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Which law do you learn? Only the majority?
Posted: Wed Jun 15, 2016 3:55 am
by ok2bedifferent
I find that the long outlines often include majority law, minority law, and restatements. Are you only learning the majority law?
Re: Which law do you learn? Only the majority?
Posted: Wed Jun 15, 2016 4:05 am
by Catsinthebag
ok2bedifferent wrote:I find that the long outlines often include majority law, minority law, and restatements. Are you only learning the majority law?
No.
Re: Which law do you learn? Only the majority?
Posted: Wed Jun 15, 2016 4:57 am
by rcharter1978
ok2bedifferent wrote:I find that the long outlines often include majority law, minority law, and restatements. Are you only learning the majority law?
Thats what I mostly learned for the essays. And I think the majority law what you should know best, even in terms of the MBE. I don't remember many questions asking to apply the minority view. Of course you should learn the law where there is a substantial minority split, but if you're getting towards the end and desperate, i would focus on the majority law.
Re: Which law do you learn? Only the majority?
Posted: Wed Jun 15, 2016 3:22 pm
by myrtlewinston
Focussing on the majority. Head can only contain so much,
Re: Which law do you learn? Only the majority?
Posted: Wed Jun 15, 2016 3:35 pm
by kellyfrost
For testing purposes it is probably important to really learn the majority well, but also have a functional understanding of the minority.
Re: Which law do you learn? Only the majority?
Posted: Wed Jun 15, 2016 5:23 pm
by ok2bedifferent
rcharter1978 wrote:I don't remember many questions asking to apply the minority view
[/quote]
How would the minority view be raised in the MBE? Would it be phrased as "UNDER THE MINORITY view, ...."?
Re: Which law do you learn? Only the majority?
Posted: Wed Jun 15, 2016 5:32 pm
by HonestAdvice
The February MBE had a number of questions that required you to know Turkish law so definitely so you'll want to have at least some exposure to Turkish CL throughout your studying.
Re: Which law do you learn? Only the majority?
Posted: Wed Jun 15, 2016 6:02 pm
by rcharter1978
ok2bedifferent wrote:rcharter1978 wrote:I don't remember many questions asking to apply the minority view
How would the minority view be raised in the MBE? Would it be phrased as "UNDER THE MINORITY view, ...."?[/quote]
I think they could raise it by asking you to answer under common law when the majority view isn't the same, it certainly wouldn't be phrased "under the minority view" Or, I guess they could ask you to apply a particular theory....such primary rights for a cause of action.
Re: Which law do you learn? Only the majority?
Posted: Wed Jun 15, 2016 6:03 pm
by rcharter1978
HonestAdvice wrote:The February MBE had a number of questions that required you to know Turkish law so definitely so you'll want to have at least some exposure to Turkish CL throughout your studying.
True, but those are trick questions, as the answer is always D, because it is the only letter of the alphabet recognized in Turkish law.
Re: Which law do you learn? Only the majority?
Posted: Wed Jun 15, 2016 10:13 pm
by LionelHutzJD
It can be tested as an answer choice. For example, a correct answer to one of the Barbri questions on Mortgages was "Yes, if the jurisdiction followed the title theory of mortgages." The title theory is a minority view.
Re: Which law do you learn? Only the majority?
Posted: Wed Jun 15, 2016 10:49 pm
by BNA
LionelHutzJD wrote:It can be tested as an answer choice. For example, a correct answer to one of the Barbri questions on Mortgages was "Yes, if the jurisdiction followed the title theory of mortgages." The title theory is a minority view.
This is terrifying
Re: Which law do you learn? Only the majority?
Posted: Thu Jun 16, 2016 1:36 am
by anon sequitur
I always put majority/minority view into normal approach/stupid approach. Easier to learn if I always concentrated on why the majority view made sense and the minority view was a stupid way for the law to be.