CHAPTER 1 Law and Sources of Law The federal and state governments are each made up of three branches: legislative, judicial, and executive. The judicial branch (the courts) produces
Chapter 6: The Judicial Branch
Chapter 6: The Judicial Branch Essential Question How do the nation s courts compete and cooperate with the other branches to settle legal controversies and to shape public policy? p. 189 U.S. District
STATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED March 17, 2016 v No. 324889 Oakland Circuit Court CEDRIC JAMES SIMPSON, LC No. 2012-243160-FH Defendant-Appellant.
Unit V: Institutions The Federal Courts
Unit V: Institutions The Federal Courts Introduction to Federal Courts Categories of law Statutory law Laws created by legislation; statutes Common law Accumulation of court precedents Criminal law Government
United States Court of Appeals for the Federal Circuit
NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit 2010-5012 PETER H. BEER, TERRY J. HATTER, JR., THOMAS F. HOGAN, RICHARD A. PAEZ, JAMES ROBERTSON, LAURENCE H.
STATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED September 22, 2005 v No. 255873 Jackson Circuit Court ALANZO CALES SEALS, LC No. 04-002074-FC Defendant-Appellant.
IN THE COURT OF APPEAL
No. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA ZEUS BANK, and JOSEPH BLACK, Petitioners, vs. SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF REDWOOD Respondent. PAUL GREEN, Real Party in Interest.
STATE OF OHIO, BELMONT COUNTY IN THE COURT OF APPEALS SEVENTH DISTRICT
[Cite as State v. LaFever, 2003-Ohio-6545.] STATE OF OHIO, BELMONT COUNTY IN THE COURT OF APPEALS SEVENTH DISTRICT STATE OF OHIO ) CASE NO. 02 BE 71 ) PLAINTIFF-APPELLEE ) ) VS. ) OPINION ) DIANA R. LaFEVER
IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT LAKE COUNTY, OHIO
[Cite as State v. Starr, 2016-Ohio-2689.] IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT LAKE COUNTY, OHIO STATE OF OHIO, : O P I N I O N Plaintiff-Appellee, : - vs - : CASE NO. 2015-L-113 WILLIAM
Chapter 7: The Judicial Branch
Chapter 7: The Judicial Branch US Government Week of January 22, 2018 [T]he judiciary is beyond comparison the weakest of the three departments of power; that it can never attack with success either of
acquittal: Judgment that a criminal defendant has not been proved guilty beyond a reasonable doubt.
GlosaryofLegalTerms acquittal: Judgment that a criminal defendant has not been proved guilty beyond a reasonable doubt. affidavit: A written statement of facts confirmed by the oath of the party making
STATE OF OHIO, COLUMBIANA COUNTY IN THE COURT OF APPEALS SEVENTH DISTRICT
[Cite as State v. Mace, 2007-Ohio-1113.] STATE OF OHIO, COLUMBIANA COUNTY IN THE COURT OF APPEALS SEVENTH DISTRICT STATE OF OHIO, ) ) CASE NO. 06 CO 25 PLAINTIFF-APPELLEE, ) ) - VS - ) O P I N I O N )
STATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS EUSEBIO SALDANA, individually and as the personal representative of the ESTATE OF MICHAEL SALDANA, and JOSEPHINE SALDANA, UNPUBLISHED August 4, 2016 Plaintiffs-Appellants,
The First Amendment. This course is fundamentally a study of the First Amendment freedoms and how they apply to the media.
The First Amendment This course is fundamentally a study of the First Amendment freedoms and how they apply to the media. The First Amendment says: Congress shall make no law respecting an establishment
v No Kent Circuit Court
S T A T E O F M I C H I G A N C O U R T O F A P P E A L S PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED March 22, 2018 v No. 337424 Kent Circuit Court MARK-ANTHONY DUANE ASHLEY, LC No.
Chapter 14 AP GOVERNMENT
Chapter 14 AP GOVERNMENT Who should decide handout? Youtube hip hughes history Marbury v. Madison https://sites.google.com/view/ap-govdocuments/scotus-cases/marbury-v-madison-1803 9 Justices Appointed
STATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS AMERICAN PAYTEL CORPORATION PAYTEL STOCKHOLDERS, UNPUBLISHED November 30, 2001 Plaintiffs-Appellees, v No. 231594 Ingham Circuit Court ROBERT MILLER, GLORIA MILLER, STACEY
STATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED June 11, 2015 v No. 320973 Ionia Circuit Court DAMACENO RICHARD ABREGO, LC No. 2013-015796-FH Defendant-Appellant.
