Law and Legal Reasoning

Chapter 1: Law and Legal Reasoning

Business Activities and the Legal Environment

  • Laws and government regulations affect almost all business activities.

  • Importance of understanding applicable laws and regulations for informed business decision-making:

    • Knowing governing laws aids in assessing potential applications in specific scenarios (referred to as legal reasoning).

    • Business decisions can be influenced by multiple laws and regulations regarding a single decision or transaction.

  • Consideration in business decision-making includes:

    • Legal considerations

    • Ethical considerations

Sources of American Law
Primary Sources of Law

  • Definition: Sources that establish the law; often referred to as "the law itself."

  • Key Primary Sources:

    • U.S. Constitution and State Constitutions: Foundational legal documents defining governmental structure and individual rights.

    • Statutory Law: Includes statutes passed by Congress and state legislatures, as well as ordinances from local governing bodies.

    • Uniform Laws: Model statutes developed by legal experts, seeking adoption by states; become statutory law only upon state adoption.

    • Regulations: Created by federal and state administrative agencies, providing specific directives connected to the law.

    • Case Law/Common Law Doctrine: The law established through court decisions, interpreting and applying constitutions, statutes, and regulations in the absence of statutory laws.

Secondary Sources of Law

  • Definition: Books and articles summarizing and clarifying primary sources; referred to as “stuff that talks about the law.”

  • Examples of Secondary Sources:

    • Legal encyclopedias

    • Treatises (in-depth works on specific areas of law)

    • Articles in law review journals

    • Compilations of law (e.g., Restatements of the Law)

Case Law/Common Law Doctrine

  • Case Law: Comprised of legal rules announced in court decisions, known as “judge-made” law, interpreting constitutions, statutes, and regulations.

  • Governs areas lacking statutory law.

  • Common Law Tradition:

    • Historical roots in early English court systems where cases were decided based on regional customs and traditions (common law).

    • Split into two categories based on remedy sought:

    • Courts of Law: Award money damages only (remedies at law).

    • Courts of Equity: Provide remedies beyond monetary compensation (equitable remedies), such as:

      • Specific Performance: Ordering a party to fulfill their contractual promise.

      • Injunction: Directing a party to cease an ongoing activity or refrain from beginning an activity.

      • Rescission: Allowing a party to cancel a contractual obligation.

  • Modern courts often permit requests for both legal and equitable remedies within the same legal action.

Stare Decisis

  • Stare Decisis: A foundational principle of legal precedents, meaning “to stand on decided cases.”

    • Judges must adhere to previous decisions involving identical legal issues and facts (precedent).

  • Types of Authority:

    • Binding Authority: Sources that must be followed, including constitutions, statutes, regulations, and higher court precedents (controlling precedent).

    • Persuasive Authority: Sources that may be considered but not obligatory, such as unpublished opinions or cases from other jurisdictions.

  • A court may overturn precedent, requiring a compelling reason such as:

    • Old law based on incorrect reasoning.

    • Law outdated due to social or technological advancements.

  • Factors considered in overturning precedent:

    • Previous decision's errors or incorrect legal interpretations.

    • Quality of legal reasoning in the previous decision.

    • Workability and practicality of the previous rule.

    • Reliance interests that parties have on the old law, and potential impacts of changes on those interests.

  • Issues of First Impression: Cases without precedent prompt reliance on persuasive authority and consideration of fairness and social values.

  • Stare decisis contributes to legal stability and predictability.

  • Courts can avoid applying precedent by distinguishing facts.

The American Court System

  • State Courts:

    • Tennessee Trial Courts

    • Tennessee Court of Criminal Appeals

    • Tennessee Court of Appeals

    • Tennessee Supreme Court

  • Federal Courts:

    • United States District Courts

    • United States Circuit Courts

    • United States Supreme Court

Classifications of Law
Substantive vs. Procedural Law

  • Substantive Laws: Laws that define and create legal rights and obligations (what are my rights?).

  • Procedural Laws: Laws outlining the methods for enforcing these rights (what is the process?).

Civil vs. Criminal Law

  • Civil Laws: Concern rights and duties between individuals and the government (e.g., Plaintiff vs. Defendant).

