Legal Rules

Overview of Rule StructuresLegal rules are typically organized into several key structural patterns used to define crimes, civil liabilities, or judicial procedures.1. Simple DeclarativeStructure 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. FactorsStructure 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. BalancingStructure 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. CombinationRules that utilize multiple structures listed above to define a legal standard.