bananapeanutbutter wrote:LazinessPerSe wrote:Jsa725 wrote:LazinessPerSe wrote:Dukeminier. The outlines follow the Property E&E closely.
Nice! ty ty
I really didn't rely too much on the casebook. The E&E was what I really worked out of to get an A.
We have a closed book property exam, and I feel like memorizing how to apply law to fact is significantly easier than memorizing cases. Our professor goes hyper-detailed into the facts of cases in cold calls, but does lecture BLL and expressly said that we only have to know what the cases stand for....... I mention all this because the E&E has no cases in it. If I have a very good understanding of the doctrine, and can get the E&E problems right, would that generally be sufficient?
Our professor is definitely a little eccentric, but not too weird and very practical + real world smart so is it a safe bet to not stress about cases?
The usefulness of any case is that it's a hypo that has an answer. On the exam, you may find it logical to argue by analogy on why a hypo is/is not like a case. That's where knowing the facts helps. The goal is to know why those facts resulted in a ruling. You then use the court's analysis on the exam hypo. Analogy is not the only way to argue, but it is particularly effective.
As far as not using any cases/just E&E BLL, it really depends on your peers. I would caution you against limiting your toolbox to just arguing the BLL. You absolutely want to get that method of arguing down (i.e., what the elements of capture are / how you prove each element), but you may also want to use a case to augment this analysis (i.e., analogizing that a hypo contains fraud/misrepresentation similar to the ghost house case).
Full disclosure, I went to a TTTT for 1L before transferring to a T30. My 1L class had trouble remembering how many elements there were to a tort and that you can't just say "it's clearly a battery". They went full retard on exams for the most part.. I skated through just using E&E analysis. At my T30, I've had to use all the tools available (analogy/policy/BLL) to maintain good grades.
