K's--a few questions

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goosey
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K's--a few questions

Postby goosey » Sat Jan 22, 2011 4:55 pm

my professor put references for each reading on our syllabus, the only one he HIGHLY encourages is the farnsworth hornbook, but he said that the rest are for our depth of understanding. These include the UCC and Restatement.

does anyone know how to access the restatement on westlaw in a more productive manner: I search for database, then click restatement of K's, then the text box appears and I just search for "bargain" or whatever and click on the closest section that pops up to the one I need, then I keep clicking "next" to get to the right section. This takes forever and is annoying. There MUST be a way to access all of it at once and just click the section I need?

secondly, I started my outline today [going into the 3rd week of class, we've finished the basics of consideration and laptops are banned...so I really needed to consolidate my nasty notebook notes into a proper outline to make sure I understand what the hell is going on.] but I feel like I am not deep enough into the class to understand exactly how to organize all this info I have. Would making a separate outline of JUST rules from the Rest/UCC be worthwhile? and then at the end of the semester when I rework my outline I can merge the main outline and the rules outline together into something manageable? thoughts?

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Lawquacious
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Re: K's--a few questions

Postby Lawquacious » Sat Jan 22, 2011 5:05 pm

goosey wrote:my professor put references for each reading on our syllabus, the only one he HIGHLY encourages is the farnsworth hornbook, but he said that the rest are for our depth of understanding. These include the UCC and Restatement.

does anyone know how to access the restatement on westlaw in a more productive manner: I search for database, then click restatement of K's, then the text box appears and I just search for "bargain" or whatever and click on the closest section that pops up to the one I need, then I keep clicking "next" to get to the right section. This takes forever and is annoying. There MUST be a way to access all of it at once and just click the section I need?

secondly, I started my outline today [going into the 3rd week of class, we've finished the basics of consideration and laptops are banned...so I really needed to consolidate my nasty notebook notes into a proper outline to make sure I understand what the hell is going on.] but I feel like I am not deep enough into the class to understand exactly how to organize all this info I have. Would making a separate outline of JUST rules from the Rest/UCC be worthwhile? and then at the end of the semester when I rework my outline I can merge the main outline and the rules outline together into something manageable? thoughts?


I'm not addressing the bulk of your question, but I am addressing the 'thoughts' part. I would focus very carefully for this class on how your professor teaches and organizes the information. I would be hestitant to focus much if at all on external resources for a 1L Ks class. I think with Ks, even more than with most other 1L subjects, it is important to really focus on the professor's approach beacause it seems to me that there is more ambiguity and subjectivity involved in K law than some of the other subjects (certainly v. Civ Pro I think, and I would say that is true re: Torts as well). I focused on some outside and supplementary resources in my Ks class last semester, and I really feel like it not only didn't help but it ended up hurting. Obviously it is possible you or others could have a very different experience than me along this line though. There were other reasons that K's came out as my weakest class, but looking back I really think just focusing on the class materials alone would have been beneficial.
Last edited by Lawquacious on Sat Jan 22, 2011 5:08 pm, edited 2 times in total.

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traehekat
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Re: K's--a few questions

Postby traehekat » Sat Jan 22, 2011 5:06 pm

Yeah, I had the same problem with Ks. I had all these notes and general rules or whatever coming from cases, and then I had the Restatement and U.C.C. which basically restates the general rules in some way. Our professor seemed pretty picky about the Restatement and U.C.C. so I outlined by starting with a topic (offer, for example) and then kind of just matched up general rules with the rule coming from the Restatement. So basically my outline was probably double the size it needed to be, because I had everything kind of stated twice (once in laymen's terms, and again in the exact wording of Rest./U.C.C.). Honestly, the better way to do it would have been to just read the Rest./U.C.C., figure out what it means or what general rule it is getting at, and then just write it in laymen's terms in my outline and then include what section it is coming from.

I did exactly what you are talking about, though - separate document/outline JUST for the Rest./U.C.C. When I started really outlining I merged it with my notes and stuff from a commercial outline. However, like I said I should have consolidated a little better instead of literally just combining and organizing them. With so much material, it is easy to become overwhelmed. I'd start outlining early for Ks, as you seem to be doing, because to do it right takes a lot longer than courses like Torts or Property, IMO.

Can't help you with WestLaw, unfortunately.

