rule on a motion based on cases
·Below are 2 separate judicial opinions. Read each very carefully, for key facts, issue identification, key law, binding and/or persuasive precedent, and holdings.
You are the judge and are to write the judicial opinion (no more than 3 pages) on a motion to dismiss filed by the defendant in the hypothetical.·Your judicial opinion should note:
The parties (and their status, if important to the legal analysis);
The issue for decision;
All of the key facts in the hypothetical;
All of the key law which can be found in either or both of the 2 judicial opinions;
Holding in the hypothetical case:
Last, your discussion in support of your holding: Set forth here your analysis of the facts-to-law as you explain how you came to your decision on the issue.
This is NOT a Case Brief. Instead, just as you’ve read judicial opinions for this course, you will write your own judicial opinion –> The plaintiff is ….. . Plaintiff claims ….. (insert key relevant facts). The defendant filed a motion to dismiss, arguing ….. The issue for decision is .whether ……………. The applicable law is ………… Binding/Persuasive precedent is found in earlier cases: …….. Applying the applicable law and past precedent, this court holds ……….. In support of this holding, the court states: ….. …. …………………………

Leave a Reply
Want to join the discussion?Feel free to contribute!