Citing cases not mentioned in class

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
BeachedBrit
Posts: 339
Joined: Tue Apr 14, 2009 10:30 am

Citing cases not mentioned in class

Postby BeachedBrit » Tue Oct 25, 2011 9:05 am

Specifically in Civ Pro.

My professor hasn't mentioned a few major cases in Civ Pro from jurisdiction that I know about because of the E&E etc. (supplements which she recommends and tends to teach from.) I've heard differing advice about whether to cite these on the exam or not. Input?

Thanks.

User avatar
SilverE2
Posts: 931
Joined: Wed Aug 20, 2008 10:04 pm

Re: Citing cases not mentioned in class

Postby SilverE2 » Tue Oct 25, 2011 1:34 pm

BeachedBrit wrote:Specifically in Civ Pro.

My professor hasn't mentioned a few major cases in Civ Pro from jurisdiction that I know about because of the E&E etc. (supplements which she recommends and tends to teach from.) I've heard differing advice about whether to cite these on the exam or not. Input?

Thanks.


Ask your professor. It will depend on the teacher.

User avatar
Grizz
Posts: 10583
Joined: Mon Jan 04, 2010 6:31 pm

Re: Citing cases not mentioned in class

Postby Grizz » Tue Oct 25, 2011 1:35 pm

BeachedBrit wrote:Specifically in Civ Pro.

My professor hasn't mentioned a few major cases in Civ Pro from jurisdiction that I know about because of the E&E etc. (supplements which she recommends and tends to teach from.) I've heard differing advice about whether to cite these on the exam or not. Input?

Thanks.

No. Just no.

User avatar
Great Satchmo
Posts: 754
Joined: Mon May 04, 2009 2:34 pm

Re: Citing cases not mentioned in class

Postby Great Satchmo » Tue Oct 25, 2011 1:43 pm

BeachedBrit wrote:Specifically in Civ Pro.

My professor hasn't mentioned a few major cases in Civ Pro from jurisdiction that I know about because of the E&E etc. (supplements which she recommends and tends to teach from.) I've heard differing advice about whether to cite these on the exam or not. Input?

Thanks.


You should explain in your exam how their class was deficient due to the omission of certain case law. That, or you could just write an exam on what the class covers.

Your choice. And hey, this is a great opportunity for you to put into practice those analytic reasoning skills!

User avatar
JazzOne
Posts: 2938
Joined: Tue Sep 09, 2008 11:04 am

Re: Citing cases not mentioned in class

Postby JazzOne » Tue Oct 25, 2011 1:59 pm

I aced a few classes first year, and I definitely cited cases not mentioned in class. That is not to say that I cited them instead of the class cases, but rather, I cited them in addition to the cases discussed in class. I have also cited my professors' law review articles on their exams.

shock259
Posts: 1737
Joined: Tue Jan 19, 2010 2:30 am

Re: Citing cases not mentioned in class

Postby shock259 » Tue Oct 25, 2011 4:35 pm

Just make sure you use proper bluebook form

kaiser
Posts: 2940
Joined: Mon May 09, 2011 11:34 pm

Re: Citing cases not mentioned in class

Postby kaiser » Tue Oct 25, 2011 4:37 pm

I asked this in every core class, and every professor gave the same answer: Unless the case was discussed in class, or at least mentioned in the reading, DO NOT mention it on the exam or cite it as support. But definitely ask your professors, because they might be fine with it. Just don't do it without checking first.

BeachedBrit
Posts: 339
Joined: Tue Apr 14, 2009 10:30 am

Re: Citing cases not mentioned in class

Postby BeachedBrit » Tue Oct 25, 2011 4:44 pm

To those that gave productive answers: thanks.

User avatar
johansantana21
Posts: 855
Joined: Sat Jul 23, 2011 7:11 pm

Re: Citing cases not mentioned in class

Postby johansantana21 » Tue Oct 25, 2011 4:57 pm

JazzOne wrote:I aced a few classes first year, and I definitely cited cases not mentioned in class. That is not to say that I cited them instead of the class cases, but rather, I cited them in addition to the cases discussed in class. I have also cited my professors' law review articles on their exams.


Not sure if serious...

User avatar
Antilles Haven
Posts: 481
Joined: Wed Oct 19, 2011 1:34 am

Re: Citing cases not mentioned in class

Postby Antilles Haven » Tue Oct 25, 2011 5:04 pm

The fact that your professor didn't even mention it in class is a good indication of how much he cares about you knowing it.

User avatar
5ky
Posts: 6384
Joined: Mon Oct 05, 2009 4:10 pm

Re: Citing cases not mentioned in class

Postby 5ky » Tue Oct 25, 2011 5:09 pm

Citing to cases not discussed in class but covered in the reading (substantively or note cases) can be helpful, in my opinion.

User avatar
BarbellDreams
Posts: 2256
Joined: Thu Mar 19, 2009 6:10 pm

Re: Citing cases not mentioned in class

Postby BarbellDreams » Tue Oct 25, 2011 5:24 pm

No, don't cite cases you didn't talk about. It will cure the inability to write a good exam. If you can already write a good exam and can use the cases cited in class effectively you don't need other cases to get an A. Furthermore, I think classes like Civ Pro and Con Law would be the absolute worst classes to cite random cases you haven't talked about.

alabamabound
Posts: 140
Joined: Mon Oct 26, 2009 11:31 pm

Re: Citing cases not mentioned in class

Postby alabamabound » Tue Oct 25, 2011 5:33 pm

5ky wrote:Citing to cases not discussed in class but covered in the reading (substantively or note cases) can be helpful, in my opinion.


