Part 2 – Facts and Laws

week 6: Mon Oct 5 & Wed Oct 7

Legal reasoning is not only about rules and their interpretation, but also about “facts”. In this respect,  we will examine the distinction between “matters of fact” and “matters of law”.

reading –  Schauer, Law and Fact

week 7: Wed Oct 14 — No class on Mon Oct  12

Same topic as last week.

watching – Twelve Angry Men (1957) 

week 8: Mon Oct 19 & Wed Oct 21

The standard of proof in criminal cases is beyond a reasonable doubt. What does that mean, exactly? [slides]

reading – in re Winship (1970) [PDF]

week 9: Mon Oct 26 & Wed Oct 28

We will see how the law/fact distinction is apparent in how appellate courts reach their decisions.

reading – People v. Goetz (NY 1986) [PDF]