How to handle Gasperini

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Joined: Wed Sep 06, 2017 11:40 pm

How to handle Gasperini

Postby zilladilla » Fri Nov 24, 2017 7:27 pm

So my 1l civ pro teacher is rumored to base a decent part of the essay exam on a fact pattern requiring a Gasperini analysis. I'm pretty well off w/ everything Erie (Byrd, Hanna, etc) and how to apply those rules to a fact pattern. I'm a little confused on how to attack a fact pattern w/ Gasperini in mind. If anyone has had to use Gasperini to analyze a fact pattern for an exam before, could you explain how you did that?


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Re: How to handle Gasperini

Postby cavalier1138 » Fri Nov 24, 2017 8:24 pm

Look at the fact pattern. Think of what happens if you apply the state rules. Think of what happens if you apply the federal rules. Then say, "To hell with it," and create an unholy hybrid of the two. On the other side, write a counter-argument frothing at the mouth about the Constitution and the lack of judicial authority to create law out of whole cloth.


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Re: How to handle Gasperini

Postby kay12345 » Fri Nov 24, 2017 11:14 pm

Read the Erichson Understanding Civ Pro personal jurisdiction chapter at least 3 times. Worth every penny.

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