POS 282--Introduction to American law
In class today, Thursday
12/13, we went over the first two cases in Chapter 7. The exam on
Tuesday will cover through those two cases, then. We also discussed the
Maine statutory provisions of "wrongful birth" (from a handout given
out last week), and I also talked about a 1995 Maine Supreme Court
opinion,Thibeault v. Larson, 666 A.2d 112. On Tuesday, 12/18 we will have our exam at 2:45, which exam will last just a class period, 75 minutes.
Thursday, December 13, 2007
Tuesday, December 11, 2007
December 11, 2007
POS 282--Introduction to American Law
In class today, Tuesday 12/11,
I distributed 2 handouts: one was the comment key to the Campbell case,
and the other concerned the logic used in the Jeweler Insurance case at
the end of Chapter 6. We discussed the Campbell case and the logical
problem. On Thursday, 12/13 we will discuss the cases from the
beginning of Chapter 7 of the text.
In class today, Tuesday 12/11,
I distributed 2 handouts: one was the comment key to the Campbell case,
and the other concerned the logic used in the Jeweler Insurance case at
the end of Chapter 6. We discussed the Campbell case and the logical
problem. On Thursday, 12/13 we will discuss the cases from the
beginning of Chapter 7 of the text.
Thursday, December 6, 2007
December 6, 2007
POS 282--Introduction to American Law
In class today, Thursday 12/6,
I first collected the Campbell case briefs which I will return on
Tuesday. The class then filled out evaluations of the course. Then we
finished our discussion of Chapter 6. I distributed one handout, the
Maine statute regarding "wrongful birth", which we will discuss on
Tuesday 12/11. The assignment for Tuesday 12/11 is to read and prepare
to discuss Chapter 7.
In class today, Thursday 12/6,
I first collected the Campbell case briefs which I will return on
Tuesday. The class then filled out evaluations of the course. Then we
finished our discussion of Chapter 6. I distributed one handout, the
Maine statute regarding "wrongful birth", which we will discuss on
Tuesday 12/11. The assignment for Tuesday 12/11 is to read and prepare
to discuss Chapter 7.
Tuesday, December 4, 2007
December 3, 2007
POS 282--Introduction to American Law
The University has cancelled all classes for today Tuesday 12/3, that start before 10:00 a.m., and so our class is cancelled for today. Our next class meeting will be Thursday 12/5.
The case brief that is due Thursday will still be due Thursday. I have had some email questions from students about the brief, and so I thought that some suggestions might be helpful to you.
First, there have been questions about the "under what law" segment of the issue. The laws that are providing the rule in this case are the principles of equity, or the equitable rules regarding specific performance.
The major difficulties have been identifying the operative legal questions, and the key facts that go with them. My suggestion is to read the case paragraph by paragraph, and try to identify what question the court is dealing with in each paragraph. There is more than one issue in the case, and so look for the specific legal questions that the court faces. Reading the rest of the chapter regarding equity, equitable principles, and the preconditions to the exercise of equity should be useful. Ask yourself what the pre-conditions are before the court will impose equitable remedies, and what conditions might also preclude the court's imposition of equitable remedies.
Once you have identified those operative legal questions, the Facts you need will be those that answer the question, "under what circumstances (Facts) will this be the outcome regarding this legal question?". The Facts in this case are actual conditions that exist in the world, not the procedural stuff that has happened in court.
I hope that this is helpful. Feel free to e-mail me if you have questions. See you Thursday
The University has cancelled all classes for today Tuesday 12/3, that start before 10:00 a.m., and so our class is cancelled for today. Our next class meeting will be Thursday 12/5.
The case brief that is due Thursday will still be due Thursday. I have had some email questions from students about the brief, and so I thought that some suggestions might be helpful to you.
First, there have been questions about the "under what law" segment of the issue. The laws that are providing the rule in this case are the principles of equity, or the equitable rules regarding specific performance.
The major difficulties have been identifying the operative legal questions, and the key facts that go with them. My suggestion is to read the case paragraph by paragraph, and try to identify what question the court is dealing with in each paragraph. There is more than one issue in the case, and so look for the specific legal questions that the court faces. Reading the rest of the chapter regarding equity, equitable principles, and the preconditions to the exercise of equity should be useful. Ask yourself what the pre-conditions are before the court will impose equitable remedies, and what conditions might also preclude the court's imposition of equitable remedies.
Once you have identified those operative legal questions, the Facts you need will be those that answer the question, "under what circumstances (Facts) will this be the outcome regarding this legal question?". The Facts in this case are actual conditions that exist in the world, not the procedural stuff that has happened in court.
I hope that this is helpful. Feel free to e-mail me if you have questions. See you Thursday
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