Case Citation: Delahanty v. Hinckley, 564 A.2d 758 (D.C. 1989).
Parties: Thomas and Jean Delahanty, Plaintiffs / Appellants
John Hinckley, Defendant / Appellee
Facts: Thomas Delahanty was seriously injured when John Hinckley attempted to assassinate
President Ronald Reagan. John Hinckley used a “Saturday Night Special” in the assassination
attempt that was manufactured by R. G. Industries, a subsidiary of Roehm.
Procedural History: Appellants filed suit in U.S. District Court for the District of Columbia
against John Hinkley, R.G. Industries, the gun manufacturer, Roehm, the manufacturer’s foreign
parent company, and individual officers of Roehm, for injuries Appellant Thomas Delahanty
suffered when Hinkley attempted to assassinate President Ronald Reagan. The District Court
dismissed appellants’ complaint against R.G. Industries, Roehm, and individual officers of
Roehm for failure to state a claim. On appeal, the U.S. Court of Appeals for the District of
Columbia Circuit certified the question of whether, in the District of Columbia, “manufacturers
and distributors of Saturday Night Specials may be strictly liable for injuries arising from these
guns’ criminal use” to the District of Columbia Court of Appeals.
Issues:
Issue 1: Whether, in the District of Columbia, manufacturers and distributors of Saturday Night
Specials may be held strictly liable for injuries arising from their criminal use?
Issue 2: Whether established theories of tort law in the District of Columbia provide a cause of
action against gun manufacturers and distributors for injuries arising from the guns’ criminal
uses?
Holdings:
Issue 1: No. Manufacturers and distributors of Saturday Night Specials are not strictly liable for
injuries arising from these guns’ criminal use.
Issue 2: No. Established theories of tort law in the District of Columbia do not provide a cause
of action against gun manufacturers and distributors for injuries arising from the guns’ criminal
uses.
Reasoning: Appellants advanced the following three theories in support of their position:
Issue 1:
a. Strict liability for sale of defective product
The court rejected this theory of liability because appellants put on no evidence that the weapon
Hinkley purchased and later used in the assassination attempt was in any way defective. Rather,
appellants argued that the manufacturers had a duty to warn of the dangers of criminal misuse of
the gun. The court found this argument unpersuasive, pointing out that a manufacturer has no
duty to warn because the dangerous nature of guns self-evident.
b. Strict liability for abnormally dangerous activity
Appellants argued that the manufacturer should be held liable because the Saturday Night
Special is “inherently and abnormally dangerous with no social value. The “abnormally
dangerous activity” doctrine had never been applied to gun manufacturers in the District of
Columbia. Th ...
1 How to B rief a Case Prepared for the L egTatianaMajor22
1
How to B rief a Case
Prepared for the L egal Studies Program
Amer ican Public University System
December 2013
Introduction: A case brief is a concise summary of the significance of a case. It is a bit
like but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare Decisis, is a doctrine which governs much of our legal process.
and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brie
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
ed on your
understanding of the case. Of cour words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. Case Name and C itation: As a header on the first page of your brief, you should state
citation to the case. (See Bluebook resources in the APUS library for more information about
Bluebook format.) It is essential that the reader of your case brief know who initiated the
litigation and who appealed. For example, in the sample case brief of the Delahanty case (see
accompanying materials), Thomas and Jean Delahanty are clearly identified as the plaintiffs
(parties who initiated the litigation) and as appellants (parties who sought appellate review of the
2
legal reporter in which the opinion is found, the volume and page on which the case appears, and
the year in which the case was decided.
2. Facts ...
1 H ow to B r ief a C ase P r epa r ed for t.docxjeremylockett77
1
H ow to B r ief a C ase
P r epa r ed for the L egal Studies P rogr am
A me r ican P ublic U nive rsity System
D ecembe r 2013
I ntrodu ction : A case brief is a concise summary of the significance of a case. It is a bit
like but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare D ecisis, is a doctrine which governs much of our legal process.
and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brie
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
ed on your
understanding of the case. Of cour words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. C ase N ame and C itation: As a header on the first page of your brief, you should state
citation to the case. (See Bluebook resources in the APUS library for more information about
Bluebook format.) It is essential that the reader of your case brief know who initiated the
litigation and who appealed. For example, in the sample case brief of the D elahanty case (see
accompanying materials), Thomas and Jean Delahanty are clearly identified as the plaintiffs
(parties who initiated the litigation) and as appellants (parties who sought appellate review of the
2
legal reporter in which the opinion is found, the volume and page on which the case appears, and
the year in which the case was d ...
1 H ow to B r ief a C ase P r epa r ed for t.docxcroftsshanon
1
H ow to B r ief a C ase
P r epa r ed for the L egal Studies P rogr am
A me r ican P ublic U nive rsity System
D ecembe r 2013
I ntrodu ction : A case brief is a concise summary of the significance of a case. It is a bit
like but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare D ecisis, is a doctrine which governs much of our legal process.
and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brie
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
ed on your
understanding of the case. Of cour words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. C ase N ame and C itation: As a header on the first page of your brief, you should state
citation to the case. (See Bluebook resources in the APUS library for more information about
Bluebook format.) It is essential that the reader of your case brief know who initiated the
litigation and who appealed. For example, in the sample case brief of the D elahanty case (see
accompanying materials), Thomas and Jean Delahanty are clearly identified as the plaintiffs
(parties who initiated the litigation) and as appellants (parties who sought appellate review of the
2
legal reporter in which the opinion is found, the volume and page on which the case appears, and
the year in which the case was d.
IST 309 Team-ProjectA. Write about laws of Drones. (Like Privacy.docxpriestmanmable
IST 309 Team-Project
A. Write about laws of Drones. (Like Privacy rights or public concerns)NO TITLE PAGE!
B. The main content of my paper is talking about Laws of public concerns, so don’t talking about military or famers or other things!
C. You must read these three articles and quote these articles, moreover use these articles as your references.
http://www.nationaljournal.com/tech/few-privacy-limitations-exist-on-how-police-use-drones-20150205
http://www.utsandiego.com/news/2015/mar/05/drones-california-police-sacramento-privacy/
http://www.brookings.edu/research/reports2/2014/11/drones-and-aerial-surveillance
D. APA format, double space, NO INTRODUTION, NO HISTORY, because it is a team project and I need write a Laws Part on it. Other team member will do introduction and history part. SO, PLEASE just write LAWS of Drones!
E. This is the order of my paper.
1. A starting of Laws of Drones. The following is a example, you need to write like that, but you cannot copy it:
(As drones become cheaper and more capable, more police departments across the country are asking for and getting federal approval to use them for law enforcement.
But the Federal Aviation Administration only takes safety into consideration when it grants a law enforcement agency approval to use drones, leaving privacy protections to legislation—which, depending on the state in question, may or may not exist.)
2. Give a Real Example of Drones.
a) How Drones invasion of Privacy? Give a real example of it. Like Drone fly to someone’s backyard without search warrant.
b) Talk about a certain law about Drones of privacy protection.
c) How public feels about it? How public concerns about it?
3. Talk about two Police Departments have different views: Mesa County and other law enforcement agencies. You need to write down the following content on my paper.(You can get a lot information from first article).
a) Mesa County proactive role in drones and publics concerns
i. Largent Drone Program in the US
ii. 17 pages Policy Manual on Drones
b) Other Law Enforcement agencies played a more secretive role in deploying Drones.
4. Bills and Government Regulation. (You can get more information from second article).
a) Write Laws SB-142 and AB-56, and list the main points of Drones from these two laws.
b) Talk about Government Regulations.
5. The views of Gregory McNeal(You can get more information from third article)
a) Give an introduction of Gregory McNeal, like Gregory McNeal who is Professor of Pepperdine University and also is an Expert in Law and Public Policy.
b) Talk about Gregory McNeal’s Main Focus: security, technology and crime.
c) Write about Five Core Recommendations of Gregory McNeal.
d) Give more details or explain Fifth Point of McNeal. It’s following one.
(5. Legislators should recognize that technology such as geofencing and auto-redaction, may make aerial surveillance by drones more protective of privacy than human surveillance.)
State Court System
Chapte ...
Assignment 2:—Criminal Justice Arguments
Several players interact with each other in the courtroom. Of those players, we see two profiles often in popular media: criminal defense lawyers and the prosecution. Both are responsible for taking a case from its preliminary phases to trial and beyond. Both gather evidence, interview witnesses, and develop possible arguments for their cases. Both are responsible for presenting the best outcome, whether they believe in the reasoning or not. In this assignment, you will have the experience of developing an argument for a criminal case.
Activity Details
Step 1:
Identify a criminal case that you feel passionately about. Find an article related to a criminal case in the Argosy University online library to use in the summary.
Complete the following tasks.
Write a one-page summary of the case. The summary should include:
The alleged crime that occurred
The elements of the crime
The evidence presented in the case
The possible defenses
Step 2:
Write a one-page argument for the defendant as if you were the defense attorney on the case. In your argument:
Address the jury by introducing yourself and the client named in the case.
Highlight the strengths of the case by telling the jury your client’s side.
Personalize the case by telling the jury about your client.
Acknowledge the weaknesses that the other side will point out.
Discuss any defenses you may use during the case.
Request an outcome from the jury, which is normally a not-guilty verdict for the defendant.
Step 3:
Write a one-page argument as if you were the prosecutor on the case. In your argument:
Address the jury by introducing yourself and the state you represent.
Highlight the strengths of the case by telling the jury why the defendant is guilty.
Personalize the case by describing the aftermath of the crime, the victims, and the harm caused to society because of the crime.
Acknowledge the weaknesses that the other side will point out.
Request an outcome from the jury, which is normally a guilty verdict for the defendant.
Step 4:
Conduct an internet search of government and career sites (e.g. bls.gov, jobs.com, monster.com, etc) to locate recent information on the career prospects for Defense Attorneys/Prosecutors in your geographic location. Present your findings, including related job titles, potential employers, a summary of this job function, the education and experience required to qualify for this position, and the average salary one could expect to earn.
Step 5:
Save and submit the assignment.
Submission Details:
Save your document as M2_A2_Lastname_Firstname.doc.
By
Wednesday, September 17, 2014
, submit your final document to the
M2: Assignment 2 Dropbox
.
All written assignments and responses should follow APA rules for attributing sources.
Assignment 2 Grading Criteria
Maximum Points
Submitted a one-page summary of the case, which included:
The alleged crime that occurred
The elements of the crime
The evidence presented in the case
Th.
Case Analysis · Post a brief case analysis of a listed problem f.docxwendolynhalbert
Case Analysis
· Post a brief case analysis of a listed problem for the week in the corresponding weeks assignment dropbox. The case assignments will be posted by professor in the Announcements each week. In a large class some students may have duplicate cases assigned to other students.
· The assignment should consist of a presentable and entertaining presentation (Power Point or other medium) and will be delivered in some form of participative medium (webex/on-site/or alternative as determined by professor) . It should include a summary of the relevant facts, the law, judicial opinion and answer the case questions. All that is necessary for an understanding of the case is important and required.
· The report must go beyond the discussion of the problem posed in the textbook, to achieve a superior grade. Do research outside the textbook- this must include research outside the case citation such as the Lexus-Nexis in the DeVry Library or FindLaw.com, do research on the parties and circumstances of the case itself and incorporate some audio-visual modality as a part of the case analysis.something about one of the parties, as well as some background contained in the legal opinion. Doing significant research outside the textbook is essential.
· Utilize the case format below.
· Your grade comes from the content contained on the actual submission.
Case Analysis Format
1. Read and understand the case or question assigned. Show your Analysis and Reasoning and make it clear you understand the material. Be sure to incorporate the concepts of the chapter we are studying to show your reasoning. Dedicate at least one heading to each following outline topic:
Parties [Identify the plaintiff and the defendant]
Facts [Summarize only those facts critical to the outcome of the case]
Procedure [Who brought the appeal? What was the outcome in the lower court(s)?]
Issue [Note the central question or questions on which the case turns]
Explain the applicable law(s). Use the textbook here. The law should come from the same chapter as the case. Be sure to use citations from the textbook including page numbers.
Holding [How did the court resolve the issue(s)? Who won?]
Reasoning [Explain the logic that supported the court's decision]
2. Do significant research outside of the book and demonstrate that you have in a very obvious way. This refers to research beyond the legal research. This involves something about the parties or other interesting related area. Show something you have discovered about the case, parties or other important element from your own research. Be sure this is obvious and adds value beyond the legal reasoning of the case.
3. Dedicate 1 slide to each of the case question(s) immediately following the case, if there are any. Be sure to state and fully answer the questions in the presentation.
4. Quality in terms of substance, form, grammar and context. Be entertaining! Use excellent audio-visual material and backgrounds!
5. Wrap up with a Conclusi ...
1 How to B rief a Case Prepared for the L egTatianaMajor22
1
How to B rief a Case
Prepared for the L egal Studies Program
Amer ican Public University System
December 2013
Introduction: A case brief is a concise summary of the significance of a case. It is a bit
like but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare Decisis, is a doctrine which governs much of our legal process.
and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brie
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
ed on your
understanding of the case. Of cour words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. Case Name and C itation: As a header on the first page of your brief, you should state
citation to the case. (See Bluebook resources in the APUS library for more information about
Bluebook format.) It is essential that the reader of your case brief know who initiated the
litigation and who appealed. For example, in the sample case brief of the Delahanty case (see
accompanying materials), Thomas and Jean Delahanty are clearly identified as the plaintiffs
(parties who initiated the litigation) and as appellants (parties who sought appellate review of the
2
legal reporter in which the opinion is found, the volume and page on which the case appears, and
the year in which the case was decided.
2. Facts ...
1 H ow to B r ief a C ase P r epa r ed for t.docxjeremylockett77
1
H ow to B r ief a C ase
P r epa r ed for the L egal Studies P rogr am
A me r ican P ublic U nive rsity System
D ecembe r 2013
I ntrodu ction : A case brief is a concise summary of the significance of a case. It is a bit
like but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare D ecisis, is a doctrine which governs much of our legal process.
and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brie
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
ed on your
understanding of the case. Of cour words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. C ase N ame and C itation: As a header on the first page of your brief, you should state
citation to the case. (See Bluebook resources in the APUS library for more information about
Bluebook format.) It is essential that the reader of your case brief know who initiated the
litigation and who appealed. For example, in the sample case brief of the D elahanty case (see
accompanying materials), Thomas and Jean Delahanty are clearly identified as the plaintiffs
(parties who initiated the litigation) and as appellants (parties who sought appellate review of the
2
legal reporter in which the opinion is found, the volume and page on which the case appears, and
the year in which the case was d ...
1 H ow to B r ief a C ase P r epa r ed for t.docxcroftsshanon
1
H ow to B r ief a C ase
P r epa r ed for the L egal Studies P rogr am
A me r ican P ublic U nive rsity System
D ecembe r 2013
I ntrodu ction : A case brief is a concise summary of the significance of a case. It is a bit
like but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare D ecisis, is a doctrine which governs much of our legal process.
and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brie
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
ed on your
understanding of the case. Of cour words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. C ase N ame and C itation: As a header on the first page of your brief, you should state
citation to the case. (See Bluebook resources in the APUS library for more information about
Bluebook format.) It is essential that the reader of your case brief know who initiated the
litigation and who appealed. For example, in the sample case brief of the D elahanty case (see
accompanying materials), Thomas and Jean Delahanty are clearly identified as the plaintiffs
(parties who initiated the litigation) and as appellants (parties who sought appellate review of the
2
legal reporter in which the opinion is found, the volume and page on which the case appears, and
the year in which the case was d.
IST 309 Team-ProjectA. Write about laws of Drones. (Like Privacy.docxpriestmanmable
IST 309 Team-Project
A. Write about laws of Drones. (Like Privacy rights or public concerns)NO TITLE PAGE!
B. The main content of my paper is talking about Laws of public concerns, so don’t talking about military or famers or other things!
C. You must read these three articles and quote these articles, moreover use these articles as your references.
http://www.nationaljournal.com/tech/few-privacy-limitations-exist-on-how-police-use-drones-20150205
http://www.utsandiego.com/news/2015/mar/05/drones-california-police-sacramento-privacy/
http://www.brookings.edu/research/reports2/2014/11/drones-and-aerial-surveillance
D. APA format, double space, NO INTRODUTION, NO HISTORY, because it is a team project and I need write a Laws Part on it. Other team member will do introduction and history part. SO, PLEASE just write LAWS of Drones!
E. This is the order of my paper.
1. A starting of Laws of Drones. The following is a example, you need to write like that, but you cannot copy it:
(As drones become cheaper and more capable, more police departments across the country are asking for and getting federal approval to use them for law enforcement.
But the Federal Aviation Administration only takes safety into consideration when it grants a law enforcement agency approval to use drones, leaving privacy protections to legislation—which, depending on the state in question, may or may not exist.)
2. Give a Real Example of Drones.
a) How Drones invasion of Privacy? Give a real example of it. Like Drone fly to someone’s backyard without search warrant.
b) Talk about a certain law about Drones of privacy protection.
c) How public feels about it? How public concerns about it?
3. Talk about two Police Departments have different views: Mesa County and other law enforcement agencies. You need to write down the following content on my paper.(You can get a lot information from first article).
a) Mesa County proactive role in drones and publics concerns
i. Largent Drone Program in the US
ii. 17 pages Policy Manual on Drones
b) Other Law Enforcement agencies played a more secretive role in deploying Drones.
4. Bills and Government Regulation. (You can get more information from second article).
a) Write Laws SB-142 and AB-56, and list the main points of Drones from these two laws.
b) Talk about Government Regulations.
5. The views of Gregory McNeal(You can get more information from third article)
a) Give an introduction of Gregory McNeal, like Gregory McNeal who is Professor of Pepperdine University and also is an Expert in Law and Public Policy.
b) Talk about Gregory McNeal’s Main Focus: security, technology and crime.
c) Write about Five Core Recommendations of Gregory McNeal.
d) Give more details or explain Fifth Point of McNeal. It’s following one.
(5. Legislators should recognize that technology such as geofencing and auto-redaction, may make aerial surveillance by drones more protective of privacy than human surveillance.)
State Court System
Chapte ...
Assignment 2:—Criminal Justice Arguments
Several players interact with each other in the courtroom. Of those players, we see two profiles often in popular media: criminal defense lawyers and the prosecution. Both are responsible for taking a case from its preliminary phases to trial and beyond. Both gather evidence, interview witnesses, and develop possible arguments for their cases. Both are responsible for presenting the best outcome, whether they believe in the reasoning or not. In this assignment, you will have the experience of developing an argument for a criminal case.
Activity Details
Step 1:
Identify a criminal case that you feel passionately about. Find an article related to a criminal case in the Argosy University online library to use in the summary.
Complete the following tasks.
Write a one-page summary of the case. The summary should include:
The alleged crime that occurred
The elements of the crime
The evidence presented in the case
The possible defenses
Step 2:
Write a one-page argument for the defendant as if you were the defense attorney on the case. In your argument:
Address the jury by introducing yourself and the client named in the case.
Highlight the strengths of the case by telling the jury your client’s side.
Personalize the case by telling the jury about your client.
Acknowledge the weaknesses that the other side will point out.
Discuss any defenses you may use during the case.
Request an outcome from the jury, which is normally a not-guilty verdict for the defendant.
Step 3:
Write a one-page argument as if you were the prosecutor on the case. In your argument:
Address the jury by introducing yourself and the state you represent.
Highlight the strengths of the case by telling the jury why the defendant is guilty.
Personalize the case by describing the aftermath of the crime, the victims, and the harm caused to society because of the crime.
Acknowledge the weaknesses that the other side will point out.
Request an outcome from the jury, which is normally a guilty verdict for the defendant.
Step 4:
Conduct an internet search of government and career sites (e.g. bls.gov, jobs.com, monster.com, etc) to locate recent information on the career prospects for Defense Attorneys/Prosecutors in your geographic location. Present your findings, including related job titles, potential employers, a summary of this job function, the education and experience required to qualify for this position, and the average salary one could expect to earn.
Step 5:
Save and submit the assignment.
Submission Details:
Save your document as M2_A2_Lastname_Firstname.doc.
By
Wednesday, September 17, 2014
, submit your final document to the
M2: Assignment 2 Dropbox
.
All written assignments and responses should follow APA rules for attributing sources.
Assignment 2 Grading Criteria
Maximum Points
Submitted a one-page summary of the case, which included:
The alleged crime that occurred
The elements of the crime
The evidence presented in the case
Th.
Case Analysis · Post a brief case analysis of a listed problem f.docxwendolynhalbert
Case Analysis
· Post a brief case analysis of a listed problem for the week in the corresponding weeks assignment dropbox. The case assignments will be posted by professor in the Announcements each week. In a large class some students may have duplicate cases assigned to other students.
· The assignment should consist of a presentable and entertaining presentation (Power Point or other medium) and will be delivered in some form of participative medium (webex/on-site/or alternative as determined by professor) . It should include a summary of the relevant facts, the law, judicial opinion and answer the case questions. All that is necessary for an understanding of the case is important and required.
· The report must go beyond the discussion of the problem posed in the textbook, to achieve a superior grade. Do research outside the textbook- this must include research outside the case citation such as the Lexus-Nexis in the DeVry Library or FindLaw.com, do research on the parties and circumstances of the case itself and incorporate some audio-visual modality as a part of the case analysis.something about one of the parties, as well as some background contained in the legal opinion. Doing significant research outside the textbook is essential.
· Utilize the case format below.
