1. Understanding Legal Rules
Legal rules often have “elements,” all of which must be present for a rule to apply.
Elements can be conjunctive; so that
In a civil case, all the elements must be proven by the plaintiff
In a criminal case, all elements must be proven beyond a reasonable doubt
Elements can be disjunctive, so that only one or a combination short of all of them makes the rule applicable.
Rules can also dictate that a court or agency “consider” something or apply a “balancing test.”
Advanced Legal Analysis and Writing Class 2

2. Key concepts in Reading Statutes
The term shall requires the actor to do something or face sanctions or reversal by the courts.
The term may allows the actor the discretion to determine whether to take the action
The term shall not or may not imposes a legal duty to avoid undertaking the action.
Synthesis
This means the process of combining two or more statutes to form one rule. This is often important with separate “definition” statutes that apply to a section of the Code.
Careful though: Definition statutes apply only to the extent that the statute itself says so!
Advanced Legal Analysis and Writing Class 2

3. General Rules of Statutory Interpretation
Statutes are not generally considered broader than their plain meanings.
Lenity, in the case of a criminal statute.
The interpretation of a statute can be influenced by:
Legislative intent, as shown from sources such as the legislative record
Other judicial interpretations of similar statutes
Analogy to other statutes
Public Policy
Advanced Legal Analysis and Writing Class 2

4. Advanced Legal Analysis and Writing Class 2
Exercise 5
Read the following rule:
To show undue influence sufficient to void a will, the one who contests the will must establish by clear and convincing evidence that 1) when the will was executed the testator was of weakened intellect and 2) a person in a confidential relationship with the testator 3) receives a substantial benefit under the will.
Advanced Legal Analysis and Writing Class 2

5. Advanced Legal Analysis and Writing Class 2
Exercise 5 – Part 2
How many elements does this rule contain?
Do any of the elements have sub-elements?
What type of rule is this—disjunctive, conjunctive, a factors test, a combination of types?
What result if the elements of the rule are established?
Is that result mandatory? Prohibited? Optional or discretionary?
Are there any exceptions to the rule? If so, when do they come into play? What is the result if an exception to the rule exists?
Advanced Legal Analysis and Writing Class 2