Beethoven Cello Sonata

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Beethoven Cello Sonata 3 (1807-08)

• Jacqueline du Pré, Cello
• Daniel Barenboim, Piano
• Edinburgh Festival (1970)

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DQ3. Precedent. Why use precedents at all?
Why shouldnt the court simply announce who wins?
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DQ3. Precedent. Why use precedents at all?
Why shouldnt the court simply announce who
wins? - Consistency - Legitimacy -
Predictability
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CASE BRIEF RESUME

• Standardized Information
• Range of Successful Ways to Present
• Alter for Different Audiences
• Rarely the Whole Story

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STATEMENT OF THE CASE
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STATEMENT OF THE CASE

• Succinct Statement of Nature of Original Lawsuit

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STATEMENT OF THE CASE

• Succinct Statement of Nature of Original Lawsuit
• In Case Brief Reminds You Quickly What Case Is
  About

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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

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STATEMENT OF THE CASE

• Who Sued Whom?

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WHO SUED WHOM?

• Plaintiff Sued Defendant

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WHO SUED WHOM?

• Plaintiff Sued Defendant
• Post Sued Pierson

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WHO SUED WHOM?

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

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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 ...

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WHO SUED WHOM?

• Post, a hunter who had been pursuing a fox, sued
  Pierson, who killed the fox knowing of the
  pursuit ...

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STATEMENT OF THE CASE

• Who Sued Whom?
• Under What Theory?

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UNDER WHAT THEORY?

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

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UNDER WHAT THEORY?

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

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STATEMENT OF THE CASE

• Who Sued Whom?
• Under What Theory?
• For What Remedy?

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FOR WHAT REMEDY?

• Unclear From Case

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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 ...

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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

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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.

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PROCEDURAL POSTURE
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PROCEDURAL POSTURE

• Procedural Steps After Complaint Filed Up To Step
  Getting Case to the Appellate Court

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PROCEDURAL POSTURE

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

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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

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FACTS
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FACTS

• Limit to facts relevant to courts analysis.

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FACTS

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

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ISSUE/HOLDING
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ISSUE/HOLDING

• Party Appealing Claims the Lower Court Made a
  Mistake. Identify the Mistake.

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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?

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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

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

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

• WHAT WAS
• INSUFFICIENT
• ABOUT IT?

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

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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.

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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?
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Simple Substantive Issue Is Pursuit of a Fox
Sufficient to Create Property Rights in the Fox?
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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?
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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.
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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.

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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.

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DQ4. Significance of Facts.

• Why might it matter that the fox is caught on a
  deserted beach?

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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.

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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.

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DQ4. Significance of Facts.

• Suppose fox fell into a well before it was shot.
  Change the result?

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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?

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BROAD v. NARROW HOLDINGS

• NARROW
• Covers fewer cases
• Includes more facts
• More specific

• BROAD
• Covers more cases
• Includes fewer facts
• More general

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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.

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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. ???

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DQ4. Significance of Facts.

• Why might it matter that the hunted animal is a
  fox as opposed to some other animal?

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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.

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

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5. Holding and Dicta. How do you know which
language in the case is part of the holding?
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Next Week

• 80-Minute Classes Monday Friday
• Begin Use of Panels Wednesday
• Uranium Panel Written Liesner brief due
  Wednesday
• Lunches start Tuesday

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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