Law to Fact

How to Read a Legal Opinion


Listen Later

In this episode ...
Orin Kerr, Professor of Law, Berkeley Law School, explains how to read a legal opinion.  The episode is an exploration of Prof. Kerr's essential article, How To Read A Legal Opinion: A Guide For New Law Students, 11 Greenbag 2d 51 (2007).  Professor Kerr discusses the parts of a brief, what aspects of a case matter to a law professor and emphasizes the need for learning the new language of the law.  He acknowledges his own struggles with case law reading when he began law school (we both do), and encourages students to recognize the learning curve involved in reading a judicial opinion.

Some key takeaways are...

  1. There is not necessarily a right answer in law school, so don't look for a "right answer" in a case.
  2. Facts matter, particularly the facts of a case that are relevant to the court's reasoning.
  3. Pay attention to a court's reasoning and don't discount the dissent.
  4. Reading cases isn't easy; we have all struggled with the experience!


About our guest...
Professor Orin Kerr joined the Berkeley Law faculty in 2019 after serving as the Frances R. and John J. Duggan Distinguished Professor at the University of Southern California Gould School of Law. From 2001 to 2017, he was a professor at the George Washington University Law School. Kerr has previously been a visiting professor at the University of Chicago and the University of Pennsylvania. An accomplished teacher, Kerr received the outstanding teaching award from the George Washington Law School Class of 2009.

Kerr specializes in criminal procedure and computer crime law, and he has also taught courses in criminal law, evidence, and professional responsibility. He has written more than 60 law review articles, over 40 of which have been cited in judicial opinions (including seven articles that have been cited in U.S. Supreme Court opinions). His scholarship also has been cited by more than 3,000 academic articles. In addition to writing law review articles, Kerr has authored popular casebooks, co-authored the leading criminal procedure treatise, and published countless blog posts at popular blogs such as the Volokh Conspiracy and Lawfare.

Want to know more about Professor Kerr?  You can visit the link below:
https://www.law.berkeley.edu/our-faculty/faculty-profiles/orin-kerr/

And follow Professor Kerr on Twitter @orinkerr
-
As always, if you have any suggestions for an episode topic, please let us know!
You can email [email protected] or tweet @lawtofact.
-
Find us on Twitter, Instagram, and Facebook!
Review us on iTunes, your opinion matters!
-
Want to stay updated on all things Law to Fact?
Join our mailing list by visiting www.LawToFact.com.
-
This episode is sponsored by Kaplan Bar Review. Getting ready for the bar exam means you’ll need to choose the study program that’s right for you. Kaplan Bar Review will get you ready to take on test day with confidence by offering $100 off live and on-demand Bar Review with offer code Leslie100.

Visit kaplanbarreview.com today to sign up.

...more
View all episodesView all episodes
Download on the App Store

Law to FactBy Professor Leslie Garfield Tenzer

  • 4.8
  • 4.8
  • 4.8
  • 4.8
  • 4.8

4.8

192 ratings


More shows like Law to Fact

View all
The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond by Alison Monahan and Lee Burgess - Law School Toolbox, LLC

The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond

502 Listeners

The Daily by The New York Times

The Daily

111,917 Listeners

Up First from NPR by NPR

Up First from NPR

56,231 Listeners

Just Torts the Podcast by Just Law

Just Torts the Podcast

10 Listeners

Crime Junkie by audiochuck

Crime Junkie

366,047 Listeners

The Bar Exam Toolbox Podcast: Pass the Bar Exam with Less Stress by Bar Exam Toolbox

The Bar Exam Toolbox Podcast: Pass the Bar Exam with Less Stress

422 Listeners

Morbid by Morbid Network | Wondery

Morbid

97,996 Listeners

Strict Scrutiny by Crooked Media

Strict Scrutiny

5,698 Listeners

5-4 by Prologue Projects

5-4

3,393 Listeners

Hands-Free Bar Exam Prep by Brainscape Law

Hands-Free Bar Exam Prep

67 Listeners

Murder In America by Bloody FM

Murder In America

7,290 Listeners

The Prosecutors: Legal Briefs by PodcastOne

The Prosecutors: Legal Briefs

1,819 Listeners

The Mel Robbins Podcast by Mel Robbins

The Mel Robbins Podcast

20,604 Listeners

Letters from an American by Heather Cox Richardson

Letters from an American

5,327 Listeners

Law School in Plain English: Torts & Criminal Law. by Jeff Brown

Law School in Plain English: Torts & Criminal Law.

8 Listeners