Download - Beethoven Cello Sonata #3 (1807-08)
Beethoven Cello Sonata #3 (1807-08)
Jacqueline du Pré, Cello
Daniel Barenboim, Piano
Edinburgh Festival (1970)
DQ3. Precedent. … Why use precedents at all?
Why shouldn’t the court simply announce who wins?
DQ3. Precedent. … Why use precedents at all? Why shouldn’t the court simply announce who wins?
- Consistency- Legitimacy- Predictability
CASE BRIEF = RESUME
• Standardized Information
• Range of Successful Ways to Present
• Alter for Different Audiences
• Rarely the Whole Story
STATEMENT OF
THE CASE
STATEMENT OF THE CASE
• Succinct Statement of Nature of Original Lawsuit
STATEMENT OF THE CASE
• Succinct Statement of Nature of Original Lawsuit
• In Case Brief: Reminds You Quickly What Case Is About
STATEMENT OF THE CASE
• Succinct Statement of Nature of Original Lawsuit
• In Case Brief: Reminds You Quickly What Case Is About
• In Court Submissions: Quickly Explains Nature of Cases You Discuss In Your Arguments
STATEMENT OF THE CASE
• Who Sued Whom?
WHO SUED WHOM?
• Plaintiff Sued Defendant
WHO SUED WHOM?
• Plaintiff Sued Defendant
• Post Sued Pierson
WHO SUED WHOM?
• Post, a blond 27-year old Dutch-American asthmatic unemployed son of a hero of the Revolutionary War ...
WHO SUED WHOM?
• Apartment Landlord Sued Former Tenant …
• Purchasers of Leaky New House Sued Developer ...
• Consumer Injured By Exploding Blender Sued Manufacturer and Seller of Blender ...
WHO SUED WHOM?
• Post, a hunter who had been pursuing a fox, sued Pierson, who killed the fox knowing of the pursuit ...
STATEMENT OF THE CASE
• Who Sued Whom?
• Under What Theory?
UNDER WHAT THEORY?
• Trespass on the Case (See 1st Sentence of Case)
= Indirect Injury to П’s Property
UNDER WHAT THEORY?
• Trespass on the Case (See 1st Sentence of Case)
= Indirect Injury to П’s Property
• Compare Trespass= Direct Injury to П’s Property
STATEMENT OF THE CASE
• Who Sued Whom?
• Under What Theory?
• For What Remedy?
FOR WHAT REMEDY?
• Unclear From Case
FOR WHAT REMEDY?
• Unclear From Case
• Dissent: In a court … constituted [of hunters], the skin and carcass of poor reynard would have been properly disposed of ...
FOR WHAT REMEDY?
• Unclear From Case
• Dissent: In a court … constituted [of hunters], the skin and carcass of poor reynard would have been properly disposed of …
• Normal Remedy For Trespass on the Case is Damages
SAMPLE STATEMENT• Post, a hunter who had been pursuing
a fox, sued Pierson, who killed the fox knowing of the pursuit, for trespass on the case, presumably seeking damages.
PROCEDURAL POSTURE
PROCEDURAL POSTURE
• Procedural Steps After Complaint Filed Up To Step Getting Case to the Appellate Court
PROCEDURAL POSTURE
• Procedural Steps After Complaint Filed Up To Step Getting Case to the Appellate Court
• Limit to Steps Necessary to Understand Case
PROCEDURAL POSTURE
• Procedural Steps After Complaint Filed Up To Step Getting Case to the Appellate Court
• Limit to Steps Necessary to Understand Case
• After Trial Resulted in Verdict for Plaintiff, Appellate Court Granted Defendant’s Petition for [Certiorari] Review
FACTS
FACTS
• Limit to facts relevant to court’s analysis.
FACTS
• Limit to facts relevant to court’s analysis.
• Can’t determine relevance on 1st read; select or edit after reading whole case.
ISSUE/HOLDING
ISSUE/HOLDING• Party Appealing Claims the Lower
Court Made a Mistake. Identify the Mistake.
ISSUE/HOLDING
• Party Appealing Claims the Lower Court Made a Mistake. Identify the Mistake.
• Procedural Component of Mistake: What Should Lower Court Have Done Differently?
ISSUE/HOLDING
• Party Appealing Claims the Lower Court Made a Mistake. Identify the Mistake.
• Procedural Component of Mistake: What Should Lower Court Have Done Differently?
