The Professor's version of law and arguments via casebook Forum

[brickman]

Edit: So we learn what the professor says is the law and what the arguments the court made in making that law and that is all that counts, right?

So when I'm arguing on the exam that the law plainly read says this but the purpose says another thing, i'm just referring to whatever the hell the professor said it is, right?

[kalvano]

Christ, what a rambling and nonsensical post.

If the E&E, the supplement, every book on Earth says the law is "x", and your professor says it's "y", then on the exam the law is "y". Period.

And if your professor thinks the law is "y", then you damn well better know how (s)he got there, too.

[nigelfrost]

Are the arguments the counter-weight to the words of the law by which you argue whether or not the novel fact situation must navigate ambiguity?

wtf?

[kalvano]

So when I'm arguing on the exam that the law plainly read says this but the purpose says another thing, i'm just referring to whatever the hell the professor said it is, right?

I knew I should have quoted that post.


No. Argue both ways. If you interpret the law plainly, then x. If you interpret it according to the purpose, then y. Then, based on what your professor has said, come down on one side or the other and use his or her reasoning to back it up.

[nigelfrost]

So when I'm arguing on the exam that the law plainly read says this but the purpose says another thing, i'm just referring to whatever the @#!*% the professor said it is, right?

Step 1: Read assigned pages.
Step 2: Take notes in class based on prof.'s interpretation of readings.
Step 3: Make outline based on class notes.
Step 4: Answer questions based on outline.
Step 5: Receive arbitrary grade based on professor's mood at time of grading.

What the law "is" and what it has as "its purpose" are irrelevant to the sorting experience you're about to go through as a 1L.

I knew I should have quoted that post.

Love the avatar. Those books and two weeks at the beach kept me going this month.

[quakeroats]

Here's what you should eventually be able to write:

Exam: http://www.law.berkeley.edu/library/dyn ... examID=490
Answers: http://www.law.berkeley.edu/library/dyn ... examID=491