Applying Legal Rule /Test

1
Applying Legal Rule /Test

• Look for best arguments for each party
• Be Cognizant of Structure of Test
• Use Care w Language
• Utilize Definitions
• If significant doctrinal arguments for both
  parties, try to resolve with
• Comparisons to facts of cases
• Other language from cases
• Policy Arguments (incl. Purpose of Rule)

2
END OF DQ43 (IRON) Apply Natural Liberty Element
to Manning

• Definition to provide for itself, in the
  broadest sense which the phrase may be used.
  When, by its own volition, it has escaped from
  all artificial restraint and is free to follow
  the bent of its natural inclination.
• RELEVANT FACTS QUESTIONS?

3
END OF DQ43 (IRON) Apply Natural Liberty Element
to Manning

• RELEVANT FACTS QUESTIONS?
• Time Before Recapture 5 days
• Found in Browns Kitchen
• Area Similar to Natural Habitat?
• Able to Find Food in Area?
• Able to Survive Weather in Area?

4
END OF DQ43 (IRON) Apply Natural Liberty Element
to Manning

• PURPOSE(S) OF RULE
• Protect Ordinary Finder Who Cant Tell if Prior
  Owner
• Punish Owner Who Didnt Sufficiently Enclose
  and/or Pursue

5
DQ42 (IRON) At Issue in Manning?

• Magistrate/Justice of Peace Rules in Favor of
  Plaintiff Mitcherson.
• Ga Supr Ct. The answer of the ex-officio
  justice of the peace in this case, the same being
  a certiorari and no traverse thereof, must be
  taken as true, ...
• no traverse thereof Means?

6
DQ42 (IRON) At Issue in Manning?

• Magistrate/Justice of Peace Rules in Favor of
  Plaintiff Mitcherson.
• Ga Supr Ct. The answer of the ex-officio
  justice of the peace in this case, the same being
  a certiorari and no traverse thereof, must be
  taken as true, ...
• no traverse thereof Means? Not questioning
  factual findings.
• So what are facts for purposes of the case?

7
DQ42 (IRON) At Issue in Manning?

• Magistrate/Justice of Peace Rules in Favor of
  Plaintiff Mitcherson.
• Ga Supr Ct. The answer of the ex-officio
  justice of the peace in this case, the same being
  a certiorari and no traverse thereof, must be
  taken as true, ...
• Facts for purposes of the case? Plaintiffs
  version
• So What is Defendants Legal Claim?

8
DQ42 (IRON) At Issue in Manning?

• Defendants Legal Claim
• Not Its My Bird (No Traverse)
• Not It Was Never Her Bird (In Cage for Years)
• Must Be She Lost Property Rights When It
  Escaped

9
DQ42 (IRON) At Issue in Manning?

• Why Did This Case
• Get to Georgia
• Supreme Court???!!!

10
ISSUE/HOLDING MULLETT

• Did the trial court err in dismissing plaintiffs
  case because the owner of an escaped sea lion
  retains property rights in the animal when it
  escapes with no intent to return into the
  Atlantic, where the Atlantic is not its natural
  habitat?

11
ISSUE/HOLDING MULLETT

• No, the trial court did not err in dismissing
  plaintiffs case because the owner of an escaped
  sea lion does not retain property rights in the
  animal when it escapes with no intent to return
  into the Atlantic, even though the Atlantic is
  not its natural habitat.

12
NARROWING/BROADENING HOLDINGS

• Narrowest Version of Holding Essentially Includes
  All Facts of Present Case
• Broader Holding Covers More Future Cases
• Broaden Holding by (either or both of)
• Making References to Some Facts More General
• Eliminating Some Facts

13
ISSUE/HOLDING MULLETT

• The owner of an escaped sea lion does not retain
  property rights in the animal when it escapes
  with no intent to return into the Atlantic, even
  though the Atlantic is not its natural habitat.
• No, the owner of an escaped animal ferae naturae
  does not retain property rights in the animal
  when it escapes with no intent to return to a
  place where it is free of all artificial
  restraint and can provide for itself.

14
SUBSTANTIVE HOLDING MANNING

• The original owner retains property rights in an
  escaped canary
• that had been owned for two yrs
• that responded to its name
• that has escaped and returned before
• that had distinctive crest
• that had been missing for only five days
• that owner located day after it was found

15
SUBSTANTIVE HOLDING MANNING

• The original owner retains property rights in an
  escaped canary ? animal ferae naturae
• that had been owned for two yrs
• that responded to its name
• that has escaped and returned before
• that had distinctive crest
• that had been missing for only five days
• that owner located day after it was found

16
DQ45 (Lead) Facts ? Factors

• POSSIBLE RELEVANCE OF
• that had been owned for two yrs
• that responded to its name
• that has escaped and returned before

17
SUBSTANTIVE HOLDING MANNING

• The original owner retains property rights in an
  escaped canary
• that had been owned for two yrs ?
• that responded to its name ?
• that has escaped and returned before ?
• that had been tamed
• that had distinctive crest
• that had been missing for only five days
• that owner located day after it was found

18
SUBSTANTIVE HOLDING MANNING

• The original owner retains property rights in an
  escaped canary
• that had been owned for two yrs ?
• that responded to its name ?
• that has escaped and returned before ?
• to which she had a substantial connection
• that had distinctive crest
• that had been missing for only five days
• that owner located day after it was found

19
DQ45 (Lead) Facts ? Factors

• POSSIBLE RELEVANCE OF
• that had distinctive crest

20
SUBSTANTIVE HOLDING MANNING

• The original owner retains property rights in an
  escaped canary
• that had been owned for two yrs
• that responded to its name
• that has escaped and returned before
• that had distinctive crest ?
• clearly marked
• that had been missing for only five days
• that owner located day after it was found

21
DQ45 (Lead) Facts ? Factors

• POSSIBLE RELEVANCE OF
• that had been missing for only five days
• that owner located day after it was found

22
SUBSTANTIVE HOLDING MANNING

• The original owner retains property rights in an
  escaped canary
• that had been owned for two yrs
• that responded to its name
• that has escaped and returned before
• that had distinctive crest
• that had been missing for only five days ?
• that owner located day after it was found ?
• that was found a short time after escape

23
SUBSTANTIVE HOLDING MANNING

• The original owner retains property rights in an
  escaped bird that had escaped and returned
  before, is distinctively marked, had been found
  only a short time after it escaped, and was
  located by the owner a short time after being
  found.

24
SUBSTANTIVE HOLDING MANNING

• The original owner retains property rights in an
  escaped animal ferae naturae that is tamed and
  distinctively marked.

25
SUBSTANTIVE HOLDING MANNING

• Why play with broad and narrow holdings?
• Friday
• DQ49 Squirrel Hypothetical
• ZINC COPPER

26
DQ44 (LEAD) Mining Mannings Meaning

• Significance of?
• The law of Georgia is, that to have property in
  animals, birds and fishes which are wild by
  nature, one must have them within his actual
  possession, custody or control, and this he may
  do by taming, domesticating, or confining them.