• Substantive Component of Mistake: What Misunderstanding About the Legal Rule Caused the Lower Court to Err
“[T]he declaration and the matters therein contained were not sufficient in law to maintain
an action.”
“[T]he declaration and the matters therein contained were not sufficient in law to maintain
an action.”
WHAT WAS
INSUFFICIENT
ABOUT IT?
Allegation that plaintiff pursued the fox is
insufficient because pursuit alone does not create
property rights in the fox.
WHAT SHOULD THE LOWER COURT HAVE DONE DIFFERENTLY?
WHAT SHOULD THE LOWER COURT HAVE DONE DIFFERENTLY?
The Lower Court Should Have Dismissed the Case for Failure
to State a Claim on Which Relief Could Be Granted
ALLEGED MISTAKE• The Lower Court Should Have
Dismissed the Case for Failure to State a Claim on Which Relief Could Be Granted
• Allegation That Plaintiff Pursued the Fox Is Insufficient Because Pursuit Alone Does Not Create Property Rights in the Fox.
Did the Lower Court Err by Failing To Dismiss the Case for Failure to
State a Claim on Which Relief Could Be Granted Because
Pursuit of a Fox Is Insufficient to Create Property Rights in the Fox?
Simple Substantive Issue:
Is Pursuit of a Fox Sufficient to Create Property Rights in
the Fox?
Did the Lower Court Err by Failing To Dismiss the Case for Failure to
State a Claim on Which Relief Could Be Granted Because
Pursuit of a Fox Is Insufficient to Create Property Rights in the Fox?
YES. The Lower Court Erred by Failing To Dismiss the Case for
Failure to State a Claim on Which Relief Could Be Granted Because Pursuit of a Fox Is Insufficient to
Create Property Rights in the Fox.
Version of Substantive Holding:
To get property rights in a fox, you must be the first to “occupy” it, which means you must do more than pursue
it.
Version of Substantive Holding:
To get property rights in a fox found on a deserted beach, you must be the first to “occupy” it, which means you
must do more than pursue it.
DQ4. Significance of Facts.
Why might it matter that the fox is caught on a deserted beach?
Version of Substantive Holding:
To get property rights in a fox found on a deserted beach, you must be the first to “occupy” it, which means you must do
more than pursue it.
To get property rights in a fox found on unowned property, you must be the first to
“occupy” it, which means you must do more than pursue it.
Version of Substantive Holding:
To get property rights in a fox found on a deserted beach, you must be the first to “occupy” it, which means you must do
more than pursue it.
To get property rights in a fox found on unowned property, you must be the first to
“occupy” it, which means you must do more than pursue it.
DQ4. Significance of Facts.
Suppose fox fell into a well before it was shot. Change the result?
DQ4. Significance of Facts.
Suppose fox fell into a well before it was shot. Change the result?
Contemporary accounts suggest this really happened. Why isn’t this discussed in the case?
BROAD v. NARROW HOLDINGS
NARROW• Covers fewer cases• Includes more facts• More specific
BROAD• Covers more cases• Includes fewer facts• More general
Version of Substantive Holding:
To get property rights in a fox found on a deserted beach, you must be the first to “occupy” it, which means you must do
more than pursue it.
To get property rights in a fox found on unowned property, you must be the first to
“occupy” it, which means you must do more than pursue it.
Version of Substantive Holding:
To get property rights in a fox found on unowned property, you must be the first to
“occupy” it, which means you must do more than pursue it.
To get property rights in an animal found on unowned property, you must be the first to “occupy” it, which means you must do
more than pursue it. [???]
DQ4. Significance of Facts.
Why might it matter that the hunted animal is a fox as opposed to some other animal?
Version of Substantive Holding:
To get property rights in a fox found on unowned property, you must be the first to
“occupy” it, which means you must do more than pursue it.
To get property rights in a wild animal found on unowned property, you must be the first to “occupy” it, which means you
must do more than pursue it.
5. Holding and Dicta. What are the pros and cons of a court discussing facts not
before them?
Version of Substantive Holding:
To get property rights in a wild animal found on unowned property, you must be the first to “occupy” it, which means you
must do more than pursue it.
To get property rights in a wild animal found on unowned property, you must be the first to “occupy” it, which means you must mortally wound it or capture it in a
net or trap. [???]
5. Holding and Dicta. How do you know which
language in the case is part of the holding?
Next Week
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