Title: Applying Legal Rule /Test
1Applying Legal Rule /Test
- Look for best arguments for each party
- Be Cognizant of Structure of Test
- Use Care w Language
- Utilize Definitions
- If significant doctrinal arguments for both
parties, try to resolve with - Comparisons to facts of cases
- Other language from cases
- Policy Arguments (incl. Purpose of Rule)
2END OF DQ43 (IRON) Apply Natural Liberty Element
to Manning
- Definition to provide for itself, in the
broadest sense which the phrase may be used.
When, by its own volition, it has escaped from
all artificial restraint and is free to follow
the bent of its natural inclination. - RELEVANT FACTS QUESTIONS?
3END OF DQ43 (IRON) Apply Natural Liberty Element
to Manning
- RELEVANT FACTS QUESTIONS?
- Time Before Recapture 5 days
- Found in Browns Kitchen
- Area Similar to Natural Habitat?
- Able to Find Food in Area?
- Able to Survive Weather in Area?
4END OF DQ43 (IRON) Apply Natural Liberty Element
to Manning
- PURPOSE(S) OF RULE
- Protect Ordinary Finder Who Cant Tell if Prior
Owner - Punish Owner Who Didnt Sufficiently Enclose
and/or Pursue
5DQ42 (IRON) At Issue in Manning?
- Magistrate/Justice of Peace Rules in Favor of
Plaintiff Mitcherson. - Ga Supr Ct. The answer of the ex-officio
justice of the peace in this case, the same being
a certiorari and no traverse thereof, must be
taken as true, ... - no traverse thereof Means?
6DQ42 (IRON) At Issue in Manning?
- Magistrate/Justice of Peace Rules in Favor of
Plaintiff Mitcherson. - Ga Supr Ct. The answer of the ex-officio
justice of the peace in this case, the same being
a certiorari and no traverse thereof, must be
taken as true, ... - no traverse thereof Means? Not questioning
factual findings. - So what are facts for purposes of the case?
7DQ42 (IRON) At Issue in Manning?
- Magistrate/Justice of Peace Rules in Favor of
Plaintiff Mitcherson. - Ga Supr Ct. The answer of the ex-officio
justice of the peace in this case, the same being
a certiorari and no traverse thereof, must be
taken as true, ... - Facts for purposes of the case? Plaintiffs
version - So What is Defendants Legal Claim?
8DQ42 (IRON) At Issue in Manning?
- Defendants Legal Claim
- Not Its My Bird (No Traverse)
- Not It Was Never Her Bird (In Cage for Years)
- Must Be She Lost Property Rights When It
Escaped
9DQ42 (IRON) At Issue in Manning?
- Why Did This Case
- Get to Georgia
- Supreme Court???!!!
10ISSUE/HOLDING MULLETT
- Did the trial court err in dismissing plaintiffs
case because the owner of an escaped sea lion
retains property rights in the animal when it
escapes with no intent to return into the
Atlantic, where the Atlantic is not its natural
habitat?
11ISSUE/HOLDING MULLETT
- No, the trial court did not err in dismissing
plaintiffs case because the owner of an escaped
sea lion does not retain property rights in the
animal when it escapes with no intent to return
into the Atlantic, even though the Atlantic is
not its natural habitat.
12NARROWING/BROADENING HOLDINGS
- Narrowest Version of Holding Essentially Includes
All Facts of Present Case - Broader Holding Covers More Future Cases
- Broaden Holding by (either or both of)
- Making References to Some Facts More General
- Eliminating Some Facts
13ISSUE/HOLDING MULLETT
- The owner of an escaped sea lion does not retain
property rights in the animal when it escapes
with no intent to return into the Atlantic, even
though the Atlantic is not its natural habitat. - No, the owner of an escaped animal ferae naturae
does not retain property rights in the animal
when it escapes with no intent to return to a
place where it is free of all artificial
restraint and can provide for itself.
14SUBSTANTIVE HOLDING MANNING
- The original owner retains property rights in an
escaped canary - that had been owned for two yrs
- that responded to its name
- that has escaped and returned before
- that had distinctive crest
- that had been missing for only five days
- that owner located day after it was found
15SUBSTANTIVE HOLDING MANNING
- The original owner retains property rights in an
escaped canary ? animal ferae naturae - that had been owned for two yrs
- that responded to its name
- that has escaped and returned before
- that had distinctive crest
- that had been missing for only five days
- that owner located day after it was found
16DQ45 (Lead) Facts ? Factors
- POSSIBLE RELEVANCE OF
- that had been owned for two yrs
- that responded to its name
- that has escaped and returned before
17SUBSTANTIVE HOLDING MANNING
- The original owner retains property rights in an
escaped canary - that had been owned for two yrs ?
- that responded to its name ?
- that has escaped and returned before ?
- that had been tamed
- that had distinctive crest
- that had been missing for only five days
- that owner located day after it was found
18SUBSTANTIVE HOLDING MANNING
- The original owner retains property rights in an
escaped canary - that had been owned for two yrs ?
- that responded to its name ?
- that has escaped and returned before ?
- to which she had a substantial connection
- that had distinctive crest
- that had been missing for only five days
- that owner located day after it was found
19DQ45 (Lead) Facts ? Factors
- POSSIBLE RELEVANCE OF
- that had distinctive crest
20SUBSTANTIVE HOLDING MANNING
- The original owner retains property rights in an
escaped canary - that had been owned for two yrs
- that responded to its name
- that has escaped and returned before
- that had distinctive crest ?
- clearly marked
- that had been missing for only five days
- that owner located day after it was found
21DQ45 (Lead) Facts ? Factors
- POSSIBLE RELEVANCE OF
- that had been missing for only five days
- that owner located day after it was found
22SUBSTANTIVE HOLDING MANNING
- The original owner retains property rights in an
escaped canary - that had been owned for two yrs
- that responded to its name
- that has escaped and returned before
- that had distinctive crest
- that had been missing for only five days ?
- that owner located day after it was found ?
- that was found a short time after escape
23SUBSTANTIVE HOLDING MANNING
- The original owner retains property rights in an
escaped bird that had escaped and returned
before, is distinctively marked, had been found
only a short time after it escaped, and was
located by the owner a short time after being
found.
24SUBSTANTIVE HOLDING MANNING
- The original owner retains property rights in an
escaped animal ferae naturae that is tamed and
distinctively marked.
25SUBSTANTIVE HOLDING MANNING
- Why play with broad and narrow holdings?
- Friday
- DQ49 Squirrel Hypothetical
- ZINC COPPER
26DQ44 (LEAD) Mining Mannings Meaning
- Significance of?
- The law of Georgia is, that to have property in
animals, birds and fishes which are wild by
nature, one must have them within his actual
possession, custody or control, and this he may
do by taming, domesticating, or confining them.