The Latin maxim Via Trita, Via Tuta means the beaten path is the safe path. “The truth is, the moment we desert the old rules of interpretation, we are off of soundings, and deliver over the titles to lands to interminable doubts.”
Cleaveland v. Smith; 2 Story 278; 5 Fed. Cas. 1003 (Maine, 1842).
PART I: THE BASICS OF LEGAL RESEARCH - FINDING COURT DECISIONS TO AID DECISION-MAKING
Part I will focus on the techniques of research. Often, the problem we are wrestling with has been solved - many times over and by many jurisdictions. One of the keys to making proper decisions, in accordance with legal rules and in conformity with the law, is to review what is known as precedent, or what the court has decided in the past. By reviewing pertinent court decisions, one can not only find answers, but often the analysis and reasoning behind them. This 4-hour session will be a review of the techniques necessary to find those relevant court cases and where to find the pertinent information within the decisions.
PART II: TREATIES AND THE LAND SURVEYOR
Webster Ashburton Treaty Line
“A boundary is the invisible line of division between two contiguous parcels of land or estates in land. Boundaries may originate, be fixed or be varied by statutory authority, by proved acts of the respective owners (as by plans and deeds, possession, estoppel, or by agreement), or by the courts exercising statutory or inherent jurisdiction.” (Boundaries and Surveys, § 1). One aspect of boundary creation that has received little to no attention but is extremely significant because of its complexities and wide-reaching effects, is that of the Treaty. “A treaty is an agreement under international law entered into by actors in international law, namely sovereign states and international organizations.” (Wikipedia). Traditionally, a treaty is thought of in the context of dealing with native American tribes, but significant to surveyors is its creation as a key to its later location. The U.S. has a long history of involvement with treaties, which is still on-going today. This program explores this unique and complex boundary creation, its significance and discusses examples such as the U.S.- Canada boundary and the Mason-Dixon line.
8 PDH or 2 CEU
DAY TWO: Investigating Cold Boundary Cases
Click to enlarge image(s)
A cold case may be a few days old or several hundred years old, and each situation demands a particular plan of investigation to suit its characteristics and idiosyncrasies. Cold cases may arise from a variety of sources: from deficient previous investigation, incorrect choices having been made, or from newly discovered evidence casting a dramatic change on the scenario. The seminar is a review of the assessment and procedures for researching a “cold” case to evaluate its status and to result in a conclusion either supporting or refuting the previous one.