How to Solve Legal Problems (or)

    The Legal Way of Thinking

 

1.  The plaintiff has been wronged; he/she seeks a legal remedy

            -example: Your boss is harassing you sexually. Can you quit and recover damages?

            

2.  American law is based on rights.  If the defendant has violated a right belonging to the plaintiff, he/she is entitled to a remedy.

 

3.  The plaintiff must identify a legal right that he/she owns.

 

4.  Where do rights come from?  Rights come from legal rules.

            -E.g., Title 7 created rules regarding employment discrimination

 

5.  Legal rules come from the 3 branches of government:

            -legislature (including the Uniform Commercial Code), Civil Rights Act of 1964, etc.

            -judicial system - the rule of precedent (common law), including contracts, negligence…

            -executive (orders + agency rules)

                        Note that federal, state, and local government can provide legal rules.

 

6.  Once the necessary rule is found, the plaintiff must prove that he/she owns the right created by that rule.

             - The plaintiff must prove that all the elements of proof required by the rule exist in that case.

             - then the plaintiff must prove that the defendant violated the plaintiff's right.

             - then the plaintiff must prove his/her harm (usually financial loss)

                     - Alternative Dispute Resolution (ADR) or litigation may be used.         

 

7.  Examples:

  

  -  You entered into an oral contract to work as a consultant for ABC company for 10 months.  After 5 months this employment  is terminated, even though you are

      doing excellent work.  Can you sue ABC for damages?

 

-    Dorothy and John Huffschneider listed their house and lot for sale with C. B. Property. The asking price was $165,000, and the owners told C. B. that the size of the property was 6.8 acres. Dean Olson, a salesman for C. B., advertised the property in local newspapers as consisting of six acres. James and Jean Holcomb signed a contract to purchase the property through Olson after first inspecting the property with Olson and being assured by Olson that the property was at least 6.6 acres. The Holcombs never asked for or received a copy of the survey. In actuality, the lot was only 4.6 acres. The Holcombs now seek to rescind the contract. Decision? (from Ch. 11 q. 10).

 

-     Taylor assaulted his wife, who then took refuge in Ms. Harrington's house. The next day, Mr. Taylor entered the house and began another assault on his wife, who knocked him down and, while he was lying on the floor, attempted to cut his head open or decapitate him with an axe. Harrington intervened to stop the bloodshed, and the axe, as it was descending, fell upon her hand, mutilating it badly, but sparing Taylor his life. Afterwards, Taylor orally promised to compensate Harrington for her injury. Is Taylor’s promise enforceable? Explain.

       (from Ch. 12, q.12).