LRW Week 1

1. LRW Week 1 Legal Method, Reasoning, and Authority; The Life of a Case and Jurisdiction SAMPLE

2. Legal Method • Research • Analysis • Communication • Teaching yourself the law so that you can advise others or advocate on your client’s behalf

3. Dispelling 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

4. Why is legal writing so 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 understandable • It does nothave to be pretty

5. The rest of this presentation will be made available to all professors who adopt one of the Murray & DeSanctis texts

6. Primary 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

7. Secondary Authority • Commentary and interpretation of the law by law professors and others • Treatises, law review articles, restatements of the law, encyclopedias, practice guides, etc. • Never controlling; but may be the only authority on the topic

8. Examples • Statute – • The rest of this presentation will be made available to all professors who adopt one of the Murray & DeSanctis texts

9. Exercise 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.

10. The rest of this presentation will be made available to all professors who adopt one of the Murray & DeSanctis texts

11. Legal Reasoning • Rule Based • Analogical (by Analogy) • Policy Based • Narrative

12. Rule 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.

13. Analogical • The rest of this presentation will be made available to all professors who adopt one of the Murray & DeSanctis texts

14. Chapter 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]

15. Solution A. 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).

16. Chapter 2 Exercises • B. • The rest of this presentation will be made available to all professors who adopt one of the Murray & DeSanctis texts

17. Chapter 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