C. (§1.10) Hierarchy for Addressing Legal Issues: First Things First Rule

LibraryInterpreting Oregon Law (OSBar) (2009 Ed.)

C. (§1.10) Hierarchy for Addressing Legal Issues: First Things First Rule

When the parties raise several types of issues, the courts address those legal issues in a particular order. Specifically, to the extent that the court determines it must address issues raised to resolve a case, the courts usually follow the first-things-first rule. State v. Rodriguez, 317 Or 27, 31, 854 P2d 399 (1993). Under that rule, the courts resolve subconstitutional issues—which...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT