Status Updates From The Bramble Bush: The Class...

The first thing to do with an opinion, then, is read it.
The next thing is to get clear the actual decision, the judgment rendered. Who won, the plaintiff or defendant?

The opinion for purposes of case-book is “the case”. What is the opinion? It is the justification for the appellate court’s decision. The facts stated is to make the opinion look good.
A) The opinion shows us what this court will do again upon like facts to those assumed. B) consider what is unstated that make the judge strain the rule may help is in future cases

When studying the case on appeal, look for the particular lapse complained of.

In approaching any case upon review, we need to know what the kind of review is, “of fact” or “of law”? Even when it in theory is confined to rulings on the law, we need to loom for what seems to be the due thing on the facts.

Why do we recognize appeals?
There is a strong feeling that disputes at law should be decided right. — questions “of fact”, NY intermediate court
Reducing differences among courts. — questions “of law”, NY supreme court

“Mr. Justice Story will furnish the authority.” rules can be twisted for a good justice story

A man who has no property may break his contract with impunity.

Once the jury/court has rendered its verdict, the facts of this case are settled.

A weaker handicap is presumption. E.g. if the plaintiff proves making and possession of a note, then it is presumed he came by it honestly unless proven otherwise.

The burden of proof is on the plaintiff

First the plaintiff side presents evidence and call witnesses. The plaintiff’s lawyer has done some selection; some facts were not discovered; some rules may prevent him from presenting vital facts.

Consequences around the jury system: sharp two-party issue, rules of evidence, etc.

Who is to determine?
Sometimes judges: admiralty—cases involving ships; equity cases; when both parties do not want a jury; in the petty courts.
Mostly a jury.

What the row is about?
When lawyers slip, the court may make rulings upon these technicalities.
The defendant may raise an issue not on facts:
a) they entitle him not to what he asks for — motion for a directed verdict, or for a non-suit.
b) evidence as immaterial
What facts have importance to courts, and what not — and for what purpose.

Technicalities
Our trial court must have jurisdiction both of the case and of the parties.
The trial court may not be the proper court to try this kind of case.
The trial court must have power over the defendant.

Chapter2. this case system: what lies behind the case

What difference do courts and lawyers make?Courts affect people quite directly by their action taken in individual disputes, and indirectly because people concern themselves ahead of time with what courts may do to them, or for them. Lawyer is professionally concerned about the courts. He is the point of contact between the people and the law official.

… what law was about was the dealing with disputes. That it was made up largely of what officials do about disputes. That the rules of law were important in so far as they give us a guide to what the officials will do or to how we can get them to do something … the main divisions of the subject matter of law: into substantive law and procedure on the one hand and into public law and private law on the other.

Private law fields:
1. contracts
2. real property
3. associations
4. Left overs ( in the field of free play which fall outside of the field of agreement)

“The lawyer’s slip in etiquette is the client’s ruin.” “Procedural regulations are the door, and the only door, to make real what is laid down by substantive law.”