POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Friday 1/29, I distributed two handouts: some hypothetical variations of the facts in Warren v. Reis, and a selection of quotations from three Maine cases that touched on the defense that Reis tried unsuccessfully to run (that an oral contract is void and unenforceable). We finished our review of the Warren case brief, and the format for the case briefs that you'll be producing. I talked about the concept of res judicata, proper Maine statutory citation form, and also legal research through LEXIS working from statute to case law. We ran through the variations in my hypotheticals, asking at what point the other side would be sufficiently alerted, and whether Reis' problem was more one of timing, or of bulk of argument. We then started examining the question of what the result would have been if Reis' issue had been properly raised, and talked about the concept of unenforceable contracts. We looked at the remedies in the HCCA itself, and we started looking at the private remedies available under the Maine Unfair Trade Practices Act (UTP). We will start on Monday by looking at those UTP remedies in the statute, and then talk about the cases that have touched on the HCCA and UTP remedies. We will then turn to the previously assigned pages 1-14 of the text. The assignment for Monday 2/1 is to review the Maine HCCA and UTP statutes, read the handout with the selection of quotations from those three cases, and review the assigned pages from the text.
POS 484 CRIMINAL DUE PROCESS
In class today, Friday 1/29, we first finished up going over the outline of Birchfield. Regarding the question of whether there was a "search", we talked about the failure of the N.D. Court to give a clear answer. They did, though, distinguish the U.S. Supreme Court cases that said that there was a search in other circumstances. We also talked a bit about the meaning of "search" in the English language. We turned then to the question of whether the search (assuming that there was one) was "reasonable". I talked about how the U.S. Supreme Court usually ties the reasonableness of a search to the existence of an exception to the usual necessity of a warrant. We saw how the Birchfield court used a different test of reasonableness, based on a weighing of the governmental interest versus the suspect's interest. I then talked about the 4 different opinions in Missouri v. McNeely, the U.S. Supreme Court decision that rejected the proposition that the dissipation of alcohol in the blood creates an automatic emergency that justifies blood draws without a warrant. The assignment for Monday 2/1 is to read in the text pp. 464-471 (Katz).
Friday, January 29, 2016
Wednesday, January 27, 2016
January 27, 2016
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Wednesday 1/27, I distributed one handout, my version of the Warren v. Reis casebrief. We went over the format and the substance of the brief, getting up through the formulation of the issue (through the winner's facts). We will continue on Friday with the loser's facts, and the Facts, Holding and Disposition segments of the casebrief. After we finish the briefing we will also go over HCCA itself (previously handed out) and the remedies provided under it and under the Maine Unfair Trade Practices Act. We will also explore some variations of the facts to speculate about whether those variations would have made a difference to the Court's decision. In addition to preparing for those discussions, the assignment for Friday 1/29 is to read in the textbook pp. 1-14 (up to Miller).
POS 484 CRIMINAL DUE PROCESS
In class today, Wednesday 1/27, I distributed one handout, my version of the Birchfield outline. We continued going over that outline, moving from the part that discussed whether the case had already been decided (precedent) to the part in which the court analyzed whether there was a constitutional "search". We got through paragraph 15, so we'll pick up with 16 on Friday. We discussed precedent that was "mandatory" versus "persuasive", as well as treatment of precedent as "following" versus "distinguishing". The assignment for Friday 1/29 is to review today's handout, review the rest of Birchfield, and to read in the text pp. 459-463.
In class today, Wednesday 1/27, I distributed one handout, my version of the Warren v. Reis casebrief. We went over the format and the substance of the brief, getting up through the formulation of the issue (through the winner's facts). We will continue on Friday with the loser's facts, and the Facts, Holding and Disposition segments of the casebrief. After we finish the briefing we will also go over HCCA itself (previously handed out) and the remedies provided under it and under the Maine Unfair Trade Practices Act. We will also explore some variations of the facts to speculate about whether those variations would have made a difference to the Court's decision. In addition to preparing for those discussions, the assignment for Friday 1/29 is to read in the textbook pp. 1-14 (up to Miller).
POS 484 CRIMINAL DUE PROCESS
In class today, Wednesday 1/27, I distributed one handout, my version of the Birchfield outline. We continued going over that outline, moving from the part that discussed whether the case had already been decided (precedent) to the part in which the court analyzed whether there was a constitutional "search". We got through paragraph 15, so we'll pick up with 16 on Friday. We discussed precedent that was "mandatory" versus "persuasive", as well as treatment of precedent as "following" versus "distinguishing". The assignment for Friday 1/29 is to review today's handout, review the rest of Birchfield, and to read in the text pp. 459-463.
