when/how do we use palsgraf in an exam answer?

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trey
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when/how do we use palsgraf in an exam answer?

Postby trey » Tue Dec 14, 2010 1:42 am

i'm not really sure about this...

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traehekat
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Re: when/how do we use palsgraf in an exam answer?

Postby traehekat » Tue Dec 14, 2010 1:58 am

? whenever you talk about negligence, basically...

edit: meaning you talk about the rule from palsgraf, which is the standard for proximate cause, pretty much. actually talking about the case im not sure, i honestly haven't mentioned any cases at all in my exams.

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as stars burn
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Re: when/how do we use palsgraf in an exam answer?

Postby as stars burn » Tue Dec 14, 2010 2:03 am

Think of the Cardozo/Andrews view of duty in negligence as a limitation to foreseeable plaintiffs. Essentially, you don't need to talk about Cardozo (or andrews) unless there is an issue with whether the plaintiff would have been foreseeable to the defendant. If it's obvious that they would be foreseeable then it would just be a waste of time to start talking about Cardozo.

In other, other words, if you establish the standard of care and the plaintiffs fall within the duty owed to them from that standard of care, then the plaintiffs foreseeability is established; therefore, you do not need to talk about Cardozo/Andrews.

The above is for duty. Palsgraf also talked about causation where Andrews basically mentioned direct consequences test for causation. I don't think it's necessary to talk about Palsgraf for causation though unless you teacher harps on it. The two tests for causation are simply the foreseeable consequences test and the direct consequences test.

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rcharles
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Re: when/how do we use palsgraf in an exam answer?

Postby rcharles » Tue Dec 14, 2010 2:11 am

If you really want to unearth a policy argument you can talk about the distinction between Cardozo's opinion and that of the dissents, then explain the broader consequences behind each. This might get you points if your prof is real policy-minded. Otherwise, factual details in cases are probably only appropriate when there are distinctions or similarities you want to compare and contrast with the exam fact-pattern. i.e. "Much like the Mrs. Palsgraf the victim here was not a forseeable plaintiff..."

random5483
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Re: when/how do we use palsgraf in an exam answer?

Postby random5483 » Tue Dec 14, 2010 3:50 am

I'd generally bring up palsgraf when discussing duty (you could for causation). Depending on your professor you may or may not want to bring up the Cardozo/Andrews views on duty. I generally bring up both views if I have the spare time. However, often you will be short on time so discussing the Cardozo view should be sufficient UNLESS you find no duty under the Cardozo view in which case mentioning a finding of duty under the Andrews minority position might give you bonus points.

Simply put, mention both views if you have time. Otherwise, mention just the Cardozo view unless a different result with the Andrews view in which case you would want to make time to discuss both.

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beach_terror
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Re: when/how do we use palsgraf in an exam answer?

Postby beach_terror » Tue Dec 14, 2010 11:23 am

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pandacot
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Re: when/how do we use palsgraf in an exam answer?

Postby pandacot » Tue Dec 14, 2010 11:41 am

http://admissions.calbar.ca.gov/Examina ... spx#fyexqu

If you look through some of those exam (the first year exams) you will find some model tort essay answers. If I'm remembering right, some do a good job of utilizing Palsgraf. Might help you understand.

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Cavalier
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Re: when/how do we use palsgraf in an exam answer?

Postby Cavalier » Tue Dec 14, 2010 12:55 pm

If there's a causation issue involving an unforeseeable plaintiff, Palsgraf is applicable. But if your torts exam is the typical torts exam, with several parties and dozens of issues involved, you can probably just ignore Palsgraf entirely. There will be other things to discuss.




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