Q About Restatements

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sandwiches5000
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Q About Restatements

Postby sandwiches5000 » Sun Jul 08, 2012 4:34 pm

Hello. This is kind of stupid.. But I'm going kind of crazy because I see certain sections of the Restatement (in this case, of Contracts,) referred to in my case book but they do not exist. I assumed maybe it was just the somewhat shortened version I found online but then I checked Lexis and came up with the same thing. For instance, I'm looking for Restatement (Second) Section 78 of found sections 77 and 79. No 78.

what. the.

Also, another q- What is the extent to which profs typically want specific Restatement sections cited on exams?

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PinkCow
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Re: Q About Restatements

Postby PinkCow » Sun Jul 08, 2012 5:01 pm

Dear Lord. Are you a 0L

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Icculus
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Re: Q About Restatements

Postby Icculus » Sun Jul 08, 2012 5:13 pm

PinkCow wrote:Dear Lord. Are you a 0L


If you are an 0L, which I am guessing is a yes, relax and enjoy the summer. Your proof will let you know what he/she wants. For example, my prof lover the restatements, but I know many others use the UCC, which my prof basically ignored.

If you are not an 0L, I don't know why this is coming up in July, but just ask your prof. And yes there is a Restatement 78:

Insufficiency Of A Promise As Consideration When Its Performance Would Be Insufficient

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Verity
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Re: Q About Restatements

Postby Verity » Sun Jul 08, 2012 5:17 pm

Unless your prof explicitly tells you to cite the RS, you don't have to. A quick "(RS Sec. 78)" will do if you think it's appropriate.

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sandwiches5000
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Re: Q About Restatements

Postby sandwiches5000 » Sun Jul 08, 2012 7:55 pm

No. I'm not a 0L. I'm a 1L summer starter (U of M.) Sorry I know how dumb my q was but I must have gotten a summary of the most "important" Restatement sections because I got it for free online.

I'm a tad burnt out because I spent all day working on my outline for Contracts. My apologies. I know there is a Restatement 78 because it was referred to in my casebook and I have the basic gist of it but it was not in the version of RST Contracts that I had.

I just wasn't sure how much of the Restatement we really should include in our outline...

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bk1
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Re: Q About Restatements

Postby bk1 » Sun Jul 08, 2012 8:13 pm

sandwiches5000 wrote:No. I'm not a 0L. I'm a 1L summer starter (U of M.) Sorry I know how dumb my q was but I must have gotten a summary of the most "important" Restatement sections because I got it for free online.

I'm a tad burnt out because I spent all day working on my outline for Contracts. My apologies. I know there is a Restatement 78 because it was referred to in my casebook and I have the basic gist of it but it was not in the version of RST Contracts that I had.

I just wasn't sure how much of the Restatement we really should include in our outline...


It depends on your prof. In my Ks prof's class, the R2C provisions we covered were the law (in addition to the cases and UCC provisions we covered). Ask people who have had your prof before or ask your prof directly.

You can look up all the RSTs on Lexis/Westlaw.

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Icculus
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Re: Q About Restatements

Postby Icculus » Sun Jul 08, 2012 8:24 pm

bk1 wrote:
sandwiches5000 wrote:No. I'm not a 0L. I'm a 1L summer starter (U of M.) Sorry I know how dumb my q was but I must have gotten a summary of the most "important" Restatement sections because I got it for free online.

I'm a tad burnt out because I spent all day working on my outline for Contracts. My apologies. I know there is a Restatement 78 because it was referred to in my casebook and I have the basic gist of it but it was not in the version of RST Contracts that I had.

I just wasn't sure how much of the Restatement we really should include in our outline...


It depends on your prof. In my Ks prof's class, the R2C provisions we covered were the law (in addition to the cases and UCC provisions we covered). Ask people who have had your prof before or ask your prof directly.

