How to Read a Case A CLE by Lisa Benedetti October 7, 2021 This CLE will cover the fundamentals of how to read a case, particularly for litigating attorneys. We’ll go through the anatomy of a typical appellate opinion, cover the various standards of review, and talk about specifically what to look for when either using or distinguishing a case in motions practice. During the CLE, we will be using a specific opinion as our guide throughout this process, Magaña v. Hyundai Motor America, 167 Wn.2d 570, 220 P.3d 191 (2009). I.
ANATOMY OF AN OPINION
Judicial opinions – at least most modern ones – usually follow a similar pattern. Knowing this pattern is useful for a number of reasons. Of course it helps in navigating opinions quickly when doing legal research. But in a broader sense, it also helps as a guide for legal brief writing. Remember, clerks and judges read a lot of judicial opinions too, and are familiar with their structure. So the more you can mimic that structure when writing legal briefs, the more persuasive you’ll be. 1.
Introduction: This is usually a short section, maybe only a paragraph or two,
broadly summarizing the opinions contents, including whether the court “affirmed” or “reversed” the decision below.
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