Legal Rules

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.