From Wikipedia, the free encyclopedia
Content deleted Content added
|
 |
|||
| Line 2: | Line 2: | ||
|
== Overview == |
== Overview == |
||
|
The syllabus is typically found at the beginning of a [[judicial opinion]] and is used to summarize the court’s decision, the facts of the case, the legal issues involved, and the reasoning behind the court’s conclusions. The Supreme Court generally includes a syllabus in all their opinions, written by the reporter, though the Justices occasionally edit them.<ref>{{cite journal |last1=Ginsburg|first1=Ruth Bader|date=1998 |title= Informing the Public About the U.S. Supreme Court’s Work|url= |journal= Loyola U. Chi. L. Rev.|volume= 25|issue= |publisher= |pages= 275|doi= |access-date=}}</ref> The Supreme Court is explicit that the syllabus is not part of the official opinion and therefore does not carry legal weight. |
The syllabus is typically found at the beginning of a [[judicial opinion]] and is used to summarize the court’s decision, the facts of the case, the legal issues involved, and the reasoning behind the court’s conclusions. The Supreme Court generally includes a syllabus in all their opinions, written by the reporter, though the Justices occasionally edit them.<ref>{{cite journal |last1=Ginsburg|first1=Ruth Bader|date=1998 |title= Informing the Public About the U.S. Supreme Court’s Work|url= |journal= Loyola U. Chi. L. Rev.|volume= 25|issue= |publisher= |pages= 275|doi= |access-date=}}</ref> The Supreme Court is explicit that the syllabus is not part of the official opinion and therefore does not carry legal weight.<ref>{{Cite web|url=https://www.supremecourt.gov/opinions/info_opinions.aspx|title=Information About Opinions|website=Supreme Court of the United States}}</ref>{{Cite web|url=https://www.uscourts.gov/glossary|title=Glossary of Legal Terms|website=United States Courts}}</ref> For instance, in ”[[United States v. Detroit Timber & Lumber Co.]]” the Supreme Court criticized a side for relying upon a statement of law in a case’s syllabus that was not present in the opinion itself. |
||
|
However, in some systems the Syllabus takes on a much higher role. The Ohio Supreme Court stated that |
However, in some systems the Syllabus takes on a much higher role. The Ohio Supreme Court stated that |
||
Latest revision as of 01:53, 12 February 2026
Syllabus in a legal context refers to a summary or an outline of the key points of a court’s decision or opinion. It is often written by the court as an official part of the decision, but it is usually not considered a binding part of the legal ruling. The syllabus serves to provide a quick reference or overview of the court’s reasoning and conclusions in the case.[1]
The syllabus is typically found at the beginning of a judicial opinion and is used to summarize the court’s decision, the facts of the case, the legal issues involved, and the reasoning behind the court’s conclusions. The Supreme Court generally includes a syllabus in all their opinions, written by the reporter, though the Justices occasionally edit them.[2] The Supreme Court is explicit that the syllabus is not part of the official opinion and therefore does not carry legal weight.[3] [4] For instance, in United States v. Detroit Timber & Lumber Co. the Supreme Court criticized a side for relying upon a statement of law in a case’s syllabus that was not present in the opinion itself.
However, in some systems the Syllabus takes on a much higher role. The Ohio Supreme Court stated that
The law in Ohio since 1858 has been that it is the syllabus of the [state] Supreme Court decisions which states the law, i.e., the points of law decided in a case are to be found in the syllabus. Therefore, where the justice assigned to write the opinion discusses matters or expresses his opinion on questions not in the syllabus, the language is merely the personal opinion of the writer.
— State v. Wilson, 58 Ohio St. 2d 52, 60 (1979)
Some legal scholars and practitioners have criticized the use of syllabi, arguing that they may oversimplify complex legal arguments or misrepresent the nuances of a court’s reasoning.[5] Others have argued that syllabi should be relied upon more as the actual, core holding of a case, and that models like Ohio are superior.[6]
- ^ “Syllabus”. Cornell Law School – Legal Information Institute.
- ^ Ginsburg, Ruth Bader (1998). “Informing the Public About the U.S. Supreme Court’s Work”. Loyola U. Chi. L. Rev. 25: 275.
- ^ “Information About Opinions”. Supreme Court of the United States.
- ^ “Glossary of Legal Terms”. United States Courts.
- ^ Smith, John (2020). “The Role of Syllabi in Judicial Opinions”. Journal of Legal Studies. 45 (2): 321–340.
- ^ Grantmore, Gil (Winter 2002). “The Headnote”. The Green Bag. 5 (2): 157. SSRNÂ 933013.
