Status Updates From The Bramble Bush: The Class...

The first thing to do with an opinion, then, is read it.
The next thing is to get clear the actual decision, the judgment rendered. Who won, the plaintiff or defendant?

The opinion for purposes of case-book is “the case”. What is the opinion? It is the justification for the appellate court’s decision. The facts stated is to make the opinion look good.
A) The opinion shows us what this court will do again upon like facts to those assumed. B) consider what is unstated that make the judge strain the rule may help is in future cases

When studying the case on appeal, look for the particular lapse complained of.

In approaching any case upon review, we need to know what the kind of review is, “of fact” or “of law”? Even when it in theory is confined to rulings on the law, we need to loom for what seems to be the due thing on the facts.

Why do we recognize appeals?
There is a strong feeling that disputes at law should be decided right. — questions “of fact”, NY intermediate court
Reducing differences among courts. — questions “of law”, NY supreme court

“Mr. Justice Story will furnish the authority.” rules can be twisted for a good justice story

A man who has no property may break his contract with impunity.

Once the jury/court has rendered its verdict, the facts of this case are settled.

A weaker handicap is presumption. E.g. if the plaintiff proves making and possession of a note, then it is presumed he came by it honestly unless proven otherwise.

The burden of proof is on the plaintiff

First the plaintiff side presents evidence and call witnesses. The plaintiff’s lawyer has done some selection; some facts were not discovered; some rules may prevent him from presenting vital facts.

Consequences around the jury system: sharp two-party issue, rules of evidence, etc.

Who is to determine?
Sometimes judges: admiralty—cases involving ships; equity cases; when both parties do not want a jury; in the petty courts.
Mostly a jury.