Hostname: page-component-76fb5796d-qxdb6 Total loading time: 0 Render date: 2024-04-26T00:56:32.320Z Has data issue: false hasContentIssue false

The Facts on the Ground

Published online by Cambridge University Press:  23 October 2020

Extract

The facts on the ground: That is where investigation starts, and that is what the court will have to deal with during the trial. And beyond: if the case goes up to an appellate court, those facts will be retold in an effort to judge whether the law has been correctly applied to them—whether the facts were appropriately formalized, one might say. So the statement of facts is a genre within a genre, one that doesn't much interest legal scholars since it is supposed to be neutral, factual indeed—it's there so the more interesting legal work can go forward. But surely this genre within a genre is interesting in itself.

Type
theories and methodologies
Copyright
Copyright © Modern Language Association of America, 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Works Cited

Alito, Samuel. Dissenting opinion. Florida v. Jardines, 569 U.S., 26 Mar. 2013, www.supremecourt.gov/opinions/12pdfr11-564_5426.pdf.Google Scholar
Amsterdam, Anthony, and Bruner, Jerome. Minding the Law. Harvard UP, 2000.Google Scholar
Bowlby, Rachel. Everyday Stories. Oxford UP, 2016.Google Scholar
Brooks, Peter. “Clues, Evidence, Detection: Law Stories”. Narrative, vol. 25, no. 1, 2017, pp. 127.CrossRefGoogle Scholar
Brooks, Peter. “‘Inevitable Discovery‘—Law, Narrative, Retro-spectivity”. Yale Journal of Law and the Humanities, vol. 15, no. 1, 2003, pp. 71101.Google Scholar
“Curtilage.” The American Heritage Dictionary of the English Language, www.ahdictionary.com/word/search.html?q=curtilage&submit.x=46&submit.y=25.Google Scholar
“Curtilage, N.” Oxford English Dictionary, www.oed.com/view/Entry/46197?redirectedFrom=curtilage#eid.Google Scholar
Freud, Sigmund. Fragment of an Analysis of a Case of Hysteria. 1905. Standard Edition of the Complete Psychological Works, vol. 7, Hogarth Press, 1962, pp. 1122.Google Scholar
Kagan, Elena. Concurring opinion. Florida v. Jardines, 569 U.S., 26 Mar. 2013, www.supremecourt.gov/opinions/12pdfr11-564_5426.pdf.Google Scholar
New York State, Court of Appeals. Palsgraf v. Long Island Railroad. 248 NY 339, 19 May 1928. Genius, genius.com/Court-of-appeals-of-new-york-palsgraf-v-the-long-island-railroad-company-annotated.Google Scholar
New York State, Court of Appeals. People v. Zackowitz. 254 NY 192, 8 July 1930. Case-text, casetext.com/case/people-v-zackowitz.Google Scholar
Sotomayor, Sonia. Dissenting opinion. Utah v. Strieff, 579 U.S., 20 June 2016, www.supremecourt.gov/opinions/15pdfr14-1373_83i7.pdf.Google Scholar
United States, Supreme Court. Florida v. Jardines. 569 U.S., 26 Mar. 2013, www.supremecourt.gov/opinions/12pdfA1-564_5426.pdf.Google Scholar
United States, Supreme Court. Old Chief v. United States. United States Reports, vol. 519, 7 Jan. 1997, pp. 172–92. Supreme Court, www.supremecourt.gov/opinions/boundvolumes/519bv.pdf.Google Scholar
United States, Supreme Court. Utah v. Strieff. 579 U.S., 20 June 2016, www.supremecourt.gov/opinions/15pdf/14-1373_83i7.pdf.Google Scholar