You can look up all the RSTs on Lexis/Westlaw.


bk is right on here. My prof loved the restatements but we just needed to refer to the subsection not the actual writing. I only knew this because our TA told us. If you have a TA go to him/her first, if that fails go to a student who had the prof. Just as an added piece of advice, don't freakout too much about finals until you get a little closer to them as most of the synthesis of the material comes towards the end when you actually know most of the law. Honestly, in many of my classes I didn't get that eureka moment until I was putting outlines together during the last part of the course and it all kind of came together.

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bk1
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Re: Q About Restatements

Postby bk1 » Sun Jul 08, 2012 8:39 pm

Just a heads up: since you're a law student you probably want to ask these sorts of questions in the law student subforum rather than the law applicant subforum. I've moved this thread for you.

paulinaporizkova
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Re: Q About Restatements

Postby paulinaporizkova » Sun Jul 08, 2012 8:45 pm

this is painful, stop now plz

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ilovesf
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Re: Q About Restatements

Postby ilovesf » Sun Jul 08, 2012 8:48 pm

My prof didn't require us to cite to the restatement, but since it was an open book test, I cited to it for everything. He would always says "you don't have to cite to this, but it's nice if you can provide as much detail as possible" which basically means cite to it if you want to do well. He is the kind of prof that just wants as much as possible, so it depends on what your prof is like. You can really only get that sense from doing a practice exam and talking about it with him, asking 2Ls, or looking at model answers online. Even when discussing something under the UCC, sometimes I still mentioned the R and contrasted the different outcomes, and said that the UCC was controlling. If you have a closed book test I wouldn't go that route because memorizing these things will take up too much time.

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sandwiches5000
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Re: Q About Restatements

Postby sandwiches5000 » Sun Jul 08, 2012 9:18 pm

paulinaporizkova wrote:this is painful, stop now plz


how?

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sandwiches5000
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Re: Q About Restatements

Postby sandwiches5000 » Sun Jul 08, 2012 9:22 pm

okay... thank you everyone for your input. finals are a month and a half away for me but i don't want to get too overwhelmed too close to the exam and want to have time to read other materials.

The Duck
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Re: Q About Restatements

Postby The Duck » Sun Jul 08, 2012 10:38 pm

sandwiches5000 wrote:No. I'm not a 0L. I'm a 1L summer starter (U of M.) Sorry I know how dumb my q was but I must have gotten a summary of the most "important" Restatement sections because I got it for free online.

I'm a tad burnt out because I spent all day working on my outline for Contracts. My apologies. I know there is a Restatement 78 because it was referred to in my casebook and I have the basic gist of it but it was not in the version of RST Contracts that I had.

I just wasn't sure how much of the Restatement we really should include in our outline...


If you have JJ, plan to cite but not quote each section. If the UCC is applicable, cite it and not the restatement. Also, you really want the printed version for the exam. Just fork over the $$.

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JusticeHarlan
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Re: Q About Restatements

Postby JusticeHarlan » Mon Jul 09, 2012 5:59 am

sandwiches5000 wrote:I'm a tad burnt out because I spent all day working on my outline for Contracts.
sandwiches5000 wrote:finals are a month and a half away for me

--ImageRemoved--

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sandwiches5000
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Re: Q About Restatements

Postby sandwiches5000 » Wed Jul 11, 2012 11:37 am

The Duck wrote:
sandwiches5000 wrote:No. I'm not a 0L. I'm a 1L summer starter (U of M.) Sorry I know how dumb my q was but I must have gotten a summary of the most "important" Restatement sections because I got it for free online.

I'm a tad burnt out because I spent all day working on my outline for Contracts. My apologies. I know there is a Restatement 78 because it was referred to in my casebook and I have the basic gist of it but it was not in the version of RST Contracts that I had.

I just wasn't sure how much of the Restatement we really should include in our outline...


If you have JJ, plan to cite but not quote each section. If the UCC is applicable, cite it and not the restatement. Also, you really want the printed version for the exam. Just fork over the $$.


Hmm. Yeah, thought about that. My roommate had JJ and said she had to get the printed version. I don't have him though, I have Pottow.




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