Rules & Case Analysis

Anbal Rosario Lebrn August 19th, 2010

Learning Styles B3
Global 9 7 2

Sequential

11

10

Verbal

Visual

16

Intuitive Sensing

4 13

3 9 3

Reflective Active 0 10

16 8

1 3

10 1-3

15 5-7 9-11

20

25

30

Components of a Rule
Test Result Casual Term Exceptions*

Types of Rule
Mandatory Prohibitory Discretionary Declaratory

Another way of looking at rules

Elements Test
For the deed to be valid, it must be signed by a notary public

Balancing Test
The evidence of prior bad acts will be admitted if the probative vale outweighs the prejudice to the defendant.

Totality Test
The court will find a person is under police custody if under the totality of the circumstances, a reasonable person would have understood the meeting with the police as such.

Exception test
In order to search a home police need a warrant and probable cause except to perform a protective weep or a search incident to arrest.

Exercise A
MANDATORY WITH AN EXCEPTION
When all the elements are present, what happens?

What events or circumstances set the rule into operation? 1. An unsigned paper 2. after being called to the attorneys or partys attention

the court must

Even if all the elements are present, could anything prevent the result?

Strike the paper

Unless the omission of signing it is promptly corrected by the attorney or the party

Exercise B
DISCRETIONARY
When all the elements are present, what happens?

What events or circumstances set the rule into operation? 1. the Court determined Rule 11(B) has been violated 2. notice 3. reasonable opportunity to respond the court may

Impose any appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation

Even if all the elements are present, could anything prevent the result?

Exercise C
MANDATORY WITH AN EXCEPTION
When all the elements are present, what happens?

What events or circumstances set the rule into operation?

1. Violation committed by the firms partner, associate or employee

the court must

Even if all the elements are present, could anything prevent the result?

Held the law firm jointly responsible

Absent exceptional circumstances

Exercise D
DECLARATORY
When all the elements are present, what happens?

What events or circumstances set the rule into operation? 1. disclosure and discovery request/response/objection/ motion under Rules 26-37

Rule 11 (a) Does (is)

Even if all the elements are present, could anything prevent the result?

Not apply (not applicable)

Good Lawyers are Good Readers

Characteristics of a Good Reader/Lawyers

Read & Reread the material until you are sure that you understand it Synthesize the Cases/Statutes that you read Place Cases/Statutes into their social & historical context Judge the Cases/Statutes you read Read for a Specific Purpose Understand that Cases/Statutes can be read in more than one way

Anatomy of the Judicial Decision

Procedural Events Pleaded or Evidentiary Events Issues Summary of Arguments Holding Applicable Law Rationale Dicta (Obiter Dictum) Disposition
Heading Summary* Headnotes* Syllabus* Preface Facts Applicable Law Application of the Law to the Facts Holding Disposition Non Majority Opinions

Heading

Syllabus Summary

Headnotes

Preface

Applicable Law

Facts

Holding

Application of the Law to the Facts Disposition

Concurring

How to Analyze a Case

Heading = Credits Facts = Plot Issue = Conflict of the Story Holding = What they never tell in the review Rationale = The reasons that explain characters actions or choices Comments = Awards, Interesting Data, Critique

Usual questions in a case discussion

What happened in the case? What is the issue? What is the decision of the Court? What is the rationale of the Court? What is the significance of the decision in terms of previous precedent? What are the policies underlying the decision? What is the position of the concurring judge? How would you describe the rule that comes from the case?

Assignment
Read:
Neumann: 71-75; 193-202;139-151. Exercise on page 150. (To hand in)