Overview of Rule Structures

Legal rules are typically organized into several key structural patterns used to define crimes, civil liabilities, or judicial procedures.

1. Simple Declarative

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. Factors

Structure 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. Balancing

Structure 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. Combination