Every discipline has its own literature, and the literature of the study of the Constitution includes judicial opinions. it is essential, therefore, to acquire a talent for reading cases because they represent the medium through which a court speaks. Students will find it helpful to take careful notes in the form of an outline on the cases they read. Making the outline is called briefing a case. Thorough case briefing consists of a summary of at least seven elements.

Name of the Case.  Always located at the beginning, the name or title identifies the parties to the case. The name of the person or entity bringing the case to the Supreme Court appears first; the party being brought to the Court is listed second. The v. stands for "versus" or "against." So in Davis v. Bandemer (1986) Davis was one of several Indiana officials. Bandemer was one of several Indiana Democrats who had convinced a district court that Davis and the others were maintaining a constitutionally invalid legislative apportionment plan. Having lost in the court below, Davis wanted the Supreme Court to overturn the district court. In cases on certiorari the petitioner brings the case against the respondent. In cases on appeal, the appellant brings the case against the appellee.

Facts.  Cases are real, not hypothetical, controversies between parties. The issues of a case arise from circumstances or events that have prompted one or both parties to seek redress or resolution in court. The facts of a case may or may not be in dispute, but they are always a factor in how cases are decided.

Question(s). The facts of a case present one or more issues or questions for decision. Most of a judicial opinion is an effort to answer those questions. Although even a relatively simple case may generate many questions, counsel in the Supreme Court seek review only of those of the gravest importance-to the parties involved and to the nation. Ordinarily, the Supreme Court decides questions of law, not fact. In reviewing a criminal conviction, for instance, the Court is rarely concerned with a defendant's actual guilt or innocence. Rather, the justices focus on procedural issues, such as the admissibility of evidence or the lawfulness of an arrest.

Decision.  A decision is the result or outcome of a case. The Court's opinion provides answers to the question(s) the case raises. For example, a government agency has, or has not, exceeded its authority under the law or the Constitution. Typically in the Supreme Court, decisions take the form of affirming (accepting) or reversing (rejecting and setting aside) the judgment of the court below. When reversing, the justices will often remand (send back) a case to the lower court for action "consistent with" the Court's decision.

Reasoning of the Majority Opinion.  As explained in the previous section, the goal of the Court's decision-making process is a statement reflecting the consensus of a majority of the justices. It explains why a certain question requires a certain answer. An exercise in persuasion, the majority opinion attempts to justify the decision the Court has reached.

Reasoning of Separate Opinions.  Concurring and dissenting opinions should be examined closely because they may shed light on what has been decided. Dissenting opinions highlight weaknesses in the majority's reasoning. Con- cuning opinions may indicate the limits to a line of reasoning beyond which certain members of the majority are not willing to go. Both may highlight legal trends-where a decision has come from and where it might be going.

Votes: The Supreme Court sits as a collegial body. That is, all justices normally take part in each decision. The Court's quorum now stands at six. Awareness of the votes of individual justices can alert reader to shifts in a justice's position. Throughout this book, the headnote for each excerpted case contains the voting alignment.