Professor's alternative theories Forum

[BCLS]

Usually after taking about a case, such as Acme Mills, my professor will offer her alternative theories involving facts not explicitly mentioned in the case to justify a party taking a particular action. Is it necessary to outline these? Seems like if you just get the rule from the case and know how to apply it you should be fine.

[dakatz]

I would definitely keep track of such thoughts from the professor. He/she is essentially telling you how to handle altered fact patterns (sort of like those on exams) by providing how he/she would approach this new situation. It certainly can't hurt to keep track of. These alternate theories help define the line, so to speak, of what the rule actually is.

[BCLS]

I would definitely keep track of such thoughts from the professor. He/she is essentially telling you how to handle altered fact patterns (sort of like those on exams) by providing how he/she would approach this new situation. It certainly can't hurt to keep track of. These alternate theories help define the line, so to speak, of what the rule actually is.

yeah thats true. I'll keep that in mind!

[Wavelet]

Look over your professor's old exams (if that's not possible, talk to 2Ls who have had him). What you should emphasize in your studying and outlining completely depends on how and on what you are going to be tested.

[BCLS]

Good idea. Is it too early to go to the lib and ask for an exam?

[Cavalier]

Usually after taking about a case, such as Acme Mills, my professor will offer her alternative theories involving facts not explicitly mentioned in the case to justify a party taking a particular action. Is it necessary to outline these?

Yes! Knowing an alternative explanation for the holding of the case will potentially enable you to make a strong argument on the exam if similar facts are presented. Your classmates will write "Plaintiff will win on this issue because of Acme Mills," while you'll be able to write "Plaintiff may argue that the court should follow Acme Mills, but the defendant will respond that Acme Mills was decided that way only because the judge was allergic to wheat, which is presumably not the case here."

I'm obviously simplifying the example arguments, but you should get the point.

[BCLS]

Thanks to you all!