· Your grade comes from the content contained on the actual submission.
Case Analysis Format
1. Read and understand the case or question assigned. Show your Analysis and Reasoning and make it clear you understand the material. Be sure to incorporate the concepts of the chapter we are studying to show your reasoning. Dedicate at least one heading to each following outline topic:
Parties [Identify the plaintiff and the defendant]
Facts [Summarize only those facts critical to the outcome of the case]
Procedure [Who brought the appeal? What was the outcome in the lower court(s)?]
Issue [Note the central question or questions on which the case turns]
Explain the applicable law(s). Use the textbook here. The law should come from the same chapter as the case. Be sure to use citations from the textbook including page numbers.
Holding [How did the court resolve the issue(s)? Who won?]
Reasoning [Explain the logic that supported the court's decision]
2. Do significant research outside of the book and demonstrate that you have in a very obvious way. This refers to research beyond the legal research. This involves something about the parties or other interesting related area. Show something you have discovered about the case, parties or other important element from your own research. Be sure this is obvious and adds value beyond the legal reasoning of the case.
3. Dedicate 1 slide to each of the case question(s) immediately following the case, if there are any. Be sure to state and fully answer the questions in the presentation.
4. Quality in terms of substance, form, grammar and context. Be entertaining! Use excellent audio-visual material and backgrounds!
5. Wrap up with a Conclusi ...
HowtoBriefaCase A case brief is a written summary.docxpooleavelina
How to Brief a Case
A case brief is a written summary of a decided case. Each professor and lawyer has
their own format for briefing a case. A case brief will focus on the main issue(s) of the
case and is a valuable tool when conducting legal research. Not only does the act of
briefing a case help you to isolate the issue, it can clarify the facts that were instrumental
in coming to the conclusion that the Judges or Justices did. When asked to prepare a
brief for someone, it is a good idea to ask for a sample first to make sure you comply with
their format requirements. It is also vital for you to obtain a copy of the actual case. What
is in your textbook is usually a very abbreviated version of the case, which may or may
not even contain all of the issues decided in that case.
For the purposes of this class, you will use the following format:
Citation: The citation is the name, reporter and date the case was decided. It is also a
good idea to list the actual court if it is not apparent from the citation. For example:
Marbury v. Madison 5 US 137 (1803).
Facts: The facts section will only include the facts important to the actual holding in the
case. While you need to provide enough information so that the reader will know who is
doing what, you should exclude any matters which did not have an effect on the outcome
of the case. You do not want to copy of the facts straight from the case, it will be very
obvious and prevent your case brief from being “brief.”
You should make sure you know what the issue and reasoning is before you set down the
facts. You should indicate which party was the plaintiff and which was the defendant at
trial and refer to them by name throughout the brief. This is because at the appellate
level the winner will be called the appellee and the loser, the appellant. It gets confusing
if you continue to call them plaintiff and defendant or appellant and appellee.
Procedural History: The procedural history will indicate what happened in the trial level
(and appellate level if it made it to the Supreme Court). You should also indicate which
trial court the case came from. You would need to indicate what the causes of actions
were and how the court ruled on them. You will then indicate who brought the appeal
and why.
Issue: Unless the decision is very clear, this may be the most difficult part of the brief.
You need to indicate in question form, what the appellate court is being asked to decide.
If there is more than one question to be answered, you need to list them all.
Holding: This is the answer to the question(s). You will tell the conclusion of the appellate
court and what they have ordered: affirmed, reversed, or remanded.
Reasoning: This is the most important part of your brief. It is in this section that you
explain why the appellate court decided the way it did and include citations to any cases
they relied on in their decis ...
How To Brief a Case Confusion often arises over the term le.docxwellesleyterresa
How To Brief a Case
Confusion often arises over the term “legal brief.” There are at least two different senses in which the term is
used.
Appellate brief
An appellate brief is a written legal argument presented to an appellate court. Its purpose is to persuade the
higher court to uphold or reverse the trial court’s decision. Briefs of this kind are therefore geared to presenting
the issues involved in the case from the perspective of one side only.
Appellate briefs from both sides can be very valuable to anyone assessing the legal issues raised in a case.
Unfortunately, they are rarely published. The U.S. Supreme Court is the only court for which briefs are
regularly available in published form. The Landmark Briefs series (REF. LAW KF 101.9 .K8) includes the
full texts of briefs relating to a very few of the many cases heard by this court. In addition, summaries of the
briefs filed on behalf of the plaintiff or defendant for all cases reported are included in the U.S. Supreme Court
Reports. Lawyer’s Ed., 2nd. series (REF. LAW KF 101 .A42).
Student brief
A student brief is a short summary and analysis of the case prepared for use in classroom discussion. It is a set
of notes, presented in a systematic way, in order to sort out the parties, identify the issues, ascertain what was
decided, and analyze the reasoning behind decisions made by the courts.
Although student briefs always include the same items of information, the form in which these items are set out
can vary. Before committing yourself to a particular form for briefing cases, check with your instructor to
ensure that the form you have chosen is acceptable.
THE PARTIES AND HOW TO KEEP TRACK OF THEM
Beginning students often have difficulty identifying relationships between the parties involved in court cases.
The following definitions may help:
Plaintiffs sue defendants in civil suits in trial courts.
The government (state or federal) prosecutes defendants in criminal cases in trial courts.
The losing party in a criminal prosecution or a civil action may ask a higher (appellate) court to review the case
on the ground that the trial court judge made a mistake. If the law gives the loser the right to a higher court
review, his or her lawyers will appeal. If the loser does not have this right, his or her lawyers may ask the court
for a writ of certiorari. Under this procedure, the appellate court is being asked to exercise its lawful discretion
in granting the cases a hearing for review.
For example, a defendant convicted in a federal district court has the right to appeal this decision in the Court of
Appeals of the circuit and this court cannot refuse to hear it. The party losing in this appellate court can request
that the case be reviewed by the Supreme Court, but, unless certain special circumstances apply, has no right to
a hearing.
These two procedures, appeals and petitions for certiorari, are sometimes loosely grouped togeth ...
1 How to Brief a Case Prepared for the Legal S.docxhoney725342
1
How to Brief a Case
Prepared for the Legal Studies Program
American Public University System
December 2013
Introduction: A case brief is a concise summary of the significance of a case. It is a bit
like a “book report,” but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare Decisis, is a doctrine which governs much of our legal process.
Under the doctrine, a prior court’s decision serves as “authority” for a subsequent court which
will address the same or similar issue. Therefore, understanding a court’s decision and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brief is a tool by means of which to “capture” or outline the most important
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
quotes from the court’s opinion. The brief should be written in your own words, based on your
understanding of the case. Of course, select quotes of the court’s words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
Often, your textbooks will contain synopses of or abbreviated versions of courts’
opinions. When you want to understand a court’s decision, it is essential that you read the entire
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. Case Name and Citation: As a header on the first page of your brief, you should state
the name of the case, identify each party’s role in the cas ...
CitationStephen L. Wasby, The Functions and Importance of.docxsleeperharwell
Citation:
Stephen L. Wasby, The Functions and Importance of
Appellate Oral Argument: Some Views of Lawyers and
Federal Judges, 65 Judicature 340 (1982)
Provided by:
University of Washington Law Library
Content downloaded/printed from HeinOnline
Thu Oct 4 22:09:34 2018
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acceptance of HeinOnline's Terms and Conditions
of the license agreement available at
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to your smartphone or tablet device
https://heinonline.org/HOL/Page?handle=hein.journals/judica65&collection=journals&id=342&startid=342&endid=355
https://www.copyright.com/ccc/basicSearch.do?operation=go&searchType=0&lastSearch=simple&all=on&titleOrStdNo=0022-5800
The functions and importance
of appellate oral argument:
some views of lawyers and
federal judges
0
CO.,
0'
z
340 judicature Volume 65. Number 7 February, 1982
%-. M
Although some critics have proposed curtailing or
eliminating oral argument in certain cases,
both judges and lawyers believe
it plays a vital role in the appellate
process, a recent survey shows.
> by Stephen L. Wasby
~ne of the most traditional and im-
portant elements of deciding cases
on appeal is oral argument, an ele-
ment of advocacy older than writ-
lJ ten briefs in this country. Briefs originally were
not required in appeals, and oral argument
J1 continued without time limits even when
briefs were submitted. Eventually briefs did
begin to displace argument: the Supreme Court
first waived oral argument when written argu-
ments were submitted, then mandated briefs
prior to argument, and finally both reserved
argument for the most important cases and
reduced the time granted each party.t
Curtailment of oral argument in other appel-
late courts, partly the result of caseload pres-
sure, has attracted continued attention. Var-
ious sources have warned that eliminating oral
argument in all cases would harm the appel-
late process. 2 Most recently, the Devitt Com-
mittee (the Committee to Consider Standards
for Admission to Practice in the Federal Courts
of the Judicial Conference of the United States)
brought further attention to legal advocacy at
both trial and appellate levels. The "substan-
tially divided" committee, however, made no
recommendations concerning appellate advo-
cacy because it found "the problems presented
... not sufficiently serious to call for the recom-
mending of remedies" 3-at least by compari-
son with trial advocacy, to which the commit-
tee devoted the bulk of its attention. Despite the
Devitt Committee's view, appellate advocacy
remains of considerable importance.
Recent literature shows tension between two.
MBA535 Case Brief Guidelines and Rubric How and Why to Brie.docxARIV4
MBA535: Case Brief Guidelines and Rubric
How and Why to Brief a Law Case
Purpose
The purpose of reading in the practice of law is different from the purpose of reading in many
other disciplines. In law, you read not just to familiarize yourself with someone else’s ideas but
to be able to use the information to answer a question. This requires understanding judicial
opinions in depth and being able to use the information in a number of cases to formulate an
answer to a new question. Therefore, passively reading cases is not sufficient; you must
deconstruct the opinion into its component parts and state those components in your own words
and in an easily accessible format. Then the information is at hand for you to apply to a new set
of facts.
Briefing a case requires you to put the material into your own words. To do this, you have to
understand it. Underlining text does not require you to understand it. Moreover, briefing a case
reduces the volume of material so you can find what you need. Underlining does not accomplish
this goal either.
Assignment
You will complete two Case Briefs as follows and submit each to the Dropbox no later than
Sunday 11:59 PM EST/EDT of the module in which it is due. (Each Dropbox basket is linked to
Turnitin.)
Details for each Case Brief are located within Modules 4 and 8.
Instructions
Every lawyer briefs cases differently. A case brief generally consists of a series of topic
headings with the specific information from the case under each heading. Most case briefs
contain similar information but the headings and their sequence may be different. Some
professors have a preferred briefing format. You are only required to follow the general format
as set forth below.
The following is adapted from A Practical Guide to Legal Writing and Legal Method (Dernbach,
et al., 2007).
1. Case name: Include the full citation, including the date of the opinion, for future
reference and citation. An example would be as follows: State v. Holloran, 140 NH 563
(1995). Refer to Bluebook to determine the correct name for the case.
2. Pincites: Include pinpoint cites (cites to a particular page in the case) throughout the
case brief so you can find material again quickly within a case.
3. Procedural History: What happened to the case before it arrived in this court? If it is an
appellate case, list the decisions made by the lower court(s) and note what decision is
being reviewed (e.g., jury verdict, summary judgment). You may need to look up
procedural phrases with which you are unfamiliar.
4. Facts: Include only the facts that were relevant to the court’s decision. You are unlikely
to know what these are until you have read the entire opinion. Many cases may include
procedural facts that are relevant to the decision in addition to the facts that happened
before litigation.
5. Issue: The particular question the court had to decide in this case. It usually includes
specific facts ...
Case Analysis (Weeks 2 )· Post a brief case analysis of a listed.docxwendolynhalbert
Case Analysis (Weeks 2 )
· Post a brief case analysis of a listed problem for the week in the corresponding weeks assignment dropbox. The case assignments will be posted by professor in the Announcements each week. In a large class some students may have duplicate cases assigned to other students.
· The assignment should consist of a presentable and entertaining presentation (Power Point or other medium) and will be delivered in some form of participative medium (webex/on-site/or alternative as determined by professor) . It should include a summary of the relevant facts, the law, judicial opinion and answer the case questions. All that is necessary for an understanding of the case is important and required.
· The report must go beyond the discussion of the problem posed in the textbook, to achieve a superior grade. Do research outside the textbook- this must include research outside the case citation such as the Lexus-Nexis in the DeVry Library or FindLaw.com, do research on the parties and circumstances of the case itself and incorporate some audio-visual modality as a part of the case analysis.something about one of the parties, as well as some background contained in the legal opinion. Doing significant research outside the textbook is essential.
· Utilize the case format below.
· Your grade comes from the content contained on the actual submission.
Case Analysis Format
1. Read and understand the case or question assigned. Show your Analysis and Reasoning and make it clear you understand the material. Be sure to incorporate the concepts of the chapter we are studying to show your reasoning. Dedicate at least one heading to each following outline topic:
Parties [Identify the plaintiff and the defendant]
Facts [Summarize only those facts critical to the outcome of the case]
Procedure [Who brought the appeal? What was the outcome in the lower court(s)?]
Issue [Note the central question or questions on which the case turns]
Explain the applicable law(s). Use the textbook here. The law should come from the same chapter as the case. Be sure to use citations from the textbook including page numbers.
Holding [How did the court resolve the issue(s)? Who won?]
Reasoning [Explain the logic that supported the court's decision]
2. Do significant research outside of the book and demonstrate that you have in a very obvious way. This refers to research beyond the legal research. This involves something about the parties or other interesting related area. Show something you have discovered about the case, parties or other important element from your own research. Be sure this is obvious and adds value beyond the legal reasoning of the case.
3. Dedicate 1 slide to each of the case question(s) immediately following the case, if there are any. Be sure to state and fully answer the questions in the presentation.
4. Quality in terms of substance, form, grammar and context. Be entertaining! Use excellent audio-visual material and backgrounds!
5. Wrap up with ...
1 Saint Leo University CRMPOL 123 Introduction.docxjeremylockett77
1
Saint Leo University
CRM/POL 123
Introduction to Law and the Legal System
Course Description:
This course is an introductory survey of the history, structures, and processes of the U.S. legal system.
It is designed to be taken as a first University-level course in law and should precede more specialized
courses such as criminal, business, or constitutional law. Covered are basic legal concepts such as due
process, the structure of the U.S. court system, and the major subdivisions of law such as civil procedure,
criminal procedure, and the law of torts. The role of law in society, the analysis of judicial reasoning, and
the application of legal concepts to factual situations are stressed.
Prerequisite:
None
Textbook:
The textbook information which appears on our Saint Leo Bookstore ordering site is as follows:
Schubert (2015). Introduction to Law and the Legal System 11thEdition. Loose-leaf
(Custom) ISBN-13: 978-1-337-68560-3
Schubert (2015). Introduction to Law and the Legal System 11thEdition. E-Book
(Custom) ISBN-13: 978-1-337-56847-0
Your custom textbook was created from the following National text(s):
Schubert (2015). Introduction to Law and the Legal System 11th Edition
ISBN-13: 978-1-285-43825-2
Ch. 1-9
Samaha (2015). Criminal Procedure 9th Edition
ISBN-13: 978-1-285-45787-1
Ch. 1-8, 10 & 15
Course Objectives:
1. Students must demonstrate a basic understanding of legal concepts such as substantive and
procedural due process, constitutional interpretation, appellate review, and the history of the U.S.
legal system.
2. Students must be familiar with the structure and jurisdiction of the U.S. court systems.
3. Students must demonstrate a basic familiarity with civil procedure.
4. Students should be able to demonstrate that they can brief and understand appellate court
decisions.
5. Students should be able to demonstrate that they know how to apply case and statutory law to
factual situations.
6. Students must demonstrate a basic familiarity with criminal law and procedure.
7. Students must be aware of the applications of equity and the spectrum of judicial remedies.
8. Students must demonstrate a basic familiarity with alternative dispute resolution.
9. Students must demonstrate a basic familiarity with contracts.
10. Students must demonstrate a basic familiarity with the law of torts.
11. Students must demonstrate a basic familiarity with the relationship between legislation and court
law.
12. Students must be aware of the applications of administrative regulations.
Core Value:
2
Personal Development: Saint Leo University stresses the development of every person’s mind, spirit, and
body for a balanced life. All members of the Saint Leo University community must demonstrate their
commitment to personal development to help strengthen the character of our community.
Evaluation:
Assignment % of Grade
Discussions (8) 8
Case Bri ...
InstructionsIntegral to this course will be the ability to read,.docxJeniceStuckeyoo
Instructions
Integral to this course will be the ability to read, understand, brief, and discuss the cases of the Supreme Court of the United States (SCOTUS). The following information, "How to Brief Case Law,” discusses how to master these tasks. This information will be referenced and used throughout the course, including in the unit assessments.
The official site of the Supreme Court of the United States (SCOTUS) is a useful and beneficial tool. Some cases even provide the ability to listen to the oral arguments. This site could be used to supplement any additional information the student might need.
Note: There are numerous sites on the internet that provide case briefs. If any student case briefs are copied, there will be an automatic score of zero for the respective unit.
How to Brief Case Law
A court uses the following components in case law. You should use these components when you brief, or summarize, case law. Each component is detailed below:
1) Proper and full legal citation
2) Procedural history
3) Facts
4) Issue(s)
5) Holding, including vote
6) Rule(s) of law, Legal principle that was used/created
7) Rationale reasoning/analysis use by court
8) Significance—What do we have now, that we did not have before this case?
Case Brief Explanation
Proper and full legal citation
List the title of the case and the case’s legal reference according to APA standards.
Example:
Miranda v. Arizona
, 384 U.S. 436 (1966)
Procedural history
Typically, there is a section that covers the judicial history, that is a very short summary of what happened at each preceding stage: trial court of XX found the defendant guilty (as described in the “Facts” section), (party name) appealed based upon (specify legal issue), and the appellate court affirmed or reversed, it was then appealed to the (State) Supreme Court which reversed or affirmed, and based upon the Constitutional issues of 1,2,3, (these are enumerated in the “issues” section) the case was appealed to the (name the federal court), that affirmed or reversed, and then (party name) appealed to the USSC on the grounds of (very specific constitutional grounds); the court granted certiorari (agreed to hear the case on this specific basis).
Facts of the case
Facts of the case should be the ABSOLUTE fewest words possible to convey the legally relevant issues. No details are needed unless they are specifically related to the particular legal challenge bringing us to the United States Supreme Court (USSC). It takes discipline and practice to keep this to a few lines while still capturing the essentials. This section ends with a conviction and provides a segue to the next section.
Issues
Issues are answered using yes or no question(s) that identify the larger constitutional question that will be considered by the USSC and is typically quite specific in terms of a legal issue, but not necessarily specific to the set of facts in this case. It is possible that a sing.
Brief Texas v. Johnson located on page 166 of your text. Follow.docxjackiewalcutt
Brief
Texas v. Johnson
located on page 166 of your text. Follow the briefing format explained on pages 13-16: citation, facts, rule, issue, holding, reasoning, and criticism.
Recall that the facts should include any fact that you think affected the court's decision as well as the main procedural facts. The rule should be the rule as it existed prior to this decision.
The issue statement should contain two main components: the rule (label plus definition) and specific facts. After reading the issue, the reader should know exactly why each side thought it had a chance of convincing the court that it should win.
The holding should be very specific so that your reader will know the limits that the court placed on its decision.
The reasoning section should be as complete as possible so that your reader can fully understand why the court decided as it did.
Finally, the criticism section should include a short accounting of what the dissent had to say. Your criticism section should also point out any logical failings or limitations that you found in the majority opinion's thinking. Make sure anyone reading your criticism section can tell when you are giving your own criticism versus when you are simply reporting on what the dissent had to say.
The project is due as follows:
Part A -- Citation, Facts, and Rule - Week 1
You only have do the citation, facts, and rule!!!!!!!
The following pages are the e-text steps you'll hav e to follow to create the case brief.
page 13
(3) Briefing court opinions
The word
brief
has several meanings in the legal field. When we refer to briefing a case or to
case briefs
, we are referring to a written summary of a court opinion. This is to be contrasted with an appellate brief, which is a formal written argument to an appellate court, in which a lawyer argues why that court should affirm or reverse a lower court's decision.
(a) Reasons for briefing cases
Briefing court opinions serves two purposes. First, and most important, it makes you read the case thoroughly. You have to go back and dig out the essentials, organize them, and state them in your own words. This is necessary for an adequate understanding of the court opinion. Second, it is a form of note taking that provides a condensed record of the most important information about the case you briefed. You can use these case briefs to refresh your memory when preparing for class or studying for exams.
(b) Format of a case brief
While most case briefs share many common features, there is no single format that is universally accepted within the legal community. Indeed, there are almost as many different briefing styles as there are attorneys writing briefs. What we present here is an approach that we think will help you organize your thoughts and understand the opinion.
The case briefing method described here breaks the case down into the following elements: (i) case citation, (ii) facts — both procedural and substantive, (iii) r.
Copyright litigation handbook contents and overviewRaymond Dowd
Litigation handbook for attorneys handling copyright infringement, copyright ownership, and copyright licensing cases. Includes Copyright Act, Federal Rules of Civil Procedure, Federal Rules of Evidence, case annotations
Case Briefing AssignmentA.Introduction Case law” is a ter.docxwendolynhalbert
Case Briefing Assignment
A.
