Who knows how to write a Constitutional Report? How do I explain a concurring opinion in laymens terms?

Question

I am writing a constitutional report and I have no idea what I am doing. How do you not plagerize anything? How do you put a minority opinion in laymens terms? The case is Michigan v. Long if anyone can help......greatly appreciated.

Answer 1

It's not plagiary when you quote or paraphrase an opinion if you include a citation to the opinion. In fact, the vast majority of legal briefs are long series of paraphrases and quotes, filled with cites.

As far as a concurring opinion, there are two aspects to a case decision. The holding, which is the actual result, and the majority opinion, which is an explanation of how and why that result was reached. The majority opinion is binding precedent on all lower courts.

A concurring opinion says, yes I agree with the result, but I don't agree with something (or anything) that was said in the majority opinion. A concurring opinion is not binding, but it can be persuasive to help other courts think about an issue.

For example, let's say someone was objecting to a search of their garbage can. The police asked if they could search it, and the owner shrugged. The police then went on with the search.

The majority says the search was valid because the garbage can was abandoned, and thus the person had no expecation of privacy. That becomes the binding precedent.

Another justice (or two or three) disagrees. They think that the person did have an expectation of privacy. But they think the search was still valid because the person gave implied consent to the search. Same result (valid search), but different reasoning. That's a concurring opinion.

Answer 2

Write the report in the concurring opinion by citing reasons why most of the justices voted in winning the case and write as a minority by citing reasons similar to the justices that voted against the majority opinion.

Answer 3

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Answer 4

Ok first, calm down. :)

You don't have to plagiarize.


Any time you are doing some sort of documentation that involved this type of argument, you use quotes. You say things like, "I believe x person was correct when he said, 'blah blah his opinion blah blah..."

You see, that frees you yet you have stated your position...