Todays Date: Click here to add this website to your favorites
   rss
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
D.C.
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wyoming



The nine justices in black robes file into the Supreme Court consumed with thoughts about the great legal issues of the day. Only one of them is likely to ask questions involving raccoons, an unruly son, pet oysters or even the dreaded "tomato children."

When Justice Stephen Breyer leans toward his microphone at the end of the bench, lawyers can expect to be asked almost anything. The 69-year-old Breyer is the court's most frequent practitioner of the hypothetical question, a conjurer of images that are unusual and occasionally bizarre.

"The last time I was up there arguing, it was easier for him to wrap his mind around bicycle pedals," said Carter Phillips. The experienced Supreme Court lawyer recalled an exchange with Breyer during arguments over patents for computer chips.

"He kept shifting the focus over to bicycle pedals and I was trying to live with him in that world," Phillips said. "I was taking the bicycle pedals and putting them on my Stair Master."

The hypothetical is a mainstay of Supreme Court arguments. At their best, such questions help justices address what is bothering them after they have pored over hundreds of pages of dense, often dry legal briefs.

"The point is to try to focus on a matter that is worrying me," Breyer said in an interview with The Associated Press. "Sometimes it's easier to do that with an example."

From the lawyer's perspective, the well-constructed example "helps focus the mind," said Roy Englert, a Supreme Court lawyer who studied antitrust law under Breyer at Harvard Law School.

One recent case involved punishment for repeat criminals under a difficult-to-decipher provision of federal law. The image Breyer called to mind was one to which any parent or sibling could relate.

"Suppose with your own children: 'I told you half an hour ago not to interrupt your sister when she is doing her homework. This is the second time you've done it.' Wouldn't you, with your own child — I would with mine — think that the second time he did it was worse behavior than the first time?" Breyer said. "I just told him not to."

The point was succinct and sweet. "It's a familiar example, your honor," conceded Charles Rothfeld, the lawyer for the recidivist whose case was before the court.

The justices generally have distinct styles in the way they ask questions.

Antonin Scalia makes liberal use of sarcasm. John Paul Stevens begins with an unassuming, "May I ask ...?" Then, Phillips said, "it's a dagger through the heart." Ruth Bader Ginsburg digs deep into the case record and is a stickler for following the rules.

Breyer, said Supreme Court specialist Thomas Goldstein, sometimes comes up with a situation "that is so extreme that it makes you think just about the legal principle because the facts are impossible."

Or, as Breyer said, "An odd example can call particular attention to the point."

Goldstein was on the receiving end of such a question in a dispute last year over the patent for a gas pedal.

"Now to me, I grant you I'm not an expert, but it looks at about the same level as I have a sensor on my garage door at the lower hinge for when the car is coming in and out, and the raccoons are eating it," Breyer said. "So I think of the brainstorm of putting it on the upper hinge, OK? Now I just think that how could I get a patent for that?"

Englert said Breyer is still the law professor he knew 30 years ago. "He had to learn how to keep a bunch of 22-to-25-year-olds entertained and interested," Englert said.



Lawyer Website Design by Law Promo

© LLP News. All Rights Reserved.

The content contained on the web site has been prepared by Breaking Legal News.
as a service to the internet community and is not intended to constitute legal advice or
a substitute for consultation with a licensed legal professional in a particular case or circumstance. Partner Sites: Legal News, Bar Association News, Click the Law, Attorney Websites Blog
   Legal Spotlight
   Exclusive Commentaries
   Law Firm News
   More Legal News  1  2  3  4  5  6
   Lawyer & Law Firm Links
Oregon Criminal Defense
Eugene Criminal Defense Lawyer
Coit & Associates, P.C.
www.criminaldefenseoregon.com
Florida Construction Law
Wellington Construction
Palm Beach Construction Law
Certified Construction Attorney
New York Adoption Lawyers
New York Foster Care Lawyers
Adoption Pre-Certification
www.lawrsm.com
Eugene Criminal Defense Lawyer
DUII, DUI, DWI, Civil Litigation. Call (541) 338-9111
www.arnoldlawfirm.com
Sydney Criminal Lawyers
Sydney criminal defence lawyers
Criminal Barristers and Solicitors
www.criminallaw.com.au
Indianapolis Trial Lawyers
Riley Bennett & Egloff
Indiana Litigation Law Firm
www.rbelaw.com
Pittsburgh DUI Laywer
Pennsylvania DUI Lawyer
DUI. Call (412) 429-4360
www.gbmlawpittsburgh.com
Las Vegas Personal Injury Attorneys
Las Vegas Wrongful Death Attorneys
www.mgalaw.com
Indiana business litigation attorney
Price Waicukauski & Riley
Indiana Class Action
www.price-law.com
Professional License Defense
OC Criminal Defense
The Khouri Law Firm.
www.khourilaw.com
New York Securities Litigation
New York SEC Attorneys
Securities Litigation Lawyer
www.herskovitslaw.com
Chicago, IL Business Attorney
Corporate Lawyer
Roth Law Group, LLC.
www.rothlawgroup.com

   Legal News Links
  Crisis Legal News
  Daily Bar News
  Legal Marketing Insight
  Click the Law
  Legal New Journal
  Law Firm SEO
  Law Firm Logos
  Houston wrongful death lawyers
  Law Firm Website Design
   Law Firm Site Links
  Lawyer Web Direct
  Lawyer Marketing
  Legal News