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1. Statement of central question and context in which it arises:
Was the majority decision in this case correct?
2. Cases, opinions and arguments (majority & dissenting) suggesting the answer to the question is yes.
3. Cases, opinions and arguments (majority & dissenting) suggesting the answer to the question is No.
4. Detailed review of the Yes and No arguments — Do these arguments rely on case precedents, statutes, language interpretations, science, civil rights, or other authorities or sources? Are there contradictions or other problems that tend to support one answer as opposed to another?
5. What conclusion do you draw — should the answer to the central question be Yes or No and how do you support your own answer to the question?
The most important part of a critical thinking paper is Part 5 above. By organizing the thesis to highlight both sides of each discrete argument — rather than summarizing the basic points held in a series of cases in one big beef-stew (nabe?) of issues — you yourself see, and you allow the reader of your thesis or paper to see, much more clearly the strength and weakness of each argument and its relationship to all the other arguments. All the arguments then flow directly into Part 5 above and Part 5 is where you demonstrate your own critical thinking. Writing your own ideas about which side of the question is correct distinguishes a critical thinking paper from a descriptive paper.
Please do not think that the above comments and suggestions mean that the standard I will use in reviewing your papers and theses is a law school standard. You are all undergrads. But at good undergrad schools or in good courses at any undergrad school, you need to write critical thinking papers and theses.
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