Write It as an Opinion, Not a Verdict

German law students learn to write exam answers in the Gutachtenstil, the style of an expert opinion. It has four steps. The answer opens with a hypothesis in the subjunctive, such as “P könnte einen Anspruch gegen B aus § 433 I BGB haben,” P could have a claim against B. Then comes the definition of the legal rule. Then each element of the definition is checked against the facts. Only at the end comes the result. A first-semester guide of the Leipzig law faculty states the difference from a court judgment in one line. “Im Urteil wird begründet, im Gutachten geschlussfolgert!” A judgment gives reasons for a result. An opinion arrives at the result by reasoning.

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