LEGAL ANALYSIS

JOANNE HAMES

Contact Information

hamesjoanne@fhda.edu

www.deanza.edu/faculty/hames

Course Objectives and Requirements

Objectives Requirements

Reading Writing Exams

Review Text

Helpful Web sites

http://www.courts.ca.gov/ http://lp.findlaw.com/ http://www.supremecourt.gov/ www.law.cornell.edu/ www.law.cornell.edu/citation/ Google scholar

Legal Analysis

What it is Analysis: Definition?

Analyzing a client’s dispute Analyzing the law

Example

Class Approach to Legal Analysis

Basic concepts of American Law How to Read and Brief a Case How to apply a case to a factual

situation How to read and analyze statutory

law How to apply statutory law to a

factual situation

Legal Analysis—IRAC/CRAC

Analyzing a client’s legal question or dispute Identify the question or Issue (or

Conclusion) Read and understand applicable law

or Rules Apply the law to the issue Reach a Conclusion

EXAMPLE

Smith was stopped because he was weaving from lane to lane. The officer thought he detected alcohol and asked Smith to perform field sobriety tests. When asked to stand on one foot, Smith fell. Smith refused to take a chemical test.

Legal Question or Issue?:

Cont.

Analyze the factual dispute (Important facts):

Applicable Law 23152. (a) It is unlawful for any

person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. (b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

Apply the law to the facts

Following facts show that Smith was under the influence of alcohol:

Weaving Odor of alcohol Inability to perform tests Refusal to take test

Officer stopped him while driving

Conclusion

Smith guilty of drunk driving

Legal Analysis and Paralegals

Necessary component of legal research and writing Identifying client’s issue Understanding the law or “rules”

Client and other interviews Document review Assisting with discovery

LEGAL ANALYSIS

Legal analysis involves applying the law to the facts and issues of a client’s problem and reaching a conclusion about the client’s rights and liabilities

Requires that you identify and understandthe facts related to the client’s problem the issues in a client’s problem the law that applies

This is a circular process

Identifying the facts

Client interviews Document reviews Third party interviews

[Need to know something about the law to identify the important facts]

Identifying the Issue

Attorney question Often Requires legal knowledge Relates to why client is seeking

legal help

Example

Recall “Smith” example: Change the facts: Instead of weaving, Smith is involved

in an accident in which driver of other vehicle is injured. Police are called, detect odor of alcohol, etc.

What is the issue?

Identifying and understanding the Law

Starting point for Legal Analysis

This is where we will start

Some Basic Concepts

Types of Law Jurisdiction Case Law and Stare Decisis Administrative Regs Constitutional Law

The “R” in IRAC-Rules

Case Law

Statutory Law

Administrative Regs

Constitutional Law

State v. Federal

Each has all categories of law

Types of Analysis or Application—the A in IRAC

If law is case law, then facts and reasoning must be compared and/or contrasted with facts of your case

If law is statutory or constitutional, then statute must be broken down into elements and each element applied to facts.

Example: Case law Factual dispute: Jones buys a used car.

The brakes fail within a week and Jones is injured. Jones sues dealer based on strict liability.

Case Law: LaRosa is injured when a punch press malfunctions. The punch press was purchased as used. He sues seller of punch press for strict liability. Court of appeals says no strict liability

Example: Statutory Law S and friends barge into a hotel room and

demand that S’s property be returned to him. Some of the friends have guns.

P.C.211. Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.

Example: Constitutional law

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…(4th Amend.)

Police search the trunk of a car of a man stopped for speeding and find drugs

Legal Analysis—The starting point and end product Starting: Reading and

understanding controlling or applicable law

End Product: Interoffice memorandum Memorandum of Points and Authorities Trial Brief Appellate Brief

Legal Analysis--Case Law

What case law stems from--decision of a factual dispute by a court; based on common law

Concept of Stare Decisis Once a factual dispute and issue have

been resolved, the same rule applies to subsequent cases

Case Law/Stare Decisis

Case Law in American Law—Stare Decisis

Published decisions from appellate or supreme courts and

Published cases from higher court and Published cases from same jurisdiction

JURISDICTION

In Legal Analysis = State or Federal

Case authority must come from higher court in controlling jurisdiction

Look to nature of trial court

Federal Court System

U.S. Supreme Court(Decisions binding on all lower courts)

U.S. Courts of Appeals (13 Circuits)

(Decisions binding on U.S. District Courts within same circuit)

U.S. District Courts (trial courts)

(Decisions not binding on other courts)

State Court System

California Supreme Court(Decisions binding on all California courts

of appeals and superior courts)

Calif. Courts of Appeals (6 Districts)(Decisions binding on all superior courts)

