October 4, 2016

POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Tuesday 10/4, I distributed one handout, my version of the Katko case brief. I first talked a little bit about the Jones case brief. I stressed that the "fact" segment should explain why an argument (the legal question) is a winner or a loser. I also clarified that the "facts" should be a complete sentence in their own right, so that the issue (including the "facts") needs to read that way as well. And I reminded the class about the need to copy and paste after the issue is formulated. We then went through the Katko case brief, including the views of the dissent. We looked at the authority cited by the Iowa Supreme Court, including adding the category of extending precedent to our previous categories of following, distinguishing, or overruling precedent. We also expanded our chart of authority by dividing authority into primary authority (both mandatory and persuasive) versus secondary authority (non-law). We talked about jury instructions, directed verdicts, and judgments notwithstanding a verdict. We also talked about the mental states of defendants, including intent, knowledge, recklessness, and negligence. We will discuss the Maine statute about use of force on Thursday, after we go through the Jones case brief. The assignment for Thursday 10/6 is to finish your Jones case brief, due at the beginning of class, and in addition, to review the Maine statute on use of force.