NO. CAAP IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I
NO. CAAP-13-0003754 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I TIMMY HYUN KYU AKAU, Petitioner-Appellant, v. STATE OF HAWAI'I, Respondent-Appellee APPEAL FROM THE DISTRICT COURT OF THE
CHAPTER 3. Court Systems. 3-1 Forms of Dispute Resolution 3-2 The Federal Court System 3-3 State Court Systems
CHAPTER 3 Court Systems 3-1 Forms of Dispute Resolution 3-2 The Federal Court System 3-3 State Court Systems 3-1 Forms of Dispute Resolution GOALS Explain how disputes can be settled without going to court
2017 VT 109. No On Appeal from v. Superior Court, Windsor Unit, Criminal Division. Juan Villar September Term, 2017
NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions
v No St. Clair Circuit Court
S T A T E O F M I C H I G A N C O U R T O F A P P E A L S MICHAEL ZORAN, KYLE SUNDAY, and AUSTIN ADAMS, Plaintiffs-Appellants, FOR PUBLICATION December 28, 2017 9:00 a.m. v No. 334886 St. Clair Circuit
STATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, FOR PUBLICATION April 25, 2013 9:00 a.m. v No. 300405 Wayne Circuit Court MARLON JERMELL HOWELL, a/k/a JIMMIE LC
STATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS EDWARD STANLEY KANCIK, JR., Plaintiff-Appellant/Cross Appellee, UNPUBLISHED January 11, 2011 v No. 294271 Oscoda Circuit Court GREENWOOD TOWNSHIP, LC No. 08-004331-CD
STATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED January 17, 2017 v No. 328890 Calhoun Circuit Court JOSEPH EDWARD-JARED ROTHWELL, LC No. 2012-002654-FH
Circuit Court for Baltimore City Case Nos UNREPORTED
Circuit Court for Baltimore City Case Nos. 105140024-27 UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 567 September Term, 2017 CAMERON KNUCKLES v. STATE OF MARYLAND Woodward, C.J., Graeff,
***JURISDICTION: A court s power to rule on a case. There are two primary systems of courts in the U.S.:
THE FEDERAL COURTS ***JURISDICTION: A court s power to rule on a case. There are two primary systems of courts in the U.S.: STATE COURTS Jurisdiction over ordinances (locals laws) and state laws (laws
Constitution. Statutes. Administrative Rules. Common Law
Constitution Statutes Administrative Rules Common Law Drafters / Ratifiers Ratification Constitution Legislatures Enactment Statutes Administrative Agencies Promulgation Administrative Rules Courts Opinion
Circuit Court for Carroll County Case No. 06-C UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No September Term, 2016
Circuit Court for Carroll County Case No. 06-C-16-070621 UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 2421 September Term, 2016 ANTONIO L. BROWN v. STATE OF MARYLAND, ET AL. Woodward, C.J.,
Chapter 5: Drafting Legal Memoranda
Chapter 5: Drafting Legal Memoranda Introduction The legal memorandum is to U.S. law firms what the business strategy document is to corporations. It is intended to present a thorough and clear analysis
IN THE COURT OF APPEALS OF INDIANA. F.D.F., ) ) Appellant-Defendant, ) ) vs. ) No. 24A CR-232 ) STATE OF INDIANA, ) ) Appellee-Plaintiff.
FOR PUBLICATION Nov 16 2009, 9:59 am of the supreme court, ATTORNEY FOR APPELLANT: JOHN L. KELLERMAN II Batesville, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana NICOLE
Chapter Fifteen: The Courts
1 Chapter Fifteen: The Courts Learning Objectives 2 Explain such major concepts of the American legal system, such as the common law tradition, precedent, jurisdiction, judicial review, and stare decisis.
4.16: Intro to Federal Judiciary AP U. S. GOVERNMENT
4.16: Intro to Federal Judiciary AP U. S. GOVERNMENT The Judicial Branch The judicial branch of the federal government consists of all federal courts. Article III of the Constitution established the U.S.
1. Which Article of the Constitution created the federal judiciary?
9 The Judiciary Multiple-Choice Questions 1. Which Article of the Constitution created the federal judiciary? a. Article III b. Article II c. Article VI d. Article I e. Article IX 2. According to Article
STATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS GATCHBY PROPERTIES, L.P., Plaintiff-Appellant, UNPUBLISHED March 5, 2002 v No. 217417 Antrim Circuit Court ANTRIM COUNTY ROAD COMMISSION, LC No. 97-007232-CH TOWNSHIP
STUDYING THE U.S. CONSTITUTION
A. DISTINCTIVE ASPECTS OF U.S. JUDICIAL REVIEW 1. Once in office, all federal Article III judges are insulated from political pressures on continued employment or salary reduction, short of the drastic
Anatomy of an Appeal By Michelle May O Neil
By Michelle May O Neil I. What is an appeal? The Nolo online legal dictionary defines an appeal as follows: A written request to a higher court to modify or reverse the judgment of a trial court or intermediate
LA Law Library Locations
LA Law Library Locations Main Library: (Corner of 1st & Hill) 301 W. First Street Los Angeles, CA 90012 (213) 785-2529 Mon, Wed, Thu, Fri: 8:30 6:00pm Tue: 8:30 8:00 pm Sat: 9:00 5:00 pm Courthouse Branch
STATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS NAGI ZARKA, Petitioner-Appellee, UNPUBLISHED November 25, 2003 v No. 239391 Ingham Circuit Court STATE EMPLOYEES RETIREMENT SYSTEM, LC No. 01-092988-AA Respondent-Appellant.
