How to Analyze a Case

1. What is the historical background or controversy that brings the case to the Courts?

2. What is the argument of the Respondent?

3. What is the argument of the Petitioner?

4. What is the ruling of the Majority Opinion?

5. Did the Majority Opinion follow precedent/stare decisis? What was the controlling

case?

a. Was the opinion a “strict construction,” “loose construction,” “originalist,” “judicial restraint” opinion?

6. What “balancing test” did the court use?

7. How did the court narrow the opinion or avoid a “blank check”?

8. Was any new precedent set? How will it affect future legislation/litigation?

9. What was the argument in the Dissenting Opinion (if any)?