Introduction
“Case law” is a term describing the published decisions of courts of appeal (e.g. the Oregon Court of Appeals, which is the court that reviews appeals of cases in Oregon county Circuit Courts—see http://courts.oregon.gov/COA/). These published decisions set important case precedent, meaning that other courts usually must use these decisions as a template for how to rule on a controversy involving similar facts and circumstances. Typically, the higher the court, the more important the precedent (e.g., the decisions of Oregon’s case, the Oregon Supreme Court supersede decisions of the Oregon Court of Appeals involving the same facts and circumstances).
Case law is important for many reasons. For instance, case law interprets statutes, ordinances, and other law made by Congress, state legislators, city councils, and other lawmakers. Case law also interprets the U.S. Constitution, and the constitutions of the various states. As such, case-law decisions effectively modify the applicable law.
Case law is also important for businesses. This is because case law provides important information regarding how a business should operate under certain facts and circumstances, and how businesses should interpret the law adopted by lawmakers. For instance, in the case of Berry v. Richfiled Oil Corp., 189 Or 568, 587-588 (1950), the Oregon Supreme Court held that a person who has not bothered to read or seek clarification of his or her contract cannot later prevail in court on the basis that the contract has been misrepresented. In the case of Lukas v. J.C. Penney Co., 233 Or 345 (1963), the Oregon Supreme Court ruled that a “cause of action” (meaning a basis for legal liability) for false imprisonment may arise even if the period of confinement is for a few minutes and not a much longer period; hence, businesses cannot necessarily rely on the relatively short duration of improper confinement (e.g. a minute or two) to escape liability for false imprisonment.
Ideally, there would be at least one case describing how the law applies (i.e. how a court would rule) to each possible business controversy. That way, a business could act both proactively (e.g. how to design its store to minimize negligence claims, how to properly prepare employee contracts to minimize claims for breach of contract, etc.) and reactively (e.g. exactly what to do if someone slips and falls, what to do if the business is sued, etc.) for every possible set of facts and circumstances. Of course, in reality, each event in life is a bit different from others. Hence, it is difficult to find a case “on all fours” (i.e. identical) to any particular set of actual facts and circumstances. However, cases can serve as extremely important guides for what to do--and what not to do--in business and in personal lives. Finding a “good case” (i.e. similar facts and circumstances to the issue or problem at hand) is important to lawyers and bu ...
Topics covered in this month’s patent prosecution presentation include a discussion of the new extended missing parts program, the Microsoft v. i4i case in which the clear and convincing standard for the presumption of validity is being challenged, the Costco v. Omega case regarding foreign first sale doctrine, patent office appeals practice, and joint infringement.
An overview of the basics of US copyright fair use for entrepreneurs, business people, and creative professionals. "What Is Fair Use?" includes the following:
A brief review of copyright.
Copyright law vs. the First Amendment.
How do you "claim" Fair Use?
The Four Factors of Fair Use.
Important Fair Use Cases.
The future of Fair Use.
For more information, please go to LizerbramLaw.com
1-2paragraphsapa formatWelcome to Module 6. Divers.docxjasoninnes20
1-2
paragraphs
apa format
Welcome to Module 6. Diversity can help ensure that a team has the skills and knowledge necessary for the successful completion of tasks. Diverse teams, as long as they are well managed, tend to be more creative and achieve goals more efficiently. Leaders must understand and appreciate the diversity that exists in their team. Answer the following question as you think about the diversity that exists within your own organization.
How does this diversity help your team achieve its goals?
Have you noticed any barriers to team unity that may be attributed to the diversity of team members' backgrounds?
How has your background and experience prepared you to be an effective leader in an organization that holds diversity and inclusion as core to its mission and values?
.
1-Post a two-paragraph summary of the lecture; 2- Review the li.docxjasoninnes20
1-Post a two-paragraph summary of the lecture;
2- Review the links and select one. Briefly explain how they support our curse.
http://www.fldoe.org/
http://www.eric.ed.gov/ERICWebPortal/Home.portal
http://firn.edu/doe/sas/ftce/ftcecomp.htm
Use APA 7.
each work separately.
.
1-What are the pros and cons of parole. Discuss!2-Discuss ways t.docxjasoninnes20
1-What are the pros and cons of parole. Discuss!
2-Discuss ways to improve parole so that offenders have a better chance of being successful in the community
3-What are the barriers that parolees face when they return to the community that contribute to them failing. Give a relative example!
Submit in 3 paragraphs
.
1-page (max) proposal including a Title, Executive Summary, Outline,.docxjasoninnes20
1-page (max) proposal including a Title, Executive Summary, Outline, Team members, Task Assignment and Duration (who is doing what part). Include your anticipated dataset(s) and techniques/software. Please provide a list of the main references you want to use for your project in any appropriate format, e.g. Vancouver or APA style.
proposal is due by october 7th 2020 at 12pm est
project by 25th october
instructions for project are in the folder
.
More Related Content
Similar to Case Citation Delahanty v. Hinckley, 564 A.2d 758 (D.C. 1989).docx
HowtoBriefaCase A case brief is a written summary.docxpooleavelina
How to Brief a Case
A case brief is a written summary of a decided case. Each professor and lawyer has
their own format for briefing a case. A case brief will focus on the main issue(s) of the
case and is a valuable tool when conducting legal research. Not only does the act of
briefing a case help you to isolate the issue, it can clarify the facts that were instrumental
in coming to the conclusion that the Judges or Justices did. When asked to prepare a
brief for someone, it is a good idea to ask for a sample first to make sure you comply with
their format requirements. It is also vital for you to obtain a copy of the actual case. What
is in your textbook is usually a very abbreviated version of the case, which may or may
not even contain all of the issues decided in that case.
For the purposes of this class, you will use the following format:
Citation: The citation is the name, reporter and date the case was decided. It is also a
good idea to list the actual court if it is not apparent from the citation. For example:
Marbury v. Madison 5 US 137 (1803).
Facts: The facts section will only include the facts important to the actual holding in the
case. While you need to provide enough information so that the reader will know who is
doing what, you should exclude any matters which did not have an effect on the outcome
of the case. You do not want to copy of the facts straight from the case, it will be very
obvious and prevent your case brief from being “brief.”
You should make sure you know what the issue and reasoning is before you set down the
facts. You should indicate which party was the plaintiff and which was the defendant at
trial and refer to them by name throughout the brief. This is because at the appellate
level the winner will be called the appellee and the loser, the appellant. It gets confusing
if you continue to call them plaintiff and defendant or appellant and appellee.
Procedural History: The procedural history will indicate what happened in the trial level
(and appellate level if it made it to the Supreme Court). You should also indicate which
trial court the case came from. You would need to indicate what the causes of actions
were and how the court ruled on them. You will then indicate who brought the appeal
and why.
Issue: Unless the decision is very clear, this may be the most difficult part of the brief.
You need to indicate in question form, what the appellate court is being asked to decide.
If there is more than one question to be answered, you need to list them all.
Holding: This is the answer to the question(s). You will tell the conclusion of the appellate
court and what they have ordered: affirmed, reversed, or remanded.
Reasoning: This is the most important part of your brief. It is in this section that you
explain why the appellate court decided the way it did and include citations to any cases
they relied on in their decis ...
How To Brief a Case Confusion often arises over the term le.docxwellesleyterresa
How To Brief a Case
Confusion often arises over the term “legal brief.” There are at least two different senses in which the term is
used.
Appellate brief
An appellate brief is a written legal argument presented to an appellate court. Its purpose is to persuade the
higher court to uphold or reverse the trial court’s decision. Briefs of this kind are therefore geared to presenting
the issues involved in the case from the perspective of one side only.
Appellate briefs from both sides can be very valuable to anyone assessing the legal issues raised in a case.
Unfortunately, they are rarely published. The U.S. Supreme Court is the only court for which briefs are
regularly available in published form. The Landmark Briefs series (REF. LAW KF 101.9 .K8) includes the
full texts of briefs relating to a very few of the many cases heard by this court. In addition, summaries of the
briefs filed on behalf of the plaintiff or defendant for all cases reported are included in the U.S. Supreme Court
Reports. Lawyer’s Ed., 2nd. series (REF. LAW KF 101 .A42).
Student brief
A student brief is a short summary and analysis of the case prepared for use in classroom discussion. It is a set
of notes, presented in a systematic way, in order to sort out the parties, identify the issues, ascertain what was
decided, and analyze the reasoning behind decisions made by the courts.
Although student briefs always include the same items of information, the form in which these items are set out
can vary. Before committing yourself to a particular form for briefing cases, check with your instructor to
ensure that the form you have chosen is acceptable.
THE PARTIES AND HOW TO KEEP TRACK OF THEM
Beginning students often have difficulty identifying relationships between the parties involved in court cases.
The following definitions may help:
Plaintiffs sue defendants in civil suits in trial courts.
The government (state or federal) prosecutes defendants in criminal cases in trial courts.
The losing party in a criminal prosecution or a civil action may ask a higher (appellate) court to review the case
on the ground that the trial court judge made a mistake. If the law gives the loser the right to a higher court
review, his or her lawyers will appeal. If the loser does not have this right, his or her lawyers may ask the court
for a writ of certiorari. Under this procedure, the appellate court is being asked to exercise its lawful discretion
in granting the cases a hearing for review.
For example, a defendant convicted in a federal district court has the right to appeal this decision in the Court of
Appeals of the circuit and this court cannot refuse to hear it. The party losing in this appellate court can request
that the case be reviewed by the Supreme Court, but, unless certain special circumstances apply, has no right to
a hearing.
These two procedures, appeals and petitions for certiorari, are sometimes loosely grouped togeth ...
1 How to Brief a Case Prepared for the Legal S.docxhoney725342
1
How to Brief a Case
Prepared for the Legal Studies Program
American Public University System
December 2013
Introduction: A case brief is a concise summary of the significance of a case. It is a bit
like a “book report,” but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare Decisis, is a doctrine which governs much of our legal process.
Under the doctrine, a prior court’s decision serves as “authority” for a subsequent court which
will address the same or similar issue. Therefore, understanding a court’s decision and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brief is a tool by means of which to “capture” or outline the most important
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
quotes from the court’s opinion. The brief should be written in your own words, based on your
understanding of the case. Of course, select quotes of the court’s words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
Often, your textbooks will contain synopses of or abbreviated versions of courts’
opinions. When you want to understand a court’s decision, it is essential that you read the entire
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. Case Name and Citation: As a header on the first page of your brief, you should state
the name of the case, identify each party’s role in the cas ...
CitationStephen L. Wasby, The Functions and Importance of.docxsleeperharwell
Citation:
Stephen L. Wasby, The Functions and Importance of
Appellate Oral Argument: Some Views of Lawyers and
Federal Judges, 65 Judicature 340 (1982)
Provided by:
University of Washington Law Library
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The functions and importance
of appellate oral argument:
some views of lawyers and
federal judges
0
CO.,
0'
z
340 judicature Volume 65. Number 7 February, 1982
%-. M
Although some critics have proposed curtailing or
eliminating oral argument in certain cases,
both judges and lawyers believe
it plays a vital role in the appellate
process, a recent survey shows.
> by Stephen L. Wasby
~ne of the most traditional and im-
portant elements of deciding cases
on appeal is oral argument, an ele-
ment of advocacy older than writ-
lJ ten briefs in this country. Briefs originally were
not required in appeals, and oral argument
J1 continued without time limits even when
briefs were submitted. Eventually briefs did
begin to displace argument: the Supreme Court
first waived oral argument when written argu-
ments were submitted, then mandated briefs
prior to argument, and finally both reserved
argument for the most important cases and
reduced the time granted each party.t
Curtailment of oral argument in other appel-
late courts, partly the result of caseload pres-
sure, has attracted continued attention. Var-
ious sources have warned that eliminating oral
argument in all cases would harm the appel-
late process. 2 Most recently, the Devitt Com-
mittee (the Committee to Consider Standards
for Admission to Practice in the Federal Courts
of the Judicial Conference of the United States)
brought further attention to legal advocacy at
both trial and appellate levels. The "substan-
tially divided" committee, however, made no
recommendations concerning appellate advo-
cacy because it found "the problems presented
... not sufficiently serious to call for the recom-
mending of remedies" 3-at least by compari-
son with trial advocacy, to which the commit-
tee devoted the bulk of its attention. Despite the
Devitt Committee's view, appellate advocacy
remains of considerable importance.
Recent literature shows tension between two.
MBA535 Case Brief Guidelines and Rubric How and Why to Brie.docxARIV4
MBA535: Case Brief Guidelines and Rubric
How and Why to Brief a Law Case
Purpose
The purpose of reading in the practice of law is different from the purpose of reading in many
other disciplines. In law, you read not just to familiarize yourself with someone else’s ideas but
to be able to use the information to answer a question. This requires understanding judicial
opinions in depth and being able to use the information in a number of cases to formulate an
answer to a new question. Therefore, passively reading cases is not sufficient; you must
deconstruct the opinion into its component parts and state those components in your own words
and in an easily accessible format. Then the information is at hand for you to apply to a new set
of facts.
Briefing a case requires you to put the material into your own words. To do this, you have to
understand it. Underlining text does not require you to understand it. Moreover, briefing a case
reduces the volume of material so you can find what you need. Underlining does not accomplish
this goal either.
Assignment
You will complete two Case Briefs as follows and submit each to the Dropbox no later than
Sunday 11:59 PM EST/EDT of the module in which it is due. (Each Dropbox basket is linked to
Turnitin.)
Details for each Case Brief are located within Modules 4 and 8.
Instructions
Every lawyer briefs cases differently. A case brief generally consists of a series of topic
headings with the specific information from the case under each heading. Most case briefs
contain similar information but the headings and their sequence may be different. Some
professors have a preferred briefing format. You are only required to follow the general format
as set forth below.
The following is adapted from A Practical Guide to Legal Writing and Legal Method (Dernbach,
et al., 2007).
1. Case name: Include the full citation, including the date of the opinion, for future
reference and citation. An example would be as follows: State v. Holloran, 140 NH 563
(1995). Refer to Bluebook to determine the correct name for the case.
2. Pincites: Include pinpoint cites (cites to a particular page in the case) throughout the
case brief so you can find material again quickly within a case.
3. Procedural History: What happened to the case before it arrived in this court? If it is an
appellate case, list the decisions made by the lower court(s) and note what decision is
being reviewed (e.g., jury verdict, summary judgment). You may need to look up
procedural phrases with which you are unfamiliar.
4. Facts: Include only the facts that were relevant to the court’s decision. You are unlikely
to know what these are until you have read the entire opinion. Many cases may include
procedural facts that are relevant to the decision in addition to the facts that happened
before litigation.
5. Issue: The particular question the court had to decide in this case. It usually includes
specific facts ...
Case Analysis (Weeks 2 )· Post a brief case analysis of a listed.docxwendolynhalbert
Case Analysis (Weeks 2 )
· Post a brief case analysis of a listed problem for the week in the corresponding weeks assignment dropbox. The case assignments will be posted by professor in the Announcements each week. In a large class some students may have duplicate cases assigned to other students.
· The assignment should consist of a presentable and entertaining presentation (Power Point or other medium) and will be delivered in some form of participative medium (webex/on-site/or alternative as determined by professor) . It should include a summary of the relevant facts, the law, judicial opinion and answer the case questions. All that is necessary for an understanding of the case is important and required.
· The report must go beyond the discussion of the problem posed in the textbook, to achieve a superior grade. Do research outside the textbook- this must include research outside the case citation such as the Lexus-Nexis in the DeVry Library or FindLaw.com, do research on the parties and circumstances of the case itself and incorporate some audio-visual modality as a part of the case analysis.something about one of the parties, as well as some background contained in the legal opinion. Doing significant research outside the textbook is essential.
· Utilize the case format below.
· Your grade comes from the content contained on the actual submission.
Case Analysis Format
1. Read and understand the case or question assigned. Show your Analysis and Reasoning and make it clear you understand the material. Be sure to incorporate the concepts of the chapter we are studying to show your reasoning. Dedicate at least one heading to each following outline topic:
Parties [Identify the plaintiff and the defendant]
Facts [Summarize only those facts critical to the outcome of the case]
Procedure [Who brought the appeal? What was the outcome in the lower court(s)?]
Issue [Note the central question or questions on which the case turns]
Explain the applicable law(s). Use the textbook here. The law should come from the same chapter as the case. Be sure to use citations from the textbook including page numbers.
Holding [How did the court resolve the issue(s)? Who won?]
Reasoning [Explain the logic that supported the court's decision]
2. Do significant research outside of the book and demonstrate that you have in a very obvious way. This refers to research beyond the legal research. This involves something about the parties or other interesting related area. Show something you have discovered about the case, parties or other important element from your own research. Be sure this is obvious and adds value beyond the legal reasoning of the case.
3. Dedicate 1 slide to each of the case question(s) immediately following the case, if there are any. Be sure to state and fully answer the questions in the presentation.
4. Quality in terms of substance, form, grammar and context. Be entertaining! Use excellent audio-visual material and backgrounds!
5. Wrap up with ...
1 Saint Leo University CRMPOL 123 Introduction.docxjeremylockett77
1
Saint Leo University
CRM/POL 123
Introduction to Law and the Legal System
Course Description:
This course is an introductory survey of the history, structures, and processes of the U.S. legal system.
It is designed to be taken as a first University-level course in law and should precede more specialized
courses such as criminal, business, or constitutional law. Covered are basic legal concepts such as due
process, the structure of the U.S. court system, and the major subdivisions of law such as civil procedure,
criminal procedure, and the law of torts. The role of law in society, the analysis of judicial reasoning, and
the application of legal concepts to factual situations are stressed.
Prerequisite:
None
Textbook:
The textbook information which appears on our Saint Leo Bookstore ordering site is as follows:
Schubert (2015). Introduction to Law and the Legal System 11thEdition. Loose-leaf
(Custom) ISBN-13: 978-1-337-68560-3
Schubert (2015). Introduction to Law and the Legal System 11thEdition. E-Book
(Custom) ISBN-13: 978-1-337-56847-0
Your custom textbook was created from the following National text(s):
Schubert (2015). Introduction to Law and the Legal System 11th Edition
ISBN-13: 978-1-285-43825-2
Ch. 1-9
Samaha (2015). Criminal Procedure 9th Edition
ISBN-13: 978-1-285-45787-1
Ch. 1-8, 10 & 15
Course Objectives:
1. Students must demonstrate a basic understanding of legal concepts such as substantive and
procedural due process, constitutional interpretation, appellate review, and the history of the U.S.
legal system.
2. Students must be familiar with the structure and jurisdiction of the U.S. court systems.
3. Students must demonstrate a basic familiarity with civil procedure.
4. Students should be able to demonstrate that they can brief and understand appellate court
decisions.
5. Students should be able to demonstrate that they know how to apply case and statutory law to
factual situations.
6. Students must demonstrate a basic familiarity with criminal law and procedure.
7. Students must be aware of the applications of equity and the spectrum of judicial remedies.
8. Students must demonstrate a basic familiarity with alternative dispute resolution.
9. Students must demonstrate a basic familiarity with contracts.
10. Students must demonstrate a basic familiarity with the law of torts.
11. Students must demonstrate a basic familiarity with the relationship between legislation and court
law.
12. Students must be aware of the applications of administrative regulations.
Core Value:
2
Personal Development: Saint Leo University stresses the development of every person’s mind, spirit, and
body for a balanced life. All members of the Saint Leo University community must demonstrate their
commitment to personal development to help strengthen the character of our community.
Evaluation:
Assignment % of Grade
Discussions (8) 8
Case Bri ...
InstructionsIntegral to this course will be the ability to read,.docxJeniceStuckeyoo
Instructions
Integral to this course will be the ability to read, understand, brief, and discuss the cases of the Supreme Court of the United States (SCOTUS). The following information, "How to Brief Case Law,” discusses how to master these tasks. This information will be referenced and used throughout the course, including in the unit assessments.
The official site of the Supreme Court of the United States (SCOTUS) is a useful and beneficial tool. Some cases even provide the ability to listen to the oral arguments. This site could be used to supplement any additional information the student might need.
Note: There are numerous sites on the internet that provide case briefs. If any student case briefs are copied, there will be an automatic score of zero for the respective unit.
How to Brief Case Law
A court uses the following components in case law. You should use these components when you brief, or summarize, case law. Each component is detailed below:
1) Proper and full legal citation
2) Procedural history
3) Facts
4) Issue(s)
5) Holding, including vote
6) Rule(s) of law, Legal principle that was used/created
7) Rationale reasoning/analysis use by court
8) Significance—What do we have now, that we did not have before this case?
Case Brief Explanation
Proper and full legal citation
List the title of the case and the case’s legal reference according to APA standards.
Example:
Miranda v. Arizona
, 384 U.S. 436 (1966)
Procedural history
Typically, there is a section that covers the judicial history, that is a very short summary of what happened at each preceding stage: trial court of XX found the defendant guilty (as described in the “Facts” section), (party name) appealed based upon (specify legal issue), and the appellate court affirmed or reversed, it was then appealed to the (State) Supreme Court which reversed or affirmed, and based upon the Constitutional issues of 1,2,3, (these are enumerated in the “issues” section) the case was appealed to the (name the federal court), that affirmed or reversed, and then (party name) appealed to the USSC on the grounds of (very specific constitutional grounds); the court granted certiorari (agreed to hear the case on this specific basis).
Facts of the case
Facts of the case should be the ABSOLUTE fewest words possible to convey the legally relevant issues. No details are needed unless they are specifically related to the particular legal challenge bringing us to the United States Supreme Court (USSC). It takes discipline and practice to keep this to a few lines while still capturing the essentials. This section ends with a conviction and provides a segue to the next section.