SUPREME COURT OF THE UNITED STATES
(Bench Opinion) OCTOBER TERM, 2006 1 NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes
STATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS DETROIT METROPOLITAN CREDIT UNION, Plaintiff-Appellee, UNPUBLISHED May 29, 2014 v No. 312121 Wayne Circuit Court ELLIOT R. SCHORE, LC No. 10-005743-CK Defendant-Appellant,
BANKRUPTCY APPELLATE PANEL
By order of the Bankruptcy Appellate Panel, the precedential effect of this decision is limited to the case and parties pursuant to 6th Cir. BAP LBR 8024-1(b). See also 6th Cir. BAP LBR 8014-1(c). File
The Courts. Chapter 15
The Courts Chapter 15 The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating one or more specific laws. Civil Law: The court
STATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED December 3, 2002 v No. 234028 Wayne Circuit Court PAUL E. MCDANIEL, LC No. 00-000613 Defendant-Appellant.
HOW TO READ A LEGAL OPINIoN
HOW TO READ A LEGAL OPINIoN A GUIDE FOR NEW LAW STUDENTS Grin S. Kerr This essay is designed to help new law students preparefor the firstfew weeks of class. It explains what judicial opinions are, how
Chapter 10: The Judiciary
Chapter 10: The Judiciary Constitution and Creation of the Federal Judiciary Read Article III and answer: Discuss justices/judges: terms, appointments, remuneration What powers and jurisdiction does the
STATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED November 1, 2005 v No. 253553 Barry Circuit Court DEANDREA SHAWN FREEMAN, LC No. 03-100230-FH 03-100306-FH
The Judicial System (cont d)
The Judicial System (cont d) Alexander Hamilton in Federalist #78: Executive: Holds the sword of the community as commander-in-chief. Congress appropriates money ( commands the purse ) and decides the
Types of Briefs to a Trial Court
Types of Briefs to a Trial Court Briefs in support of a motion that will settle the case. E.g., Motions to dismiss Cases that are settled based on the law and not the facts Briefs in connection with discovery
Supreme Court s New Standard of Review for Claim Construction
Supreme Court s New Standard of Review for Claim Construction C. Erik Hawes February 20, 2015 www.morganlewis.com Supreme Court continues to rein in CAFC Question: [W]hat standard the Court of Appeals
Chapter 18 The Judicial Branch
Chapter 18 The Judicial Branch Creation of a National Judiciary The Framers created the national judiciary in Article III of the Constitution. There are two court systems in the United States: the national
STATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS MARY MULLINS, Personal Representative of the Estate of NINA F. MULLINS, Deceased, Plaintiff-Appellee, FOR PUBLICATION January 31, 2006 9:10 a.m. v No. 263210 Washtenaw
Unit G: Citations. What are We Doing? Gideon v Wainwright, 372 US 335, 83 S Ct 792, 9 L Ed 2d 799 (1963) 10/1/16
Unit G: Citations What are We Doing? 1. How to Read Citations from Law 2. Citation Manuals a) Bluebook b) ALWD c) Tanbook 3. Writing Citations for the NY Style Manual (Tanbook) Gideon v Wainwright, 372
IN THE SUPREME COURT OF FLORIDA CASE NO. SC BERTHA JACKSON, PETITIONER, vs. STATE OF FLORIDA, RESPONDENT.
