Exams - Citing the Restatement

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1LFTW
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Exams - Citing the Restatement

Postby 1LFTW » Tue Jun 22, 2010 9:29 am

Do you cite Restatements when you're constructing your arguments on an exam?

I know it's not binding..but it is highly persuasive.

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Cavalier
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Re: Exams - Citing the Restatement

Postby Cavalier » Tue Jun 22, 2010 9:41 am

No, I never cite to the Restatements, or any legal principles for that matter. I just immediately start writing about the optimal social outcome and what the law ought to be.

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General Tso
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Re: Exams - Citing the Restatement

Postby General Tso » Tue Jun 22, 2010 9:52 am

Cavalier wrote:No, I never cite to the Restatements, or any legal principles for that matter. I just immediately start writing about the optimal social outcome and what the law ought to be.


I don't think I've ever seen you make a serious post.

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dood
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Re: Exams - Citing the Restatement

Postby dood » Tue Jun 22, 2010 10:06 am

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Last edited by dood on Sun Jul 04, 2010 3:29 am, edited 1 time in total.

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macattaq
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Re: Exams - Citing the Restatement

Postby macattaq » Tue Jun 22, 2010 10:30 am

dood wrote:With the exception of Con Law, where you absolutely need to cite landmark cases, each professor is different about citing cases, Restatements, etc. You need to wait until school starts, fool, and ask your professors.


FTFY.

roguebear
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Re: Exams - Citing the Restatement

Postby roguebear » Tue Jun 22, 2010 11:10 am

macattaq wrote:
dood wrote:With the exception of Con Law, where you absolutely need to cite landmark cases, each professor is different about citing cases, Restatements, etc. You need to wait until school starts, fool, and ask your professors.


FTFY.


^ seriously

FWIW pretty much every professor i've had does not care about citation at all. most of them told us don't worry about knowing the restatement number or even the name of the case, as long as you have the principle down. they want you to know the law, not memorize the case names. The only thing they cared about was that you know it was restatement or common law.

MVPson
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Re: Exams - Citing the Restatement

Postby MVPson » Tue Jun 22, 2010 1:33 pm

I cite commentators, restatement, and case on exams. It doesn't replace good analysis, but it backs up your points.

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Aeroplane
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Re: Exams - Citing the Restatement

Postby Aeroplane » Tue Jun 22, 2010 1:35 pm

Depends on subject & prof. In Ks I found it easier to cite restmt provisions by number because it served as shorthand for the rule and there were lots of restmt provisions covered. In property & torts id just discuss the 'restatement approach' if it was relevant which it rarely was.

solidsnake
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Re: Exams - Citing the Restatement

Postby solidsnake » Tue Jun 22, 2010 1:37 pm

Yes, cite everything that's relevant. The skill, of course, is in determining what is and what is not relevant.

LoyolaLaw2012
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Re: Exams - Citing the Restatement

Postby LoyolaLaw2012 » Tue Jun 22, 2010 1:46 pm

dood wrote:With the exception of Con Law, where you absolutely need to cite landmark cases, each professor is different about citing cases, Restatements, etc. You need to ask your professors.


Best advice.




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