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LRW Week 1. Legal Method, Reasoning, and Authority; The Life of a Case and Jurisdiction SAMPLE. Legal Method. Research Analysis Communication Teaching yourself the law so that you can advise others or advocate on your client’s behalf. Dispelling Apprehension .

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lrw week 1

LRW Week 1

Legal Method, Reasoning, and Authority;

The Life of a Case and Jurisdiction

SAMPLE

legal method
Legal Method
  • Research
  • Analysis
  • Communication
  • Teaching yourself the law so that you can advise others or advocate on your client’s behalf
dispelling apprehension
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
why is legal writing so accessible to everyone
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
slide5
The rest of this presentation will be made available to all professors who adopt one of the Murray & DeSanctis texts
primary authority
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
secondary authority
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
examples
Examples
  • Statute –
  • The rest of this presentation will be made available to all professors who adopt one of the Murray & DeSanctis texts
exercise
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.

slide10
The rest of this presentation will be made available to all professors who adopt one of the Murray & DeSanctis texts
legal reasoning
Legal Reasoning
  • Rule Based
  • Analogical (by Analogy)
  • Policy Based
  • Narrative
rule based
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.
analogical
Analogical
  • The rest of this presentation will be made available to all professors who adopt one of the Murray & DeSanctis texts
chapter 2 exercises
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]
solution
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).
chapter 2 exercises1
Chapter 2 Exercises
  • B.
  • 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 lit
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