Issues
Issues are answered using yes or no question(s) that identify the larger constitutional question that will be considered by the USSC and is typically quite specific in terms of a legal issue, but not necessarily specific to the set of facts in this case. It is possible that a sing.
Brief Texas v. Johnson located on page 166 of your text. Follow.docxjackiewalcutt
Brief
Texas v. Johnson
located on page 166 of your text. Follow the briefing format explained on pages 13-16: citation, facts, rule, issue, holding, reasoning, and criticism.
Recall that the facts should include any fact that you think affected the court's decision as well as the main procedural facts. The rule should be the rule as it existed prior to this decision.
The issue statement should contain two main components: the rule (label plus definition) and specific facts. After reading the issue, the reader should know exactly why each side thought it had a chance of convincing the court that it should win.
The holding should be very specific so that your reader will know the limits that the court placed on its decision.
The reasoning section should be as complete as possible so that your reader can fully understand why the court decided as it did.
Finally, the criticism section should include a short accounting of what the dissent had to say. Your criticism section should also point out any logical failings or limitations that you found in the majority opinion's thinking. Make sure anyone reading your criticism section can tell when you are giving your own criticism versus when you are simply reporting on what the dissent had to say.
The project is due as follows:
Part A -- Citation, Facts, and Rule - Week 1
You only have do the citation, facts, and rule!!!!!!!
The following pages are the e-text steps you'll hav e to follow to create the case brief.
page 13
(3) Briefing court opinions
The word
brief
has several meanings in the legal field. When we refer to briefing a case or to
case briefs
, we are referring to a written summary of a court opinion. This is to be contrasted with an appellate brief, which is a formal written argument to an appellate court, in which a lawyer argues why that court should affirm or reverse a lower court's decision.
(a) Reasons for briefing cases
Briefing court opinions serves two purposes. First, and most important, it makes you read the case thoroughly. You have to go back and dig out the essentials, organize them, and state them in your own words. This is necessary for an adequate understanding of the court opinion. Second, it is a form of note taking that provides a condensed record of the most important information about the case you briefed. You can use these case briefs to refresh your memory when preparing for class or studying for exams.
(b) Format of a case brief
While most case briefs share many common features, there is no single format that is universally accepted within the legal community. Indeed, there are almost as many different briefing styles as there are attorneys writing briefs. What we present here is an approach that we think will help you organize your thoughts and understand the opinion.
The case briefing method described here breaks the case down into the following elements: (i) case citation, (ii) facts — both procedural and substantive, (iii) r.
Copyright litigation handbook contents and overviewRaymond Dowd
Litigation handbook for attorneys handling copyright infringement, copyright ownership, and copyright licensing cases. Includes Copyright Act, Federal Rules of Civil Procedure, Federal Rules of Evidence, case annotations
Case Briefing AssignmentA.Introduction Case law” is a ter.docxwendolynhalbert
Case Briefing Assignment
A.
Introduction
“Case law” is a term describing the published decisions of courts of appeal (e.g. the Oregon Court of Appeals, which is the court that reviews appeals of cases in Oregon county Circuit Courts—see http://courts.oregon.gov/COA/). These published decisions set important case precedent, meaning that other courts usually must use these decisions as a template for how to rule on a controversy involving similar facts and circumstances. Typically, the higher the court, the more important the precedent (e.g., the decisions of Oregon’s case, the Oregon Supreme Court supersede decisions of the Oregon Court of Appeals involving the same facts and circumstances).
Case law is important for many reasons. For instance, case law interprets statutes, ordinances, and other law made by Congress, state legislators, city councils, and other lawmakers. Case law also interprets the U.S. Constitution, and the constitutions of the various states. As such, case-law decisions effectively modify the applicable law.
Case law is also important for businesses. This is because case law provides important information regarding how a business should operate under certain facts and circumstances, and how businesses should interpret the law adopted by lawmakers. For instance, in the case of Berry v. Richfiled Oil Corp., 189 Or 568, 587-588 (1950), the Oregon Supreme Court held that a person who has not bothered to read or seek clarification of his or her contract cannot later prevail in court on the basis that the contract has been misrepresented. In the case of Lukas v. J.C. Penney Co., 233 Or 345 (1963), the Oregon Supreme Court ruled that a “cause of action” (meaning a basis for legal liability) for false imprisonment may arise even if the period of confinement is for a few minutes and not a much longer period; hence, businesses cannot necessarily rely on the relatively short duration of improper confinement (e.g. a minute or two) to escape liability for false imprisonment.
Ideally, there would be at least one case describing how the law applies (i.e. how a court would rule) to each possible business controversy. That way, a business could act both proactively (e.g. how to design its store to minimize negligence claims, how to properly prepare employee contracts to minimize claims for breach of contract, etc.) and reactively (e.g. exactly what to do if someone slips and falls, what to do if the business is sued, etc.) for every possible set of facts and circumstances. Of course, in reality, each event in life is a bit different from others. Hence, it is difficult to find a case “on all fours” (i.e. identical) to any particular set of actual facts and circumstances. However, cases can serve as extremely important guides for what to do--and what not to do--in business and in personal lives. Finding a “good case” (i.e. similar facts and circumstances to the issue or problem at hand) is important to lawyers and bu ...
Topics covered in this month’s patent prosecution presentation include a discussion of the new extended missing parts program, the Microsoft v. i4i case in which the clear and convincing standard for the presumption of validity is being challenged, the Costco v. Omega case regarding foreign first sale doctrine, patent office appeals practice, and joint infringement.
An overview of the basics of US copyright fair use for entrepreneurs, business people, and creative professionals. "What Is Fair Use?" includes the following:
A brief review of copyright.
Copyright law vs. the First Amendment.
How do you "claim" Fair Use?
The Four Factors of Fair Use.
Important Fair Use Cases.
The future of Fair Use.
For more information, please go to LizerbramLaw.com
Similar to Case Citation Delahanty v. Hinckley, 564 A.2d 758 (D.C. 1989).docx (18)
1-2paragraphsapa formatWelcome to Module 6. Divers.docxjasoninnes20
1-2
paragraphs
apa format
Welcome to Module 6. Diversity can help ensure that a team has the skills and knowledge necessary for the successful completion of tasks. Diverse teams, as long as they are well managed, tend to be more creative and achieve goals more efficiently. Leaders must understand and appreciate the diversity that exists in their team. Answer the following question as you think about the diversity that exists within your own organization.
How does this diversity help your team achieve its goals?
Have you noticed any barriers to team unity that may be attributed to the diversity of team members' backgrounds?
How has your background and experience prepared you to be an effective leader in an organization that holds diversity and inclusion as core to its mission and values?
.
1-Post a two-paragraph summary of the lecture; 2- Review the li.docxjasoninnes20
1-Post a two-paragraph summary of the lecture;
2- Review the links and select one. Briefly explain how they support our curse.
http://www.fldoe.org/
http://www.eric.ed.gov/ERICWebPortal/Home.portal
http://firn.edu/doe/sas/ftce/ftcecomp.htm
Use APA 7.
each work separately.
.
1-What are the pros and cons of parole. Discuss!2-Discuss ways t.docxjasoninnes20
1-What are the pros and cons of parole. Discuss!
2-Discuss ways to improve parole so that offenders have a better chance of being successful in the community
3-What are the barriers that parolees face when they return to the community that contribute to them failing. Give a relative example!
Submit in 3 paragraphs
.
1-page (max) proposal including a Title, Executive Summary, Outline,.docxjasoninnes20
1-page (max) proposal including a Title, Executive Summary, Outline, Team members, Task Assignment and Duration (who is doing what part). Include your anticipated dataset(s) and techniques/software. Please provide a list of the main references you want to use for your project in any appropriate format, e.g. Vancouver or APA style.
proposal is due by october 7th 2020 at 12pm est
project by 25th october
instructions for project are in the folder
.
1-Identify the benefits of sharing your action research with oth.docxjasoninnes20
1-Identify the benefits of sharing your action research with others.
-How does sharing your action research assist you in achieving your goal to improve the lives of your students?
2-Describe the criteria used to judge action research.
-What determines if your action research study gets published?
3-Identify one Web site resource (ERIC)and describe how it assisted you in designing, implementing, evaluating, writing and/or sharing your action research. Choose any one of the Web site sources listed in chapter 10(last page of attachment)
4-Why does Mills suggest in the last chapter of his book that this is really the beginning of your work?( start page 291)
Source:
Mills, G. E. (2000). Action research: A guide for the teacher researcher. Prentice-Hall, Inc., One Lake Street, Upper Saddle River, New Jersey 07458.
.
1-page APA 7 the edition No referenceDescription of Personal a.docxjasoninnes20
1-page APA 7 the edition / No reference
Description of Personal and Professional Goals My personal goal within the health care field is to become a successful and exceptional
nurse.
1-page APA 7 the edition / No reference
Reflection of the program Discussions about the program has helped my growth as a capable nurse. And talk about how good the program.
.
1-Pretend that you are a new teacher. You see that one of your st.docxjasoninnes20
1-Pretend that you are a new teacher. You see that one of your students likes to tease and joke on the other students. This student targets some students more than others and is meaner to them. The students who are targeted most often are those who appear to be less socially adept than some of the others. They may be younger, seem to have a more obvious disability or be overweight, wear glasses or not dress in trendy clothes. The student's behavior goes well beyond "friendly banter" and often leaves the other students feeling hurt and ashamed. How do you stop the student from bullying his or her peers and work to build the self-esteem of the students who have been picked on? What could be some of the causes of the student's bullying behavior and how might you work to address the root of the behavior?
2-Tiered Behavior Management and Response to Intervention (RtI
Please share a situation where you have worked with a challenging or difficult student. Was a tiered program or RtI a part of the program used to work with the student? How does a tiered program encourage student success? What are some of the challenges you have experienced while working with a tiered program? How have your students responded to the program or programs?
3-Special education teachers may work at different education levels at various points in their careers. Inclusion will be different in the lower grades than it would be in a high school classroom. How do you think that inclusion may look different for students at the elementary level as opposed to the high school level? What are some of the methods used to include students at all educational levels? What are some of the benefits and challenges you can see of the different inclusion models used with the different age students?
4-As a teacher of students with mild disabilities your class may be a diverse mix of students with various abilities and disabilities. How might inclusion and classroom management change when working with students with Autism and Autism Spectrum Disorders or other specific disabilities such as Down Syndrome? What would you need to take into account when developing behavior intervention plans (BIPs) and Individual Education Plans (IEPs)? How do you think these would change as the student grew and progressed through school?
5- This week you have a special task for the discussion. You will need to read about a disability category or specific disability that is of interest to you. Many of you may have a student, friend or family member with a specific disability we have not talked about so far in class. Use what you learn in the materials you read, the professional organization's website you visit or the videos you watch to talk about the specific inclusion and behavior management needs of students with that disability.
Example: My niece has ADHD and Asperger's Syndrome. She has been receiving services part time since she was in kindergarten. She also sees a counselor a.
1- What is the difference between a multi-valued attribute and a.docxjasoninnes20
1- What is the difference between a multi-valued attribute and a composite attribute? Give examples.
2- Create an ERD for the following requirements (You can use Dia diagramming tool to create your ERD):
Some Tiny College staff employees are information technology (IT) personnel. Some IT personnel provide technology support for academic programs, some provide technology infrastructure support, and some provide support for both. IT personnel are not professors; they are required to take periodic training to retain their technical expertise. Tiny College tracks all IT personnel training by date, type, and results (completed vs. not completed).
.
1- What is a Relational Algebra What are the operators. Explain.docxjasoninnes20
1- What is a Relational Algebra? What are the operators. Explain each.
2- What is the
INNER JOIN
operation between the following two relations (data sets or tables of data).
Hint: Use OWNER_ID column as common column between the two tables and list all columns of the two tables that have common OWNER_ID.
.
1- Watch the movie Don Quixote, which is an adaptation of Cerv.docxjasoninnes20
1-
Watch the movie
Don Quixote
, which is an adaptation of Cervantes' novel
Don Quixote
. Then, write at least two paragraphs (minimum five well-developed sentences per paragraph) to explain a lesson one could learn from the characters. You need to incorporate at least three of the ideas provided below:
The value of friendship
Humility and nobility
Importance of time
Importance of reading
Importance of optimism
The role of imagination and vision
Justifying commitment
Sense of self and disciple
Building leadership
.
1- reply to both below, no more than 75 words per each. PSY 771.docxjasoninnes20
1- reply to both below, no more than 75 words per each.
PSY 7710
4 days ago
Karissa Milano
unit 9 discussion scenario 3
COLLAPSE
ABA Procedure: A DRO (differential reinforcement of other behavior) to address SIB exhibited by a toddler in a home setting.
Special Methods: Any appropriate behaviors other than SIB will be reinforced through a specific amount of time (every five minutes). Reinforcement is only given when the individual does not engage in SIB behaviors.
Risks
Notes
1 Implementing the plan at home can be difficult.
1 The family might be concerned with their safety and the safety of the child. There should be a protocol before implementing this intervention.
2 Family members and client could be at risk for danger.
2 The parents might be concerned for the safety of themselves and their child.
3 Possible increase in SIB
3 SIB behaviors might increase before it decreases due to an extinction burst. The behavior analyst should have a protocol before implementing this intervention.
4 SIB behaviors could remain the same.
4 If there is no change in the clients SIB behaviors then a preference test should be conducted to determine motivating reinfoncers.
Benefits
Notes
1 Generalization
1 The client will learn to use this skill at home as well as be able generalize this skill into other settings.
2 Improved learning environment
2 SIB behaviors will decrease and appropriate behavior will be taught. SIB will no longer impact the client and family in the future.
3 Increase in appropriate behaviors
3 Appropriate behaviors will be taught and replace the SIB behavior.
4 Least intrusive intervention
4 Using reinforcement to decrease the problem behavior and increase appropriate behaviors. This is a least restrictive method of treatment.
5 Parent training and involvement
5 Parents will feel confident about implementing this evidence based treatment at home. This will can lead to an increase a buy in from the family and they will feel comfortable implementing other interventions in the future.
Summary: DRO is an intervention that is used when the client does not engage in the problem behavior (SIB) (Bailey & Burch, 2016). Reinforcement should only be given to the individual after a certain amount of time that the client is not engaging in the problem behavior; in this case it should be after five minutes of the client not engaging in SIB. The person who is implementing this treatment should not reinforce the problem behavior. The benefits of implementing DRO outweigh the risks of implementing DRO. DRO is a good intervention to use when decreasing SIB behavior. Although there are some risks, the individual who is implementing DRO should have the knowledge, training and experience and be confident when implementing DRO ( Bailey & Burch, 2016).
Reference
Bailey, J. S., & Burch, M. R. (2016).
Ethics for behavior analysts
(3rd ed.). New York, NY: Routledge.
PSY 7711
3 days ago
Emily Gentile
Unit 9 Discussion
C.
1- Pathogenesis 2- Organs affected in the body 3- Chain of i.docxjasoninnes20
1- Pathogenesis
2- Organs affected in the body
3- Chain of infection and its Links associated: Infectious agent, Reservoirs, Portal of Exit, Route of Transmission, portal of Entry, and Susceptible Host. All must to be defined in the chosen agent.
4- Incidence, Prevalence, and Prevention of this infectious disease
5- Treatment if possible
6- Please answer, being a Nurse. “How are you going to break down the chain of infection of the selected microorganisms, to avoid Cross Contamination ?
.
1- I can totally see where there would be tension between.docxjasoninnes20
1- I can totally see where there would be tension between these two, especially in today’s world. I am no expert on religion or science for that matter, but I do feel like some of the tension is unnecessary. I feel that the two can work to benefit our patients by balancing them with the needs of the patient. Let’s take my kids for instance, if they were sick with some known treatable disease there would be no other option in my mind to treat them with science and medicine that has been proven to work. I wouldn’t only pray for them to get better and not do anything about it, but I would pray for them and do whatever was necessary to help my family deal with the stress and worry of a child being sick. Here we have used them both to our benefit and they each serve a different purpose and effectiveness. Thanks again for your post!
2-My perception of the tension between science and religion is founded at first glance and then not when looked at more closely. Science and religion can coincide in health care if respected for their own strengths and limitations. I feel that a healthy balance of both can benefit our patients providing different needs when they’re needed. I have seen with my own eyes CRP markers drop in an infant receiving antibiotic treatment and I have also seen an infant that wasn’t supposed to live by scientific probability actually make it and thrive with prayer being the only obvious intervention. So, trying to single out one over the other as more effective than the other seems less beneficial than trying to work them both in when the patient requires such help.
I feel that science is good for some of the more usual cases and things we feel we can help with its information, and I also feel that we can use religion to help a patient with their mental aspects of healing. We can quantify an improvement in a patient through lab levels and such, but it's hard to do the same with religion and how a patient uses that tool as comfort or however they use it in their lives. “Some observational studies suggest that people who have regular spiritual practices tend to live longer. Another study points to a possible mechanism: interleukin (IL)-6. Increased levels of IL-6 are associated with an increased incidence of disease. A research study involving 1700 older adults showed that those who attended church were half as likely to have elevated levels of IL-6. The authors hypothesized that religious commitment may improve stress control by offering better coping mechanisms, richer social support, and the strength of personal values and worldview” (NCBI, 2001). In this example we see the benefits were surveyed to be founded, but the exact workings aren’t exactly known. The great thing about science is that usually we have some tangible results that are repeatable and there’s safety to be found in that. The great thing about religion is that we can have faith in whatever we believe in and that’s all that’s needed. It's our.
1- One of the most difficult challenges leaders face is to integrate.docxjasoninnes20
1- One of the most difficult challenges leaders face is to integrate their task and relationship behaviors. Do you see this as a challenge in your own leadership? How do you integrate task and relationship behaviors?
2- If you were to change in an effort to improve your leadership, what aspect of your style would you change? Would you try to be more task oriented or more relationship oriented?
.
1- Design one assignment of the Word Find (education word) and the o.docxjasoninnes20
1- Design one assignment of the Word Find (education word) and the one of Using Digital Technology in two separate attachments, each named. Note that a sample of each is located in attachment.
2- Read the lecture and post a one-paragraph summary of the lecture. (Graphic organizers).
.
1- This chapter suggests that emotional intelligence is an interpers.docxjasoninnes20
1- This chapter suggests that emotional intelligence is an interpersonal leadership whether you agree or disagree with this assumption. As you think about your own leadership, do emotions help or hinder your role as a leader? Discuss.
2- One unique aspect of leadership skills is that they can be practiced. List and briefly describe three things you could do to improve administrative skills.
.
1-2 pages APA format1. overall purpose of site 2. resources .docxjasoninnes20
1-2 pages APA format
1. overall purpose of site
2. resources available to social workers on the site and
3. how these resources can be specifically used in either the social worker assessment of or the social work intervention with children. Make certain to fully reference the site in a separate page. must include 3 headings that address Each requiremen.
.
1-Define Energy.2- What is Potential energy3- What is K.docxjasoninnes20
1-Define Energy.
2- What is Potential energy?
3- What is Kinetic energy?
4-Define Metabolism and name the two main types of metabolism.
5-Define an Enzyme and name the most important classes of Enzymes.
6- Name the three Metabolic Pathways.
7-What is Aerobic cellular respiration?
8-What is Anaerobic respiration?
9- Define Fermentation.
10.Name the final Products of Anaerobic Respiration.
1. - What is the main function of enzymes in our body?
2. - Please name the 6 types of enzymes:
3. - What is Energy of Activation, for the enzymes?
4. - Factors that affect enzyme activity include:
5. - What is a cofactor:
.
1- Find one quote from chapter 7-9. Explain why this quote stood.docxjasoninnes20
1- Find one quote from chapter 7-9. Explain why this quote stood out to you. What is its importance?
2- Discussion 7-9
1-Share your quote and ideas.
2- “violence is the only lever big enough to move the world”
3-Compare and contrast Elwood and Turner.
4-Why is Turner right? Why is he wrong?
5- Theme. reading vs reals world, inside vs outside, optimism vs pessimism, violence, division of lower class among racial lines.
7- “violence is the only lever big enough to move the world”
.
1-Confucianism2-ShintoChoose one of the religious system.docxjasoninnes20
1-Confucianism
2-Shinto
Choose one of the religious systems above; find some point of interest to discuss (350 wds). You may use your textbook OR any other reputable encyclopedia or source. ALWAYS CITE your source.
To support your response you are required to provide at least one supporting reference with proper citation
.
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
The simplified electron and muon model, Oscillating Spacetime: The Foundation...RitikBhardwaj56
Discover the Simplified Electron and Muon Model: A New Wave-Based Approach to Understanding Particles delves into a groundbreaking theory that presents electrons and muons as rotating soliton waves within oscillating spacetime. Geared towards students, researchers, and science buffs, this book breaks down complex ideas into simple explanations. It covers topics such as electron waves, temporal dynamics, and the implications of this model on particle physics. With clear illustrations and easy-to-follow explanations, readers will gain a new outlook on the universe's fundamental nature.
Biological screening of herbal drugs: Introduction and Need for
Phyto-Pharmacological Screening, New Strategies for evaluating
Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
Safalta Digital marketing institute in Noida, provide complete applications that encompass a huge range of virtual advertising and marketing additives, which includes search engine optimization, virtual communication advertising, pay-per-click on marketing, content material advertising, internet analytics, and greater. These university courses are designed for students who possess a comprehensive understanding of virtual marketing strategies and attributes.Safalta Digital Marketing Institute in Noida is a first choice for young individuals or students who are looking to start their careers in the field of digital advertising. The institute gives specialized courses designed and certification.
for beginners, providing thorough training in areas such as SEO, digital communication marketing, and PPC training in Noida. After finishing the program, students receive the certifications recognised by top different universitie, setting a strong foundation for a successful career in digital marketing.
