MUSIC: Beethoven Symphony No. 3 (1804) Performed by Vienna Philharmonic Orchestra (1972)

Ratione Soli: By Reason of the Soil An unowned wild animal that enters privately owned land is considered the property of the landowner while it remains on the parcel.

Ratione Soli: By Reason of the Soil An unowned wild animal that enters privately owned land is considered the property of the landowner while it remains on the parcel. Why might such a rule have developed?

DQ2: Types of Precedents Cases Statutes (passed by legislatures) Regulations (issued by executive/agencies) Constitution Treatises, Law Review Articles, etc.

DQ2: Precedence of Precedents: Within a State Binding Authority –Constitution –Statutes –Regulations –Cases (common law) Persuasive Authority (Non-Binding)

DQ2: Precedence of Precedents: Within a State Binding Authority –Constitution (& Cases Interpreting) –Statutes (& Cases Interpreting) –Regulations (& Cases Interpreting) –Cases (common law) Persuasive Authority (Non-Binding)

DQ2: Precedence of Precedents: Within a State Binding Authority Persuasive Authority (Non-Binding) –Cases (etc.) from Other Jurisdictions –Treatises, Law Review Articles, etc.

DQ2: Precedence of Precedents: Within a State Binding Authority Persuasive Authority (Non-Binding) –Cases from Other Jurisdictions –Treatises, Law Review Articles, etc. PERSUASIVENESS VARIES w SOURCE –Alabama v. California v. Ontario

DQ2: Precedence of Precedents: Within a State Binding Authority Persuasive Authority (Non-Binding) –Cases from Other Jurisdictions –Treatises, Law Review Articles, etc. PERSUASIVENESS VARIES w SOURCE –Alabama v. California v. Ontario –Prosser on Torts v. Bill O’Reilly on Torts

DQ2: Precedence of Precedents: Among Levels of Government Federal Law –only if applicable –See Supremacy Clause of US Constitution State Law Local Ordinances and Regulations

DQ2. Precedent. … Why use precedents at all? Why shouldn’t the court simply announce who wins?

DQ2. Precedent. … Why use precedents at all? Why shouldn’t the court simply announce who wins? (at least) Consistency Legitimacy Predictability

DQ3: Custom & Law The dissent suggests that the court should defer to hunters’ customs. Would that be a good thing? Subquestions in DQ3 designed to help you think about this.

DQ3: Custom & Law Do you know what customs are among hunters today? If not, how would you find out?

DQ3: Custom & Law Situations where custom differs from law?

DQ3: Custom & Law Situations where custom differs from law? Problems caused by this difference?

DQ3: Custom & Law Situations where custom differs from law? Problems caused by this difference? To avoid these problems, gov’t can change law to conform to custom. When might conforming to custom be a bad idea?

DQ3: Custom & Law Gov’t can change law to conform to custom. Is Pierson v. Post a good situation to have law conform to custom?

DQ3: Custom & Law When should law conform to custom? Recurring question in many areas of law e.g., Contract Law v. Business Practices We’ll return to this question with regard to whaling customs in Unit II