A thought about cases

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splittermcsplit88
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A thought about cases

Postby splittermcsplit88 » Tue Oct 16, 2012 6:22 pm

My professor gave me a case that doesn't seem to necessarily help the issue at hand. It doesn't discuss the issue, although it mentions it. I know this can happen in real life as well where judges don't explain their rationale for every view. Is there a mindset I should be adopting? I know the prof. didn't give it to us without a purpose, and I'm thinking that I need to learn to formulate a rule with the contextual facts. Any thoughts?

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ph14
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Re: A thought about cases

Postby ph14 » Tue Oct 16, 2012 6:30 pm

splittermcsplit88 wrote:My professor gave me a case that doesn't seem to necessarily help the issue at hand. It doesn't discuss the issue, although it mentions it. I know this can happen in real life as well where judges don't explain their rationale for every view. Is there a mindset I should be adopting? I know the prof. didn't give it to us without a purpose, and I'm thinking that I need to learn to formulate a rule with the contextual facts. Any thoughts?


Not every case is necessarily the same. It might just be an oddball case the professor assigned to show historical development, etc. Not every case is as important for the final as every other.

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dingbat
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Re: A thought about cases

Postby dingbat » Tue Oct 16, 2012 6:31 pm

splittermcsplit88 wrote:My professor gave me a case that doesn't seem to necessarily help the issue at hand. It doesn't discuss the issue, although it mentions it. I know this can happen in real life as well where judges don't explain their rationale for every view. Is there a mindset I should be adopting? I know the prof. didn't give it to us without a purpose, and I'm thinking that I need to learn to formulate a rule with the contextual facts. Any thoughts?

the mindset to adopt is that you need to figure out why the professor wants you to read the case.
Sometimes the case is right, sometimes it's wrong, but there's always a reason why it's been assigned.

If you can't figure out the rationale, pay close attention in class when it's discussed

edit: you might want to check the key notes on westlaw. If that doesn't help, find a brief on google

swimmer11
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Re: A thought about cases

Postby swimmer11 » Tue Oct 16, 2012 6:49 pm

dingbat wrote:
splittermcsplit88 wrote:My professor gave me a case that doesn't seem to necessarily help the issue at hand. It doesn't discuss the issue, although it mentions it. I know this can happen in real life as well where judges don't explain their rationale for every view. Is there a mindset I should be adopting? I know the prof. didn't give it to us without a purpose, and I'm thinking that I need to learn to formulate a rule with the contextual facts. Any thoughts?

the mindset to adopt is that you need to figure out why the professor wants you to read the case.
Sometimes the case is right, sometimes it's wrong, but there's always a reason why it's been assigned.

If you can't figure out the rationale, pay close attention in class when it's discussed

edit: you might want to check the key notes on westlaw. If that doesn't help, find a brief on google



Why do you need to figure out why the professor chose you to read those cases? Does it help you figure out how to make argument that he will like or prefer? Are they good for policy rationales?

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dingbat
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Re: A thought about cases

Postby dingbat » Tue Oct 16, 2012 7:18 pm

swimmer11 wrote:
dingbat wrote:
splittermcsplit88 wrote:My professor gave me a case that doesn't seem to necessarily help the issue at hand. It doesn't discuss the issue, although it mentions it. I know this can happen in real life as well where judges don't explain their rationale for every view. Is there a mindset I should be adopting? I know the prof. didn't give it to us without a purpose, and I'm thinking that I need to learn to formulate a rule with the contextual facts. Any thoughts?

the mindset to adopt is that you need to figure out why the professor wants you to read the case.
Sometimes the case is right, sometimes it's wrong, but there's always a reason why it's been assigned.

If you can't figure out the rationale, pay close attention in class when it's discussed

edit: you might want to check the key notes on westlaw. If that doesn't help, find a brief on google



Why do you need to figure out why the professor chose you to read those cases? Does it help you figure out how to make argument that he will like or prefer? Are they good for policy rationales?

I presume you're 0L. Let me explain.

The law generally isn't as simple as "if the coin lands with the side showing a picture up top it's heads, otherwise tails". Even though the rules might be straightforward, invariably there are nuances.

For example, In order for a contract to be enforceable, both sides must intent to make a contract (among other requirements)

2 people are in a bar and had a few drinks. 1 person says I bet you wouldn't sell your house for $X (a substantial amount) and the other person says he will. They then write on the back of a napkin the house and the purchase price and they both signed (he even got his wife to sign)
Is that a valid contract, or was it just a joke?

So, the reason we're reading the case is to figure out whether a contract is formed if one person doesn't intend to contract (he thinks it's in jest), but acts in a manner that the other person could think his intentions are genuine

The answer is, if someone is acting like he intends to make a contract, then the contract becomes enforceable

TLSwag
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Re: A thought about cases

Postby TLSwag » Fri Oct 19, 2012 12:45 am

dingbat wrote:
swimmer11 wrote:
dingbat wrote:
splittermcsplit88 wrote:My professor gave me a case that doesn't seem to necessarily help the issue at hand. It doesn't discuss the issue, although it mentions it. I know this can happen in real life as well where judges don't explain their rationale for every view. Is there a mindset I should be adopting? I know the prof. didn't give it to us without a purpose, and I'm thinking that I need to learn to formulate a rule with the contextual facts. Any thoughts?

the mindset to adopt is that you need to figure out why the professor wants you to read the case.
Sometimes the case is right, sometimes it's wrong, but there's always a reason why it's been assigned.

If you can't figure out the rationale, pay close attention in class when it's discussed

edit: you might want to check the key notes on westlaw. If that doesn't help, find a brief on google



Why do you need to figure out why the professor chose you to read those cases? Does it help you figure out how to make argument that he will like or prefer? Are they good for policy rationales?

I presume you're 0L. Let me explain.

The law generally isn't as simple as "if the coin lands with the side showing a picture up top it's heads, otherwise tails". Even though the rules might be straightforward, invariably there are nuances.

For example, In order for a contract to be enforceable, both sides must intent to make a contract (among other requirements)

2 people are in a bar and had a few drinks. 1 person says I bet you wouldn't sell your house for $X (a substantial amount) and the other person says he will. They then write on the back of a napkin the house and the purchase price and they both signed (he even got his wife to sign)
Is that a valid contract, or was it just a joke?


So, the reason we're reading the case is to figure out whether a contract is formed if one person doesn't intend to contract (he thinks it's in jest), but acts in a manner that the other person could think his intentions are genuine

The answer is, if someone is acting like he intends to make a contract, then the contract becomes enforceable


Ah, good old W.O. Lucy. Don't forget he was "high as a Georgia Pine" - cleary a legally significant fact.

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3|ink
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Re: A thought about cases

Postby 3|ink » Fri Oct 19, 2012 1:00 pm

I had a professor who did this all of the time. Sucked.




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