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Animal Control Law

Study guide - Egenreither v. Carter, 23 S.W.3d 641 (Mo.App. E.D. 2000), rehearing and/or transfer denied (2000)

What is the prior procedure, i.e., what happened legally that is being appealed?

Discuss the selection for appeals cases

Who is the plaintiff and what do we know about her?

What happened to her?

Who owned the dog?

What was her legal theory?

What does the law say?

Why do we have leash laws?

What are the public health issues with dogs?

What is a jury instruction - remember Law and Order?

What does instruction #5 direct the jury to do?

What did instruction #6 instruct the jury to do?

What did the jury decide about the defendant's conduct?

What did the plaintiff say the court did wrong?

Did the trial court accept this argument?

What are the defendant's counter arguments?

How does defendant argue that the plaintiff failed to make a submissible case?

What word does defendant's argument turn on?

Where does this word come from?

What does defendant say this word means?

Where does the court look for the definition?

What does the court find is the definition?

What does the leash law mean, using this definition?

How does defendant try to strengthen her argument? (cites cases)

What happened in Monteer?

Why did plaintiff lose in Monteer?

How does the court distinguish Monteer from defendant's argument?

How is this different from controlling your dog?

When a grant of a new trial for incorrect instructions is appealed, what does the appeals court determine?

If the instruction is erroneous, then what does the appeals court do?

What does defendant claim Wilson, MacArthur, and Bentley entitle her to do?

When does the court say these cases allow a justification instruction?

What does the defendant have to prove to win on justification?

What sort of facts might support a justification instruction in this case?

What was the factual basis of Wilson?

What sort of facts might excuse violation of such an ordinance?

What sort of justification does MacArther deal with?

Why does defendant's excuse fail to satisfy the court?

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