Transcript Introduction to Legal Analysis & Statutes

Introduction to Legal Analysis,
Weight of Authority & Dicta
Syllabus Review
© Professor Njeri Mathis Rutledge,
LRW
Stare Decisis
stä’-rā dě-sī-sĭs
• legal doctrine when judicial opinions
operate as law
•short for stare decisis et non quieta movere –
•is a Latin term meaning :
•“to stand by precedents and not disturb
settled points.”
What’s a Precedent?
• A court’s past decision, recognized
as authority
Mandatory or Binding Precedent
• Refers to authority the courts are required to
follow
• To determine if precedent is mandatory you must
determine:
– whether the earlier case arose out of the same
jurisdiction as the current court
– whether the earlier case was by a higher court
– whether the case is factually similar applying the
same law
Persuasive or Non-Binding
Precedent
• Refers to a case the court may consider,
but is not required to follow.
• Usually considered if the issue of law was
not previously litigated in the particular
jurisdiction, so the court will look to other
cases for guidance
Vertical System
State courts must follow precedents from
higher courts in the same jurisdiction
Federal courts bound by higher courts in
the same jurisdiction
Court of Last Resort

Intermediate Appellate Court

Trial Court
Primary Sources of Law
• Common law (judicial decisions) from
Judges
• Enacted Law (statutes, constitutions,
administrative regulations)
Secondary Sources of Law
• Sources that explain or give commentary on
primary authorities
• Not considered very persuasive, but help
locate primary authority
• Examples: treatises, hornbooks, law review
articles, legal encyclopedias
Hierarchical Relationship of
Primary Authority
• Constitutions
– May place constraints on state statutes and case opinions
that are contradictory
• Statutes
– May constrain case law and administrative regulations or
rulings
– But a court may still interpret meaning of a statute or
constitutional provision to determine if it applies
• Case law
– May constrain administrative decisions
• Administrative decisions
Which Has Greatest
Precedential Value
• A state statute or an opinion of that state’s
highest court
• An agency regulation or a state statute
• A state constitutional provision or a state
statute
• An opinion of the state’s highest court or
ruling by a state agency
• State constitutional provision or an opinion
from state’s highest court
Example adapted from Linda H. Edwards, Legal Writing & Analysis (2003).
Holding vs. Dicta
• Holding – statement in the court’s decision about
the issues before it (the court’s answer)
• Courts bound by precedent are only bound by the
holding of the prior cases
• Courts are not bound by dicta
• Holding is limited to the court’s statements
resolving the question actually at issue (issues
necessary to the result reached)
Holding vs. Dicta
• Dicta – remarks that are not essential to the
holding
• Dicta – can be statements about principles of law
• Dicta – statements about how the law might apply
in hypothetical facts
• A judge may choose to follow dicta, (persuasive)
but is never bound to do so
• In some cases the dicta may be debatable
Example, State v. Haley
• Fn. 5 The state contends that we answered this
question in the affirmative in State v. Peters,
supra. The defendant in Peters alleged that his
mother’s illness required him to drive her to the
hospital. The severity of the defendant’s mother’s
illness was not in issue, but we noted in passing
that “the jury could have found [from the
evidence] that the situation appeared to defendant
to be life threatening.” . . . The issue in Peters
involved the second element. Our brief discussion
of the “injury” element was therefore dictum
rather than a considered interpretation of the
pertinent statutory language.
Holding vs. Dicta
• The holding in a case can be formulated
narrowly or broadly
• When writing about judicial decisions,
choose your words wisely
– Example: for the holding try—the court held
– Example: for dicta try—the court stated,
explained, or hypothesized
Exercise – recognizing
holding & dictum
Dictum or Holding
• An item must be physically delivered unless
physical delivery would be impracticable.
Dictum or Holding
• An item locked in a safe deposit box in a
bank closed for the weekend need not be
physically delivered.
Dictum or Holding
• A small, light, freely accessible item must
be physically delivered in order to complete
a valid gift.
Dictum or Holding
• To constitute a valid gift of personal
property, the donor must manifest his
intention to make the gift.
Analyzing Statutes
Statutes
• Defined – written law enacted by a
legislature
• Both federal and state statutes
• Local statutes from city or county
government - ordinances
Locating Statutes
• Codes
• Statutes are usually divided into titles,
topical areas
• Further divided into sections §
Annotated Code
• Some statutes, like cases published multiple
places
• Annotated code has text of the statute and
research references.
– Historical notes, case summaries, cites to secondary
sources
• Unannotated code only has the text of the
statute.
Statutes & Legal Analysis
• Thinking or writing about legal analysis
– Begin with the statute
– Follow with cases interpreting the statute
• If a statute has been interpreted by the
courts, discuss the relevant case law
• If there is binding precedent interpreting the
statute, explain how the interpretation
applies to the facts of your problem