法律英语case1PPT

Determined by the jury
Question of fact
Unless there was no evidence , the verdict must stand.
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Additionnal comments
My puzzle: What is the “legal effect”??
District court: Legal effect is the legal influence of a juridical act. Appellate court: legal effect is the result of applying rules of law to the facts.
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b. Identify procedurally significant facts
Dobson interpreted the contract as one for
service; he argued that the agreement was
for clearing the land of unwanted oak trees. Mosonite denied liability, interpreting the
Dobson
Masonite
Interpretation Question of law or Question of fact
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Holding—District Court
Jury in favor of P assess damages at 26,500
District court question of law contract for sales the contract is unenforceable
contract as one for the sales of standing
timber, and invoking the Mississippi statute of frauds to bar Dobson’s claim .
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Legal issues
Which type of the contract? service or sales
Dobson v.Masonite Corp
United States Court of Appeals Fifth Circuit 359 F.2d 921(1966)
1Байду номын сангаас
Statement of facts
Trial Court – Plaintiff: Dobson – Defendant : Masonite Corp.
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I prefer the appellate court’s opinion. Because if we choose the district court’s idea that anything may lead to legal influence is a matter of law,we would get an amazing interence - there is no need for the jury. For example: in criminal cases,the jury determine whether the defendant is guilty.This determination itself obviously lead to legal influence . In order to protect the jury system,we should support the holding of the appellate court.
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Holding—Appeals Fifth Circuit Court
Question of fact reversed and remanded with directions
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Rule of law
The Mississippi Statute of Frauds Fed. R. Civ. P. 50(b)
– So they reached a verbal agreement
like this:
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Contract
(1)Cut all oak timber (2)Have complete control over the entire cutting operations (3)Sell the cut timber as he could (4)Pay M $12 initially,and subsequently $10 per thousand log feet of oak sold
Appellate Court Appellant :Masonite Corp Appellee :Dobson
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Statement of facts
a. Identify legally relevant facts
– In march 1963 ,Dobson orally agreed
to undertake cutting operation on Masonite’s lands.
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Reasoning of the court
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District Court
The legal analysis and legal effect of that done was in question.
Matter of law
Presented to the judge
Dobson by virtue of the contract acquired an interest in standing timber.
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Dobson continued clearing operations from March 1963 to December 1963, during which time cleared 4,000 acres of land ,and realized a net profit, after all expenses, including payments to Masonite, of
Sale contract
Mississippi Statute of Frauds
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Fifth Circuit Court
Interpretation is always a question of fact.
“legal effect” is just the result of applying rules of law to the facts.
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However,the price of the oak surged, Dobson was able to realize profit from his operations. So Masonite unilaterally terminated the agreement and ordered Dobson to discontinue his operations.