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
This American Life by This American Life

This American Life

90,540 Listeners

Freakonomics Radio by Freakonomics Radio + Stitcher

Freakonomics Radio

32,037 Listeners

Amicus With Dahlia Lithwick | Law, justice, and the courts by Slate Podcasts

Amicus With Dahlia Lithwick | Law, justice, and the courts

3,458 Listeners

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

498 Listeners

U.S. Supreme Court Oral Arguments by Oyez

U.S. Supreme Court Oral Arguments

680 Listeners

Court Junkie by PodcastOne

Court Junkie

8,549 Listeners

The Daily by The New York Times

The Daily

110,865 Listeners

Up First from NPR by NPR

Up First from NPR

55,866 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

413 Listeners

Call Her Daddy by Alex Cooper

Call Her Daddy

164,386 Listeners

Strict Scrutiny by Crooked Media

Strict Scrutiny

5,523 Listeners

Law School by The Law School of America

Law School

33 Listeners

Maintenance Phase by Aubrey Gordon & Michael Hobbes

Maintenance Phase

16,131 Listeners

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

Law School in Plain English: Torts & Criminal Law.

7 Listeners

Good Hang with Amy Poehler by The Ringer

Good Hang with Amy Poehler

6,394 Listeners