Applying Legal Rule /Test 1.Look for best arguments for each party –Be Cognizant of Structure of Test –Use Care w Language –Utilize Definitions 2.If significant.

Applying Legal Rule /Test

1. Look for best arguments for each party– Be Cognizant of Structure of Test– Use Care w Language– Utilize Definitions

2. 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)

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. … [W]hen, 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?


RELEVANT FACTS & QUESTIONS?

• Time Before Recapture = 5 days

• Found in Brown’s Kitchen

• Area Similar to Natural Habitat?–Able to Find Food in Area?

–Able to Survive Weather in Area?


PURPOSE(S) OF RULE

• Protect Ordinary Finder Who Can’t Tell if Prior Owner

• Punish Owner Who Didn’t Sufficiently Enclose and/or Pursue

DQ42 (IRON): At Issue in Manning?

1. Magistrate/Justice of Peace Rules in Favor of Plaintiff Mitcherson.

2. 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?




• “no traverse thereof” Means? Not questioning factual findings.

• So what are facts for purposes of the case?




• Facts for purposes of the case? Plaintiff’s version

So What is Defendant’s Legal Claim?


Defendant’s Legal Claim:

• Not “It’s My Bird” (No Traverse)

• Not “It Was Never Her Bird” (In Cage for Years)

• Must Be: “She Lost Property Rights When It Escaped”


Why Did This Case

Get to Georgia

Supreme Court???!!!

ISSUE/HOLDING: MULLETT

• Did the trial court err in dismissing plaintiff’s 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?


• No, the trial court did not err in dismissing plaintiff’s 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.

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


• 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.

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]


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]

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] [that had been tamed][that had distinctive crest] [that had been missing for only five days][that owner located day after it was found]



[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 ]





POSSIBLE RELEVANCE OF:[that had distinctive crest]



[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]


POSSIBLE RELEVANCE OF:









[that had been missing for only five days] [that owner located day after it was found] [that was found a short time after escape]


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.


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


Why play with broad and narrow holdings?

Friday:

DQ49 Squirrel Hypothetical

ZINC & COPPER

DQ44 (LEAD): Mining Manning’s 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.

Applying Legal Rule /Test 1.Look for best arguments for each party –Be Cognizant of Structure of Test –Use Care w Language –Utilize Definitions 2.If significant.

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