IDENTIFY THE PARTS OF A COURT OPINION.

Date Posted: 23/08/2018

Category: Law
Due Date: 25/08/2018

Instruction

You can either highlight and label the attached case, OR you can describe the starting and ending point, OR any combination that makes sense. If you decide to refer by page number, use the page number from the Slip Opinion. You will find the page numbers from the case embedded in the text of the opinion. (The correct citation for slip opinions is Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission , 584 U. S. , ___ (2018) (opinion of JJJJ) (slip op., at p-pp), Where JJJJ is the Justice authoring the separate opinion -- not needed for the opinion of the court), p-pp is the beginning and ending page numbers. Identify the following: The answers to questions 1-3 will be found in the attachment titled "1 Syllabus" Citation: Normally it is on the first page. See Miller, Chapter 1, Exhibit 1-5, for formatting guidelines. Who is involved in the case? Parties: Who petitioned the Supreme Court (the Petitioner)? Who is responding to the appeal (Respondent)? The Petitioner may be the plaintiff OR the defendant. The Respondent will be the opposing party to the Petitioner. Who heard the case? The names of the court and the name of the judges. (Normally found in the caption at the beginning of the opinion. In this slip opinion, it is found as part of the "1 Syllabus".) Where is the summary of the case? Sometimes the summary is set out separately (like an abstract). Sometimes it is the first few paragraphs of the opinion. I separated out the summary for you in separate document called "1 Syllabus". For the rest of the questions, identify the location in the opinion (See "2 Opinion of the Court"). There are only 7 pages to read, read them and identify the parts. What is the issue in this appeal? This appeal is about an alleged error in procedure by the lower court (or in this case a Commission). You can often find the “issue” by looking for the word “whether”. Identify what the two parties are arguing about in this appeal. Relevant facts. What are the facts relevant to this appeal? Do not get sidetracked by the facts relevant to the underlying case. Alleged Error by the Court: To appeal you must identify the alleged error made by the court below. What does Petitioner claim was the error(s) made below? What is the Applicable Standard(s) of Review? When a court is asked to review an appeal, there is always a standard associated with the review. This is usually easy to spot, because it will have its own heading. However, in this case it is difficult to find, so here is a huge hint. The applicable standard is based on the Constitution and the Free Exercise of Religion. Analysis. Where is the analysis (or discussion) located? What are the issues analyzed? Give a brief description of each issue (a few words) and the relevant page numbers. Conclusion: What is the conclusion of the Court? This will be found at the end of the analysis -- near the end of the case. Sometime the court helps you out by saying, “The Court concludes …”. Sometimes you have to hunt. Decision: The Court will end by giving instruction as to what should happen next, judicially speaking. For example, it may reverse the decision of the court below; it may uphold the decision of the court below; it may remand (which means to send the case back to the lower court) for further findings. EXTRA CREDIT There were several opinions issued in this case in addition to the "2 Opinion of the court". You will find each of these opinions attached (see attachments 3, 4, 5 and 6). Who authored each of these separate opinions and who joined in the separate opinion, did the opinion concur with or dissent from the court's opinion? Authored by: Joined by: Relationship to opinion of the court: (Dissent? Concur? Concur in part? Etc.) To earn even more extra credit, give a summary of the points made in each of these separate opinions. Precisely where did they take issue with the court's opinion which caused them to write a separate opinion? To earn even more extra credit, after you determine where the opinion differs from the court opinion, discuss which reasoning you prefer, i.e., do you agree more with the reasoning given by Justice Kennedy on behalf of the court, OR the opinion from the justice in the separate opinion. Be sure to justify your answer.

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