Calif. Superior Courts (trial courts)

(Decisions not binding on other courts)

Published = Reported Supreme court cases (U.S. and State)

All published or reported Appellate Courts

Decision to publish—deciding court Higher court can review publication

Publication nullified if hearing granted in higher court

Trial courts Publication is for interest only—never stare

decisis

Publication in Electronic Age Check online services for

“unreported cases”

How Cases are Reported

Book Format Federal Reporters

State Reporters Electronic Format

Internet CD

Court Opinion v. Editorial Enhancements Court Opinion

Written by Judges Public record—anyone can republish Many court opinions found on Internet

Editorial Enhancements Added by publisher Subject to copyright protection Found on Internet only in proprietary sites such

as Westlaw and Lexis Let’s look at Weirum in Appendix 252

Weirum

15 Cal.3d 40, 123 Cal. Rptr. 468

Case Reporting Process Appellate Court issues written opinion Publishers (usually West and Lexis Law

Publishing) obtain court opinion and add editorial enhancements or features Summary Headnotes Parallel citations

Case published (both in print and online through Lexis and Westlaw)

Official v. Unofficial Reporters

Official—either the gov’t or a publisher that contracts with gov’t

Same case law appears in both

Official is not better law, but courts require citations to this source

Primary Authority v. Secondary

Primary Authority--the law itself

Secondary Authority--explanation or discussion of law

Primary Authority

Case law Statutes (Codes) Ordinances Constitutions Administrative Regulations

Secondary Authority

Treatises Dictionaries Periodicals Encyclopedias Restatements

Mandatory Law v. Persuasive

Mandatory Constitution, statutes from jurisdiction Case law from higher courts in same

juris. Case law from fed cts of appeal of same

circuit Case law from Supreme court

Persuasive Everything else

Appeal

Usually appellant v. appellee

Civil Case--Both parties usually have right to appeal once

Criminal Case--Defendant only can appeal; both sides could file writs

Writs

Mandate or mandamus order from higher court to lower court or

to administrative agency

Habeas Corpus Usually criminal case; defendant claims

unlawfully in custody; often looks like an appeal; allows defendant to ask for review more than one time

Certiorari/ Review

Understanding Case Law

What courts of appeals do Review questions of law, not questions of

fact Apply statutory law Apply constitutional law Apply rule of stare decisis

compare facts of prior cases follow cases with analogous facts and issues distinguish cases with different facts

Reading a Case—Before you Begin

Understand publishing format Understand special features Have a legal dictionary handy—

and use it!

Format of Typical Reported Case—

Common Features: Case Name Court Date Summary (usually added by publisher) Headnotes (added by publisher) Opinion (this is where you find case law) Concurring Opinions Dissenting Opinions

Special Features

• U.S. Supreme Court cases--Official syllabus

• West Reporters--key numbering system

• Official v. Unofficial reporters

West Key Number System

• Method developed by West to allow indexing of cases

• West creates a list of legal topics– All rules of law found in cases are assigned to one or

more topics– Topics are subdivided into sections and given a key

number

• Topic and Key Number and Rule of law are placed in a headnote.

West Key Number—Print View

• See sample pages

West Key Number—Westlaw View• West Headnotes•

[1] KeyCite Notes

313A Products Liability   313AI Scope in General     313AI(B) Particular Products, Application to       313Ak57 k. Presses. Most Cited Cases

Assuming that defect or defects in punch press which injured claimant were attributable to design or fabrication of the press by original manufacturer, seller of used punch press could not be deemed, in the requisite sense, an integral component of the enterprise which placed the press on the market and, thus, could not be held strictly liable for the original defect or defects.

[2] KeyCite Notes

313A Products Liability   313AI Scope in General     313AI(A) Products in General       313Ak23 Persons Liable         313Ak23.1 k. In General. Most Cited Cases          (Formerly 313Ak23)

The enterprise liability doctrine, which forces entrepreneur to include certain enterprise-related costs, such as costs of injuries caused by defective products, as part of cost of doing business, while superficially applicable to any merchant selling the product, by no means compels application of strict liability to dealers in used goods.