  • Criminal Laws: Address wrongs committed against the public (e.g., State vs. Defendant).

How to Find Primary Sources of Law

  • Statutory Law Codes:

    • U.S.C. (United States Code): Statutes passed by Congress, organized into titles based on subject matter, and sections within titles (e.g., 15 U.S.C. Section 1).

    • State Codes: Compile laws from state legislatures (e.g., Tennessee Code Annotated [T.C.A.]).

  • Federal Administrative Regulations:

    • Compiled and published within Code of Federal Regulations (C.F.R.), with states having similar publications.

  • Case Law: Published in reporters, categorized by state and federal courts based on geographic regions.

    • Legal citation identifies where cases are reported, such as:

    • West’s Regional Reporters for state cases (e.g., Tennessee's cases reported in S.W., S.W.2d, or S.W.3d).

    • Federal Reporter series (F., F.2d, F.3d), and United States Reports (U.S.).

    • Unpublished cases available on legal databases like Westlaw or Lexis Nexis, with citations based on their database reference (e.g., 2022 WL 3476589).

Sample Citations

  • Cases and Their Citations:

    • Rosa and Raymond Parks Institute for Self Development v. Target Corporation, 812 F.3d 824 (11th Cir. 2016).

    • Freebush v. Hart, 187 S.W.2d 152 (Tenn. 1963).

    • Wilson v. Smith, 218 Neb. 324, 675 N.W.2d 82 (2011).

  • Abbreviations for Tennessee Courts:

    • Tenn. = Tennessee Supreme Court

    • Tenn. Ct. App. = Tennessee Court of Appeals

    • Tenn. Crim. Ct. App. = Tennessee Criminal Court of Appeals

How to Read Cases
Key Components of Case Reading

  • Parties Involved and Their Roles:

    • Plaintiff/Petitioner: Person initiating the case.

    • Defendant/Respondent: Person against whom the case is brought.

    • Appellant: Individual appealing to a higher court.

    • Appellee: Individual responding to the appeal.

  • Procedural Status of Case:

    • Determine the decision of the initial court if the case is under appeal.

  • Types of Opinion:

    • Unanimous Opinion: Court decision agreed upon by all judges.

    • Majority Opinion: Agreement among most judges, outlining the most accepted reasoning.

    • Concurring Opinion: Agreement with the outcome but differing reasoning explained by the concurring judge.

    • Dissenting Opinion: Judges who disagree with the majority offer their reasoning.

    • Plurality Opinion: Supported by the highest number of judges but lacking majority consensus—non-binding.

    • Per Curiam Opinion: Court decision without attributed authorship.

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Legal Reasoning and Briefing Cases

  • Legal Reasoning: Process of applying legal rules to facts in specific cases; explains court decisions.

Steps in Legal Reasoning

  1. Issue: What is the legal question posed?

  2. Rule: Which legal rules apply to the case?

  3. Application: How do the legal rules relate to established facts?

  4. Conclusion: What decision or understanding emerges from the analysis?

Problem 1-6 Textbook pg. 24

  • Description of Sandra White's case: Operating a travel agency and utilizing fake military IDs for booking travel.

    • Charged with identity theft, requiring “use” of another’s identification.

    • Precedent Cases:

    • Case #1: David Miller's conviction for identity theft overturned due to lack of "use."

    • Case #2: Kathy Medlock's actions deemed to constitute "use" through forgery.

  • Questions for Analysis:

    • Which precedent aligns more closely with Ms. White’s case?

    • Were there ethical differences in the actions of the involved parties?

Sample Questions
Sample Question 1

  • Identify binding authority for a Tennessee trial court applying Tennessee law. Options include:

    • United States Constitution

    • Tennessee Constitution

    • Kentucky statutory law

    • Decisions of Tennessee Supreme Court

    • Decisions of Oklahoma Supreme Court

    • Decisions of 11th Circuit Court of Appeals

    • Decisions of Tennessee Court of Appeals

Sample Question 2

  • Is A Law Student’s Guide to Tort Law a primary source of law? Answer: True or False.

Sample Question 3

  • Leah seeks a court order to prevent her neighbor's construction encroaching on her property. Type of remedy sought includes:

    • Money damages

    • Rescission

    • Specific Performance

    • Injunction