MUSIC: SERGEI PROKOFIEV, PETER

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MUSIC SERGEI PROKOFIEV, PETER THE WOLF (1936)
PHILADELPHIA Orchestra (1977)conductOR EUGENE
ORMANDYNARRATOR DAVID BOWIE
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Liesner DQ16 Uranium

• What are the superior advantages which the trial
  court had?
• Visual Observation of Witnesses
• Hearing Testimony

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Liesner DQ16 Uranium

• What do these advantages suggest about the
  appropriate role of the appellate court in
  reviewing factual determinations made by juries
  or trial judges?

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Liesner DQ16 Uranium

• What do these advantages suggest about the
  appropriate role of the appellate court in
  reviewing factual determinations made by juries
  or trial judges?
• DEFERENCE!!

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Liesner Brief Uranium

• RATIONALES
• Not a lot in a narrow case reviewing sufficiency
  of the evidence.
• Might give substantive rule as a doctrinal
  rationale.
• Might give superior advantages as a policy
  rationale

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LOGISTICS CLASS 7

• Deans Fellow Make-up Fri 130-220 Room F109
• Radium Shaw Brief Due Thurs _at_9pm
• Qs on Instructions?
• Other Qs on Instructions for Written Assignments/
  Common Writing Concerns?
• Everyone Called On!!

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Liesner DQ17-18 Radium

• 17. In its second paragraph, the court announces
  the prevailing rule. What does the court mean
  by vested? By divested? What types of
  evidence would you try to find in order to prove
  that this test was or was not met? What policies
  support the rule? What policies suggest that it
  has problems?
• 18. Suppose you had to use the prevailing rule
  to decide the outcome in Pierson? What arguments
  could you make for each side?
•  

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Liesner DQ17 Radium

• Prevailing rule (Three Formulations)
• Property in a wild animal created if people have
  substantially permanently deprived animal of
  his libertyhad him so in their power that escape
  was highly improbable, if not impossible.
• The instant a wild animal is brought under the
  control of a person so that actual possession is
  practically inevitable, a vested property
  interest in it accrues which cannot be divested
  by anothers intervening and killing it.

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Liesner DQ17 Radium

• The instant a wild animal is brought under the
  control of a person so that actual possession is
  practically inevitable, a vested property
  interest in it accrues which cannot be divested
  by anothers intervening and killing it.
• Meaning of Vested?

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Liesner DQ17 Radium

• The instant a wild animal is brought under the
  control of a person so that actual possession is
  practically inevitable, a vested property
  interest in it accrues which cannot be divested
  by anothers intervening and killing it.
• Meaning of Vested?
• Of Divested?

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Liesner DQ17 Radium

• Example of Property Right Weve Discussed That is
  Contingent (As Opposed to Vested)?

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Liesner DQ17 Radium

• Example of Property Right Weve Discussed That is
  Contingent (As Opposed to Vested)?
• RATIONE SOLI

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Liesner DQ17 Radium

• Prevailing rule (Three Formulations)
• Property in a wild animal created if people have
  substantially permanently deprived animal of
  his libertyhad him so in their power that escape
  was highly improbable, if not impossible.
• The instant a wild animal is brought under the
  control of a person so that actual possession is
  practically inevitable, a vested property
  interest in it accrues which cannot be divested
  by anothers intervening and killing it.

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Liesner DQ17 Radium

• Prevailing rule (Three Formulations)
• substantially permanently deprive animal of
  liberty (SPDL)
• animal so in their power that escape
  improbable, if not impossible
• animal under control so that actual possession
  practically inevitable

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Liesner DQ17 Radium

• What policies support the rule? What policies
  suggest that it has problems?
•  As compared to what?

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Liesner DQ17 Radium

• COMPARE POSSIBLE RULES
• Actual Possession Likely
• Actual Possession Practically Inevitable
• Actual Possession Inevitable
• Policies Supporting Choice of 2?

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Liesner DQ17 Radium

• COMPARE POSSIBLE RULES
• Actual Possession Likely
• Actual Possession Practically Inevitable
• Actual Possession Inevitable
• Policies Opposing Choice of 2?

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Liesner DQ17 Radium

• Prevailing rule (Three Formulations)
• substantially permanently deprive animal of
  liberty (SPDL)
• animal so in their power that escape
  improbable, if not impossible
• animal under control so that actual possession
  practically inevitable
• MEANING OF LANGUAGE?

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Liesner DQ17 Radium

• MEANING OF LANGUAGE?
• Court refers to the prevailing rule so might
  believe all three mean the same thing.
• BUT usual assumption in law that all language is
  there for a reason, so different phrases must
  mean different things.

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Liesner DQ17 Radium

• Property Rights in Animal IF
• substantially permanently deprived animal of
  his liberty
• MEANING OF LANGUAGE?
• Significance of Two Separate Adverbs?

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Liesner DQ17 Radium

• Property Rights in Animal IF
• so in their power that escape was highly
  improbable, if not impossible
• under the control of a person so that actual
  possession is practically inevitable
• MEANING OF LANGUAGE?
• Difference betw. underlined phrases?

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Liesner DQ17 Radium

• Property Rights in Animal IF
• so in their power that escape was highly
  improbable, if not impossible
• under the control of a person so that actual
  possession is practically inevitable
• MEANING OF LANGUAGE?
• Difference betw. underlined phrases?

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Liesner DQ17 Radium

• Property Rights in Animal IF
• so in their power that escape was highly
  improbable, if not impossible
• under the control of a person so that actual
  possession is practically inevitable
• Nice idea (from Hito B2) Maybe
• 1 is test designed to use for animal in net or
  trap
• 2 is test designed to use for animal being
  chased/mortally wounded

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Liesner DQ18 Radium

• Apply to Pierson Facts
• Property Rights if
• substantially permanently deprived animal of
  its liberty

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Liesner DQ18 Radium

• Apply to Pierson Facts
• Property Rights if
• under the control of a person so that actual
  possession is practically inevitable

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Liesner DQ18 Radium

• Apply to Pierson Facts
• Property Rights if
• so in their power that escape was highly
  improbable, if not impossible
• Well leave for you

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Liesner DQ18 Radium

• Applying Legal Rule /Test
• Look for best arguments for each party
• Be Cognizant of Structure of Test
• Use Care w Language
• Utilize Definitions

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Liesner DQ18 Radium

• Applying Legal Rule /Test
• Look for best arguments for each party
• 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)

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Liesner Trial Transcript DQ19Oxygen (B2)

• Attorneys for Liesners

• Attorneys for Wanie

• Nanes, Tammy
• Deleon, Blair
• Lasoff, Sean

• Baros, Cara
• Holmes, Jordan
• Vaal, Joshua

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Liesner Trial Transcript DQ19Oxygen

• Note Anderson testimony (p.17)
• REPLEVIED
• Suggests replevin was cause of action

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Liesner Trial Transcript DQ19Oxygen

• Liesners must have argued
• L-Boys did mortally wound wolf
• L-Boys did continue pursuit
• BEST EVIDENCE SUPPORTING?

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Liesner Trial Transcript DQ19Oxygen

• KEY ARGUMENTS BY WANIES ATTORNEYS?
• Uncertain that L-Boys mortally wounded wolf
• L-Boys did not continue pursuit
• BEST EVIDENCE SUPPORTING?