Quite some years ago, a rather famous judge was asked about his process in deciding cases. He said he read through the briefs and record; then put them on the shelf for a while. He then went back and read them again; and again put them back on the shelf. Finally, decision time came. He was asked whether he then analysed the facts and law and roughed out the arguments. No, he said. I simply look at the shelf until I get a "feeling" for who should win and who should lose. Then I write my opinion to justify that result. An honest judge.

And then there was a case before one of our Michigan appellate courts, which was just bad. The legal positions were bad on both sides; the clients had no redeeming values; and the lawyers were worse. The three judges were walking up the stairs from the courtroom to their offices, griping about how to decide this mutt. The decision was reached for each of them to fling the briefs down the stairs and the one which went furthest would win. Done and a per curium decision (one liner) was filed.

Nonetheless, we (lawyers) have to play the game and speak in terms of the traditional facts, law, analysis trilogy. Which, BTW, is probably more often how judges decide cases; but there are the "mystical" exceptions.

Regards

Mike