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
it describes the bony anatomy including the femoral head , acetabulum, labrum . also discusses the capsule , ligaments . muscle that act on the hip joint and the range of motion are outlined. factors affecting hip joint stability and weight transmission through the joint are summarized.
Case Citation Delahanty v. Hinckley, 564 A.2d 758 (D.C. 1989).docx
1. Case Citation: Delahanty v. Hinckley, 564 A.2d 758 (D.C.
1989).
Parties: Thomas and Jean Delahanty, Plaintiffs / Appellants
John Hinckley, Defendant / Appellee
Facts: Thomas Delahanty was seriously injured when John
Hinckley attempted to assassinate
President Ronald Reagan. John Hinckley used a “Saturday
Night Special” in the assassination
attempt that was manufactured by R. G. Industries, a subsidiary
of Roehm.
Procedural History: Appellants filed suit in U.S. District Court
for the District of Columbia
against John Hinkley, R.G. Industries, the gun manufacturer,
Roehm, the manufacturer’s foreign
parent company, and individual officers of Roehm, for injuries
Appellant Thomas Delahanty
suffered when Hinkley attempted to assassinate President
Ronald Reagan. The District Court
dismissed appellants’ complaint against R.G. Industries, Roehm,
and individual officers of
Roehm for failure to state a claim. On appeal, the U.S. Court of
Appeals for the District of
Columbia Circuit certified the question of whether, in the
District of Columbia, “manufacturers
and distributors of Saturday Night Specials may be strictly
liable for injuries arising from these
guns’ criminal use” to the District of Columbia Court of
Appeals.
2. Issues:
Issue 1: Whether, in the District of Columbia, manufacturers
and distributors of Saturday Night
Specials may be held strictly liable for injuries arising from
their criminal use?
Issue 2: Whether established theories of tort law in the District
of Columbia provide a cause of
action against gun manufacturers and distributors for injuries
arising from the guns’ criminal
uses?
Holdings:
Issue 1: No. Manufacturers and distributors of Saturday Night
Specials are not strictly liable for
injuries arising from these guns’ criminal use.
Issue 2: No. Established theories of tort law in the District of
Columbia do not provide a cause
of action against gun manufacturers and distributors for injuries
arising from the guns’ criminal
uses.
Reasoning: Appellants advanced the following three theories in
support of their position:
Issue 1:
a. Strict liability for sale of defective product
3. The court rejected this theory of liability because appellants put
on no evidence that the weapon
Hinkley purchased and later used in the assassination attempt
was in any way defective. Rather,
appellants argued that the manufacturers had a duty to warn of
the dangers of criminal misuse of
the gun. The court found this argument unpersuasive, pointing
out that a manufacturer has no
duty to warn because the dangerous nature of guns self-evident.
b. Strict liability for abnormally dangerous activity
Appellants argued that the manufacturer should be held liable
because the Saturday Night
Special is “inherently and abnormally dangerous with no social
value. The “abnormally
dangerous activity” doctrine had never been applied to gun
manufacturers in the District of
Columbia. The Court rejected this application of the doctrine,
since selling weapons is not an
abnormally dangerous activity “in and of itself.” In response to
appellants’ reliance on Kelly v.
R.G. Industries, 304 Md. 124, 497 A.2d 1143 (1985), the court
stated that it is not just cheap
guns that may potentially by used to commit crimes, and that
the Maryland legislature had
specifically overridden the Kelly decision.
Issue 2:
While the general rule is that no tort liability exists for harm
resulting from the criminal acts of
third parties, an exception sometimes comes in to play when a
4. special relationship exists between
parties. Examples of such “special” relationships include
landlord / tenant, hospital / patient, and
school / student relationships. The court declined to extend this
special relationship status to gun
manufacturers and sellers / gun purchaser, as Appellants neither
argued that any special
relationship existed, nor suggested any way that gun
manufacturers could prevent their gun
purchasers from misusing the purchased gun for criminal acts.
Decision:
Affirmed. The court answered the certified question from the
U.S. Court of Appeals for the
District of Columbia. Traditional tort theories, such as
negligence and strict liability, provide no
basis for holding a gun manufacturer liable for injuries caused
by a buyer of the gun to a third
party.
Comment: This case gives a good example of how appellate
courts may certify issues to other
courts (either lower or in different jurisdictions) for opinions.
In this case, the U.S. Circuit Court
of Appeals for the District of Columbia (federal appellate court)
certified the issue to a
Washington D.C. court because it presented a question of local
law, not federal law.
5. 1
H ow to B r ief a C ase
P r epa r ed for the L egal Studies P rogr am
A me r ican P ublic U nive rsity System
D ecembe r 2013
I ntrodu ction : A case brief is a concise summary of the
significance of a case. It is a bit
like but with very special rules! It is a time-honored practice
used throughout
the legal profession and law schools. As a teaching tool, the
case brief forces the student to
identify and provide a written description of the most important
aspects of a case. Legal
precedent, also known as Stare D ecisis, is a doctrine which
governs much of our legal process.
and the
rationale underlying it ---- that is, how the judges arrived at
their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle
by means of which to analyze
and understand judicial decisions.
A case brie
aspects of a case. A case brief is not an invitation to re-write
the opinion or to paste together
ed on your
6. understanding of the case. Of cour words can be useful, if used
sparingly. A case brief should be concise; it should be no more
than 1-2 pages. There are at least
several different methods or models for writing the case brief;
these are based on personal
preferences. In the Legal Studies Program, however, the
format described here will be used for
all of the case briefs which you are required to write in your
courses. By using this uniform
format, you will gain familiarity with the case analysis and
brief writing process.
opinion, rather than a mere summary. Therefore, the first step
in the brief writing process is
always to thoroughly read the entire case. This includes reading
any concurring and dissenting
opinions of members of the court. In this regard, be very sure
that you are reading the entire
opinion! In some internet based sources, the Syllabus
(headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at
another link, etc. You need to read all
portions of the opinion as all of them are relevant to your
analysis of the case. For example, if
there are strong dissenting opinions based on key legal points,
this could predict what the court
might decide in the future on similar issues.
1. C ase N ame and C itation: As a header on the first page of
your brief, you should state
citation to the case. (See Bluebook resources in the APUS
library for more information about
7. Bluebook format.) It is essential that the reader of your case
brief know who initiated the
litigation and who appealed. For example, in the sample case
brief of the D elahanty case (see
accompanying materials), Thomas and Jean Delahanty are
clearly identified as the plaintiffs
(parties who initiated the litigation) and as appellants (parties
who sought appellate review of the
2
legal reporter in which the opinion is found, the volume and
page on which the case appears, and
the year in which the case was decided.
2. F acts: The Facts section is a short synopsis of the most
important facts of the case.
on of the court. Your
facts which were analyzed by the court. Although other factual
details might be interesting, only
include them if they give the reader t
include the nature of the lawsuit and the parties in the lawsuit.
The goal in the Facts section is to
would understand the facts of the case.
3. Proc edu ral H istory: The Procedural History section is a
summary of previous
8. proceedings between the parties from the time the case was
initially filed to the present. This is
important because most reported cases are appellate cases in
which a previous decision was
rendered in a trial court. It is essential that you understand how
the case arrived in the court, the
opinion of which you are briefing. Indeed, in many case brief
assignments, you will brief an
Opinion of the United States Supreme Court; in those instances,
the case will likely have been in
several different courts previously.
that you understand that the losing party appeals to the next
level of court.
The D elahanty case is an example of a somewhat unusual case,
but the unusual nature of
the case is a good illustration of why the Procedural History of
the case is so important. The
civil lawsuit was filed by the Delahantys in federal court
(United States District Court in the
District of Columbia). Their case was dismissed and they
appealed to the next level of federal
court (the United States Court of Appeals for the District of
Columbia Circuit). That federal
appellate court needed to obtain the view of the court in the
applicable local jurisdiction (the
District of Columbia) on a specific legal question. In order to
obtain that view, the federal
about the opinion which was rendered by the local court, the
District of Columbia Court of
Appeals.
4. Issue(s): The issue should be a yes/no question which
identifies the specific question
the court must decide in order to rule in the case.
9. distributors of Saturday Night Specials strictly liable for
injuries arising from their criminal use
There may be more than one main issue that the court must
decide.
If there are multiple issues, the issues should be set forth in a
number f
etc.
5. H olding(s):The Holding section succinctly states how the
court answered the issues
presented. Typically it includes a yes/no answer followed by
the issue presented written in an
answer format. It includes the legal principle relied on by the
court. If there are multiple issues,
there must be a corresponding number of holdings.
3
6. R easoning: This is a very important part of the brief. The
Reasoning section
describes why and how the court reached its holding in the case.
This may include an
application or revision of pre-existing legal principles, policy
reasons and/or negative effects
resulting from a different court ruling. If there are both a
majority and dissenting opinion issued
10. analyses. Likewise, if there is a concurring opinion, a brief
description should be included in an
additional subsection. If there are multiple issues, there must
be a corresponding number of sub-
sections within the Reasoning section.
7. D ecision: This section gives the Judgment rendered by the
court. Describe the final
it for additional proceedings?
8. C omments: Is there anything else that should be mentioned
about this case? Is it a
in the sense that the court significantly changed the law
concerned a particular
For example, in the D elahanty sample brief, a useful comment
would be that the case is a
good example of how appellate courts certify issues to other
courts in order to obtain the legal
opinion of the other court on a particular issue.
Powered by iRubricLegal Studies Case Brief
100 %
Exemplary
11. 4 pts
Accomplished
3.4 pts
Developing
3 pts
Beginning
2.6 pts
Did not attempt
0 pts
Case Name & Case
Citation
5 % Complete identification
of case name and the parties
to the case.
Exemplary
Case name is correctly
stated and parties correctly
identified by name and by
their role in the litigation;
citation to the case itself is
complete and accurate and
comports with Bluebook
format.
Accomplished
Case name is present and
parties are identified;
citation to the case is
12. given; jurisdiction is
evident; errors are
minimal.
Developing
The Opinion can be located
based on the information
provided and the court
which rendered it can be
discerned, but elements of
the case name and/or
citation are missing.
Beginning
The Opinion cannot be
accurately identified based
on the information given
and/or the parties’ role in
the litigation cannot be
discerned.
Did not attempt
The required element does
not exist in the brief or is
unrecognizable in the brief.
Facts
10 % Key/relevant facts are
fully provided and easily
understandable.
Exemplary
13. All key/relevant facts are
provided; additional facts
provided only as necessary
for the reader to
understand the decision
and the court’s analysis;
facts are presented clearly
and concisely and without
error or confusion.
Accomplished
Most key/relevant facts are
provided; irrelevant facts
are omitted; statement of
facts is understandable to
the reader.
Developing
Important facts are missing
and/or unnecessary detail
is included; reader is
confused by the
presentation.
Beginning
Factual statement is
incomplete or erroneous,
rendering the brief
unusable to the reader, at
least in part.
Did not attempt
14. The required element does
not exist in the brief or is
unrecognizable in the brief.
Procedural Posture
10 % Demonstrated all
essential information dealing
with the history of the case.
Exemplary
All essential information
concerning the history of
the case (origin, sequence
of case events in various
courts, and current
posture) is included;
courts’ names,
jurisdictions, and actions
are provided and are
accurate.
Accomplished
The history of the case
(where it started and how
it came to this court) is
presented with minimal
errors in sequence or
process.
Developing
Gaps in the history of the
case or errors in case
sequence or case events
15. exist.
Beginning
Procedural history does not
enable the reader to
understand the history of
the case and/or how it
arrived in this court.
Did not attempt
The required element does
not exist in the brief or is
unrecognizable in the brief.
Issue
10 % Proper statement and
framing of the legal
question/s.
Exemplary
The legal question or
questions before this court
are correctly and succinctly
stated and the Issue if
framed in terms of a
question.
Accomplished
The legal question is
presented accurately, but
lacking in precision and/or
is not framed as a
16. question.
Developing
The legal issue is identified
as a general topic and/or is
stated in an overly broad
manner; precision is
lacking.
Beginning
The legal issue is
incorrectly stated.
Did not attempt
The required element does
not exist in the brief or is
unrecognizable in the brief.
Holding
5 % Full restatement of the
court's resolution.
Exemplary
The court’s resolution of
the legal issue is correctly
and succinctly stated and is
not confused with the
Judgment or procedural
disposition of the case;
Issue and Holding “match”.
Accomplished
17. The court’s resolution of
the legal issue is accurate
but is lacking in precision.
Developing
The court’s resolution of
the legal issue is overly
broad or is inaccurate in
some regard.
Beginning
The court’s resolution of
the legal issue is incorrectly
presented and/or the
Holding of a different court
is presented, thus
presenting an inaccurate
picture of this court’s
decision.
Did not attempt
The required element does
not exist in the brief or is
unrecognizable in the brief.
Judgment/Disposition
5 % Complete restatement
of the court's disposition.
Exemplary
The disposition of the case
18. and the relief, if any,
granted by the court is
accurately and clearly
stated.
Accomplished
The disposition of the case
is accurately stated, but
lacks precision.
Developing
The disposition of the case
can be discerned but is
unclear to the reader.
Beginning
The disposition of the case
is erroneously presented.
Did not attempt
The required element does
not exist in the brief or is
unrecognizable in the brief.
Rationale/Analysis
25 % Thorough explanation
of how the court reached its
holding.
Exemplary
The court’s reasoning,
19. analysis, and rationale are
presented in a complete,
succinct, and
understandable manner. All
relevant considerations are
included.
Accomplished
The court’s reasoning and
rationale are accurately
presented; some analytical
detail may be missing, but
there are no errors.
Developing
The court’s reasoning is
presented in only general
terms which are not
instructive to the reader.
Beginning
The court’s reasoning is
erroneously presented,
thereby misleading the
reader.
Did not attempt
The required element does
not exist in the brief or is
unrecognizable in the brief.
20. Dissent/Comment
/Significance/Impact
10 % Identification and
presentation of additional
information that is needed to
present a complete picture
of the case.
Exemplary
The student made a correct
decision concerning
whether there is additional
information or commentary
which should be conveyed
to the reader, including
information about a
Dissenting opinion; the
information is conveyed in
a clear and accurate
manner. Impact on society,
if any, is conveyed.
Accomplished
The student correctly noted
the existence of a
Dissenting opinion, if any,
and accurately described it;
information/comments, if
any, relate to the opinion in
a logical manner.
Developing
21. The student noted a
Dissent and/or the
significance of the case but
described same in an
unclear manner.
Beginning
The student failed to
present necessary
information about a Dissent
or about the significance of
the case or presented same
in an inaccurate or
misleading manner.
Did not attempt
The required element does
not exist in the brief or is
unrecognizable in the brief.
Writing Standards
10 % Demonstrate the
correct usage of grammar,
spelling, and writing
techniques.
Exemplary
Student demonstrates
consistent and correct use
of the rules of grammar
usage, punctuation, and
spelling. Language is clear
and precise. Sentences
22. display consistently strong,
varied structure. Headings
are used and correspond to
the required elements of
the case brief.
Accomplished
Student demonstrates
consistent and correct use
of the rules of grammar
usage, punctuation and
spelling, with a few minor
errors. Headings are used
and correspond to the
required elements of the
case brief.
Developing
Paper contains several
grammatical, punctuation,
and/or spelling errors.
Language lacks clarity or
includes some use of
jargon and /or
conversational tone. Some
headings are missing or fail
to correspond to the
required elements of the
case brief.
Beginning
Paper contains numerous
grammatical, punctuation,
23. and spelling errors.
Language uses jargon or
conversational tone; OR
brief fails to use Headings.
Did not attempt
The required element does
not exist in the brief or is
unrecognizable in the brief.
Citation of Sources
10 % Proper usage of the
BlueBook citation style.
Exemplary
Student accurately quotes,
paraphrases, and cites
information in ways that
are true to the original
context with no errors.
Accomplished
Student quotes,
paraphrases and cites
information correctly and
consistently, using
information in ways that
are true to the original
context, with minimal
errors.
Developing
24. Student quotes,
paraphrases and cites
information mostly
correctly and consistently,
in ways that are largely
true to the original context.
Beginning
Student quotes,
paraphrases and cites
information but may have
many errors of use the
information out of context.
Did not attempt
The required element does
not exist in the brief or is
unrecognizable in the brief.
Page
1 of 1 DOCUMENT
UNIVERSITY OF TEXAS AT ARLINGTON, PETITIONER, v.
SANDRA WILLIAMS AND STEVE WILLIAMS,
RESPONDENTS
NO. 13-0338
SUPREME COURT OF TEXAS
25. 459 S.W.3d 48; 2015 Tex. LEXIS 268; 58 Tex. Sup. J. 514
October 9, 2014, Argued
March 20, 2015, Opinion Delivered
PRIOR HISTORY: [**1] ON PETITION FOR REVIEW FROM
THE COURT OF APPEALS FOR THE SECOND DISTRICT OF
TEXAS.
Univ. of Tex. at Arlington v. Williams, 455 S.W.3d 640, 2013
Tex. App. LEXIS 3985 (Tex. App. Fort Worth, Mar. 28, 2013)
CASE SUMMARY:
OVERVIEW: HOLDINGS: [1]-The recreational use statute,
Tex. Civ. Prac. & Rem. Code Ann. §§ 75.001-75.007, did not
bar the spectator's underlying premises liability action after she
fell at a college stadium because the activity of being a
spectator at a competitive-sports event was too dissimilar to the
others on the list under Tex. Civ. Prac. & Rem. Code Ann. §
75.001(3), to be included and thus, it was not "recreation" under
the statute; [2]-Although soccer might be played in an open-air
stadium, a soccer game, as ordinarily understood, was not
associated with nature in the sense indicated by the statutory
definition of "recreation." Because the outdoors and nature were
not integral to the enjoyment of this activity and because the
activity was unlike the others the statute uses to define
"recreation," § 75.001(3)(L), the so-called "catch-all", did not
catch that activity.
OUTCOME: Judgment affirmed.
CORE TERMS: recreational use, outdoor, sport, recreation,
stadium, enjoying, plurality, recreational activity, competitive,
soccer, spectator, immunity, daughter's, recreational,
26. playground, enjoyment, catchall, playing, team, spectating,
swimming, gate, Tex Gen Laws, camping, outdoor activities,
landowner, boating, driving, governmental unit, fishing
LexisNexis(R) Headnotes
Torts > Premises Liability & Property > General Premises
Liability > Premises > Recreational Facilities > Recreational
Use Statutes
[HN1] The recreational use statute, Tex. Civ. Prac. & Rem.
Code Ann. §§ 75.001-75.007, provides limited protection to
landowners and occupants who open their property for public
recreational purposes. When applicable, the statute effectively
immunizes the landowner or occupant from ordinary negligence
claims associated with the property's recreational use by
requiring the plaintiff to establish gross negligence, Tex. Civ.
Prac. & Rem. Code Ann. § 75.002(c)-(d), (f). The statute,
however, only applies to certain recreational uses that it defines
through a list of activities it considers to be recreation, Tex.
Civ. Prac. & Rem. Code Ann. § 75.001(3).
Torts > Premises Liability & Property > General Premises
Liability > Premises > Recreational Facilities > Recreational
Use Statutes
[HN2] Tex. Civ. Prac. & Rem. Code Ann. §§ 75.003(g) and
101.058 provide that, to the extent the recreational use statute,
Tex. Civ. Prac. & Rem. Code Ann. §§ 75.001-75.007, applies, it
controls over the Tort Claims Act.
Torts > Premises Liability & Property > General Premises
Liability > Premises > Recreational Facilities > Recreational
Use Statutes
[HN3] When applicable, the recreational use statute limits the
liability of landowners by requiring proof of their gross
negligence, malicious intent, or bad faith in the premises
liability case, Tex. Civ. Prac. & Rem. Code Ann. § 75.002(d).
27. Civil Procedure > Appeals > Appellate Jurisdiction >
Interlocutory Orders
[HN4] Interlocutory appeals are generally final in the court of
appeals unless there is a dissent in that court or a conflict with
another decision, Tex. Gov't Code Ann. §§ 22.001(a)(2),
22.225(b)(3), (c).
Governments > Courts > Judicial Precedents
[HN5] Decisions conflict when there is an inconsistency in the
respective decisions that should be clarified to remove
unnecessary uncertainty in the law and unfairness to litigants,
Tex. Gov't Code Ann. § 22.225(e).
Torts > Premises Liability & Property > General Premises
Liability > Premises > Recreational Facilities > Recreational
Use Statutes
[HN6] The recreational use statute, Tex. Civ. Prac. & Rem.
Code Ann. §§ 75.001-75.007, protects landowners who open
property for recreational purposes, limiting their liability to the
recreational user. The statute accomplishes this by elevating the
burden of proof in premises liability cases in which it applies.
The statute effectively requires either gross negligence or an
intent to injure. The statute, however, only applies to
recreational uses, which the statute defines through a non-
exclusive list of included activities.
Torts > Premises Liability & Property > General Premises
Liability > Premises > Recreational Facilities > Recreational
Use Statutes
[HN7] See Tex. Civ. Prac. & Rem. Code Ann. § 75.001(3).
