Professor's Rule v. Black Letter Law

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jeffcooon
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Joined: Wed Nov 30, 2016 1:35 pm

Professor's Rule v. Black Letter Law

Postby jeffcooon » Thu Sep 28, 2017 1:32 pm

Hi all,

I just started outlining for one of my classes.

My professor tends to give his own rules for a concept and I'm just wondering on the exam and for outlines, which rule should I apply? professor's rule or black letter law?

For example, when learning res ipsa, black letter law usually states 3 points to apply on the circumstance. But the professor provides 2 points to apply.

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hailcaesar34
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Re: Professor's Rule v. Black Letter Law

Postby hailcaesar34 » Thu Sep 28, 2017 1:34 pm

Professor > BLL. And probably way to early to start outlining but that's just me.

crownjd
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Re: Professor's Rule v. Black Letter Law

Postby crownjd » Thu Sep 28, 2017 2:19 pm

jeffcooon wrote:Hi all,

I just started outlining for one of my classes.

My professor tends to give his own rules for a concept and I'm just wondering on the exam and for outlines, which rule should I apply? professor's rule or black letter law?

For example, when learning res ipsa, black letter law usually states 3 points to apply on the circumstance. But the professor provides 2 points to apply.


ALWAYS Professor's rule. They're going to want to see that rule parrotted back and applied on the exams. When it comes to the Bar, you apply the BLL.

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pancakes3
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Re: Professor's Rule v. Black Letter Law

Postby pancakes3 » Thu Sep 28, 2017 2:52 pm

where are you getting your BLL from?

jeffcooon
Posts: 44
Joined: Wed Nov 30, 2016 1:35 pm

Re: Professor's Rule v. Black Letter Law

Postby jeffcooon » Thu Sep 28, 2017 3:07 pm

pancakes3 wrote:where are you getting your BLL from?


Thanks for replying.

Usually Restatement and Barbri commercial outline

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rpupkin
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Re: Professor's Rule v. Black Letter Law

Postby rpupkin » Thu Sep 28, 2017 3:51 pm

There isn't an objective "black letter law" that exists in the abstract. There are various authorities that seek to define and describe what the law is, and they don't always agree. If your professor's definition or description differs from that of the restatement/treatise/whatever you happen to be looking at, go with your professor's version.

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A. Nony Mouse
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Re: Professor's Rule v. Black Letter Law

Postby A. Nony Mouse » Thu Sep 28, 2017 3:54 pm

jeffcooon wrote:
pancakes3 wrote:where are you getting your BLL from?


Thanks for replying.

Usually Restatement and Barbri commercial outline

yeah, you need to get BLL from your prof, or at least from an outline keyed to your specific textbook, not a generic Barbri outline.

sucsuroc
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Joined: Sat Aug 20, 2011 8:45 pm

Re: Professor's Rule v. Black Letter Law

Postby sucsuroc » Thu Sep 28, 2017 4:19 pm

jeffcooon wrote:Hi all,

I just started outlining for one of my classes.

My professor tends to give his own rules for a concept and I'm just wondering on the exam and for outlines, which rule should I apply? professor's rule or black letter law?

For example, when learning res ipsa, black letter law usually states 3 points to apply on the circumstance. But the professor provides 2 points to apply.


The concept of "black letter law" doesn't really apply to something developed primarily in caselaw. Also, and more importantly, you really don't need to outline in September because you don't know enough yet to make the exercise useful.

jeffcooon
Posts: 44
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Re: Professor's Rule v. Black Letter Law

Postby jeffcooon » Fri Sep 29, 2017 9:32 am

Got it! Professors Rule > BLL

Thanks all :D




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