Understanding Case law

Starting point for legal analysis using cases, requires that you read and understand the case

First you must understand all terminology used by court

Briefing a case can help understand it

Briefing a case Summary of case Breaking case into common

component parts Procedural history Facts Issues Holdings Rationale

Rules relied upon by court Application of those rules

Case Brief—Alternative format

Judicial History (Procedural History) Facts Issue Rules relied upon by Court Application or Analysis of Rules Conclusion

Review Brief

How to Successfully Read Cases

Have a dictionary Brief case Read a lot of cases Be Patient

Analyzing a Case

Caption and Procedural History

Name of parties citation procedural history

Decoding the Caption

Full names of parties and related actions

name of case is last name of first named party(appellant/petitioner) versus last name of first named appellee/respondent

Examples

http://www.courtinfo.ca.gov/opinions/www.supremecourtus.gov

VICTOR A. RITA, PETITIONER v. UNITED STATES

No. 06-5754

SUPREME COURT OF THE UNITED STATES

127 S. Ct. 2456; 168 L. Ed. 2d 203; 2007 U.S. LEXIS 8269; 75 U.S.L.W. 4471; 20 Fla. L. Weekly Fed. S 381

February 20, 2007, Argued June 21, 2007, Decided

Special Vocabulary Et al In re

juvenile matters probate Domestic

Respondent Petitioner Disposition Per Curiam opinion Plurality opinion Certiorari Inter alia

Special vocabulary--citations

Id. Supra Cf Et seq.

Citations

Bluebook

California

ALWD

Citation--Bluebook

Case name Vol. Reporter/series Page (Circuit Date)

Smith v. Jones 101 P.2d 62 (Ariz. Ct. App 1994)

Rochester v. Tucker, 488 U.S. 960 (1992)

Flynn v. Brown, 106 F.2d 987 (5th Cir. 1972)

Flynn v. Brown, 96 F. Supp. 456 (S.D.N.J. 1971)

SEE PAGE 12 IN TEXT

Citation—California Style Manual

Smith v. Jones (Ariz. Ct. App 1994) 101 P.2d 62

Allen v. Bates (1994) 34 Cal. App. 4th 376, 289 Cal. Rptr. 78

Rochester v. Tucker (1992) 488 U.S. 960

California Reporters

• Cal. California Reports

• Cal. App. California Appellate Reports

• Cal. Rptr. California Reporter

• P. Pacific Reporter

• LEXIS

• D.A.R. Daily Appellate Reports

Federal Reporters

• U.S. United States Reports

• S.Ct.Supreme Court Reporter

• L.Ed. Lawyers Edition

• F. Federal Reporter

• F.Supp Federal Supplement

• Lexis & WL

Procedural History

• Nature and result of all proceedings that occurred PRIOR to case report you are reading

Appellate Process--Civil Cases

STATE FEDERAL

State Trial Court District Court

Appellate Court Circuit Ct. of Appeals

State Supreme Court U.S. Supreme Court

(If Federal Issue) (Writ of Cert.)

Appellate Process--Criminal Cases

STATE FEDERAL

State Trial Court District Court

Appellate Court Ct. of Appeals

State Supreme Court U.S. Supreme Court

(Certiorari)

PRIOR PROCEEDINGS VS. CURRENT PROCEEDING

• Judicial History = Prior Proceedings

• Examples:– Hill v. Crosby

Procedural History

Prior Proceedings: Give complete details

Current Proceedings: Only tell who has appealed (or filed writ) and what court is hearing it; DO NOT give results of current proceedings in this part of brief.

Components of a Procedural History

Prior Procedings: Trial court

Parties’ names Relationship of Parties Who sued whom Result of trial court proceedings

I.e. Verdict, motion for summary judgment/other motion/dismissal

Who appealed

Procedural History cont.

If current proceeding is in Supreme court then also discuss appellate court proceedings: Identify Court Result of appeal

reverse/remand/affirm

Current Proceeding The Judicial History has a brief

statement about how the case arrived at the current proceeding: i.e. (If decision is appellate court decision, then

“Plaintiff appealed.” or “Plaintiff filed a petition for writ of mandate, etc.”).

(If Supreme Court) then “Supreme Court granted a hearing.”

END JUDICIAL HISTORY HERE

Writing Judicial History

Refer to trial court as “trial court” This is history--write in past tense and

use complete sentences State what courts did—Give a brief

reason Avoid word “contend” DO NOT TELL WHAT CURRENT COURT

DID--ONLY TELL HOW CASE GOT THERE

Judicial History Checklist—What to Include

1. Identify who sued whom

2. Describe the general nature of the suit in one sentence

3. Describe the procedures that occurred in the trial court i.e. Were motions made?

Was there a jury/court trial? Who won?

4. If the case is in a state Supreme Court, explain what the appeals court did.

Affirm/reverse/remand 5. If the case is in the U.S. Supreme Court, on a writ from a

state supreme court, what did the state supreme court do?

Notes on Writing Judicial History

Use verbs that describe something that the court does or that a party does in court:

Party: SueFileMake a motionAppeals Petitions

Cont.Trial Court: Award judgment Jury returned a verdict Granted Motion Denied Motion

Appellate Court: Affirm Reverse Remand

* Be sure to be specific as to what is affirmed or reversed