Legal Analysis

Rationale

Rationale

What it is Reason for the decision or holding “The opinion” Utilizes traditional forms of logic

Deductive Start with rule More commonly used in legal reasoning

Rationale, cont.

The Holding is a rule of law that the appellate court reaches

The decision or conclusion is the result

Rationale describes how the court reached its conclusion or holding Includes the arguments it accepts and the

argument it rejects

Importance of Rationale When a reason for a rule fails, the rule also

fails

In applying case law to your facts, case law applies when facts and issues are the same

When facts are different, you must look to rationale

When reason for original rule no longer is valid, then rule must change i.e. Brown v. Bd of Educ. & Plessy v. Ferguson

Rationale

Reason for Court’s Holding

Based on logical reasoning

In a case brief you are summarizing the Court’s reason for its decision

Forms of Legal Reasoning or Analysis Rule Based Reasoning

Rules found in codes Rules found in cases

Analogical Reasoning Comparing and distinguishing cases

Policy Based Reasoning Good of society

Principle-Based Appeals to a trait valued by society

(morality, justice, fairness, etc.)

Analogical Reasoning

Appears in almost all case opinions

Comparison of facts Dickerson pg 298 (comparison with

Long)

Writing the Rationale Remember this is a summary—not

a commentary Describe the rules that the court is

relying on in reaching its conclusion Cases, statutes, constitutional

provisions, public policy Describe how court applied to rules

to facts of case to be briefed

Rationale Should Include Major Rules of Law

Constitutional provisions, cases, codes, public policy

May involve synthesis of various cases Analysis of Law and Facts

Why the court is using these rulesIs a case stare decisis?Is case analagous?Does a statute apply?Does public policy control

How the court applies the rules to your facts

Identify Major Rules

Select major rules Constitutional provisions Codes Cases: Look for cases that are

analyzed, not just mentioned

DO NOT CITE SECONDARY SOURCES AS AUTHORITY FOR RULES

Primary Law vs. Secondary Sources

Primary—constitutions, codes, cases, rules/regulations

Secondary sources—describe or explain primary law

Pg. 254-256

Writing the Analysis in the Rationale

Usually follow the same order as the court does

If possible follow deductive reasoning state general rules of law relied on by

court and then show how the facts of the case relate

Writing the Rationale/analysis 1. Identify the holding before writing

2. Ask: In general how did the court arrive at the holding (conclusion) Did the court rely on cases, statutes, other

considerations

HINT

Go through rationale part of opinion

In margin, write one sentence summary of each paragraph

Then consolidate and condense

ExampleRationale:

Rules: Fourth Amendment to U.S. Constitution The 4th Amendment protects against

unreasonable searches.Common Law: Until the 20th century a search occurred only if there was a trespass as defined by common law; at common law a visual surveillance was never a search because the eye could not trespass. Katz v. U.S. A non-trespass situations was held to be a search. The Court held that electronic eavesdropping of a telephone conversation on a public telephone was a search because the defendant had a reasonable expectation of privacy in the call.

ApplicationThe Court discussed the effect of technology on the right to expect privacy and recognized that various situations might require different results. In the case of the search of the interior of homes, the most commonly litigated area of protected privacy, there is a ready criterion, with roots deep in the Fourth Amendment and in common law. Individuals have an expectation of privacy within their home. Relying on Katz v. U.S., the Supreme Court stated that even though police did not physically enter the home, obtaining evidence from within the home through the use of modern technology was still a search. To withdraw protection of this expectation would be to permit police technology to erode the privacy guaranteed by the Fourth Amendment.

Examples

Arizona v. Hicks San Diego v. Roe Gideon v. Wainwright Brown v. Bd. Of Educ.

Briefing Cases Case Name and Citation Judicial History Facts Issue(s) Holding(s) Rationale

Rules Analysis

Conclusion

Case Briefs

Summary of opinion

No room for personal commentary or opinion

Book briefing Identify parts of brief in margin of

case

Briefing v. Notetaking

In addition to briefing, you may need other “notes” on a case for later use

Quotations--You may want to use language of court in Memorandum, trial brief or appellate brief

Note pages from official and unofficial sources of all quotes