Transcript Analyzing Facts Statutes and Elements

Analyzing Facts, Statutes &
Elements
Using the Law to Determine the Legal
Issue
©Professor Mathis Rutledge
Important Job All Lawyers Have
in Common
• Making predictions
• Answering questions
Prediction vs. Persuasion
• Before you can make a persuasive
argument, you must first:
• Know the law
• Look at the legal rules and issues raised
objectively
• Consider arguments & counter arguments
Legal Analysis, in its most basic
sense involves answering questions
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from judges
from clients
from professors
from other lawyers
from examiners
Typically, Questions Are Broad
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Can I sue?
Do I have a case?
What will be the result?
Will I be found guilty?
Were my rights violated?
To answer the broad question,
determine the legal issue
Three Types of Facts
• Essential or Determinative
• Explanatory
• Coincidental
Determinative Facts
• Also known as Essential Facts
• The facts that are essential to the
controversy
• Test: If a change in a fact would cause
the court to reach a different decision
it is determinative
Explanatory Facts
• Useful facts
• These facts help the story make sense
Coincidental Facts
• Facts that just happened
• They have no relevance or usefulness
• Should be omitted from memos, briefs, and
examinations
Which Facts Matter?
• Look for the determinative or essential
facts
• Facts that will determine the outcome in a case
• The essential facts and the elements in a
case are dependent on each other
• So, knowing the essential facts depends on
knowing the elements of the claim and vice
versa
Burglary Hypo
In Addition to the Facts
You Need the Law
The Elements
• All claims have distinct requirements
• Some based on enacted law
• Some based on common law
• Break down the requirements, and analyze
each separately
Statutes
• Defined – written law enacted by a
legislature
• Both federal and state statutes
• Local statutes from city or county
government - ordinances
Organization of a Statute
• Title – Statutes name or section number
• Definitions – statutory terms of art
• General Rule – most have multiple general rules.
Describes the conduct to be encouraged or prohibited
• Exceptions
• Consequences & Enforcement – penalty for violating:
payment of damages, criminal sanction, civil fine, etc.
The Basic 5W’s
• Whose
• What
• When
• Where
• What
actions are covered?
kinds of actions are
required, prohibited or
permitted?
was the statute
effective?
must the actions (not)
have taken place to be
covered?
consequences follow?
Relationship Between Elements in a
Mandatory Rule
• AND:
• OR:
Each element must be
satisfied
Either one of two or more
elements may satisfy the
statute
Mandatory vs. Discretionary Rules
• Mandatory language: if elements are met,
compels a certain result
• SHALL:
Usually Mandatory
• SHALL NOT:
Usually Prohibitory
Discretionary Rules
• Court MAY consider the following factors
Finding the Elements/Outlining
Statutes
• Break each component of the statute into
smaller separate parts
• Outlining a statute and identifying the
elements will assist in your legal writing
and analysis.
Or. Rev. Stat. § 163.212(1)
• A person commits the crime of unlawful use
of an electrical stun gun, tear gas or mace in
the second degree if the person recklessly
discharges an electrical stun gun, tear gas
weapon, mace, tear gas, pepper mace or any
similar deleterious agent against another
person.
Outline of Oregon Statute
• 1. Recklessly
• 2. Discharges
• 3. One of the following:
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A) electrical stun gun, OR
B) tear gas weapon, OR
C) mace, OR
D) tear gas
E) pepper mace, OR
F) any deleterious agent
• 4. Against another person
Benefits of an Elements List
• defines the issue
• outlines the law for written analysis
• for statutory or common law claims
Terroristic Threat
Tex. Pen. Code Ann. § 22.07
• (a) A person commits an offense if he threatens
to commit any offense involving violence to any
person or property with intent to:
• (2) place any person in fear of imminent serious
bodily injury; or
• (3) cause impairment or interruption of public
communications, public transportation, public
water, gas, or power supply or other public
service.
Common Law Fraud:
• Deluca v. Fletcher: a person may be
liable for common-law fraud if he
knowingly makes a false statement of
material fact to another person who
justifiably relies on the statement
and suffers damages by relying on
the statement.
Analyzing A Statute Recap
• Does the statute apply
• Look at the dates of the statute & your problem
• Look at the definition section for key terms
• Are there any exceptions that apply to your case
• Break down the statutory requirements into
elements
• Look at annotated versions for citations to cases
which have interpreted the statutory language at
issue
The statutory issue
• When a case involves a statute, the issue
can come from the statutory language
State v. Haley
• ORS 487.560(2)(a): In a prosecution . . . It
is an affirmative defense that:
• (a) An injury or immediate threat of injury
to human or animal life and the urgency of
the circumstances made it necessary for the
defendant to drive a motor vehicle at the
time and place in question.
• One of the issues:
• Does an injury or threat of injury to human
or animal life mean that the injury or threat
be of life-threatening severity?
Dealing with Ambiguity
First, start with case law
If there is no precedent . . .
Six Tools in
Statutory Interpretation
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Plain meaning of the text
Commentators
Administrative Agencies
Public Policy
Canons of Construction
Legislative purpose/intent
Plain Meaning
• Look at the text.
Courts will apply the plain meaning unless the
result would be absurd.
Commentary
• Judges in other jurisdictions
• Legal academics
• The identity of the commentator matters.
Agency Interpretations
• Look at the agency’s regulations or relevant
administrative orders
• Can be located in the Code of Federal
Regulations (C.F.R.)
• The agency’s interpretation must be
reasonable, it does not have to be the best
interpretation. Chevron Inc. v. Natural
Resources Defense Council, 467 U.S. 837
(1984)
Public Policy
• Certain statutes have general policies that
call for strict or liberal construction
• Some statutes identify their purpose (look at
the preamble)
Policy Examples
Statutes that effectively overrule case law
should be strictly construed
Statutes making certain conduct a crime
should be narrowly construed
More Policy Examples
Statutes should be read to preserve
constitutionality
Statutes should be construed in light of the
harm it was intended to remedy
Canons of Construction
• Unofficial court rules used for statutory
interpretation
• Numerous
Some Canons of Construction
• Statutes must be read as a whole
• Interpretation should give effect to rules of
grammar and punctuation
• Terms of art should be construed as such,
ordinary terms should be given their ordinary
meaning
• Modifying words or phrases modify the prior
word closest to the modifier
• All dogs and cats that are black would mean all dogs
and all black cats
More Canons of Construction
• In Pari materia – statutes on the same
subject matter should be read together
• Same person, thing, common purpose
• Ejusdem generis – of the same class. Used
in statutes with catchall phrases.
• Ex. No one may transport vegetables, dairy, fruit or
other products without a certificate of conveyance. A
court may interpret other products to be limited to food
products.
• Expressio unius, exclusio alterius –
expression of one thing excludes another.
• If a statute expressly lists what is included, it is
thought to exclude that which is not mentioned.
• Ex. Text mentions black cats and white cats it
probably does not apply to gray cats.
Legislative Intent
• Look at legislative history
• Legislative history – paper trail of the
legislative process
• Committee reports, debate transcripts,
speeches, witness testimony, studies
Legislative History
• Considered more relevant on the federal
level (and easier to locate)
• Challenging, many statements may be based
on political compromise
• Judges and scholars criticize reliance upon
• Difficult to research