music: sergei prokofiev, peter & the wolf (1936) philadelphia orchestra (1977) conductor: eugene...
TRANSCRIPT
MUSIC: SERGEI PROKOFIEV, PETER & THE
WOLF (1936) PHILADELPHIA Orchestra (1977)conductOR: EUGENE ORMANDY
NARRATOR: DAVID BOWIE
Liesner DQ16: Uranium
What are “the superior advantages which the trial court had”?
• Visual Observation of Witnesses• Hearing Testimony
Liesner DQ16: Uranium
What do these advantages suggest about the appropriate role of the
appellate court in reviewing factual determinations made by juries or
trial judges?
Liesner DQ16: Uranium
What do these advantages suggest about the appropriate role of the appellate court in
reviewing factual determinations made by juries or trial judges?
DEFERENCE!!
Liesner Brief: UraniumRATIONALES
•Not a lot in a narrow case reviewing sufficiency of the evidence.•Might give substantive rule as a doctrinal rationale.•Might give “superior advantages” as a policy rationale
LOGISTICS: CLASS #7• Dean’s Fellow Make-up Fri 1:30-2:20 Room F109• Radium: Shaw Brief Due Thurs @9pm– Qs on Instructions?
• Other Qs on Instructions for Written Assignments/ Common Writing Concerns?
• Everyone Called On!!
Liesner DQ17-18: Radium• 17. In its second paragraph, the court announces the
“prevailing rule.” What does the court mean by “vested”? By “divested”? What types of evidence would you try to find in order to prove that this test was or was not met? What policies support the rule? What policies suggest that it has problems?
• 18. Suppose you had to use the “prevailing rule” to decide the outcome in Pierson? What arguments could you make for each side?
•
Liesner DQ17: Radium“Prevailing rule” (Three Formulations):
•Property in a wild animal created if people have “substantially permanently deprived [animal] of his liberty—had him so in their power that escape was highly improbable, if not impossible….”
•“The instant a wild animal is brought under the control of a person so that actual possession is practically inevitable, a vested property interest in it accrues which cannot be divested by another’s intervening and killing it.”
Liesner DQ17: Radium• “The instant a wild animal is brought under the
control of a person so that actual possession is practically inevitable, a vested property interest in it accrues which cannot be divested by another’s intervening and killing it.”
Meaning of Vested?
Liesner DQ17: Radium• “The instant a wild animal is brought under the
control of a person so that actual possession is practically inevitable, a vested property interest in it accrues which cannot be divested by another’s intervening and killing it.”
Meaning of Vested? Of Divested?
Liesner DQ17: Radium
Example of Property Right We’ve Discussed That is Contingent (As
Opposed to Vested)?
Liesner DQ17: RadiumExample of Property Right We’ve
Discussed That is Contingent (As Opposed to Vested)?
RATIONE SOLI
Liesner DQ17: Radium“Prevailing rule” (Three Formulations):
•Property in a wild animal created if people have “substantially permanently deprived [animal] of his liberty—had him so in their power that escape was highly improbable, if not impossible….”
•“The instant a wild animal is brought under the control of a person so that actual possession is practically inevitable, a vested property interest in it accrues which cannot be divested by another’s intervening and killing it.”
Liesner DQ17: Radium“Prevailing rule” (Three
Formulations): •substantially permanently deprive [animal] of liberty (SPDL)•[animal] so in their power that escape improbable, if not impossible•[animal] under control so that actual possession practically inevitable
Liesner DQ17: RadiumWhat policies support the rule?
What policies suggest that it has problems?
As compared to what?
Liesner DQ17: RadiumCOMPARE POSSIBLE RULES
1.Actual Possession Likely2.Actual Possession Practically Inevitable3.Actual Possession Inevitable
Policies Supporting Choice of #2?
Liesner DQ17: RadiumCOMPARE POSSIBLE RULES
1.Actual Possession Likely2.Actual Possession Practically Inevitable3.Actual Possession Inevitable
Policies Opposing Choice of #2?
Liesner DQ17: Radium“Prevailing rule” (Three Formulations):
•substantially permanently deprive [animal] of liberty (SPDL)•[animal] so in their power that escape improbable, if not impossible•[animal] under control so that actual possession practically inevitable
MEANING OF LANGUAGE?
Liesner DQ17: RadiumMEANING OF LANGUAGE?
•Court refers to “the prevailing rule;” so might believe all three mean the same thing.•BUT usual assumption in law that all language is there for a reason, so different phrases must mean different things.
Liesner DQ17: RadiumProperty Rights in Animal IF:
•substantially permanently deprived [animal] of his liberty
MEANING OF LANGUAGE?Significance of Two Separate Adverbs?
Liesner DQ17: RadiumProperty Rights in Animal IF:
•so in their power that escape was highly improbable, if not impossible •under the control of a person so that actual possession is practically inevitable
MEANING OF LANGUAGE?Difference betw. underlined phrases?
Liesner DQ17: RadiumProperty Rights in Animal IF:
•so in their power that escape was highly improbable, if not impossible •under the control of a person so that actual possession is practically inevitable
MEANING OF LANGUAGE?Difference betw. underlined phrases?
Liesner DQ17: RadiumProperty Rights in Animal IF:
1.so in their power that escape was highly improbable, if not impossible 2.under the control of a person so that actual possession is practically inevitable
Nice idea (from Hito B2): Maybe…#1 is test designed to use for animal in net or trap;#2 is test designed to use for animal being chased/mortally wounded
Liesner DQ18: Radium
Apply to Pierson Facts: Property Rights if …
•substantially permanently deprived [animal] of [its] liberty
Liesner DQ18: Radium
Apply to Pierson Facts: Property Rights if …
•under the control of a person so that actual possession is practically inevitable
Liesner DQ18: Radium
Apply to Pierson Facts: Property Rights if …
•so in their power that escape was highly improbable, if not impossible
We’ll leave for you
Liesner DQ18: Radium
Applying Legal Rule /Test1.Look for best arguments for each party– Be Cognizant of Structure of Test– Use Care w Language– Utilize Definitions
Liesner DQ18: Radium
Applying Legal Rule /Test1.Look for best arguments for each party2.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)
Liesner Trial Transcript: DQ19
Oxygen (B2)Attorneys for Liesners
• Nanes, Tammy• Deleon, Blair• Lasoff, Sean
Attorneys for Wanie• Baros, Cara• Holmes, Jordan• Vaal, Joshua
Liesner Trial Transcript: DQ19
OxygenNote Anderson testimony (p.17):
“REPLEVIED”Suggests replevin was cause of action
Liesner Trial Transcript: DQ19
OxygenLiesners must have argued:• L-Boys did mortally wound wolf• L-Boys did continue pursuit
BEST EVIDENCE SUPPORTING?
Liesner Trial Transcript: DQ19
OxygenKEY ARGUMENTS BY WANIE’S ATTORNEYS?
• Uncertain that L-Boys mortally wounded wolf• L-Boys did not continue pursuit
BEST EVIDENCE SUPPORTING?