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Beethoven Cello Sonata

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Range of Successful Ways to Present. Alter for Different Audiences. Rarely ... the skin and carcass of poor reynard would have been properly disposed of ... – PowerPoint PPT presentation

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Title: Beethoven Cello Sonata


1
Beethoven Cello Sonata 3 (1807-08)
  • Jacqueline du Pré, Cello
  • Daniel Barenboim, Piano
  • Edinburgh Festival (1970)

2
DQ3. Precedent. Why use precedents at all?
Why shouldnt the court simply announce who wins?
3
DQ3. Precedent. Why use precedents at all?
Why shouldnt the court simply announce who
wins? - Consistency - Legitimacy -
Predictability
4
CASE BRIEF RESUME
  • Standardized Information
  • Range of Successful Ways to Present
  • Alter for Different Audiences
  • Rarely the Whole Story

5
STATEMENT OF THE CASE
6
STATEMENT OF THE CASE
  • Succinct Statement of Nature of Original Lawsuit

7
STATEMENT OF THE CASE
  • Succinct Statement of Nature of Original Lawsuit
  • In Case Brief Reminds You Quickly What Case Is
    About

8
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

9
STATEMENT OF THE CASE
  • Who Sued Whom?

10
WHO SUED WHOM?
  • Plaintiff Sued Defendant

11
WHO SUED WHOM?
  • Plaintiff Sued Defendant
  • Post Sued Pierson

12
WHO SUED WHOM?
  • Post, a blond 27-year old Dutch-American
    asthmatic unemployed son of a hero of the
    Revolutionary War ...

13
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 ...

14
WHO SUED WHOM?
  • Post, a hunter who had been pursuing a fox, sued
    Pierson, who killed the fox knowing of the
    pursuit ...

15
STATEMENT OF THE CASE
  • Who Sued Whom?
  • Under What Theory?

16
UNDER WHAT THEORY?
  • Trespass on the Case
  • (See 1st Sentence of Case)
  • Indirect Injury to ?s Property

17
UNDER WHAT THEORY?
  • Trespass on the Case
  • (See 1st Sentence of Case)
  • Indirect Injury to ?s Property
  • Compare Trespass
  • Direct Injury to ?s Property

18
STATEMENT OF THE CASE
  • Who Sued Whom?
  • Under What Theory?
  • For What Remedy?

19
FOR WHAT REMEDY?
  • Unclear From Case

20
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 ...

21
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

22
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.

23
PROCEDURAL POSTURE
24
PROCEDURAL POSTURE
  • Procedural Steps After Complaint Filed Up To Step
    Getting Case to the Appellate Court

25
PROCEDURAL POSTURE
  • Procedural Steps After Complaint Filed Up To Step
    Getting Case to the Appellate Court
  • Limit to Steps Necessary to Understand Case

26
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 Defendants Petition for
    Certiorari Review

27
FACTS
28
FACTS
  • Limit to facts relevant to courts analysis.

29
FACTS
  • Limit to facts relevant to courts analysis.
  • Cant determine relevance on 1st read select or
    edit after reading whole case.

30
ISSUE/HOLDING
31
ISSUE/HOLDING
  • Party Appealing Claims the Lower Court Made a
    Mistake. Identify the Mistake.

32
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?

33
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

34
The declaration and the matters therein
contained were not sufficient in law to maintain
an action.

35
The declaration and the matters therein
contained were not sufficient in law to maintain
an action.
  • WHAT WAS
  • INSUFFICIENT
  • ABOUT IT?

36
Allegation that plaintiff pursued the fox is
insufficient because pursuit alone does not
create property rights in the fox.
37
WHAT SHOULD THE LOWER COURT HAVE DONE DIFFERENTLY?
38
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

39
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.

40
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?
41
Simple Substantive Issue Is Pursuit of a Fox
Sufficient to Create Property Rights in the Fox?
42
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?
43
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.
44
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.

45
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.

46
DQ4. Significance of Facts.
  • Why might it matter that the fox is caught on a
    deserted beach?

47
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.

48
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.

49
DQ4. Significance of Facts.
  • Suppose fox fell into a well before it was shot.
    Change the result?

50
DQ4. Significance of Facts.
  • Suppose fox fell into a well before it was shot.
    Change the result?
  • Contemporary accounts suggest this really
    happened. Why isnt this discussed in the case?

51
BROAD v. NARROW HOLDINGS
  • NARROW
  • Covers fewer cases
  • Includes more facts
  • More specific
  • BROAD
  • Covers more cases
  • Includes fewer facts
  • More general

52
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.

53
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. ???

54
DQ4. Significance of Facts.
  • Why might it matter that the hunted animal is a
    fox as opposed to some other animal?

55
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.

56
5. Holding and Dicta. What are the pros and cons
of a court discussing facts not before them?
57
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. ???

58
5. Holding and Dicta. How do you know which
language in the case is part of the holding?
59
Next Week
  • 80-Minute Classes Monday Friday
  • Begin Use of Panels Wednesday
  • Uranium Panel Written Liesner brief due
    Wednesday
  • Lunches start Tuesday

60
HURRICANE PREPAREDNESS
  • www.nhc.noaa.gov
  • Weather Channel 10 minutes before hour
  • Read info online re preparing
  • Most Common Problem Loss of Power
  • Laptop Living
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