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opinions of other members of the court, and writing dissenting and concurring opinions. Part 7 contains a list of books and articles that may be useful to those who want to read more about judicial writing. The appendices provide examples of some of the writings discussed in the manual, such as summary orders and dissenting opinions. 2.
Before actually putting pen to paper (or fingers to keys), you should ask the judge or a co-clerk for a sample opinion written by the judge. A sample opinion will provide you with a template that the judge previously found acceptable. If the judge is unable to produce. sample opinion, do not panic.
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The first opinion is the official opinion of the Court in the case. This is generally known as the “majority opinion,” which states the outcome of the case and explains how the Court reached that outcome. Sometimes the majority opinion is a unanimous opinion, which means that all of the Justices agreed on the outcome and the reasoning.
In-chambers opinions are written by an individual Justice to dispose of an application by a party for interim relief, e.g., for a stay of the judgment of the court below, for vacation of a stay, or for a temporary injunction. Justices may also write opinions relating to the orders of the Court, e.g., to dissent from a denial of certiorari or to ...
Cohen [ 1968 ]) to be heard in the Supreme Court, and that a case must be justiciable before the Court will consider ruling on it. 9. Four key aspects of the Court’s decision-making process are considered: agenda setting, oral arguments, conference, and opinion writing.
Similarly, the case name should not appear when citing the lower court decisions in your very case. Nor should you cite the reporters, federal or regional. Rather, cite only the cert petition appendix — which, of course, contains the lower court decisions. Thus, the proper cite (in, say, a merits brief) is “Pet. App. 17a,” not “ Smith v.
Wayne McCormack and Louisa M.A. Heiny, Judicial Process: Cases and Materials (2017) Abigail L. Perdue, The All-Inclusive Guide to Judicial Clerking (2017) Debra M. Strauss, Behind the Bench: The Guide to Judicial Clerkships (3d ed. 2023) Find resources for law students on drafting judicial opinions.
