Applying Legal Rule /Test - PowerPoint PPT Presentation

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Applying Legal Rule /Test

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... case because the owner of an escaped sea lion retains property rights ... The owner of an escaped sea lion does not retain property rights in the animal ... – PowerPoint PPT presentation

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Title: Applying Legal Rule /Test


1
Applying 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)

2
END 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?

3
END 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?

4
END 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

5
DQ42 (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?

6
DQ42 (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?

7
DQ42 (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?

8
DQ42 (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

9
DQ42 (IRON) At Issue in Manning?
  • Why Did This Case
  • Get to Georgia
  • Supreme Court???!!!

10
ISSUE/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?

11
ISSUE/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.

12
NARROWING/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

13
ISSUE/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.

14
SUBSTANTIVE 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

15
SUBSTANTIVE 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

16
DQ45 (Lead) Facts ? Factors
  • POSSIBLE RELEVANCE OF
  • that had been owned for two yrs
  • that responded to its name
  • that has escaped and returned before

17
SUBSTANTIVE 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

18
SUBSTANTIVE 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

19
DQ45 (Lead) Facts ? Factors
  • POSSIBLE RELEVANCE OF
  • that had distinctive crest

20
SUBSTANTIVE 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

21
DQ45 (Lead) Facts ? Factors
  • POSSIBLE RELEVANCE OF
  • that had been missing for only five days
  • that owner located day after it was found

22
SUBSTANTIVE 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

23
SUBSTANTIVE 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.

24
SUBSTANTIVE HOLDING MANNING
  • The original owner retains property rights in an
    escaped animal ferae naturae that is tamed and
    distinctively marked.

25
SUBSTANTIVE HOLDING MANNING
  • Why play with broad and narrow holdings?
  • Friday
  • DQ49 Squirrel Hypothetical
  • ZINC COPPER

26
DQ44 (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.
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