Tuesday, November 30, 2010

November 30, 2010

POS 282--Introduction to American Law
In class today, Tuesday 11/30, I distributed two handouts; a comment key to the Dworman brief, and an excerpt from the Maine Rules of Civil Procedure regarding service of process. I handed back the Dworman, case briefs, and we went over them. The class did evaluations of me. Then we finished the last two cases in Chapter 4, Kopp and Gebbia. We got through the Salmon case on p. 192 of the text. We will pick up with Dorsey case, p.199, which was previously assigned. I would like you to read over the Maine Rules of Civil Procedure excerpt, and be prepared to discuss how the Dorsey case would have come out in Maine. The additional reading assignment for Thursday 12/2 is to read through p. 214 of the text.

Tuesday, November 23, 2010

November 23, 2010

POS 282--Introduction to American Law
In class today, Tuesday 11/23, I collected the Dworman case briefs, and we spent most of the class going over them. I distributed one handout, which was my own version of that case brief. I will return Dworman when we get back from Thanksgiving break. I also discussed one recent federal court case applying Dworman, Tidwell v. Zawacki, 645 F. Supp 2d 7 (D. Me. 2009). Finally, we went over the Ruhrgas v. Marathon Oil case. I had previously assigned the last two unread cases from Chapter 4, Kopp and Gebbia, and we will begin with those two when we resume next week. The additional assignment for Tuesday 11/30 is to read pp. 189-202 of the text. I hope that you all have a good Thanksgiving.

Thursday, November 18, 2010

November 18, 2010

POS 282 --Introduction to American Law
In class today, Thursday 11/18, we began with questions about the case brief assignment for next Tuesday. We went over the Bohlander case, and then I also discussed two Maine cases regarding personal jurisdiction, Bickford v. Onslow Memorial Hospital and Von Schack v. Von Schack. We began our discussion of Ruhrgas v. Marathon. The assignment for Tuesday 11/23 is to do the Dworman case brief assigned on Tuesday. Once you finish that case brief, to the extent you have time, read the two remaining (previously unassigned) Chapter 4 textbook cases, Kopp v. Kopp and Gebbia v. Walmart.

Tuesday, November 16, 2010

November 16, 2010

POS 282--Introduction to American Law
In class today, Tuesday 11/16, I distributed one handout, the next case brief assignment, which is reproduced below. We started into the concepts of Chapter 4 of the text. I talked about a U.S. Supreme Court case, Burch v. Louisiana, which limited the rights of states to reduce the size and unanimity of juries in felony trials. We compared the federal and Maine requirements for jury size and unanimity. We discussed subject matter jurisdiction and the Edwards case from the text, and we will pick up with the Bohlander case on p. 162. The assignment for Thursday 11/18 is to start on the case brief assignment.

Assignment due Tuesday, November 23, 2010

The assignment is to do a Case Brief of the case of Commerce Bank and Trust v. Dworman, 2004 ME 142, 861 A.2d 662 . The case can be found on the website of the Maine Supreme Court.

To access the case, go to

http://www.courts.state.me.us/opinions/supreme/index.html

--select “2004 Opinions”

--select 2004 ME 142, Commerce Bank v. Dworman.

Brief all of the issues that you determine that the Court ruled on.

Follow the format from the Sample Briefs that I’ve distributed. Note especially that the Facts, Issues, and Holding are copied and pasted. Whatever you put into the Fact section should appear exactly in your Issue and Holding sections as well. Your Issue and Holding sections should be identical, except that the issue is a question, and the Holding is the answer to that question. Your briefs will be evaluated on the format, as well as the specific content.

Please make two copies of your brief, one to hand in at the beginning of class, and the other for you to have during class for our discussion.

You may e-mail me if you have questions about the brief. The more time that I have to answer our questions, the more likely it is that i can be helpful.

If you cannot be in class on Tuesday 11/ 23, you should still e-mail me your brief by the beginning of class time. If you do that, you will not have any grade deducted from your grade for the brief. If you do not, you should still contact me as soon as possible to see what options are available to you. (Generally, I do not want to accept assignments after we have discussed them in class). See the Syllabus for the class rules regarding late papers. Remember to work by yourselves; do not collaborate.

IMPORTANT: If you e-mail your brief to me, I will reply to confirm that I have received your assignment. If I do not reply, then I have not received the assignment.

Thursday, November 11, 2010

November 11, 2010

POS 282--Introduction to American Law
In class today, Thursday 11/11, I distributed one handout, a set of federal and Maine statutes regarding juries, long-arm statutes, and full faith and credit for gay marriages. The class chose to do another case brief as our third written assignment. I'll plan on distributing that assignment on Tuesday 11/16, with a due date of Tuesday 11/23 (the class before Thanksgiving).
We finished our discussion of conflict of laws by going over the Maine contract case of Schroeder v. Rynel. Then we discussed the Full Faith and Credit clause by looking at the federal and Maine same-sex marriage statutes, and going over the Karstetter case from the text. We will launch into Chapter 4 of the text next week. The assignment for Tuesday 11/16 is to read through p. 173 of the text.

Tuesday, November 9, 2010

November 9, 2010

POSA 282--Introduction to American Law
In class today, Tuesday 11/9, I first handed back the Jeremiah T. case briefs. I also distributed two handouts, the case brief comment key, and my own version of the case brief. We then launched into a discussion of conflict of law rules, going over the Hubbard case from p. 140 and the Land case from p. 180. In discussing the Land case, I also went over the two bases of Federal Court jurisdiction, federal question jurisdiction and diversity jurisdiction. I also went over two Maine cases regarding conflict of law rules, Collins v. Trius and Flaherty v. Allstate. The assignment for Thursday, 11/11 is to read through p. 161 of the text.

Friday, November 5, 2010

November 4, 2010

POS 282--Introduction to American Law
In class today, Thursday 11/4, I collected the Jeremiah T. case briefs, and we went over them. I will return them on Tuesday. The assignment for Tuesday 11/9 is to read in the text pp. 140-149, 159-161. and 179-182.

Tuesday, November 2, 2010

November 2, 2010

POS 282--Introduction to American Law
In class today, Tuesday 11/2, I first took questions about the Jeremiah T. case brief, which is due on Thursday. We went over the Apsey case and the Michigan Supreme Court case that reversed the opinion Court of Appeals case that is in our text. We also covered the Strunk case. The assignment for Thursday November 4 is to complete the Jeremiah T. brief assigned last week. The brief is due at the beginning of class on Thursday. Please also read the Hubbard case which starts on p. 140 of the text, but only if you have time after you finish the case brief.