Monday, January 25, 2016
January 25, 2016
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Monday 1/25, we first finished up the list of Questions about the Warren case. We started with a precise definition of the question with which the Maine Supreme Court would deal. We looked at the authority upon which the Maine Supreme Court relied, including the adoption of a treatise as authority. We talked about Rules of Procedure and where they come from. We went over the Causes of Action not dealt with by Summary Judgment, quantum meruit and unjust enrichment. We examined the many ways in which there was bad lawyering in this case, including by the Plaintiff's attorney who should have known better, even though Plaintiff wins this case (default judgment, opposition to summary judgment motion, interlocutory appeal). On Wednesday we will start to go through the Case Brief Template and try to put this case into that format. The assignment for Wednesday 1/27 is to put the opinion into the Template format (to go over in class--not handed in or graded).
POS 484 CRIMINAL DUE PROCESS
In class today, Monday 1/25, we began an outline of Birchfield. We labeled parts I and II, and began breaking down II into the first section on treatment of precedent (paragraphs 8-13). Along the way, we discussed concepts of mandatory v. persuasive authority; plurality opinions; judgments versus opinions; facial versus as-applied challenges; warrants and exigent circumstances; and the issues of whether there's a search versus whether a search is reasonable. We talked about the standard Supreme Court rule that the meaning of "reasonableness" in 4th Amendment law is that a warrantless search is presumed to be unreasonable, unless there is an exception. We left off at paragraph 10 and Missouri v. McNeely, which is where we'll pick up on Wednesday. The assignment for Wednesday 1/27 is to continue the process of outlining Birchfield. Specifically, look at paragraphs 14-19, and figure out the structure and placement of those sections of the opinion.
In class today, Monday 1/25, we first finished up the list of Questions about the Warren case. We started with a precise definition of the question with which the Maine Supreme Court would deal. We looked at the authority upon which the Maine Supreme Court relied, including the adoption of a treatise as authority. We talked about Rules of Procedure and where they come from. We went over the Causes of Action not dealt with by Summary Judgment, quantum meruit and unjust enrichment. We examined the many ways in which there was bad lawyering in this case, including by the Plaintiff's attorney who should have known better, even though Plaintiff wins this case (default judgment, opposition to summary judgment motion, interlocutory appeal). On Wednesday we will start to go through the Case Brief Template and try to put this case into that format. The assignment for Wednesday 1/27 is to put the opinion into the Template format (to go over in class--not handed in or graded).
POS 484 CRIMINAL DUE PROCESS
In class today, Monday 1/25, we began an outline of Birchfield. We labeled parts I and II, and began breaking down II into the first section on treatment of precedent (paragraphs 8-13). Along the way, we discussed concepts of mandatory v. persuasive authority; plurality opinions; judgments versus opinions; facial versus as-applied challenges; warrants and exigent circumstances; and the issues of whether there's a search versus whether a search is reasonable. We talked about the standard Supreme Court rule that the meaning of "reasonableness" in 4th Amendment law is that a warrantless search is presumed to be unreasonable, unless there is an exception. We left off at paragraph 10 and Missouri v. McNeely, which is where we'll pick up on Wednesday. The assignment for Wednesday 1/27 is to continue the process of outlining Birchfield. Specifically, look at paragraphs 14-19, and figure out the structure and placement of those sections of the opinion.
Friday, January 22, 2016
January 22, 2016
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Friday 1/22, I distributed one handout, the template for the case briefs that the class will be doing. We launched into the Reis case, going over the first 4 questions from the question sheet that I passed out on Wednesday. We went over in detail all four ways in which Reis failed to bring up the HCCA issue, even though they did in fact eventually bring it up to the trial court. We will pick up on Monday with question #5 (authority) from that sheet. The assignment for Monday 1/25 is to review the Reis opinion, and, using the Brief Template distributed today, try your hand at producing a case brief for Reis (not handed in or graded).
POS 484 CRIMINAL DUE PROCESS
In class today, Friday 1/22, I first talked about the Maine statute about driving too slowly, and how you shouldn't trust what you believe to be the law unless you confirm it by looking it up. I talked about the two companion cases in which the U.S. Supreme Court granted cert. in addition to Birchfield, Beylund and Bernard, and the variation in facts that are presented by those cases. We then started a detailed examination of Birchfield, paragraph by paragraph. As we went along, we tried to put the paragraphs into an outline. We got through ¶6 of the N.D. opinion, which is where we'll pick up on Monday. The assignment for Monday 1/25 is to review Birchfield, trying to put the opinion into an outline by labeling each paragraph and grouping those paragraphs into subdivisions like II(A) and II(B), with labels and content for each subdivision (not handed in or graded).
