How much to focus on policy

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vsg211
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How much to focus on policy

Postby vsg211 » Sun Oct 17, 2010 6:13 pm

I just finished reading the Czars of the Universe chapter on policy questions in Getting to Maybe and it left me a little confused. Obviously if there's a policy question on the exam you would be required to make policy arguments. But how would you know when to invoke a policy argument on the typical issue spotter questions? Only when it seems to be the only feasible argument because you cannot rely on common law or statue? Or are there other times to turn to policy? I know there's no clear cut answer to this but I'd like to know if anyone has advice regarding this so I could focus my outlining and studying a little better. Thanks, in advance.

rando
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Re: How much to focus on policy

Postby rando » Sun Oct 17, 2010 6:33 pm

vsg211 wrote:I just finished reading the Czars of the Universe chapter on policy questions in Getting to Maybe and it left me a little confused. Obviously if there's a policy question on the exam you would be required to make policy arguments. But how would you know when to invoke a policy argument on the typical issue spotter questions? Only when it seems to be the only feasible argument because you cannot rely on common law or statue? Or are there other times to turn to policy? I know there's no clear cut answer to this but I'd like to know if anyone has advice regarding this so I could focus my outlining and studying a little better. Thanks, in advance.


I used policy arguments on my exams when there wasn't a clear cut answer re; which side would prevail.

Arguments in favor of A with analysis of the law, cases etc.; Arguments in favor of B with analysis of the law, cases etc.; conclusion that the law is unsettled but policy may favor A or B and a brief discussion of that policy.

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Always Credited
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Re: How much to focus on policy

Postby Always Credited » Sun Oct 17, 2010 6:34 pm

vsg211 wrote:I just finished reading the Czars of the Universe chapter on policy questions in Getting to Maybe and it left me a little confused. Obviously if there's a policy question on the exam you would be required to make policy arguments. But how would you know when to invoke a policy argument on the typical issue spotter questions? Only when it seems to be the only feasible argument because you cannot rely on common law or statue? Or are there other times to turn to policy? I know there's no clear cut answer to this but I'd like to know if anyone has advice regarding this so I could focus my outlining and studying a little better. Thanks, in advance.


A possible application of policy in an otherwise "normal" issue question would be, say, if the parties conduct themselves in a way that's not entirely in line with the purposes of a specific statute, doctrine, or rule. You could say something to the effect of:

[x action] by A seems as though it could fall under [y rule]. However, [y rule]'s main purpose was to promote [efficiency/honesty/good faith/ect] and [z facts from fact pattern] suggest that [x action] by A runs contrary to that purpose. Thus, a court may find [y rule] to not necessarily apply in this situation.


Word?


Edit: Use this in conjunction with Rando's approach; if there's serious ambiguity in the law, you know its an issue worth spending some time on. So a policy discussion on the topic wouldn't be just spinning your wheels.

rando
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Re: How much to focus on policy

Postby rando » Sun Oct 17, 2010 6:42 pm

Always Credited wrote:
vsg211 wrote:I just finished reading the Czars of the Universe chapter on policy questions in Getting to Maybe and it left me a little confused. Obviously if there's a policy question on the exam you would be required to make policy arguments. But how would you know when to invoke a policy argument on the typical issue spotter questions? Only when it seems to be the only feasible argument because you cannot rely on common law or statue? Or are there other times to turn to policy? I know there's no clear cut answer to this but I'd like to know if anyone has advice regarding this so I could focus my outlining and studying a little better. Thanks, in advance.


A possible application of policy in an otherwise "normal" issue question would be, say, if the parties conduct themselves in a way that's not entirely in line with the purposes of a specific statute, doctrine, or rule. You could say something to the effect of:

[x action] by A seems as though it could fall under [y rule]. However, [y rule]'s main purpose was to promote [efficiency/honesty/good faith/ect] and [z facts from fact pattern] suggest that [x action] by A runs contrary to that purpose. Thus, a court may find [y rule] to not necessarily apply in this situation.


Word?


Edit: Use this in conjunction with Rando's approach; if there's serious ambiguity in the law, you know its an issue worth spending some time on. So a policy discussion on the topic wouldn't be just spinning your wheels.


Definitely credited.

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rayiner
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Re: How much to focus on policy

Postby rayiner » Sun Oct 17, 2010 6:49 pm

You can get A's without including policy arguments. Keep that in mind and use them sparingly unless it's either really pertinent or you're in con lawl.

rando
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Re: How much to focus on policy

Postby rando » Sun Oct 17, 2010 7:03 pm

rayiner wrote:You can get A's without including policy arguments. Keep that in mind and use them sparingly unless it's either really pertinent or you're in con lawl.


True. But I don't know why you wouldn't use a method that can get you extra points.

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rayiner
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Re: How much to focus on policy

Postby rayiner » Sun Oct 17, 2010 8:25 pm

rando wrote:
rayiner wrote:You can get A's without including policy arguments. Keep that in mind and use them sparingly unless it's either really pertinent or you're in con lawl.


True. But I don't know why you wouldn't use a method that can get you extra points.


You will almost certainly get points for more relevant analysis. You may or may not get points for any but the most obvious policy arguments. If you can grind through all the analysis and still have time for policy then more power to you, that'll get you an A+, but if you need to make trade-offs, like most people, then cover your fundamentals first.

rando
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Re: How much to focus on policy

Postby rando » Sun Oct 17, 2010 8:57 pm

rayiner wrote:
rando wrote:
rayiner wrote:You can get A's without including policy arguments. Keep that in mind and use them sparingly unless it's either really pertinent or you're in con lawl.


True. But I don't know why you wouldn't use a method that can get you extra points.


You will almost certainly get points for more relevant analysis. You may or may not get points for any but the most obvious policy arguments. If you can grind through all the analysis and still have time for policy then more power to you, that'll get you an A+, but if you need to make trade-offs, like most people, then cover your fundamentals first.


Don't think there is any disagreement then. Except maybe how long it takes to tie in a policy argument after you finish with fundamentals.




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