IN THE SUPREME COURT OF FLORIDA CASE NO. SC07-659 BERTHA JACKSON, PETITIONER, vs. STATE OF FLORIDA, RESPONDENT. ON DISCRETIONARY REVIEW FROM THE SECOND DISTRICT COURT OF APPEAL BRIEF OF PETITIONER ON JURISDICTION
Magruder s American Government
Presentation Pro Magruder s American Government C H A P T E R 18 The Federal Court System 2001 by Prentice Hall, Inc. C H A P T E R 18 The Federal Court System SECTION 1 The National Judiciary SECTION
2017 CO 60. Osvaldo Corrales-Castro pled guilty to criminal impersonation and received a
Opinions of the Colorado Supreme Court are available to the public and can be accessed through the Judicial Branch s homepage at http://www.courts.state.co.us. Opinions are also posted on the Colorado
The American Court System BASIC JUDICIAL REQUIREMENTS. Jurisdiction
The American Court System BASIC JUDICIAL REQUIREMENTS Before a lawsuit can be brought before a court, certain requirements must first be met. These include: Jurisdicti on Venue Standing to Sue Jurisdiction
STATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, FOR PUBLICATION March 22, 2005 9:05 a.m. v No. 250776 Muskegon Circuit Court DONALD JAMES WYRICK, LC No. 02-048013-FH
21/12/2009 A SURVEY COURSE. Agenda. 1. Topics Covered on the Exam. 2. Sample Exam Questions. 3. Questions
A SURVEY COURSE Agenda 1. Topics Covered on the Exam 2. Sample Exam Questions 3. Questions 1 Topics Covered on the Exam Federalism (Federal Courts vs. State Courts) Common Law/Primary vs. Secondary Authorities/Stare
Patterson, Chapter 14. The Federal Judicial System Applying the Law. Chapter Quiz
Patterson, Chapter 14 The Federal Judicial System Applying the Law Chapter Quiz 1. Federal judges are a) nominated by the Senate and approved by both houses of Congress. b) nominated by the president and
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Page 1 of 5 Order Number 2015-18-Gen ADMINISTRATIVE ORDER ESTABLISHING PROCEDURES FOR CIRCUIT COURT APPEALS AND
STATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS G&B II, P.C., Plaintiff-Appellant, UNPUBLISHED July 15, 2014 V No. 315607 Oakland Circuit Court EDWARD J. GUDEMAN and GUDEMAN & LC No. 2011-121766-CK ASSOCIATES, P.C.,
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE NOVEMBER 1997 SESSION
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE NOVEMBER 1997 SESSION FILED December 23, 1997 WILLIE JOSEPH LAGANO, Cecil W. Crowson Appellate Court Clerk Appellant, No. 01C01-9701-CC-00009
STATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED October 18, 2011 v No. 299173 Ingham Circuit Court MARTIN DAVID DAUGHENBAUGH, LC No. 89-058934-FC Defendant-Appellant.
UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No September Term, 2014 IN RE: MALIK L.
UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1500 September Term, 2014 IN RE: MALIK L. Meredith, Berger, Kenney, James A., III (Retired, Specially Assigned), JJ. Opinion by Berger, J. Filed:
Supreme Court of Florida
Supreme Court of Florida No. SC01-1402 PER CURIAM. WALTER J. GRIFFIN, Petitioner, vs. D.R. SISTUENCK, et al., Respondents. [May 2, 2002] Walter J. Griffin petitions this Court for writ of mandamus seeking
IN THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
IN THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ) INTERNATIONAL REFUGEE ASSISTANCE ) PROJECT, et al., ) ) Plaintiffs-Appellees, ) ) v. ) No. 17-1351 ) DONALD J. TRUMP, et al., ) ) Defendants-Appellants.
COLORADO COURT OF APPEALS
COLORADO COURT OF APPEALS 2016COA98 Court of Appeals No. 14CA1549 Pueblo County District Court No. 12CR83 Honorable Victor I. Reyes, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Tony
IN THE COURT OF APPEALS
[Cite as State v. Phillips, 2014-Ohio-5309.] STATE OF OHIO, MAHONING COUNTY IN THE COURT OF APPEALS SEVENTH DISTRICT STATE OF OHIO, ) ) CASE NO. 14 MA 34 PLAINTIFF-APPELLEE, ) ) - VS - ) OPINION ) KEITH
v No Wayne Circuit Court
S T A T E O F M I C H I G A N C O U R T O F A P P E A L S PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED November 21, 2017 v No. 333317 Wayne Circuit Court LAKEISHA NICOLE GUNN, LC No.
UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No September Term, 2014 DUANE JOHNSON, JR. STATE OF MARYLAND
UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 2244 September Term, 2014 DUANE JOHNSON, JR. v. STATE OF MARYLAND Eyler, Deborah S., Arthur, Salmon, James P. (Retired, Specially Assigned), JJ.
Appellate Brief Writing. By The Honorable Thomas D. Waterman Justice Iowa Supreme Court
Appellate Brief Writing By The Honorable Thomas D. Waterman Justice Iowa Supreme Court 1 Combine the ideal brief with the stellar oral argument Practice the ABC s Accuracy Brevity Clarity 2 THE IDEAL BRIEF
laws created by legislative bodies.
THE AP AMERICAN GOVERNMENT STUDY GUIDE CLASSIFICATION OF LEGAL ISSUES TYPE OF CASE CIVIL CASES CRIMINAL CASES covers issues of claims, suits, contracts, and licenses. covers illegal actions or wrongful