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