Governments > Legislation > Interpretation
[HN8] General terms and phrases should be limited to matters
similar in type to those specifically enumerated. When words of
a general nature are used in connection with the designation of
28. particular objects or classes of persons or things, the meaning
of the general words will be restricted to the particular
designation. In a similar vein, context is fundamental to
understanding the use of language and that meaning cannot
ordinarily be drawn from isolated words or phrases but must
typically be determined from statutory context. Courts are also
typically inclined to apply a term's common meaning unless a
contrary intention is apparent from the statute's context.
Governments > Legislation > Interpretation
Torts > Premises Liability & Property > General Premises
Liability > Premises > Recreational Facilities > Recreational
Use Statutes
[HN9] The Legislature did not provide that the recreational use
statute, Tex. Civ. Prac. & Rem. Code Ann. §§ 75.001-75.007,
was to cover recreation generally but rather defined the term
through the list of included activities under Tex. Civ. Prac. &
Rem. Code Ann. § 75.001(3). Although the Legislature has
broadened the statute's reach over the years, it has not made it
generally applicable to all refreshing, relaxing, or enjoyable
activities. "Recreation" under the statute has remained more
specific than the word's ordinary meaning.
Torts > Premises Liability & Property > General Premises
Liability > Premises > Recreational Facilities > Recreational
Use Statutes
[HN10] Under the recreational use statute, Tex. Civ. Prac. &
Rem. Code Ann. §§ 75.001-75.007, there was nothing illogical
about the Legislature's decision to include bird-watching as a
covered recreational activity, but not spectating at outdoor
sports stadiums. A landowner who allows a person to bird-watch
opens his property for use in its natural state. The landowner
does not build a stadium or otherwise make improvements for
that purpose as in the case of organized-sporting activity.
Torts > Premises Liability & Property > General Premises
29. Liability > Premises > Recreational Facilities > Recreational
Use Statutes
[HN11] If the Legislature intended for the recreational use
statute, Tex. Civ. Prac. & Rem. Code Ann. §§ 75.001-75.007, to
apply generally to competitive sports and their spectators, the
catchall provision is a curious choice as it apparently applies to
some competitions but not others, that is, those played in open-
air stadiums instead of enclosed facilities. It is apparent from
the statute's development that Tex. Civ. Prac. & Rem. Code
Ann. § 75.001(3)(L) "catchall" was not intended simply to
incorporate all other outdoor activities into the statute. Had that
been the Legislature's intent, it would not have continued to add
specific outdoor activities after adding the "catchall" in 1997.
But § 75.001(3)(L) must catch some unlisted activities;
otherwise, it would have no purpose.
Torts > Premises Liability & Property > General Premises
Liability > Premises > Recreational Facilities > Recreational
Use Statutes
Governments > Legislation > Interpretation
[HN12] The meaning of individual words may be ascertained by
reference to words associated with them in the statute. Where
two or more words of analogous meaning, such as "nature" and
"the outdoors", are employed together in a statute, they are
understood to be used in their cognate sense, to express the
same relations and give color and expression to each other.
Because of its association with nature, "enjoying the outdoors"
cannot include every enjoyable outside activity. It must also be
associated with nature, or "that part of the physical world that is
removed from human habitation." In this sense, the "outdoors"
is not integral to the enjoyment of competitive sports because
the focus of that activity is the competition itself, not where the
competition takes place.
Governments > Legislation > Interpretation
Torts > Premises Liability & Property > General Premises
30. Liability > Premises > Recreational Facilities > Recreational
Use Statutes
[HN13] Although soccer may be played in an open-air stadium,
a soccer game, as ordinarily understood, is not associated with
nature in the sense indicated by the statutory definition of
"recreation." Because the outdoors and nature are not integral to
the enjoyment of this activity and because the activity is unlike
the others the statute uses to define "recreation," Tex. Civ. Prac.
& Rem. Code Ann. § 75.001(3)(L), the so-called "catch-all",
does not catch this activity.
Torts > Premises Liability & Property > General Premises
Liability > Premises > Recreational Facilities > Recreational
Use Statutes
[HN14] The Texas statute mentions only "water sports" among
its list of recreational activities, Tex. Civ. Prac. & Rem. Code
Ann. § 75.001(3)(K). The only other part of the statute that
arguably associates recreational activity with any type of
competitive sport is Tex. Civ. Prac. & Rem. Code Ann. §
75.002(e), which adds adds certain hockey and skating
activities, as well as soap box derby and paintball uses as
recreational activities if the activities take place on premises
owned, operated, or maintained by a governmental unit.
Torts > Premises Liability & Property > General Premises
Liability > Premises > Recreational Facilities > Recreational
Use Statutes
[HN15] See Tex. Civ. Prac. & Rem. Code Ann. § 75.002(e).
Torts > Premises Liability & Property > General Premises
Liability > Premises > Recreational Facilities > Recreational
Use Statutes
[HN16] None of the amendments in the recreational use statute,
Tex. Civ. Prac. & Rem. Code Ann. §§ 75.001-75.007, suggest
that the Legislature intended to include competitive sports and
spectating as recreational activities under the statute.
31. COUNSEL: Amicus Curiae for Texas City Attorneys
Association, Texas Municipal League: Laura F. Mueller, Texas
Municipal League, Austin, TX.
For University of Texas at Arlington, Petitioner: Arthur
Cleveland D'Andrea, Assistant Solicitor General, Austin, TX;
Daniel T. Hodge, First Assistant Attorney General, Austin, TX;
Dustin Mark Howell, Office of the Attorney General of Texas,
Austin, TX; Greg W. Abbott, Attorney General of Texas,
Austin, TX; Jonathan F. Mitchell, Solicitor General, Office of
the Attorney General, Austin, TX; Kevin Desiderio Molina,
Attorney General's Office, Tort Litigation Division, Austin, TX.
For Sandra Williams, Steve Williams, Respondent: Christopher
J. Harris, David Lee Cook, Kimberly Fitzpatrick, Harris Cook
LLP, Arlington, TX.
JUDGES: JUSTICE DEVINE announced the judgment of the
Court and delivered an opinion, in which CHIEF JUSTICE
HECHT, JUSTICE GREEN, and JUSTICE LEHRMANN joined.
JUSTICE GUZMAN filed a concurring opinion, in which
JUSTICE WILLETT joined. JUSTICE BOYD filed a concurring
opinion. JUSTICE JOHNSON filed an opinion, concurring in
part and dissenting in part, in which JUSTICE BROWN joined.
OPINION BY: John P. Devine
OPINION
[*49] [HN1] The recreational use statute provides limited
protection to landowners and occupants who open their property
for public recreational purposes. See Tex. Civ. Prac. & Rem.
Code §§ 75.001-.007 (the recreational use statute). When
applicable, the statute effectively immunizes the landowner or
occupant from ordinary negligence claims associated with the
32. property's recreational use by requiring the plaintiff to establish
gross negligence. See id. § 75.002(c)-(d), (f). The statute,
however, only applies to certain recreational uses that it defines
through a list of activities it considers to be "recreation." Id. §
75.001(3).
The question here is whether the statute's recreational-activity
list reasonably includes a spectator at a competitive-sports
event. The court of appeals [**2] concluded that this activity
was too dissimilar to the others on the list to be included and
accordingly held it was not "recreation" under the statute.455
S.W.3d 640, 648, 2013 Tex. App. LEXIS 3985 (Tex. App.--Fort
Worth 2013) (mem. op.). We agree. Although members of this
Court have different views on the nature of the injury-producing
activity in this case, we agree that the recreational use statute
does not bar the underlying action. The court of appeals'
judgment is accordingly affirmed.
I
Sandra Williams and her husband sued the University of Texas
at Arlington (UTA) for injuries Williams sustained when she
fell at Maverick Stadium. The stadium is a 12,500 seat,
multipurpose facility located on the western edge of the UTA
campus. It served as UTA's football stadium through the 1985
season, after which the university gave up its football program.
The stadium is now used by the university's track-and-field
teams and is also leased to the Arlington Independent School
District for football games and other events. The Williamses
were at the stadium to watch their daughter's high school soccer
game.
[*50] After the game, Williams walked down the stadium stairs
to wait for her daughter, stopping at a guard rail that separates
the stands from the playing field. The [**3] stands are elevated
above the field, but a gate in the railing provides access to the
field when portable stairs are in place. On this occasion, the
stairs were not there, and the gate was closed.
The gate's latch had previously broken off, but the gate was
33. secured with a chain and padlock. While waiting for her
daughter, Williams leaned against this gate, which unexpectedly
opened. Williams fell five feet to the artificial-turf field below,
injuring a rib and her left arm.
In her premises liability suit against the university, Williams
alleged that UTA was negligent and grossly negligent in
securing the gate with a chain and lock it knew to be
inadequate, and in failing to maintain the gate and repair its
broken latch. UTA responded with a general denial, a plea to
the jurisdiction, and a motion to dismiss, asserting sovereign
immunity and the recreational use statute. See Tex. Civ. Prac. &
Rem. Code §§ 75.003(g), 101.058 ( [HN2] providing that to the
extent the recreational use statute applies, it controls over the
Tort Claims Act).
Williams argued that the recreational use statute did not apply
because she was not engaged in a recreational activity at the
time of the accident. In the alternative, she argued [**4] that, if
the statute applied, UTA's plea and motion to dismiss should
still be denied because she had raised a fact question regarding
UTA's gross negligence. [HN3] When applicable, the
recreational use statute limits the liability of landowners by
requiring proof of their gross negligence, malicious intent, or
bad faith in the premises liability case. Tex. Civ. Prac. & Rem.
Code § 75.002(d).
The trial court denied UTA's plea and motion, apparently
agreeing with Williams' arguments. The court of appeals
affirmed.455 S.W.3d 642, 2013 Tex. App. LEXIS 3985. UTA
appealed. We granted UTA's petition to consider whether
attending a soccer game as a spectator is a recreational activity
under the recreational use statute.
II
We begin, however, with our own jurisdiction, which is limited
when the appeal is from an interlocutory order, such as the trial
court's order here denying UTA's plea to the jurisdiction. UTA,
a state university, argues that we have jurisdiction under section
34. 51.014(a)(8) of the Civil Practice and Remedies Code, which
authorizes an interlocutory appeal from the grant or denial of "a
plea to the jurisdiction by a governmental unit" such as UTA.
[HN4] Interlocutory appeals, however, are generally final in the
court of appeals unless there is a dissent in that court or a
conflict with another decision. [**5]See Stephen F. Austin State
Univ. v. Flynn, 228 S.W.3d 653, 656 (Tex. 2007); see also Tex.
Gov'T Code §§ 22.001(a)(2), 22.225(b)(3), (c).
UTA argues that the court of appeals' decision here conflicts
with one of our prior decisions. See City of Bellmead v. Torres,
89 S.W.3d 611 (Tex. 2002). In City of Bellmead, we concluded
that the recreational use statute applied to the user of
playground equipment in a city park because the activity was of
a type that the Legislature intended to include as recreation. Id.
at 615. UTA argues that the users of stadiums and sports fields
are similarly engaged in recreation under the statute and that the
court of appeals' determination to the contrary is in conflict
with City of Bellmead. UTA further points out that the court of
appeals' decision here conflicts with another court of appeals'
decision, which applied the recreational use statute to a
spectator at a baseball game. See Sam Houston State [*51]
Univ. v. Anderson, No. 10-07-00403-CV, 2008 Tex. App.
LEXIS 8614, 2008 WL 4901233, at *3 (Tex. App.--Waco Nov.
12, 2008, no pet.) (mem. op.) (concluding that statute applied to
a spectator whose arm was broken when the bleachers collapsed
during a baseball game).
[HN5] Decisions conflict when there is an "inconsistency in
[the] respective decisions that should be clarified to remove
unnecessary uncertainty in the law and unfairness to litigants."
Tex. Gov'T Code § 22.225(e). The conflict here satisfies that
definition and thus supports our [**6] jurisdiction. We turn
then to the recreational use statute and the question presented:
whether a spectator at a competitive-sports event is engaged in
"recreation" under the recreational use statute.
III
35. [HN6] The recreational use statute protects landowners who
open property for recreational purposes, limiting their liability
to the recreational user. State v. Shumake, 199 S.W.3d 279, 284
(Tex. 2006). The statute accomplishes this by elevating the
burden of proof in premises liability cases in which it applies.
See Stephen F. Austin State Univ., 228 S.W.3d at 659 (noting
that the statute "effectively requires . . . either gross negligence
or an intent to injure"). The statute, however, only applies to
recreational uses, which the statute defines through a non-
exclusive list of included activities. Under the statute,
[HN7] "Recreation" means an activity such as:
(A) hunting;
(B) fishing;
(C) swimming;
(D) boating;
(E) camping;
(F) picnicking;
(G) hiking;
(H) pleasure driving, including off-road motorcycling and off-
road automobile driving and the use of all-terrain vehicles;
(I) nature study, including bird-watching;
(J) cave exploration;
(K) waterskiing and other water sports;
(L) any other activity associated with enjoying nature or the
outdoors;
(M) bicycling and mountain biking;
(N) disc golf;
(O) on-leash [**7] and off-leash walking of dogs; or
(P) radio control flying and related activities.
Tex. Civ. Prac. & Rem. Code § 75.001(3) (emphasis added).
The issue in this case is whether the statutory term "recreation"
reasonably includes competitive sports and their spectators. We
did not answer that question in City of Bellmead v. Torres. See
89 S.W.3d at 614 (declining to decide whether "softball is . . .
36. recreation within the meaning of the Statute"). We did,
however, apply subpart (L) in that case to enlarge the statutory
list to include an omitted activity. Id. at 615. Because
competitive team sports--like soccer--and spectating are also
omitted from the recreational-activities list, the focus again is
on subpart (L)'s "any other activity associated with enjoying
nature or the outdoors."
As mentioned, we did not decide whether playing or watching
softball was "recreation" in City of Bellmead. The court of
appeals there, however, considered the issue and decided it was
not under the statute. Torres v. City of Bellmead, 40 S.W.3d
662, 664-65 (Tex. App.--Waco 2001), rev'd on other grounds,
89 S.W.3d 611 (Tex. 2002). Although Torres had gone to the
city's softball complex to play softball, we declined to consider
her purpose for [*52] entering the park, reasoning that her
purpose for entry did not control the statute's application. City
of Bellmead, 89 S.W.3d at 614 [**8] . Instead of softball, we
focused on Torres' use of a swing set in the park because that
was the activity that led to her injury. Id. In reversing the court
of appeals, we reasoned that the use of playground equipment,
although not specifically included in the statutory list as a
recreational activity, was nevertheless covered as "the type of
activity 'associated with enjoying . . . the outdoors'" under
subpart (L). Id. at 615 (quoting Tex. Civ. Prac. & Rem. Code §
75.001(3)(L)).
UTA argues that Williams was also engaged in recreation at the
time of her accident because her attendance at the soccer game
was similarly an "activity associated with enjoying nature or the
outdoors." Tex. Civ. Prac. & Rem. Code § 75.001(3)(L). UTA
describes subpart (L) as a "broad catchall provision" sufficient
to include spectators in stadiums who watch competitive-sports
events.
Williams responds that subpart (L) is not so broad. She argues
that the meaning of "any other activity associated with enjoying
nature or the outdoors" is informed by the other listed activities
and that none of these are similar to watching competitive
37. sports at a large, multipurpose stadium. Underpinning Williams'
argument is the principle of ejusdem generis.
That principle is a familiar canon of statutory construction,
which provides that [HN8] general terms and phrases should be
limited to matters similar in type to those specifically
enumerated. City of Houston v. Bates, 406 S.W.3d 539, 545
(Tex. 2013); see also Hilco Elec. Coop. v. Midlothian Butane
Gas Co., 111 S.W.3d 75, 81 (Tex. 2003) (noting that "when
words of a general nature are used in connection with the
designation of particular objects [**9] or classes of persons or
things, the meaning of the general words will be restricted to
the particular designation"). In a similar vein, we have noted
that context is fundamental to understanding the use of language
and that meaning cannot ordinarily be drawn from isolated
words or phrases but must typically be determined from
statutory context. TGS-NOPEC Geophysical Co. v. Combs, 340
S.W.3d 432, 439 (Tex. 2011).
We are also "typically inclined to apply a term's common
meaning [unless] a contrary intention is apparent from the
statute's context." Bates, 406 S.W.3d at 544. Were we to apply
recreation's ordinary meaning here, we would unquestionably
include competitive team sports and spectators within its scope.
See, e.g., Webster'S Ninth New Collegiate Dictionary 985
(1984) (defining "recreation" generally as refreshment from
work or a diversion; in other words, something done to relax or
have fun). But [HN9] the Legislature did not provide that the
statute was to cover recreation generally but rather defined the
term through section 75.001(3)'s list of included activities. And
although the Legislature has broadened the statute's reach over
the years, it has not made it generally applicable to all
refreshing, relaxing, or enjoyable activities. "Recreation" under
the statute has remained more specific [**10] than the word's
ordinary meaning.
When first enacted in 1965, the Legislature limited the statute
to hunting, fishing, or camping on private property.1 Over the
last fifty years, the Legislature has added to the recreational-
38. activities list, but as a class these activities have generally
remained consistent. For example, the list [*53] was enlarged
in 1981 to include "activities such as hunting, fishing,
swimming, boating, camping, picnicking, hiking, pleasure
driving, nature study, water skiing and water sports."2 An
accompanying bill analysis explained that the statute's "original
purpose" had been "to keep private land open for hunting,
fishing, and camping" but that "many other recreational
activities [had] gained popularity" since the law's original
enactment, "such as water skiing and cross-country hiking,
which require wide open spaces or lakes and streams that may
not be available in public parks or preserves near urban
centers."3 The analysis concluded that expanding the list of
activities "would encourage owners to open more land for such
uses."4
1 See Act of May 29, 1965, 59th Leg., R.S., ch. 677, § 1, 1965
Tex. Gen. Laws 1551 (protecting "any owner, lessee or
occupant of real property giv[ing] permission [**11] to another
to enter the premises for purposes of hunting, fishing and/or
camping").
2 See Act of May 30, 1981, 67th Leg., R.S., ch. 349, § 2, sec.
6(b), 1981 Tex. Gen. Laws 934.
3 House Study Group, Bill Analysis, Tex. H.B. 749, 67th Leg.,
R.S. (1981).
4 Id.
For the next fifteen years, the recreational-activities list
remained relatively unchanged. During this period, the statute
was recodified as chapter 75 of the Civil Practice and Remedies
Code,5 and in 1995 it was amended to extend its protection to
publicly held land.6
39. 5 Act of May 17, 1985, 69th Leg., R.S., ch. 959, § 1, sec.
75.001-.003, 1985 Tex. Gen. Laws 3242, 3299.
6 Act of May 26, 1995, 74th Leg., R.S., ch. 520, § 2, 1995 Tex.
Gen. Laws 3276; see also Tex. Civ. Prac. & Rem. Code §
75.003(e) (noting chapter 75's general application to the
government); Shumake, 199 S.W.3d at 284 (noting statute's
application to both public and private land).
What UTA refers to as the "catchall" provision was added in
1997.7 The recreational-activities list was amended that year to
include "bird watching and any other activity associated with
enjoying nature or the outdoors."8 Bird-watching was added to
subpart (I)'s nature-study provision, while the "catchall" was
added at the list's end as subpart (L). See Tex. Civ. Prac. &
Rem. Code [**12] § 75.001(3)(I), (L). In 2005, more activities
were added.9 Bicycling and mountain biking, disc golf, and dog
walking joined the list, following the "catchall" provision as
subparts (M), (N), and (O). See id. § 75.001(3)(M)-(O). Off-
road motorcycling, off-road automobile driving, and the use of
all-terrain vehicles were also added that year, grouped together
with an existing subpart that identified pleasure driving as a
recreational activity. See id. § 75.001(3)(H). Two years later,
radio controlled flying and related activities were added.10 See
id. § 75.001(3)(P).
7 Act of April 24, 1997, 75th Leg., R.S., ch. 56, § 1, 1997 Tex.
Gen. Laws 123, 124.
8 See House Comm. on Civil Practices, Bill Analysis, Tex. H.B.
2664, 75th Leg., R.S. (1997).
9 Act of May 27, 2005, 79th Leg., R.S., ch. 932, § 1, 2005 Tex.
40. Gen. Laws 3178.
10 Act of May 23, 2007, 80th Leg., R.S., ch. 659, § 1, 2007
Tex. Gen. Laws 1235.
Justice Johnson argues that the 1997 amendments, which added
both bird-watching and the catchall provision to the statute's
recreational-activities list, enlarged the statute's reach to
outdoor sports and spectating because each is an "activity
associated with enjoying nature or the outdoors." S.W.3d at
(Johnson, J., concurring and dissenting) (quoting Tex. Civ.
Prac. & Rem. Code § 75.001(3)(L)). This amendment, [**13]
according to JUSTICE JOHNSON's writing, expanded statutory
"recreation" to include enjoyable outdoor activities, irrespective
of their connection to the more specific activities listed in the
statute. Principles of ejusdem generis, however, counsel that a
general or [*54] broad provision included within a more
specific list should be read in context and limited to matters
similar in type to those specifically enumerated. Bates, 406
S.W.3d at 545. Although Justice Johnson's writing correctly
observes that the statute's list of recreational activities is non-
exclusive, he nevertheless reads the statute's "catchall"
provision as far too inclusive. Subpart (L) does not "catch" an
activity simply because it occurs outside.