I think this might have to do w/ both the prof and the law school you're attending. It's a not a "formula for success" by any means. But if the prof is fine w/ it, this might help you at the margins if done judiciously -- namely, in schools where it can be hard to distinguish yourself curve-wise because everyone is very smart and hard-working

I did very well 1L and didn't hesitate to do this when I thought it would add value. Never asked any prof's about it, but that was admittedly reckless.

shock259
Posts: 1737
Joined: Tue Jan 19, 2010 2:30 am

Re: Citing cases not mentioned in class

Postby shock259 » Tue Oct 25, 2011 5:38 pm

You need to ask your professor. All of my professors have told me that citing cases is a waste of time. From all I have read, most professors do not add points for case citations.

User avatar
AreJay711
Posts: 3406
Joined: Tue Jul 20, 2010 8:51 pm

Re: Citing cases not mentioned in class

Postby AreJay711 » Tue Oct 25, 2011 5:44 pm

I'm sure it depends like people have said but there are ways it can hurt you too.

For example, I didn't get to use this on the exam but I what I think was a pretty good idea in my Torts class was to try to argue that some negligence defenses -- especially assumption of the risk -- should apply to traditional strict liability cases. My reasoning was that the real point of damages (or at least the one my prof put the most stock in) was in deterring certain behaviors and making people think about the consequences of their actions and that goal is just as relevant in strict liability as in negligence cases. Further, we learned about neg defenses in strict products liability. Well lo and behold the restatement third said exactly what I thought made sense 8)

I'm sure I could have found some cases that used the restatement position but just citing some random cases would likely been less useful than using what we did in class to come up with that on my own on the exam.

TL;DR: You can be overly conclusory in dealing with issues by bringing up random cases rather than analyzing them using just what was covered in the class.

User avatar
AlexanderSupertramp
Posts: 167
Joined: Sun Oct 16, 2011 10:30 pm

Re: Citing cases not mentioned in class

Postby AlexanderSupertramp » Tue Oct 25, 2011 6:04 pm

shock259 wrote:You need to ask your professor. All of my professors have told me that citing cases is a waste of time. From all I have read, most professors do not add points for case citations.


Yeah. My Civ. Pro. professor is very weird. There are a few cases that she may have mentioned yet she expected us to mention them on the exam- not in great detail but still mention them. I would not have known to do that if someone who had her last year hadn't told me. It wasn't a citing thing but she wanted stuff like, "Pursuant to Red Cab the amount in controversy is presumed satisfied unless it appears to a legal certainty..." when I know we never covered St Paul Mercury and it isn't even in the casebook. The only reason I even knew about that case is because it's in Glannon.

random5483
Posts: 684
Joined: Sat Mar 20, 2010 8:17 pm

Re: Citing cases not mentioned in class

Postby random5483 » Tue Oct 25, 2011 6:45 pm

Cite cases covered in class. Possibly cite cases in the readings that were not covered in class. Unless you know your professor gives points for citing cases not covered in class or assigned in your readings, you probably should avoid citing them.

dreakol
Posts: 572
Joined: Sat Nov 13, 2010 1:56 pm

Re: Citing cases not mentioned in class

Postby dreakol » Tue Oct 25, 2011 6:57 pm

BeachedBrit wrote:Specifically in Civ Pro.

My professor hasn't mentioned a few major cases in Civ Pro from jurisdiction that I know about because of the E&E etc. (supplements which she recommends and tends to teach from.) I've heard differing advice about whether to cite these on the exam or not. Input?

Thanks.


it's probably better to just cite the supplement

Nucky T
Posts: 4
Joined: Sun Oct 23, 2011 2:55 pm

Re: Citing cases not mentioned in class

Postby Nucky T » Tue Oct 25, 2011 7:20 pm

BeachedBrit wrote:Specifically in Civ Pro.

My professor hasn't mentioned a few major cases in Civ Pro from jurisdiction that I know about because of the E&E etc. (supplements which she recommends and tends to teach from.) I've heard differing advice about whether to cite these on the exam or not. Input?

Thanks.


Most professors expect you to use 1 or 2 or no cases in an exam question (at my school anyway). What they want you to do is apply the black letter law in the way the professor wants - whether you cite cases or not isn't that important.

Thus, it's probably not a good idea to cite cases you didn't study in class. The professors will just assume you got them from some outline, and you won't be earning yourself any points. That said, allowing cases not covered in class to inform your application of what you did study in class, and applying this on the exam, sounds like a smart idea.

User avatar
JazzOne
Posts: 2938
Joined: Tue Sep 09, 2008 11:04 am

Re: Citing cases not mentioned in class

Postby JazzOne » Thu Oct 27, 2011 6:00 pm

johansantana21 wrote:
JazzOne wrote:I aced a few classes first year, and I definitely cited cases not mentioned in class. That is not to say that I cited them instead of the class cases, but rather, I cited them in addition to the cases discussed in class. I have also cited my professors' law review articles on their exams.


Not sure if serious...

I don't fuck around, brah.




Return to “Forum for Law School Students”

Who is online

Users browsing this forum: Bing [Bot], CharlieAvocado, Fed_Atty, gwcolonial24, rockosmodernlife, shineoncrazydiamond, wg6524 and 16 guests