How to read a court opinion
This is an era of increasing court involvement in numerous subject areas. Legal documents are no longer the exclusive domain of courthouse reporters. General assignment reporters, specialists and desk editors who read their copy should be familiar with the mechanics of litigation that is most commonly in the news.
Do not wait until you have a story to write. Go to a superior court clerk's office and ask to see an example of a judge's finding in a civil case. (Criminal determinations of immediate interest to newspapers occur in court as a jury's "verdict" or a judge's "finding.") Most civil decisions of consequence start with determinations by a superior court judge. Such decisions may be appealed to a Superior Court jury trial, to the Massachusetts Appeals Court or to the Supreme Judicial Court.
Ask to see a decision involving a public issue, such as challenges to zoning decisions, or school board autonomy in the use of funds. Most newsworthy litigation involves public money or rights. Study the construction of the decision. Usually, the findings are summarized at the beginning or the end of the decision. The legal bases for the decision are in between.
Ask to see a copy of a preliminary injunction, sometimes called a temporary injunction, which gives temporary relief pending a full hearing "on the merits." A temporary restraining order is sometimes issued to cover a short period before a hearing is held on a preliminary injunction. Ask to see a permanent injunction, which can result from a full hearing and may be part of the general findings.
Write down every term you don't understand and take this list to a law library. (A list of law libraries appears in the Resources section of this handbook.) Make a mental note that definitions can change according to context. Legal dictionaries, of which several are listed in the Resources section, are useful guides to general understanding. Remember that the use of technical references is permissible in news stories as long as terms are clearly defined for the reader.
While in the law library, ask to see a decision of the state Supreme Judicial Court or Appeals Court. As with Superior Court findings, these, too, can vary in construction. Look first for the summary of conclusions, then the rationale. Ask the librarian for an appellate decision in a case that originated in the superior court of the county in which you are located. This will enable you to return to the superior court clerk's office and trace the development of the case from the beginning. Ask the librarian if the case went beyond the state system to the U.S. Supreme Court or lower federal courts.
Before the case your covering reaches the decision or opinion stage, there is usually a file of papers setting out the details of how and why the case came to court in the first place. If available, these documents provide excellent background material. For example, briefs that set out the parties' arguments arguments are recommended reading to fully understanding an opinion or decision.
When it comes to reading a decision or opinion, there are a couple of points that are helpful. Most court decisions follow the same pattern. Usually the name of the authoring judge appears at the beginning of a decision. If more than one judge took part in the decision, these names should be indicated. If not, they can be obtained from the printed record which is part of the file in a case.
The first section of the case will briefly state how the case came to court and what the question is that is to be decided. If the decision is at the appellate level, the opening section usually will state what happened in the lower court. Of great benefit to lawyers and news reporters, courts often include a statement at the beginning of the document as to the court's decision, the result or how the case comes out.
Formerly, court decisions were like murder mysteries, you had to read all the way to the end to find out if the butler did. Some courts and judges stick to this old style, and in such instances, the best method is to read the opening section of a decision to find out what is involved, turn to the last page to see how it comes out and then read the middle part to find out the reasons why. The "good quotes" often are found in this middle section.
To be certain what result, decision or order the court is making, it is important to carefully read the closing part of the decision or opinion. That is usually the place where the court or judge makes the final, effective ruling, order or decision.
The complaint, indictment and other papers in a case, and the briefs filed in appellate court cases provide the correct names of the persons involved, the judge or judges and courts that heard the case. Most likely, names, addresses and telephone numbers of lawyers who handled the case will also be listed. In some circumstances it is helpful to talk to the lawyer involved in the case.
In seeking guidance from lawyers and researching a case remember your job is to write an accurate, thorough and objective account. This is seldom done with clarity and precision unless you thoroughly understand the subject before putting a word on paper.