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A judicial opinion is a form of legal opinion written by a judge or a judicial panel in the course of resolving a legal dispute, providing the decision reached to resolve the dispute, and usually indicating the facts which led to the dispute and an analysis of the law used to arrive at the decision.
Judicial opinions serve three functions. First, written opinions com-municate a court’s conclusions and the reasons for them to the parties and their lawyers. Second, when published, opinions announce the law to judges, academics, other lawyers, and the interested public. Fi-nally, the preparation of a written opinion imposes intellectual disci-
Judicial opinions (also known as legal opinions, legal decisions, or cases) are written decisions authored by judges explaining how they resolved a particular legal dispute and explaining their reasoning. An opinion tells the story of the case: what the case is about, how the court is resolving the case, and why. Most legal opinion s follow a ...
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- Why Opinions Matter: Their Role in The American Legal System
- Where Opinions Come From: Civil Procedure and The Structure of The U.S. Courts
- The Timeline of A Copyright Infringement Case
- Appealing A Decision
- How to Read Opinions
- Appendix
The United States is a common-law jurisdiction, meaning that the overall framework of the U.S. legal system derives from the English common law. The distinguishing feature of a common-law jurisdiction is that judicial opinions are a source of law. Other common-law jurisdictions include the United Kingdom, India, and Nigeria. When judicial opinions ...
In the United States, each state has its own system of courts. There are also federal courts, which are not associated with particular states. Federal courts are the only courts empowered to hear and decide copyright cases, because copyright laws are federal.
Copyright infringement cases typically begin in federal district courts. District courts are the trial courts of the federal system. There is at least one district in each state, but some states are divided into multiple districts. For instance, New York is divided into the Eastern, Western, Northern, and Southern Districts. Most copyright cases ar...
When a district court issues a decision, the losing party is generally entitled to appeal that decision to a higher court.3The person who appeals a decision is known as the appellant, regardless of whether he was initially the plaintiff or the defendant. The party opposing the appellant is the appellee. To appeal successfully, the appellant must co...
Judicial opinions are typically presented in a way that enables the reader to glean a significant amount of information quickly. The caption, or name, of the case gives the names of the parties. For example, an important Supreme Court decision has the caption Campbell AKA Skyywalker, et al. v. Acuff-Rose Music, Inc. Acuff-Rose is appellee (and the ...
From: http://www.uscourts.gov/uscourts/images/CircuitMap.pdf 1. The court system is conceived of in a hierarchy—trial courts are lower or inferior courts, while appellate courts are higher ones. 2. 17 U.S.C. § 506 (2012). 3. The exception to this is that the government is not allowed to appeal a not-guilty verdict in a criminal case. 4. There is al...
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
Unlike most judicial opinions, an “advisory opinion” is a court’s nonbinding statement interpreting the law. “Per curiam opinion” is a judicial opinion issued under the name of the deciding appellate court. Thus, unlike most judicial opinions, per curiam opinions do not identify the judge who wrote the opinion.
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Judicial opinions serve three functions. First, written opinions commu~ nicate a court's conclusions and the reasons for them to the parties and their lawyers. Second, when published, opinions announce the law to other lawyers, judges, academics, and the interested public. Finally, the prepara~
