Reading Constitutional Cases

Question 1

Legal Precedent

Answer 1

Prior cases that outline how all subsequent cases with similar case facts should be decided / ruled on.

Question 2

Stare Decisis

Answer 2

“Let the decision stand.”
Courts with cases similar in fact to legal precedent should follow the same reasoning and rule in the same way the precedent did.

The principle that makes legal precedent binding.

Question 3

Reason By Analogy

Answer 3

Where judges may decide to rule in the same way as legal precedent on similar cases that have subtle differences.

Question 4

Law-Fact Distinction

Answer 4

Helps judges to understand and draw connections between two factually separate cases.

Allows judge to apply same law across two different cases.

Question 5

Hierarchy of State and Federal Court

Answer 5

State:
Trial → Appellate → State Supreme → SCOTUS

Federal:
District → Circuit → SCOTUS

Question 6

Decisions made by the US Supreme Court are _____________ to all ___________ federal courts. The decisions made by federal _____________ courts only hold _____________ within the court’s respective geographic ________________.

Answer 6

binding; lower; circuit; jurisdiction; district

Question 7

6 Questions to ask yourself (and take notes on) as your reading a case:

Answer 7

1) What is the background of the case?
2) What are the facts of the case?
3) What is the legal question used, and how does the court answer it?
4) What reasoning does the court use to support their decision?
5) Is there any other reasoning (types of decisions made)?
6) How does this decision fit in with other cases?

Question 8

All Types of Opinions in Court:

Answer 8

Majority Opinion
- More than half of court agrees to an opinion.
Concurring Opinion
- When a justice agrees with the prevailing opinion, but differs in the reasoning of their opinion.
Plurality Opinion
- When there are not enough votes to constitute a majority opinion, though more than half of the court agrees with the leading opinion.
- Ex. 5 of the 9 justices agree, but one of the 5 disagrees with the reasoning behind the decision (in a concurring opinion). 4 is less than half of 9, and is not enough to constitute majority.
Dissenting Opinion
- Opinion of justices that disagree with majority opinion.
Concur in Part
Dissent in Part
Separate Opinions
- If there is a 4-4 even break, where one judge is not sitting on the bench to preside over case, then the justices will write separate opinions, which are NOT legally binding.