In class today, Friday 1/22, I distributed one handout, the template for the case briefs that the class will be doing. We launched into the Reis case, going over the first 4 questions from the question sheet that I passed out on Wednesday. We went over in detail all four ways in which Reis failed to bring up the HCCA issue, even though they did in fact eventually bring it up to the trial court. We will pick up on Monday with question #5 (authority) from that sheet. The assignment for Monday 1/25 is to review the Reis opinion, and, using the Brief Template distributed today, try your hand at producing a case brief for Reis (not handed in or graded).
POS 484 CRIMINAL DUE PROCESS
In class today, Friday 1/22, I first talked about the Maine statute about driving too slowly, and how you shouldn't trust what you believe to be the law unless you confirm it by looking it up. I talked about the two companion cases in which the U.S. Supreme Court granted cert. in addition to Birchfield, Beylund and Bernard, and the variation in facts that are presented by those cases. We then started a detailed examination of Birchfield, paragraph by paragraph. As we went along, we tried to put the paragraphs into an outline. We got through ¶6 of the N.D. opinion, which is where we'll pick up on Monday. The assignment for Monday 1/25 is to review Birchfield, trying to put the opinion into an outline by labeling each paragraph and grouping those paragraphs into subdivisions like II(A) and II(B), with labels and content for each subdivision (not handed in or graded).
Wednesday, January 20, 2016
January 20, 2016
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Wednesday 1/20, I distributed four handouts: the Syllabus, the Maine Supreme Court case of Warren Construction v. Reis, some questions to guide your reading of that case, and an excerpt from the Maine statutes regarding Home Construction Contracts and Unfair Trade Practices. We went over the Syllabus. We then talked about the Maine state court system: its trial courts and Maine Supreme Court, the appointment and length of terms of Maine Judges and Justices, and the location of the courts. we went over proper citation form for Maine Supreme Court opinions, and the ordering of the parties in the caption. The assignment for Friday 1/22 is to read and prepare to discuss the handouts: Warren v. Reis, the questions to guide your reading, and the Maine statutory handout.
POS 484 CRIMINAL DUE PROCESS
In class today, Wednesday 1/20, I distributed four handouts: the Syllabus, the North Dakota Supreme Court case of State v. Birchfield, some questions to guide your reading of that case, and the Maine statute regarding Implied Consent to Chemical Tests. We went over the Syllabus. We looked at the Maine Implied Consent statute, and went over proper Maine statutory citation form. We went over the language of the 4th Amendment, and then talked about what those words might mean in terms of implied consent. We went over four possible consequences for refusal to allow testing for drunk driving. The assignment for Friday 1/22 is to read and prepare to discuss the handouts: State v. Birchfield, the questions to guide your reading, and the Maine statutory handout.
In class today, Wednesday 1/20, I distributed four handouts: the Syllabus, the Maine Supreme Court case of Warren Construction v. Reis, some questions to guide your reading of that case, and an excerpt from the Maine statutes regarding Home Construction Contracts and Unfair Trade Practices. We went over the Syllabus. We then talked about the Maine state court system: its trial courts and Maine Supreme Court, the appointment and length of terms of Maine Judges and Justices, and the location of the courts. we went over proper citation form for Maine Supreme Court opinions, and the ordering of the parties in the caption. The assignment for Friday 1/22 is to read and prepare to discuss the handouts: Warren v. Reis, the questions to guide your reading, and the Maine statutory handout.
POS 484 CRIMINAL DUE PROCESS
In class today, Wednesday 1/20, I distributed four handouts: the Syllabus, the North Dakota Supreme Court case of State v. Birchfield, some questions to guide your reading of that case, and the Maine statute regarding Implied Consent to Chemical Tests. We went over the Syllabus. We looked at the Maine Implied Consent statute, and went over proper Maine statutory citation form. We went over the language of the 4th Amendment, and then talked about what those words might mean in terms of implied consent. We went over four possible consequences for refusal to allow testing for drunk driving. The assignment for Friday 1/22 is to read and prepare to discuss the handouts: State v. Birchfield, the questions to guide your reading, and the Maine statutory handout.
Subscribe to:
Posts (Atom)