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A judicial opinion informs parties of the outcome of their case and articulates the legal principles on which the decision is based in order to guide the bench, the bar, academia, and the public.
Part II of this article examines how to properly draft a judicial opinion. This part identifies what an opinion is and what its purposes and goals are. This part also provides tips regarding the steps to take when preparing to draft an opinion, and offering advice for drafting.
Find resources for law students on drafting judicial opinions.
Jun 5, 2024 · In this title, the author uses real-world examples taken from opinions and dissents written by notable judges and justices to provide tips and strategies in legal writing.
- Quality of Writing
- Formulation of A Legal Opinion
- The Writing Process
- Using The Law in A Legal opinion.
The primary purpose of a legal opinion is communication of advice to either a lay or professional client. It is therefore of the utmost importance that it is clear and in plain, understandable English. Every word of the legal opinion should be chosen by the writer because it communicates precisely the advice which the writer intends to covey. It is...
A request for a legal opinion will usually come in written form. Such a request will usually include any documents in the case. The request for a legal opinion will include at least one and usually a number of questions which the legal advisor is being asked to address. For a barrister an instruction to provide a legal opinion will come from a soli...
The legal opinion should be written following a structure. It should be entitled OPINION or ADVICE and contain the title of the case in the heading. The first paragraphs should serve as an introduction to the legal opinion, laying out the salient facts and what you have been asked to advise about. At this point, many legal opinions will set out the...
There is no need to set out basic principles of law with which the reader will be familiar. Otherwise, authorities should be cited to support propositions of laws and when doing so a full citation should be given. It is important to prioritise the authorities cited in a legal opinion in order of importance to the point being addressed. If a particu...
opinion joined by the majority of judges on that court. Although most decisions are unanimous, some cases are not. Some judges may disagree and will write a separate opinion offering a different approach. Those opinions are called “concurring opinions” or “dis senting opinions,” and they appear after the majority opinion. A
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Legal brief-writing and judicial opinion-writing have much in common. Clarity and concision are overarching goals for both lawyers and judges alike. And, while everyone understands that the primary purpose of a brief is to persuade, few recognize that opinions, too, must be persuasive.1 This article suggests two fruitful ways
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