Overview of Rule Structures

Legal rules are typically organized into several key structural patterns used to define crimes, civil liabilities, or judicial procedures.

1. Simple Declarative

• Structure Pattern: If A, then Z.
• Signal Words: None.
• Example: It is a crime to sell alcohol to a minor.

2. Conjunctive (Elemental)

• Structure Pattern: If A and B and C, then Z (all elements must be met).
• Signal Words: "and," "with," "all".
• Example (Burglary): The nighttime breaking and entering of a dwelling of another with the intent to commit a felony.
• Example (Assault): An intentional, unlawful threat of violence, coupled with an apparent ability to do so, and an act creating well-founded fear of imminent violence.
• Example (Criminal Solicitation): Intent that another engage in a felony, plus the act of soliciting, commanding, or attempting to cause that conduct.

3. Factors

• Structure Pattern: If A, B, and C weighed together justify Z, then Z (usually starts with a standard).
• Signal Words: "Weigh(ing)," "outweigh(ing)," "consider(ing)," "including (but not limited to)," "factors," "circumstances".
• Example (Child Custody): The court must consider the best interests of the child, including their health/safety, history of abuse, contact with parents, and any parental substance abuse.
• Example (Alimony): Factors include standard of living, marriage duration, age/health of parties, financial resources, and other equitable factors.

4. Balancing

• Structure Pattern: If A outweighs B, then Z.
• Signal Words: "Balance(d/ing)," "weigh(ed/ing)," "outweigh(ed/ing)," "consider(ed/ing)".
• Example (Privacy): An individual’s right to privacy must be balanced against the State’s interests in protecting the public.
• Example (Government Taking): An individual's right to unfettered property use is weighed against the state’s police power for zoning.

5. Disjunctive (Alternative)

• Structure Pattern: If either A or B, then Z.
• Signal Words: "Or," "either".
• Example: A lawyer shall not collect a contingent fee in either a criminal matter or a divorce.

6. Defeasible (Rule with Exception)

• Structure Pattern: If A, then Z, unless B.
• Signal Words: "Except," "unless," "but if".
• Example (Jury Instruction): A judge must give a requested jury instruction that accurately states the law unless it tends to mislead jurors.
• Example (Divorce Property): After a divorce petition is filed, no property transfer passes title except a bona fide transfer for preexisting debts.
• Example (Permits): No permit is required for structures or land alterations existing as of July 1, 1979.

7. Combination

• Rules that utilize multiple structures listed above to define a legal standard.

Bluebook info from LR&W I

Discovery Tools

Ch. 21 of the Casebook and Rule 26

Rule 56 and how it is applied.

What is Rule 12, and how does it govern pre-answer motions?

Joinder and Supplemental Jurisdiction

FRCP 8, 9, and 12.

Rule 11 and sanctions

...or not? Rules 8, 9, and 12 take the stage.