Justice Johnson further finds it illogical that the recreational
use statute should cover bird-watchers without including sports
spectators. But even bird-watching was arguably not a
recreational activity under the statute until 1997, when it was
expressly added to the existing nature-study activity.11 [HN10]
We see nothing illogical about the Legislature's decision to
include bird-watching as a covered recreational activity, but not
spectating at outdoor sports stadiums. A landowner who allows
a person to [**14] bird-watch opens his property for use in its
natural state. The landowner does not build a stadium or
otherwise make improvements for that purpose as in the case of
organized-sporting activity.
41. 11 Act of April 24, 1997, 75th Leg., R.S., ch. 56, § 1, 1997 Tex.
Gen. Laws 123, 124 (amending "nature study" to include "bird-
watching").
Justice Johnson argues, however, that the statute does not limit
itself to natural conditions and therefore must also apply to
improvements, such as the 12,500-seat stadium here. S.W.3d
at . But subpart (L), the provision he relies on to draw this
stadium into the Act, refers to activities associated with the
enjoyment of nature or the outdoors. "Nature" and the
"outdoors" are synonyms, descriptive of "that part of the
physical world that is removed from human habitation." The
Merriam-Webster Thesaurus 472 (2005). Gathering together in a
stadium to cheer a soccer team is not to remove oneself from
human habitation but to embrace it; it is not the pursuit of
nature but rather the celebration of organized human activity.
The recreational use statute was originally enacted to encourage
landowners to open private land for natural pursuits.12 A
subsequent amendment extended the statute [**15] to public
lands and additional amendments have perhaps moved beyond
the original purpose, but the bird-watching amendment is not
one of them. Bird-watching conforms with the statute's original
purpose and provides no support for extending the statute to
spectators at a sports stadium. Indeed, [HN11] if the
Legislature intended for the recreational use statute to apply
generally to competitive sports and their spectators, the catchall
provision is a curious choice as it apparently applies to some
competitions but not others, that is, those played in open-air
stadiums instead of enclosed facilities.
12 See supra text accompanying notes 3-4.
It is apparent from the statute's development that subpart (L)'s
42. "catchall" was not intended simply to incorporate all other
outdoor activities into the statute. Had that been the
Legislature's intent, it would not have continued to add specific
outdoor activities after adding the "catchall" in 1997. But
subpart (L) must catch some unlisted activities; otherwise, it
would have no purpose. In City of Bellmead, we concluded that
it did catch the use of playground equipment because that was
"the type of activity 'associated with enjoying . . . the
outdoors'" that [**16] the Legislature had in mind when it
added subpart (L). City of Bellmead, 89 S.W.3d at 615 (quoting
Tex. Civ. Prac. & Rem. Code § 75.001(3)(L)).
[*55] But if the statute applies to a park playground, why
should it not also apply to a sports stadium and to parents
watching their children play there? UTA argues that no
difference exists between playgrounds and sports stadiums or
between those who watch or play at either place because both
activities are "associated with enjoying nature or the outdoors"
within the meaning of subpart (L). We disagree.
While both activities are more likely than not to occur outside,
their association with the enjoyment of nature or the outdoors is
different. [HN12] "The meaning of individual words 'may be
ascertained by reference to words associated with them in the
statute.'" Jaster v. Comet II Const., Inc., 438 S.W.3d 556, 566
(Tex. 2014) (plurality op.) (quoting Cnty. of Harris v. Eaton,
573 S.W.2d 177, 181 (Tex. 1978) (Steakley, J., dissenting)).
"[W]here two or more words of analogous meaning"--such as
"nature" and "the outdoors"--"are employed together in a
statute, they are understood to be used in their cognate sense, to
express the same relations and give color and expression to each
other." Id. (quoting Eaton, 573 S.W.2d at 181). Because of its
association with nature, "enjoying the outdoors" cannot include
every enjoyable outside activity, as Justice Boyd notes.
[**17]See S.W.3d at (Boyd, J., concurring). It must also
be associated with nature, or "that part of the physical world
that is removed from human habitation." In this sense, the
"outdoors" is not integral to the enjoyment of competitive sports
43. because the focus of that activity is the competition itself, not
where the competition takes place. In contrast, a park
playground is not so much a celebration of organized human
activity as it is a respite from it--a place where children can
run, play, and otherwise enjoy the outdoors. The enjoyment of
nature or the outdoors is thus a significant part of playground
activity, but is not integral to the enjoyment of competitive
sports. [HN13] Although soccer may be played in an open-air
stadium, a soccer game, as ordinarily understood, is not
associated with nature in the sense indicated by the statutory
definition of "recreation." Because the outdoors and nature are
not integral to the enjoyment of this activity and because the
activity is unlike the others the statute uses to define
"recreation," we conclude that subpart (L)'s so-called "catch-
all" does not catch this activity. See Tex. Civ. Prac. & Rem.
Code § 75.001(3) (listing the activities that define recreation
under the [**18] statute).
UTA, however, cites cases from several other states purportedly
holding that competitive sports and spectators are included as
recreational pursuits under their respective statutes. See, e.g.,
Catanzarite v. City of Springfield, 32 Mass. App. Ct. 967, 592
N.E.2d 752, 752-53 (Mass. App. Ct. 1992) (noting that "active
pursuits" like playing baseball and "passive pursuits" like
watching baseball are covered by the statute); see also Algave
v. Mayor & City Council of Ocean City, 5 F. Supp. 2d 354, 355
(D. Md. 1998) (playing soccer);13 Ambrose ex rel. Ambrose v.
Buhl Joint Sch. Dist., 126 Idaho 581, 887 P.2d 1088, 1089
(Idaho Ct. App. 1994) (playing baseball); Lowman ex. rel.
Lowman v. Ind. Area Sch. Dist., 96 Pa. Commw. 389, 507 A.2d
1270, 1273 (Pa. Commw. Ct. 1986) (baseball spectator); Brooks
v. Northwood Little League, Inc., 489 S.E.2d 647, 651, 327 S.C.
400 (S.C. Ct. App. 1997) (baseball spectator); Miller ex rel.
Fehring v. Wausau Underwriters Ins. Co., 2003 WI App 58, 260
Wis. 2d 581, 659 N.W.2d 494, 497-98 (Wis. Ct. App. 2003)
(playing soccer). UTA submits that these cases "illustrate [*56]
the way a recreational use statute is supposed to work."
44. 13 This case does not apply Maryland's recreational use statute
but instead holds that summary judgment was correctly rendered
under principles of governmental immunity.
What these cases illustrate to us, however, is that recreational
use statutes throughout the country are neither uniform nor
uniformly applied.14 For example, Massachusetts, unlike Texas,
does not attempt to define recreation but instead extends its
statute's protection to any person "who lawfully permits the
public to use such land for recreational, conservation, scientific,
educational, environmental, ecological, research, religious, or
charitable purposes without imposing a charge or fee [**19]
therefor." Mass. Gen. Laws ch. 21, § 17C(a). As already
discussed, the ordinary meaning of the word "recreation" is
sufficiently broad to include competitive sports and their
spectators. Similarly, the Maryland statute defines "recreational
purpose" as "any recreational pursuit" and extends coverage to
land open "to the public for any recreational and educational
purpose." Md. Code Ann. Nat. Res. §§ 5-1101(g), 5-1102(a).
14 See generally Robin Cheryl Miller, Annotation, Effect of
Statute Limiting Landowner's Liability for Personal Injury to
Recreational User, 47 A.L.R. 4th 262 (1986). For a complete
list of recreational use statutes of the fifty states, see Elizabeth
R. Springsteen & Rusty W. Rumley, States' Recreational Use
Statutes, Nat'l Agric. L. Center,
http://archive.nationalaglawcenter.org/assets/recreationaluse/ind
ex.html (last visited Mar. 13, 2015).
Pennsylvania's recreational use statute is more like our own,
defining a "recreational purpose" to include "hunting, fishing,
swimming, boating, . . . camping, picnicking, hiking, pleasure
driving, nature study, water skiing, water sports, cave
45. exploration and viewing or enjoying historical, archaeological,
scenic, or scientific sites." 68 Pa. Stat. Ann. § 477-2(3). And as
UTA argues, an intermediate court in that state has said that
baseball should be included as a recreational purpose under
Pennsylvania's statute. Lowman, 507 A.2d at 1273. The
Pennsylvania Supreme Court, however, would seem [**20] to
disagree, as it has limited the state's recreational use statute to
land that remains largely in its natural state. Mills v.
Commonwealth, 534 Pa. 519, 633 A.2d 1115, 1118 (Pa. 1993);
see also Brown v. Tunkhannock Twp., 665 A.2d 1318, 1322 (Pa.
Commw. Ct. 1995) (recognizing that Lowman no longer
controls). It has noted that the statute "was not intended to
insulate owners of fully developed recreational facilities from
the normal duty of maintaining their property in a manner
consistent with the property's designated and intended use by
the public." Mills, 633 A.2d at 1119.
Unlike the Massachusetts, Maryland, and Pennsylvania statutes,
the Idaho statute includes "athletic competition" among its list
of "[r]ecreational purposes," and the South Carolina statute lists
"summer and winter sports" in its "[r]ecreational purpose" list.
Idaho Code Ann. § 36-1604(b)(4); S.C. Code Ann. § 27-3-20(d).
Wisconsin's statute also mentions "outdoor sport" as a
recreational activity but exempts certain organized team sports
from the definition. Wis. Stat. § 895.52(1)(g).15
15 The Wisconsin statute states that a "'[r]ecreational activity'
means any outdoor activity undertaken for the purpose of
exercise, relaxation or pleasure [and] . . . includes . . . any other
outdoor sport, game or educational activity [but] . . . does not
include any organized team sport activity sponsored by the
owner of the property on which the activity takes place." [**21]
WIS. STAT. § 895.52(1)(g). The Wisconsin Supreme Court has
said that despite this broad definition, "every outdoor activity is
not a recreational activity" for purposes of the statute. Minn.
Fire & Cas. Ins. Co. v. Paper Recycling of La Crosse, 2001 WI
46. 64, 244 Wis. 2d 290, 627 N.W.2d 527, 533 (2001).
In contrast to these statutes, [HN14] the Texas statute mentions
only "water sports" [*57] among its list of recreational
activities.16 The only other part of the statute that arguably
associates recreational activity with any type of competitive
sport is section 75.002(e). Tex. Civ. Prac. & Rem. Code §
75.002(e). Section 75.002(e) adds certain hockey and skating
activities, as well as soap box derby and paintball uses as
recreational activities "if the activities take place on premises
owned, operated, or maintained by a governmental unit."17
16 Tex. Civ. Prac. & Rem. Code § 75.001(3)(K). It may be that
"disc golf," which was added to the list in 2005, is also a sport.
Id. § 75.001(3)(N).
17 Section 75.002(e) provides:
[HN15] (e) In this section, "recreation" means, in addition to
its meaning under Section 75.001, the following activities only
if the activities take place on premises owned, operated, or
maintained by a governmental unit for the purposes of those
activities:
(1) hockey and in-line hockey;
(2) skating, in-line skating, roller-skating, skateboarding, and
roller-blading;
(3) soap box derby use; and
(4) paintball use.
The hockey and skating activities [**22] were added in 1999,
when the Legislature decided to extend the statute's protection
to municipalities that provide a place for these activities, if they
"take place inside a facility owned, operated, or maintained by a
47. municipality."18 The bill analysis at the time described these
activities as "popular 'extreme sports.'"19 In 2003, the
Legislature amended the section to explain that the activities
did not have to be indoors for the statute to apply; "inside a
facility" was replaced with "on premises."20 The liability
limitation for these activities was further extended to any
governmental unit and is thus no longer specific to
municipalities.21 Soap box derby and paintball uses were
subsequently added.22 [HN16] But none of these amendments
suggests that the Legislature intended to include competitive
sports and spectating as recreational activities under the statute.
18 Act of May 20, 1999, 76th Leg., R.S., ch. 734, § 1, 1999
Tex. Gen. Laws 3345 (emphasis added).
19 See House Comm. on Civil Practices, Bill Analysis, Tex.
H.B. 1058, 76th Leg., R.S. (1999.)
20 Act of May 23, 2003, 78th Leg., R.S., ch. 739, § 1, 2003
Tex. Gen. Laws 2171.
21 Id.
22 Act of May 27, 2005, 79th Leg., R.S., ch. 932, § 2, 2005
Tex. Gen. Laws 3178, 3179; Act of May [**23] 10, 2007, 80th
Leg., R.S., ch. 227, § 1, 2007 Tex. Gen. Laws 315.
Because we conclude that the recreational use statute does not
apply to the activity in this case, we affirm the court of appeals'
judgment.
John P. Devine
Justice
Opinion Delivered: March 20, 2015
CONCUR BY: GUZMAN; WILLETT; BOYD; JOHNSON;
48. BROWN
CONCUR
Justice Guzman, joined by Justice Willett, concurring.
In City of Bellmead v. Torres, we held that whether the
recreational use statute applies depends on the particular
activity the plaintiff was engaging in at the time of the injury.
Here, the plaintiff was injured while attempting to acquire and
sign forms authorizing a high school to release her daughter
after the conclusion of a high school soccer match. Under City
of Bellmead, we must examine whether this particular activity
qualifies as recreational use. Under the statute's plain language
and our precedent, it does not. Justice Devine's plurality
opinion, however, departs from the precision our jurisprudence
[*58] requires by focusing on the activity the plaintiff had
completed before she was injured--spectating. Thus, while I join
in the Court's judgment that the recreational use statute does not
apply, I do so on different grounds. Accordingly, I [**24]
respectfully concur in the Court's judgment.
Absent gross negligence, malicious intent, or bad faith, the
recreational use statute protects property owners from claims
for personal injuries that occur on their property during
recreational activities. See Tex. Civ. Prac. & Rem. Code §
75.002(d). In City of Bellmead v. Torres, we explained that the
statute is a premises defect statute and, as a result, whether a
particular action qualifies as "recreation" turns entirely on the
precise activity the plaintiff was engaged in when the injury
occurs. 89 S.W.3d 611, 614 (Tex. 2002). Accordingly, we
categorized the various exploits the plaintiff engaged in while at
the park--playing softball and swinging on the swing--and then
focused narrowly on the activity the plaintiff was performing
when she was injured. Id. at 612, 614. In pinpointing the action
that caused the injury, we disregarded both the reasons the
plaintiff went to the park and the pursuits the plaintiff engaged
in before the injury occurred. Id. at 612. City of Bellmead
provides the framework for analyzing the applicability of the
49. recreational use statute to the circumstances in this case: (1)
what is the precise activity the plaintiff was engaged in when
she was injured and (2) does that particular [**25] activity
qualify as "recreation" under the statute?
There is no dispute that Sandra Williams had attended her
daughter's high school soccer game at the University of Texas
football stadium in Arlington and pursued that action to its
conclusion without incident. However, per the high school's
athletics policy, Williams's daughter could not leave the
stadium with her family after the game until a parent signed a
release form. Attempting to comply with school policy,
Williams walked down the stadium's steps to the field after the
game ended to gain access to the clipboard containing the form
she needed to sign to leave the stadium with her child. In the
process of acquiring the clipboard, Williams leaned on a gate
that provides access from the stands to the field. The gate
opened unexpectedly, and Williams fell five feet to the field
below, injuring her rib and left arm. It defies logic to conclude
Williams could have been a spectator when her injury occurred
because the match had ended. Instead, at the time Williams was
injured, she had fully transitioned to a new activity--acquiring
and signing a release form in accordance with school policy.
Because Williams was injured while acquiring [**26] a release
form, City of Bellmead requires us to determine whether this
activity is "recreation." As defined by statute, "recreation"
expressly includes: hunting, fishing, swimming, boating,
camping, picnicking, hiking, pleasure driving, nature study,
cave exploration, water sports, bicycling, mountain biking, disc
golf, dog walking, and radio control flying. Tex. Civ. Prac. &
Rem. Code § 75.001(3). None of these activities encompass the
act of retrieving one's child after a school sporting event. See
id. Thus, to be protected, the activity must fall within a catchall
provision extending the definition of recreation to "any other
activity associated with enjoying nature or the outdoors." Id. §
75.001(3)(L). To qualify as recreation, the principle of ejusdem
generis requires the activity be similar to those sports and
50. hobbies expressly identified in the statute. Cf. City of Houston
v. Bates, 406 S.W.3d 539, 545 (Tex. 2013). And in keeping with
this principle, Texas precedent identifies a number of similar
and thus qualifying recreational activities. See, e.g., City of
Bellmead, [*59] 89 S.W.3d at 614--15 (swinging); Univ. of
Tex. Health Science Center v. Garcia, 346 S.W.3d 220, 226
(Tex. App.--Houston [14th Dist.] 2011, no pet.) (playing beach
volleyball); Garcia v. City of Richardson, No. 05--01--01755--
CV, 2002 Tex. App. LEXIS 5556, 2002 WL 1752219, at *2--3
(Tex. App.--Dallas July 30, 2002, pet. denied) (mem. op., not
designated for [**27] publication) (playing an informal soccer
game); Kopplin v. City of Garland, 869 S.W.2d 433, 441 (Tex.
App.--Dallas 1993, writ denied) (playing on playground
equipment). In stark contrast to these obvious recreational
activities, the act of acquiring and signing a release form as a
precursor to leaving the stadium with your child is not akin to
the sports and hobbies expressly listed in the statute.
Justice Boyd asserts that the Legislature defined recreation to
broadly include activities that are incident to, but may not
themselves qualify, as "enjoying nature or the outdoors." Slip
op. at (BOYD, J., concurring). I disagree. Construing the
catchall provision to broadly encompass independent ancillary
activities--such as signing a consent authorization form--does
not comport with the principle of ejusdem generis, rendering the
prior and subsequent statutorily enumerated activities
superfluous. Rather, we must construe the catchall phrase no
more broadly than the Legislature intended. Bates, 406 S.W.3d
at 545.
The Legislature did not purport to incorporate an activity
merely because its occurs outdoors. See Sullivan v. City of Fort
Worth, No. 02-10-00223-CV, 2011 Tex. App. LEXIS 3866,
2011 WL 1902018, at *7 (Tex. App.--Fort Worth May 19, 2011,
pet. denied) (mem. op. on reh'g) (holding that a guest attending
a wedding in a city garden was not engaged in recreation when
she fell on an unlit pathway, [**28] reasoning that "[a]
wedding is not the type of activity in which people engage
51. assuming a risk of injury from physical activity. Thus, we do
not think that the wedding transforms from a ceremony to
recreation simply because it occurred outside."). Nor did the
Legislature intend to include activities that, while temporally
related to a recreational activity, have no actual connection to
an individual's enjoyment of nature or the outdoors. Instead, we
must construe the catchall provision narrowly to encompass
only those activities closely connected to enjoying the outdoors.
See Webster'S New Universal Abridged Dictionary 126 (1996)
("associate" means "usually accompanying"); Webster'S New
Collegiate Dictionary 67 (1980) (defining "associate" as
"closely connected."). Signing an authorization form, even when
it occurs at an outdoor stadium, bears no relationship to
activities associated with enjoying nature or the outdoors--
Williams could just as easily have arrived at the stadium solely
for the purpose of retrieving her child. In contrast, when the
evidence indicates an activity is closely related to a recreational
activity, the statute may apply. See, e.g., City of Plano v.
Homoky, 294 S.W.3d 809, 817 (Tex. App.--Dallas 2009, no
pet.) (falling in the clubhouse [**29] immediately after turning
in a golf scorecard is closely related to playing golf). Because
signing an authorization form is an activity unrelated to
enjoying the outdoors, I cannot conclude that the Legislature
intended that catchall provision to encompass this particular
activity.
Because Williams was not engaged in recreation at the time of
her injury, the recreational use statute does not bear on this
dispute, and we need not address whether spectating, in and of
itself, is a recreational use. Thus, I concur only in the Court's
judgment.
Eva M. Guzman
Justice
Justice Boyd, concurring.
Legend has it that Midas secured his father's ox cart to a
hitching post in ancient [*60] Phrygia using a knot that only
52. the future king of all of Asia could untie. The insoluble Gordian
Knot held fast for centuries, and even Alexander the Great
could not unwind its woven strands of bark.1 I think Midas
would have been quite proud of the Texas recreational use
statute and its definition of the word "recreation." Tex. Civ.
Prac. & Rem. Code §§ 75.001(3), .002(e).
1 See, e.g., Prudential Ins. Co. of Am. v. Nat'l Park Med. Ctr.,
Inc., 154 F.3d 812, 818 n.3 (8th Cir. 1998) (citing Funk and
Wagnalls Standard Dictionary of Folklore, Mythology, and
Legend 460 (Maria Leach ed., Funk & Wagnalls 1972) and
Bulfinch's Mythology 44 (Richard [**30] P. Martin ed., 1991));
Carl Michael Szabo, Thwack!! Take That, User-Generated
Content!: Marvel Enterprises v. NCSoft, 62 Fed. Comm. L. J.
541, 543 n.6 (2010) (citing Lynn E. Roller, Midas and the
Gordian Knot, 3 Classical Antiquity 256 (1984)); Jim Chen, The
Midas Touch, 7 Minn. J. L. Sci. & Tech. i nn.1--2 (2005) (citing
Thomas Bulfinch, Bulfinch'S Mythology: Illustrated Edition 46-
-48 (1979) and 2 W.W. Tarn, Alexander the Great 262 (1948));
Joseph H. King, Jr., The Misbegotten Libel-Proof Plaintiff
Doctrine and the "Gordian Knot" Syndrome, 29 Hofstra L. Rev.
