BLL with Defenses/Exception/Counter Premises

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Dixie
Posts: 18
Joined: Sat Mar 16, 2013 1:52 pm

BLL with Defenses/Exception/Counter Premises

Postby Dixie » Thu Oct 10, 2013 2:46 pm

With the 1st semester about half complete, I am still having difficulty finding/creating a product to help with my analysis. There simply doesn't seem to be enough time in the day to accomplish my goals. Below are my specifics.

I am taking
Property
Contract
Civ Pro
Torts-Negligence Only

The only class I am really comfortable with is Civ Pro. For the other classes, I am trying to map out Rules(BLL) vs Exceptions/ Counter-rules, arguments vs counter arguments, and defenses. I am trying to breaking it down per specific elements and factors- i.e, to defeat adverse possession one must disprove only one element. Also, things like shifting burdens in torts and defeating specific factors and principles in negligence.

Please....I am open to any help or suggestions from the everyone.

WinbyLazy
Posts: 27
Joined: Mon Aug 26, 2013 2:01 pm

Re: BLL with Defenses/Exception/Counter Premises

Postby WinbyLazy » Thu Oct 10, 2013 5:05 pm

Get a 2L or 3L's outline. Or check out Black Letter Outlines through WL supplements. Also, using E&Es helped me identify counter-arguments and exceptions for main rules. Remember that whatever your professor's word is god, so whatever he says the rule is, that's exactly what it is.

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gdane
Posts: 12423
Joined: Sat Sep 26, 2009 2:41 pm

Re: BLL with Defenses/Exception/Counter Premises

Postby gdane » Thu Oct 10, 2013 6:29 pm

Wtf are you talking about? Shifting burdens? Counters and defenses in torts? Was there a duty, was there a breach, was there causation (this is a huge "defense"), was there comparative/contributory negligence?

Dixie
Posts: 18
Joined: Sat Mar 16, 2013 1:52 pm

Re: BLL with Defenses/Exception/Counter Premises

Postby Dixie » Thu Oct 10, 2013 7:37 pm

gdane wrote:Wtf are you talking about? Shifting burdens? Counters and defenses in torts?


I just finished the LEEWS disks and he expresses the need to replace plaintiff and defendant for movant and respondent. The shift burdens relates to arguing each side.

I get the basics...what I am seeking is a more in depth road map for countering premises. However, because hypos are so fact dependent, I think its safe to presume there isn't a product like this.

Thanks for the suggestion WinbyLazy.

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gdane
Posts: 12423
Joined: Sat Sep 26, 2009 2:41 pm

Re: BLL with Defenses/Exception/Counter Premises

Postby gdane » Thu Oct 10, 2013 10:19 pm

Yea you're completely right in that there are shifting burdens and whatnot but this stuff in all likelihood isn't what your professor is looking for. This is all just technical procedural stuff that really isn't what you'll be tested on in a torts exam. Focus on the law.




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