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Bert
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Re: K's--a few questions

Postby Bert » Sat Jan 22, 2011 5:20 pm

On the right-most side of the Westlaw search screen is a box that says "Popular Resources." In this box is an item that says "Restatements of the Law." Click on the link for "Table of Contents" and it brings you to the TOC for all of the Restatements.

Hope that is what you are looking for.

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nygrrrl
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Re: K's--a few questions

Postby nygrrrl » Sat Jan 22, 2011 5:24 pm

Goosey - Berts advice is great but if that doesn't work, Cornell has full, free copies on line (google with "Cornell" or "ILR"). I actually bought a book (companion piece to our text) that has the UCC, Restatements and comments - it was a great resource. Will look up the exact title and PM you.

keg411
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Re: K's--a few questions

Postby keg411 » Sat Jan 22, 2011 5:27 pm

You can also find most of the Restatement/U.C.C. sections via Google, but they won't have the notes. We had to buy a book for my class (If you look up Contracts and "Selected Source Materials" it should come up and that will have it in a hard copy if you prefer that).

The only exams I had in K's that I needed the outline for were MC exams, so unless you have multiple short MC, my outlining tips are probably no good :lol:. I would have a separate document for the U.C.C. and the Restatement, though.

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goosey
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Re: K's--a few questions

Postby goosey » Sat Jan 22, 2011 5:38 pm

keg411 wrote:You can also find most of the Restatement/U.C.C. sections via Google, but they won't have the notes. We had to buy a book for my class (If you look up Contracts and "Selected Source Materials" it should come up and that will have it in a hard copy if you prefer that).

The only exams I had in K's that I needed the outline for were MC exams, so unless you have multiple short MC, my outlining tips are probably no good :lol:. I would have a separate document for the U.C.C. and the Restatement, though.


we have a standard issue spotter--like literally 99 issues on an exam..A's typically spot 65-70 of them. no multiple choice.

thanks for the responses, everyone...and yeah, so I think I will just have 3 outlines as the semester goes..one for notes from class and farnsworth, one for the UCC and one for the Rest...and then during spring break ill just consolidate and make sure i'm not repetitive.

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Mickey Quicknumbers
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Re: K's--a few questions

Postby Mickey Quicknumbers » Sun Jan 23, 2011 2:50 am

nygrrrl wrote:Goosey - Berts advice is great but if that doesn't work, Cornell has full, free copies on line (google with "Cornell" or "ILR"). I actually bought a book (companion piece to our text) that has the UCC, Restatements and comments - it was a great resource. Will look up the exact title and PM you.

That cornell site is absolute gold.

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NoleinNY
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Re: K's--a few questions

Postby NoleinNY » Sun Jan 23, 2011 3:19 am

goosey wrote:my professor put references for each reading on our syllabus, the only one he HIGHLY encourages is the farnsworth hornbook, but he said that the rest are for our depth of understanding. These include the UCC and Restatement.

does anyone know how to access the restatement on westlaw in a more productive manner: I search for database, then click restatement of K's, then the text box appears and I just search for "bargain" or whatever and click on the closest section that pops up to the one I need, then I keep clicking "next" to get to the right section. This takes forever and is annoying. There MUST be a way to access all of it at once and just click the section I need?

secondly, I started my outline today [going into the 3rd week of class, we've finished the basics of consideration and laptops are banned...so I really needed to consolidate my nasty notebook notes into a proper outline to make sure I understand what the hell is going on.] but I feel like I am not deep enough into the class to understand exactly how to organize all this info I have. Would making a separate outline of JUST rules from the Rest/UCC be worthwhile? and then at the end of the semester when I rework my outline I can merge the main outline and the rules outline together into something manageable? thoughts?


Farnsworth is legit.

As for outlines:

Making a separate outline with Rstmt/UCC seems like a waste; just integrate the rules into the other common law rules you learn as you go. Organization wise, it obviously is very important how your professor prefers you tackle issues, but mine emphasized the following.

1. Is there a K?
*Mutual assent (offer +acceptance) + Consideration
2. If so, what are the terms? Are the terms enforceable?
*Interpreting terms, parole evidence rule, etc.
3. Were the terms faithfully carried out? Defenses to formation?
*Duress? statute of frauds?
4. If not carried out, what should the law do?
*specific performance? damages?

Etc.

You flesh out your outline around that basic idea.
Also, it's critical to identify on an exam whether the ucc or rstmt applies at the beginning (duh).




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