Professor's alternative theories

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BCLS
Posts: 567
Joined: Mon Aug 23, 2010 9:40 am

Professor's alternative theories

Postby BCLS » Fri Sep 10, 2010 5:14 pm

Usually after taking about a case, such as Acme Mills, my professor will offer her alternative theories involving facts not explicitly mentioned in the case to justify a party taking a particular action. Is it necessary to outline these? Seems like if you just get the rule from the case and know how to apply it you should be fine.

dakatz
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Joined: Sat Mar 29, 2008 4:19 pm

Re: Professor's alternative theories

Postby dakatz » Fri Sep 10, 2010 5:28 pm

I would definitely keep track of such thoughts from the professor. He/she is essentially telling you how to handle altered fact patterns (sort of like those on exams) by providing how he/she would approach this new situation. It certainly can't hurt to keep track of. These alternate theories help define the line, so to speak, of what the rule actually is.

BCLS
Posts: 567
Joined: Mon Aug 23, 2010 9:40 am

Re: Professor's alternative theories

Postby BCLS » Fri Sep 10, 2010 5:48 pm

dakatz wrote:I would definitely keep track of such thoughts from the professor. He/she is essentially telling you how to handle altered fact patterns (sort of like those on exams) by providing how he/she would approach this new situation. It certainly can't hurt to keep track of. These alternate theories help define the line, so to speak, of what the rule actually is.

yeah thats true. I'll keep that in mind!

Wavelet
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Joined: Sun Jul 25, 2010 8:23 pm

Re: Professor's alternative theories

Postby Wavelet » Fri Sep 10, 2010 5:49 pm

Look over your professor's old exams (if that's not possible, talk to 2Ls who have had him). What you should emphasize in your studying and outlining completely depends on how and on what you are going to be tested.

BCLS
Posts: 567
Joined: Mon Aug 23, 2010 9:40 am

Re: Professor's alternative theories

Postby BCLS » Fri Sep 10, 2010 8:41 pm

Good idea. Is it too early to go to the lib and ask for an exam?

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Cavalier
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Re: Professor's alternative theories

Postby Cavalier » Fri Sep 10, 2010 8:57 pm

BCLS wrote:Usually after taking about a case, such as Acme Mills, my professor will offer her alternative theories involving facts not explicitly mentioned in the case to justify a party taking a particular action. Is it necessary to outline these?

Yes! Knowing an alternative explanation for the holding of the case will potentially enable you to make a strong argument on the exam if similar facts are presented. Your classmates will write "Plaintiff will win on this issue because of Acme Mills," while you'll be able to write "Plaintiff may argue that the court should follow Acme Mills, but the defendant will respond that Acme Mills was decided that way only because the judge was allergic to wheat, which is presumably not the case here."

I'm obviously simplifying the example arguments, but you should get the point.

BCLS
Posts: 567
Joined: Mon Aug 23, 2010 9:40 am

Re: Professor's alternative theories

Postby BCLS » Fri Sep 10, 2010 9:02 pm

Thanks to you all!




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