One of the toughest lessons on the law for non-attorneys is that The Law is not black and white and that searching for The Law, or The Answer, in the texts of statutes and constitutions is only the beginning of the research adventure. Analysis, persuasion, persistence, and luck must also be stirred into the mix.
As a colleague of mine always tells his students: “If you read only what is written in the statutes and the constitutions you will be absolutely wrong about what the law is.”
Here’s one case, among thousands, but perhaps it can serve as a useful example. I recommend you read the whole case – the excerpts below are only to whet your appetite (notice also the complete absence of a retelling of the facts – frustrating to those who love the law in part for its stories). (And we don’t yet know if there will be an appeal, so this may not be the final word from the Oregon Courts.)