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Comment and Notes

Theses to apply to a judicial opinion:

Case Note- Analyzing One Opinion.  "Analyzes one important case in-depth and describes how it affects the current body of law."   Source, at 929. 

  • The result was correct, but the court proposed no clear standard for guidance in the future; XYZ would be a workable standard.

  • The result was incorrect; the court creates an exception to a constitutional provision that could swallow the rule.

  • The result was incorrect; the court failed to look to the larger social context.

  • The result was incorrect; the court's interpretation is at odds with the goals of the statute.

  • The result was incorrect; further, the court's standard is so complex that the outcome of future cases cannot be predicted; ABC would be a better standard.

  • The result was correct, but the ruling protects one constitutional guarantee while endangering another.

  • The result was correct, but the court's reasoning obscured the proper inquiry.

  • The result was incorrect; the court failed to consider a significant issue which would have been dispositive.

  • The result was correct: however, the decision appears to overrule sub silentio an important line of cases.

  • The result was incorrect; it will result in an inefficient allocation of resources.

  • The result was incorrect; the court misconstrued or misused precedent.

See the book below for cites to articles illustrating the theses statements.

Elizabeth Fajans and Mary R. Falk, Scholarly Writing for Law Students at 9 (4th ed. 2011).  See the footnotes on pages 9-10.