new 1L with a probably simple question

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lawschoolgiant
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new 1L with a probably simple question

Postby lawschoolgiant » Sun Aug 08, 2010 1:07 pm

In Torts, what role does RST take compared to courts who rule differently?

What I really want to know.
1) Are these views more, less or equally important to cases that rule differently?
2) Does that question depend on the prof?

Bankhead
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Re: new 1L with a probably simple question

Postby Bankhead » Sun Aug 08, 2010 1:22 pm

The Restatement is not binding (on any court). It is (merely) persuasive authority.

The weight you will give to the RST on exams is dependent on the prof.

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20160810
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Re: new 1L with a probably simple question

Postby 20160810 » Sun Aug 08, 2010 4:36 pm

Where the RST approach and the CL majority approach differ, it's usually best to address the difference on tests and talk a little about how it would go down differently either way. This is also a great time to spit back some policy BS if your prof prefers one approach or the other.

StudentAthlete
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Re: new 1L with a probably simple question

Postby StudentAthlete » Thu Aug 12, 2010 11:40 am

Bankhead wrote:The Restatement is not binding (on any court). It is (merely) persuasive authority.

The weight you will give to the RST on exams is dependent on the prof.

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chicagolaw2013
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Re: new 1L with a probably simple question

Postby chicagolaw2013 » Thu Aug 12, 2010 11:41 am

On restatements, does anyone suggest buying those as supplements, or will professors that care about the restatement make it a required book for your class?

helfer snooterbagon
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Re: new 1L with a probably simple question

Postby helfer snooterbagon » Thu Aug 12, 2010 11:43 am

You can get the restatements through Westlaw.

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chicagolaw2013
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Re: new 1L with a probably simple question

Postby chicagolaw2013 » Thu Aug 12, 2010 11:44 am

helfer snooterbagon wrote:You can get the restatements through Westlaw.


Oh cool, thanks.

StudentAthlete
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Re: new 1L with a probably simple question

Postby StudentAthlete » Thu Aug 12, 2010 11:47 am

chicagolaw2013 wrote:On restatements, does anyone suggest buying those as supplements, or will professors that care about the restatement make it a required book for your class?


Truthfully I don't think buying a Restatement is necessary. The only really relevant sections you need are the ones that appear in the cases and subsequent notes (In the casebooks obviously).

lawgod
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Re: new 1L with a probably simple question

Postby lawgod » Thu Aug 12, 2010 11:51 am

simple question? I didn't even know what an RST is. Now I know it is a restatement but I don't know what a restatement is.

Really, I assume I'll figure out what I need to know when I need to know it.
I'm on a need to know basis.

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rayiner
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Re: new 1L with a probably simple question

Postby rayiner » Thu Aug 12, 2010 12:47 pm

This seems like a good place to put this, so you new 1Ls can see.

The Golden Rule of Law School:

Nothing will be tested that isn't either in: (a) the casebook; (b) the class notes; (c) any assigned articles, etc.

Even as you go from (a) to (b) to (c) the probability of something being tested approaches zero.

So, no, don't buy the restatements. Anything you need to know from them will be excerpted in the casebook. This is a general rule. The less you read, the more time you can spend on what you do read, and the better you will do on exams.

Bankhead
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Re: new 1L with a probably simple question

Postby Bankhead » Thu Aug 12, 2010 1:01 pm

Please do not worry about the Restatements now.




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