Applying Legal Rule /Test 1.Look for best arguments for each party –Be Cognizant of Structure of Test –Use Care w Language –Utilize Definitions 2.If significant doctrinal arguments for both parties, try to resolve with: –Comparisons to facts of cases –Other language from cases –Policy Arguments (incl. Purpose of Rule)

END OF DQ43 (IRON): Apply Natural Liberty Element to Manning Definition: “to provide for itself, in the broadest sense which the phrase may be used. … [W]hen, by its own volition, it has escaped from all artificial restraint and is free to follow the bent of its natural inclination.” RELEVANT FACTS & QUESTIONS?

END OF DQ43 (IRON): Apply Natural Liberty Element to Manning RELEVANT FACTS & QUESTIONS? Time Before Recapture = 5 days Found in Brown’s Kitchen Area Similar to Natural Habitat? –Able to Find Food in Area? –Able to Survive Weather in Area?

END OF DQ43 (IRON): Apply Natural Liberty Element to Manning PURPOSE(S) OF RULE Protect Ordinary Finder Who Can’t Tell if Prior Owner Punish Owner Who Didn’t Sufficiently Enclose and/or Pursue

DQ42 (IRON): At Issue in Manning? 1.Magistrate/Justice of Peace Rules in Favor of Plaintiff Mitcherson. 2.Ga Supr Ct.: “The answer of the ex-officio justice of the peace in this case, the same being a certiorari and no traverse thereof, must be taken as true,...” “no traverse thereof” Means?

DQ42 (IRON): At Issue in Manning? 1.Magistrate/Justice of Peace Rules in Favor of Plaintiff Mitcherson. 2.Ga Supr Ct.: “The answer of the ex-officio justice of the peace in this case, the same being a certiorari and no traverse thereof, must be taken as true,...” “no traverse thereof” Means? Not questioning factual findings. So what are facts for purposes of the case?

DQ42 (IRON): At Issue in Manning? 1.Magistrate/Justice of Peace Rules in Favor of Plaintiff Mitcherson. 2.Ga Supr Ct.: “The answer of the ex-officio justice of the peace in this case, the same being a certiorari and no traverse thereof, must be taken as true,...” Facts for purposes of the case? Plaintiff’s version So What is Defendant’s Legal Claim?

DQ42 (IRON): At Issue in Manning? Defendant’s Legal Claim: Not “It’s My Bird” (No Traverse) Not “It Was Never Her Bird” (In Cage for Years) Must Be: “She Lost Property Rights When It Escaped”

DQ42 (IRON): At Issue in Manning? Why Did This Case Get to Georgia Supreme Court???!!!

ISSUE/HOLDING: MULLETT Did the trial court err in dismissing plaintiff’s case because the owner of an escaped sea lion retains property rights in the animal when it escapes with no intent to return into the Atlantic, where the Atlantic is not its natural habitat?

ISSUE/HOLDING: MULLETT No, the trial court did not err in dismissing plaintiff’s case because the owner of an escaped sea lion does not retain property rights in the animal when it escapes with no intent to return into the Atlantic, even though the Atlantic is not its natural habitat.

NARROWING/BROADENING HOLDINGS Narrowest Version of Holding Essentially Includes All Facts of Present Case Broader Holding Covers More Future Cases Broaden Holding by (either or both of): –Making References to Some Facts More General –Eliminating Some Facts

ISSUE/HOLDING: MULLETT The owner of an escaped sea lion does not retain property rights in the animal when it escapes with no intent to return into the Atlantic, even though the Atlantic is not its natural habitat. No, the owner of an escaped animal ferae naturae does not retain property rights in the animal when it escapes with no intent to return to a place where it is free of all artificial restraint and can provide for itself.

SUBSTANTIVE HOLDING: MANNING The original owner retains property rights in an escaped [canary] [that had been owned for two yrs] [that responded to its name] [that has escaped and returned before] [that had distinctive crest] [that had been missing for only five days] [that owner located day after it was found]

SUBSTANTIVE HOLDING: MANNING The original owner retains property rights in an escaped [canary]  [animal ferae naturae] [that had been owned for two yrs] [that responded to its name] [that has escaped and returned before] [that had distinctive crest] [that had been missing for only five days] [that owner located day after it was found]

DQ45 (Lead) Facts  Factors POSSIBLE RELEVANCE OF: [that had been owned for two yrs] [that responded to its name] [that has escaped and returned before]

SUBSTANTIVE HOLDING: MANNING The original owner retains property rights in an escaped [canary] [that had been owned for two yrs]  [that responded to its name]  [that has escaped and returned before]  [that had been tamed] [that had distinctive crest] [that had been missing for only five days] [that owner located day after it was found]

SUBSTANTIVE HOLDING: MANNING The original owner retains property rights in an escaped [canary] [that had been owned for two yrs]  [that responded to its name]  [that has escaped and returned before]  [to which she had a substantial connection ] [that had distinctive crest] [that had been missing for only five days] [that owner located day after it was found]

DQ45 (Lead) Facts  Factors POSSIBLE RELEVANCE OF: [that had distinctive crest]

SUBSTANTIVE HOLDING: MANNING The original owner retains property rights in an escaped [canary] [that had been owned for two yrs] [that responded to its name] [that has escaped and returned before] [that had distinctive crest]  [clearly marked] [that had been missing for only five days] [that owner located day after it was found]

DQ45 (Lead) Facts  Factors POSSIBLE RELEVANCE OF: [that had been missing for only five days] [that owner located day after it was found]

SUBSTANTIVE HOLDING: MANNING The original owner retains property rights in an escaped [canary] [that had been owned for two yrs] [that responded to its name] [that has escaped and returned before] [that had distinctive crest] [that had been missing for only five days]  [that owner located day after it was found]  [that was found a short time after escape]

SUBSTANTIVE HOLDING: MANNING The original owner retains property rights in an escaped bird that had escaped and returned before, is distinctively marked, had been found only a short time after it escaped, and was located by the owner a short time after being found.

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

SUBSTANTIVE HOLDING: MANNING Why play with broad and narrow holdings? Friday: DQ49 Squirrel Hypothetical ZINC & COPPER

DQ44 (LEAD): Mining Manning’s Meaning Significance of…?: The law of Georgia is, that to have property in animals, birds and fishes which are wild by nature, one must have them within his actual possession, custody or control, and this he may do by taming, domesticating, or confining them.