lrw week 1
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LRW Week 1. Legal Method, Reasoning, and Authority; The Life of a Case and Jurisdiction SAMPLE. Legal Method. Research Analysis Communication Teaching yourself the law so that you can advise others or advocate on your client’s behalf. Dispelling Apprehension. - PowerPoint PPT PresentationTRANSCRIPT
LRW Week 1LRW Week 1Legal Method, Reasoning, and
Authority;
The Life of a Case and Jurisdiction
SAMPLE
Legal MethodLegal Method
ResearchAnalysisCommunication
Teaching yourself the law so that you can advise others or advocate on your client’s behalf
Dispelling ApprehensionDispelling Apprehension
Am I going to be good at this course? Do I have the skills to excel at this
course?
YES Students of engineering, mathematics, computer
science, theology, English, psychology, history, philosophy – and many more – all can excel at LRW
Why is legal writing so Why is legal writing so accessible to everyone?accessible to everyone?
It is not creative writing, or poetry, or composition in the typical sense
It requires logical, orderly thinking, and orderly presentation
People who did well on the LSAT should do well in LRW
It has to be understandableIt does not have to be pretty
The rest of this presentation will be made available to all professors who adopt one of the Murray & DeSanctis texts
Primary AuthorityPrimary Authority
STATUTES– Constitutions, ordinances, treaties, etc.
ADMINISTRATIVE LAW– Rules and regulations, licenses, decrees, etc. from an
administrative body CASE LAW
– Judicial opinions
This order matters – entities that are charged with law making and rule making have priority over courts who make law as a by-product of their adjudicatory functions
Secondary AuthoritySecondary AuthorityCommentary and interpretation of the
law by law professors and othersTreatises, law review articles,
restatements of the law, encyclopedias, practice guides, etc.
Never controlling; but may be the only authority on the topic
ExamplesExamplesStatute – The rest of this presentation will be made
available to all professors who adopt one of the Murray & DeSanctis texts
ExerciseExercise
Client buys fishing lure over the internet . Goes fishing, hooks himself. Suffers massive allergic reaction to the metal in the hook.
All events happened in Remote County, Flog.
The rest of this presentation will be made available to all professors who adopt one of the Murray & DeSanctis texts
Legal ReasoningLegal Reasoning
Rule BasedAnalogical (by Analogy)Policy BasedNarrative
Rule BasedRule Based
The answer is X because the authorities establish the rule that governs this situation, and the rule requires certain facts to be present, and these facts are present, so the application of the rule to the facts produces X result.
AnalogicalAnalogical
The rest of this presentation will be made available to all professors who adopt one of the Murray & DeSanctis texts
Chapter 2 ExercisesChapter 2 Exercises A. Every person who, under color of any
statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law. 42 U.S.C. § 1983 (1994). [2 elements]
SolutionSolutionA. A person shall be liable to the party injured if they:
(1) act under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, and
(2) subject, or cause to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws. 42 U.S.C. § 1983 (1994).
Chapter 2 ExercisesChapter 2 ExercisesB.The rest of this presentation will be made
available to all professors who adopt one of the Murray & DeSanctis texts
Chapter 3 Timeline of Civil LitChapter 3 Timeline of Civil Lit The rest of this presentation will be made
available to all professors who adopt one of the Murray & DeSanctis texts