Final answer:
Susannah should include facts, holding, and rationale in her first draft of the decision, providing a clear account, legal decision, and detailed legal reasoning behind the judge's ruling, all while ensuring alignment with established case law and legal principles.
Step-by-step explanation:
As a law clerk, Susannah is tasked with research and drafting judicial opinions. In drafting the first draft of the decision for the judge, she should include the following essential elements:
- Facts: a clear and detailed account of what happened in the case, based on the evidence presented during the trial.
- Holding: the legal decision on the main issue(s) of the case, reflecting the outcome determined by the judge or jury.
- Rationale: a comprehensive explanation of the legal reasoning behind the decision, including how the law applies to the facts, and referencing relevant case law and precedents.
Every judicial decision is based on the application of law to the facts. Susannah must ensure that her draft reflects a logical, well-supported argument that aligns with stare decisis and other legal principles, while also keeping in mind how the Seventh Amendment delineates the separation of duties between judges and juries. Compose and structure of her argument are vital as they need to provide a coherent and persuasive narrative to substantiate the judge's decision.