343, 343--44 (2000) (citing Zbigniew Herbert, The Gordian
Knot, Kenyon Rev. 34 (Summer 1984) (John Carpenter &
Bogdana Carpenter trans.)); Edward J. Imwinkelried, The
Gordian Knot of the Treatment of Secondhand Facts Under
Federal Rule of Evidence 703 Governing the Admissibility of
Expert Opinions: Another Conflict Between Logic and Law, 3
U. Denv. Crim. L. Rev. 1, 28 (2013) (citing John Maxwell
O'Brien, Alexander the Great: The Invisible Enemy: A
Biography 69 (1992)).
The Court makes a valiant effort to determine what qualifies
under the statute as "any other activity associated with enjoying
nature or the outdoors." Id. § 75.001(3)(L). For the reasons
JUSTICE DEVINE explains in the plurality opinion, I agree that
53. the doctrine [**31] of ejusdem generis requires us to construe
that phrase to include only activities that are "similar in type"
to the specific activities the statute lists. Ante at . But the
plurality never defines what that "type" is, nor can it, because it
is not possible to fit all of the listed activities into any
particular "type." I agree with Justice Johnson that we cannot
say, as the plurality seems to suggest, that the "type" of
activities listed are only those that:
- use the property "in its natural state," ante at , because the
statute expressly defines "premises" to include "buildings" and
"structures"2 and lists several activities that often involve
improvements like pools (swimming), cabins (camping), ramps
(boating), tables (picnicking), and roads ("pleasure driving" and
bicycling);3
- are not a sport, or a team sport, or even a competitive team
sport, ante at , because the list includes several activities that
can be all of these, like fishing, swimming, boating, water
sports, bicycling, and disc golf;4
- do not involve "spectating," ante at , because the list
includes "bird-watching" and other activities in which much of
the enjoyment often derives from what the participant observes,
[**32] like boating, camping, picnicking, hiking, pleasure
driving, and cave exploration;5 or
- focus on "that part of the physical world that is removed from
human habitation," ante at , as opposed to a "celebration of
organized human activity," ante at , because the list includes
activities that are often enjoyed among groups of people and in
areas where [*61] people live and gather, like dog-walking,
hockey, and roller-skating.6
2 Tex. Civ. Prac. & Rem. Code § 75.001(2).
54. 3 Id. § 75.001(3)(C)--(F), (H), (M).
4 Id. § 75.001(3)(B)--(D), (K), (M)--(N).
5 Id. § 75.001(3)(D)--(J).
6 Id. §§ 75.001(3)(O), 75.002(e)(1), (2).
Despite the plurality's admirable efforts, it is simply not
possible to describe a "type" of activity that includes things as
varied as swimming, disc golf, dog-walking, and hockey, but
does not include every activity "associated with enjoying nature
or the outdoors"--which would include spectating at an outdoor
competitive sporting event.
I am therefore sympathetic to Justice Johnson's conclusion that
"[t]he Legislature has not specified that . . . the activities must
be for enjoying the outdoors in limited, certain ways[.]" Post at
. But I cannot reach that conclusion because it ignores both the
rule of ejusdem generis and the reality that people can enjoy
doing almost anything outdoors. Applying the rule of ejusdem
generis [**33], I cannot conclude that "recreation" includes
eating on the patio at a local restaurant, walking from one store
to the next at an outlet mall, or driving to work with the top
down or windows open, even though "enjoyment of nature or
the outdoors" is "integral to the enjoyment of th[e] activity."
Ante at . Nor could I conclude that a person who "enjoys"
mowing the lawn is engaged in "recreation" but a person who
considers it to be an undesirable chore is not. Like the plurality,
I conclude that the statute limits the meaning of "recreation,"
but like Justice Johnson, I conclude that the statute provides no
clear guidance as to what those limits are.
Justice Guzman, meanwhile, would narrow our focus from the
broader purpose of the outing to "the particular activity the
plaintiff was engaging in at the time of the injury." Ante at .
Although the plaintiff in this case was at a stadium to watch her
daughter play soccer, she was actually injured "while attempting
55. to acquire and sign forms authorizing a high school to release
her daughter" after the game had ended. Ante at . Our
decision in City of Bellmead v. Torres provides some support
for JUSTICE GUZMAN's conclusion that we must focus [**34]
on the more narrow activity, 89 S.W.3d 611, 614 (Tex. 2002),
but the statute does not support her application of that principle
here. In my view, Justice Guzman's application of Bellmead
ultimately ignores both the statute's reference to any activity
"associated with" enjoying the outdoors and the reality that
every "recreational" activity includes more mundane actions
that are only "incident to" or "temporally related to," ante at ,
but may not themselves qualify as, "enjoying nature or the
outdoors." I would conclude, for example, that a camper is still
camping when he's walking to the park office to renew his
permit to stay another night, a boater is still boating when she's
tying the boat up to the dock, and a hunter is still hunting when
he's climbing out of the blind to grab another drink from the
cooler, even though these are only "temporally related," rather
than "closely connected," and may "have no actual connection
to an individual's enjoyment of nature or the outdoors." Ante at
.
Each of my colleagues' opinions in this case represents a
diligent and reasoned effort to make sense of the recreational
use statute, but I ultimately conclude that the statute cannot be
sensibly applied, at least without [**35] the aid of additional
canons of statutory construction. Alexander the Great himself
could not figure this one out. Instead, I suspect he would do
what legend says he did with Gordian's Knot: he would
unsheathe his sword and be done with it.7
7 See supra note 1.
[*62] Fortunately, we have a sword that is custom-made for a
statute like this one. As we have repeatedly explained, "if a
statute . . . deprives a person of a common law right, the statute
56. will be strictly construed in the sense that it will not be
extended beyond its plain meaning or applied to cases not
clearly within its purview." Satterfield v. Satterfield, 448
S.W.2d 456, 459 (Tex. 1969).8 "Of course, statutes can modify
common law rules, but before we construe one to do so, we
must look carefully to be sure that was what the Legislature
intended." Energy Serv. Co. of Bowie v. Superior Snubbing
Servs., Inc., 236 S.W.3d 190, 194 (Tex. 2007). Because statutes
abrogating common law causes of action are disfavored, we will
apply them only when there is "a clear repugnance between the
common law and statutory causes of action." Cash Am. Int'l Inc.
v. Bennett, 35 S.W.3d 12, 16 (Tex. 2000).
8 See Sw. Bell Tel., L.P. v. Harris Cnty. Toll Rd. Auth., 282
S.W.3d 59, 64 (Tex. 2009); Smith v. Sewell, 858 S.W.2d 350,
354 (Tex. 1993); Dutcher v. Owens, 647 S.W.2d 948, 951 (Tex.
1983). Justice Johnson declines to apply this canon of
construction in part because no party has argued "a question of
the . . . statute's constitutionality or the effect of its impairment
of a common law right." Post at . But this canon does not
apply only when there [**36] are constitutional challenges, and
it is the proper practice of this Court to rely on applicable
canons whenever we "cannot discern legislative intent in the
language of the statute itself." Tex. Lottery Comm'n v. First
State Bank of DeQueen, 325 S.W.3d 628, 639 (Tex. 2010). A
party does not "waive" the applicability of a canon of
construction by failing to raise it, and if our goal is to correctly
determine the meaning of an ambiguous statute, we cannot
refuse to rely on our guiding principles simply because no one
asks us to do so.
As the plurality notes, the recreational use statute "effectively
immunizes the landowner or occupant from ordinary negligence
claims[.]" Ante at . Because the statute deprives invitees of
their common law right to recover for injuries caused by a
57. landowner's negligence, and instead permits them to recover
only upon proof of gross negligence, malicious intent, or bad
faith, see Tex. Civ. Prac. & Rem. Code § 75.002(d), we must
strictly construe it and apply it only to cases that are "clearly
within its purview." Satterfield, 448 S.W.2d at 459 (emphasis
added). As the Court's varying opinions here demonstrate, this
case is not "clearly within [the] purview" of the statute. I would
therefore hold that the statute does not apply. I would not hold,
however, that the statute can [**37]never apply to a case
involving an activity that the statute does not list as an example
of "recreation." It may be, for example, that jogging, rock-
climbing, or repelling "clearly [fits] within [the] purview" of an
"activity associated with enjoying nature or the outdoors," as
limited by the doctrine of ejusdem generis, but we cannot
decide that issue here. What we must decide here is whether
spectating at a soccer game or retrieving a child after the game
fits that description, and since it does not do so clearly, I would
hold that the statute does not apply.
I must address one final point, however, regarding a different
"sword" that potentially clashes with the one I apply here.
When, as here, the defendant is a governmental unit that enjoys
sovereign immunity, see Univ. of Tex. Health Sci. Ctr. at San
Antonio v. Bailey, 332 S.W.3d 395, 397 n.5 (Tex. 2001) ("State
universities and their component entities are governmental
entities within the meaning of the Texas Tort Claims Act."), the
recreational use statute limits the scope of the Tort Claims Act's
waiver of immunity. See Tex. Civ. Prac. & Rem. Code §§
101.021(2) (providing that governmental units are liable for
"personal injury and death so caused by a [*63] condition or
use of . . . real property"), 101.025(a) (waiving immunity "to
the [**38] extent of liability created by this chapter"), 101.058
(providing that the recreational use statute controls "[t]o the
extent that [it] limits the liability of a governmental unit under
circumstances in which the governmental unit would be liable").
In this sense, the recreational use statute defines the extent of
the waiver of immunity, and "[w]e have repeatedly affirmed that
58. any purported statutory waiver of sovereign immunity should be
strictly construed in favor of retention of immunity." Prairie
View A & M Univ. v. Chatha, 381 S.W.3d 500, 513 (Tex.
2012). It could thus be argued that we should construe and
apply the statute broadly, rather than narrowly, to minimize the
extent of the statutory waiver and maximize the extent to which
the governmental unit retains its immunity. Cf. In re Smith, 333
S.W.3d 582, 587 (Tex. 2011) (explaining that "a statutory
waiver of sovereign immunity must be construed narrowly" and
"must be clear and unambiguous") (citing Mission Consol.
Indep. Sch. Dist. v. Garcia, 253 S.W.3d 653, 655 (Tex. 2008);
Wichita Falls State Hosp. v. Taylor, 106 S.W.3d 692, 697 (Tex.
2003); Tex. Gov't Code § 311.034).
I conclude, however, that the canon we announced in Satterfield
prevails here for at least three reasons. First, we are construing
the recreational use statute in this case, not the Tort Claims Act,
and because the recreational use statute applies to all owners,
lessees, and occupants of real property, including private parties
[**39] as well as governmental units, see Tex. Civ. Prac. &
Rem. Code §§ 75.002(a), .003(c), its primary effect is to
abrogate a common law cause of action. Creating an exception
to the Tort Claims Act's waiver of sovereign immunity is only a
secondary effect resulting from that Act's incorporation of the
statute by reference. Second, the recreational use statute
expressly states that it does not "create liability" or "waive
immunity," and that it controls over any conflict with the Tort
Claims Act. See id. § 75.003(d), (f). And third, in my view, the
canon of construction that requires courts to narrowly construe
a statute that waives immunity does not also require courts to
broadly construe separate statutes that provide exceptions to the
waiver as a secondary effect.
In summary, consistent with our well-established canons of
construction, I would hold that the recreational use statute does
not apply here because it deprives the claimant of a common
law right and the claimant's activities at issue here are not
"clearly within [the statute's] purview." I thus concur in the
59. Court's judgment affirming the court of appeals' judgment, but
for the different reasons I have explained.
Jeffrey S. Boyd
Justice
DISSENT BY: JOHNSON; BROWN
DISSENT
Justice Johnson [**40] , joined by Justice Brown, concurring
and dissenting.
I concur in the Court's judgment as to the Williamses' gross
negligence claim, but for two reasons I dissent from its
judgment as to their ordinary negligence claim. The first reason
I dissent is based on the language of the recreational use statute
by which Justice Devine reaches his decision in his plurality.
The second, which should be the first because it implicates the
University of Texas at Arlington's (UTA) immunity but which is
not addressed by the plurality, is based on the interaction of the
recreational use statute and the Texas Tort Claims Act as noted
by Justice Boyd in his concurring opinion. Tex. Civ. Prac. &
Rem. Code §§ 75.002 (recreational use statute), 101.021(2)
(Tort Claims Act).
As to the first reason I dissent--the language of the statute--the
recreational use statute includes bird watching among several
activities listed as being "recreation." Id. § 75.001(3)(I). Yet,
despite the statute [*64] specifying that "recreation" includes
persons engaged in outdoor activities "such as" the listed
activities and separately specifying that it also includes persons
engaged in "any other activity associated with enjoying nature
or the outdoors," id. § 75.001(3)(L) [**41] , the plurality
concludes that the Legislature intended that a parent engaged in
outdoor child watching and associated activities is not included.
S.W.3d , . The language of the statute does not support this
conclusion; the principle of ejusdem generis does not support it;
and I do not believe the Legislature intended it.
The plurality identifies the issue in this appeal as "whether the
60. statutory term 'recreation' reasonably includes competitive
sports and their spectators" when those subjects are not listed in
the recreational use statute, and concludes that it does not. Id. at
. In reaching this conclusion, the plurality notes that words in a
statute are generally interpreted according to their common
meaning unless a contrary intention is apparent from the
statute's context. Id. at (citing City of Houston v. Bates, 406
S.W.3d 539, 544 (Tex. 2014)). The plurality recognizes that
applying "recreation's" ordinary broad meaning--refreshment
from work or a diversion--would include both competitive
sports and spectating within its scope. Id. (citing Webster's
Ninth New Collegiate Dictionary 985 (1984)). The plurality
nevertheless concludes that this definition should not be applied
because the Legislature defined "recreation" more precisely
through a list of activities, and those do not include the
activities of a mother who watched her daughter's soccer game
and then was injured when a gate swung [**42] open while she
was in the process of waiting for and signing her daughter out
after the game. Id. at . I disagree with that conclusion.
The recreational use statute specifies that the term "recreation"
means activities "such as" those it lists, clearly indicating
legislative intent that the list is non-exclusive. Tex. Civ. Prac.
& Rem. Code § 75.001(3). The statute then enlarges even on its
broadly inclusive "such as" language by providing in a discrete
subdivision that "recreation" means an activity "such as . . . any
other activity associated with enjoying nature or the outdoors."
Id. § 75.001(3)(L) (emphasis added). Not surprisingly, this
Court has construed that language as reflecting legislative intent
for the statute to encompass activities not specifically listed,
including swinging on a swing. City of Bellmead v. Torres, 89
S.W.3d 611, 615 (Tex. 2002). In City of Bellmead the Court
said that "[w]hile the Recreational Use Statute does not
specifically list swinging as an example of recreation, it is
certainly within the type of activity 'associated with enjoying ...
the outdoors.'" Id. But according to the plurality, City of
Bellmead does not control here because "[t]he enjoyment of
61. nature or the outdoors is thus a significant part of playground
activity, but is not integral to [**43] the enjoyment of
competitive sports." S.W.3d at . The plurality attempts to
distinguish enjoying "nature" and the "outdoors" from organized
soccer by saying that "nature" and "outdoors" equate to that part
of the world removed from human habitation, while gathering in
a stadium to watch soccer is not removing oneself from human
habitation, but rather celebrating and embracing it. But there is
no contention or evidence that Williams either was in, or would
have been in, UTA's stadium or by the gate where she fell,
independent of her daughter's activities. What Williams was
embracing was not human habitation, but her daughter's
participation in outdoor athletic activities, just as parents
embrace their children's participation in all the outdoor
activities listed in [*65] the statute. A parent's enjoyment of
nature or the outdoors for the activities of visiting a playground
with a child or going boating, camping, picnicking, hiking, or
waterskiing with a child is hard to differentiate from what
Williams was doing when she was injured: participating to the
extent she could in her daughter's outdoor activities.
The plurality also distinguishes Williams's attending her
daughter's soccer game in a stadium [**44] from a parent's
attending a child's playdate at a playground by implicitly
categorizing playing--and spectating--at a playground as
enjoying "nature" which the plurality says is "that part of the
physical world that is removed from human habitation."
S.W.3d at . But by doing so, the plurality ignores the reality
that most playgrounds are designed to be in, and are constructed
in or close to, areas inhabited by humans; otherwise the
playground improvements would not be fully enjoyed and used.
The plurality points to no language in the statute differentiating
between competitive and non-competitive activities. That is
because nothing in the statute demonstrates legislative intent to
single out and exclude competitive sports from its reach.
Moreover, several of the listed activities such as fishing,
swimming, boating, off-road driving, water sports, bicycling,
62. disc golf, and radio-controlled airplane flying typically include
both non-competitive and competitive aspects.
Finally, the statute does not contain any language
differentiating team sports and activities from non-team sports
and activities. And certainly many of the listed activities such
as swimming, bicycling, water sports, boating, and fishing
[**45] include team competitions. To be sure, some teams may
have two or three members, some may have five or six
members, and others may have ten or eleven members or more.
But it is simply part of the human experience for leisure-time
activities to induce competitions, and competitions inevitably
lead to teams. And the statute does not exclude either from its
broad language.
As to Williams being a spectator or picking her daughter up
after the game, the Legislature could hardly have intended to
include only adult participants in activities covered by the
statute without at least some language in the statute saying so.
Yet that would be the effect of excluding parents and other
persons who make children's participation in outdoor activities
possible. Parents and adults typically take children to their
activities, sign them in, and remain to mix and mingle with
other parents while enjoying the outdoor activities as much as
(and possibly more than) the children, then sign the children out
and pick them up to take them home--just the type of activity in
which Williams was engaged. To hold that Williams is excluded
because she was either a spectator as to her daughter's outdoor
sports activities [**46] or in the process of picking her
daughter up after the game, both of those being activities
closely "associated with" the daughter's soccer game, reads the
language of § 75.001(3)(L) out of the statute. The holding
effectively means that the statute does not cover parents
engaging in activities associated with their children's
participation in outdoor sports, such as taking the children to
practices, games, and even simple play dates at a park where
there are swings and other improvements for the children to
enjoy, along with signing them in or out of those activities as
63. part of a security process, or sitting in stands or standing around
the field spectating and socializing with other parents and
participants (and occasionally offering coaching advice) while
waiting to take their children home.
[*66] The plurality argues that spectating at organized sporting
activities is distinguishable from bird watching because the
landowner who opens property for bird watching opens the
property in its natural state and does not build a stadium or
otherwise make improvements for that purpose. But nothing in
the statute says or indicates that it applies only when land is in
a natural state without improvements. Here, [**47] Williams's
injury was caused by an improvement to UTA's land--a gate that
swung open. Land that is fit for, and open for, birdwatching,
hunting, camping, swimming, cycling, and other activities listed
in the recreational use statute will almost invariably have some
type of improvements, including fences, gates, and swings. The
plurality's narrowing of the statute by effectively reading words
into it will bring into question the statute's application to
injuries causally related to various types of improvements to
land even though the activities are otherwise covered by the
statute. So in my view, the fact that UTA's property included
improvements and the Williamses' claims arose from one of
them, does not exclude the claim based on language in the
statute. Nor is it a distinguishing factor from the activities
listed any more than the statute distinguishes children playing
soccer from children swimming, diving from various heights of
diving boards, or playing water polo in teams at an outdoor
swimming pool--surely an improvement to a premises--or
children at a lake beach area cordoned off for swimming and
water sports, and the parents who take them there, sign them in
and out, and watch [**48] over them.
Simply put, people enjoy many kinds of outdoor activities in
different ways, in individual, group and team activities, in non-
competitive and competitive activities, and even in different
types of weather. The activities for the most part take place on
land that has improvements and the activities frequently have
64. associated requirements such as registering, signing in and out,
and in the case of children, having parents or responsible adults
perform those requirements. The Legislature has not specified
that in order for activities to come within the recreational use
statute, the activities must be for enjoying the outdoors in
limited, certain ways such as non-competitive, non-team
activities, or on land with limited or no improvements. The
statute only specifies that the activity must be recreational
"such as" in the ways listed in the statute, including the specific
subsection specifying "any other activity associated with
enjoying nature or the outdoors." Tex. Civ. Prac. & Rem. Code
§ 75.001(3)(L). The plurality narrows the scope of what it
concedes is broad statutory language. But narrowing the scope
of statutory language, even if it is as broad as the language in §
75.001(3)(L), is not a judicial [**49] prerogative. This Court
has explicated simple rules for reading language into or out of a
statute--to effect clear legislative intent, or to avoid a statute's
having an arbitrary, absurd or nonsensical effect. See Union
Carbide Corp. v. Synatzske, 438 S.W.3d 39, 54 (Tex. 2014)
(interpreting a statutory testing requirement to include a
relevance requirement not included in the statutory language in
order to yield a non-arbitrary, non-absurd result); City of
Rockwall v. Hughes, 246 S.W.3d 621, 630 (Tex. 2008)
("[C]hanging the meaning of the statute by adding words to it,
we believe, is a legislative function, not a judicial function.").
In my view there is no need to read words into or out of the
recreational use statute to effect clear legislative intent or to
avoid an arbitrary, absurd, or nonsensical result.
Justice Boyd raises two issues that bear addressing. As to the
first, he concludes that different canons of statutory
construction should be used to decide the issue [*67] because
the recreational use statute's primary purpose is to abrogate or
impair a common law cause of action. Without addressing the
merits of his reasoning, I disagree with this approach
procedurally because the question of the recreational use
statute's constitutionality or the effect of its impairment of a