SMG LA 245 Lecture 1: Law chps 1-6 Notes of Chapters 1 thru 6
1
Introduction to Law
Law Embodies Constant Tension Between Predictability versus
Flexibility
Predictability
Law must be predictable to command respect, provide guidance,
maintain order
Predictability is ensured by-
The “Rule of Law”
The principle that the law applies to everyone
Stare Decisis
Latin term that means “let the decision stand”
Principle that judges should apply precedent to decide future cases
3 or more judges in appellate courts instead of 1 judge in trial court to apply
correctly
Flexibility
Law must be flexible to accommodate change
Flexibility is ensured by-
Legislative power to enact new statutory law
Administrative agency power to interpret laws and promulgate rules
Judicial power to modify and overturn precedent, interpret statutes, and
expand the common law
While judges have the power to ignore stare decisis and overturn
precedent, generally they only do so for compelling reasons
How Do Lawyers Think?
Legal reasoning consists of-
Identifying the material facts, the issues the facts raise, and the rules
of law that govern resolution of the issues,
Analyzing the law and facts together, and
Determining the outcome that is consistent with precedent
Legal Analysis
➢ Facts
Identify the material facts
The dispute that gave rise to a lawsuit is made of up facts, e.g.-
Who did what to whom
What a document said
Whether it was raining at the time of the accident
Whether the defendant is left-handed
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2
A fact is material if it could affect the outcome
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3
Facts are “found” by the trier of fact
The jury, or
The judge, if the case is tried without a jury (a "bench trial")
Issue
Identify the legal issues the facts raise
This is one of the things law students learn in law school
Law
Identify the rules of law that govern resolution of those issues
A rule of law is a legal principle, statute, etc. that is relevant to a legal issue
raised by the facts
Prima facie case
Each legal claim, or cause of action, consists of a number of specific
elements
The elements constitute the prima facie case of that claim or cause of
action
A person loses with respect to a particular claim or cause of action if-
He fails to introduce evidence to prove each element of its prima facie case, or
He fails to prove each element of its prima facie case by the applicable
burden of proof
A prima facie case is like a recipe
If one of the elements/ingredients is omitted, you won't have the result you
intended
Burden of proof
The burden of proof is the duty the law imposes upon a party to a lawsuit
to prove a prima facie case in order to prevail
The burden of proof depends on the type of case or claim
In criminal cases the government must prove the case against the
defendant beyond a reasonable doubt ( maybe he is innocent)
Does not mean beyond all doubt, but beyond the doubts a reasonable
person would have upon hearing the evidence
In most civil cases the plaintiff must prove its claim by a preponderance
of the evidence (who says the truth better)
This means the finder of fact believes the plaintiff’s version is slightly
more likely than the defendant’s version
In certain civil cases the plaintiff must prove its claim by clear and
convincing evidence
Analysis
Apply the rules of law to the facts, and use precedent to see how prior
courts have applied the rules to similar facts
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Document Summary
Law must be predictable to command respect, provide guidance, maintain order. The principle that the law applies to everyone. Latin term that means let the decision stand . Principle that judges should apply precedent to decide future cases. 3 or more judges in appellate courts instead of 1 judge in trial court to apply correctly. Administrative agency power to interpret laws and promulgate rules. Judicial power to modify and overturn precedent, interpret statutes, and expand the common law. While judges have the power to ignore stare decisis and overturn precedent, generally they only do so for compelling reasons. Identifying the material facts, the issues the facts raise, and the rules of law that govern resolution of the issues, Determining the outcome that is consistent with precedent. The dispute that gave rise to a lawsuit is made of up facts, e. g. - Whether it was raining at the time of the accident. A fact is material if it could affect the outcome.
