Beethoven Cello Sonata #3 ( ) Jacqueline du Pré, Cello Daniel Barenboim, Piano Edinburgh Festival (1970)

DQ3. Precedent. … Why use precedents at all? Why shouldn’t the court simply announce who wins?

DQ3. Precedent. … Why use precedents at all? Why shouldn’t the court simply announce who wins? - Consistency - Legitimacy - Predictability

CASE BRIEF = RESUME Standardized Information Range of Successful Ways to Present Alter for Different Audiences Rarely the Whole Story

STATEMENT OF THE CASE

Succinct Statement of Nature of Original Lawsuit

STATEMENT OF THE CASE Succinct Statement of Nature of Original Lawsuit In Case Brief: Reminds You Quickly What Case Is About

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

STATEMENT OF THE CASE Who Sued Whom?

WHO SUED WHOM? Plaintiff Sued Defendant

WHO SUED WHOM? Plaintiff Sued Defendant Post Sued Pierson

WHO SUED WHOM? Post, a blond 27-year old Dutch-American asthmatic unemployed son of a hero of the Revolutionary War...

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...

WHO SUED WHOM? Post, a hunter who had been pursuing a fox, sued Pierson, who killed the fox knowing of the pursuit...

STATEMENT OF THE CASE Who Sued Whom? Under What Theory?

UNDER WHAT THEORY? Trespass on the Case (See 1 st Sentence of Case) = Indirect Injury to П’s Property

UNDER WHAT THEORY? Trespass on the Case (See 1 st Sentence of Case) = Indirect Injury to П’s Property Compare Trespass = Direct Injury to П’s Property

STATEMENT OF THE CASE Who Sued Whom? Under What Theory? For What Remedy?

FOR WHAT REMEDY? Unclear From Case

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...

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

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.

PROCEDURAL POSTURE

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

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

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 Defendant’s Petition for [Certiorari] Review

FACTS

Limit to facts relevant to court’s analysis.

FACTS Limit to facts relevant to court’s analysis. Can’t determine relevance on 1 st read; select or edit after reading whole case.

ISSUE/ HOLDING

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

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?

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

“[T]he declaration and the matters therein contained were not sufficient in law to maintain an action.”

WHAT WAS INSUFFICIENT ABOUT IT?

Allegation that plaintiff pursued the fox is insufficient because pursuit alone does not create property rights in the fox.

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

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.

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?

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

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?

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.

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.

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.

DQ4. Significance of Facts. Why might it matter that the fox is caught on a deserted beach?

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.

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.

DQ4. Significance of Facts. Suppose fox fell into a well before it was shot. Change the result?

DQ4. Significance of Facts. Suppose fox fell into a well before it was shot. Change the result? Contemporary accounts suggest this really happened. Why isn’t this discussed in the case?

BROAD v. NARROW HOLDINGS NARROW Covers fewer cases Includes more facts More specific BROAD Covers more cases Includes fewer facts More general

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.

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. [???]

DQ4. Significance of Facts. Why might it matter that the hunted animal is a fox as opposed to some other animal?

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.

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

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. [???]

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

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