Monday, October 17, 2016
Assume a state trial court issues an opinion in a particular case and the case is not appealed. Should a legal scholar using the opinion to support or refute a key point (in the text of a written work) characterize the weight or status of the opinion (e.g., noting that it is a trial court opinion and that is has not been appealed)? Justify your answer.
If the trial court at issue is the Delaware Chancery Court and the opinion addresses matters under the Delaware General Corporation Law, does that alter your answer? Why? Why not?
I am having fun considering these issues today in connection with my work on a symposium paper. I have not yet decided how to handle the specific matter that raises the questions. Accordingly, it seemed like a good idea at this juncture to share my questions and seek collaboration in answering them . . . .