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Author Topic: Briefing from the Casebook  (Read 2122 times)

lawgirl

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Re: Briefing from the Casebook
« Reply #10 on: August 28, 2004, 09:50:51 PM »
If you are looking to score brownie points, reading the whole case might help you there, but I would personally stick to what is in the case book. Not every case that is assigned is necessarily in a regular format. Sometimes the editor just wants to show an example of a small part of an element or an idea and editing the case down to an extreme is a way they will do it sometimes. Unless your prof tells you to pull a full-length case, I would stick to the casebook.

jeffjoe

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Re: Briefing from the Casebook
« Reply #11 on: August 28, 2004, 10:25:56 PM »
Lawgirl, I like your answer.  I'm swimming as hard as I can just to keep from sinking.  I'll worry about brownie points when I get a row boat or maybe even a yacht. :D
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lawgirl

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Re: Briefing from the Casebook
« Reply #12 on: August 28, 2004, 10:34:40 PM »
I promise, it will get easier. No need to cerate more work than what you already have. Hang in there. I'm sure you will do terrific!

jeffjoe

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Re: Briefing from the Casebook
« Reply #13 on: August 28, 2004, 11:11:36 PM »
Everyone is sure I'll do well, except me.  I even offered to give my wife my spot in the class, but she turned me down.


But seriously, I am really enjoying this.  Even when I stood up to give the facts for Bailey v. West and the prof said my listing of the facts was skimpy.

But I get a kick out of crimes.  How can you not like a crimes taught by a judge who sits on the Criminal Court of Appeals and has a sense of humor?
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jeffjoe

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Re: Briefing from the Casebook
« Reply #14 on: August 29, 2004, 07:20:08 PM »
OK, now it gets interesting.

The case is Cohen v. Cowles Media Company, 457 NW 2d 199

this one was appealed many times.

I read the case book version.  It did not give the holding, but there were a couple of sentences that used the word conclude.  They concluded that "a contract cause of action is inappropriate for these particular circumstances."

So it sounds like the promise given is not a contract.

So I'm briefing the case and I wnt to make a little more complete.  Like I want to put in a disposition of the case.  That information is missing from the casebook version.  So I look at Westlaw.

It turns out that the court found that there was a contract, but not on another basis.

Geez, this is fun.

Here's what I found:
"We opted instead for a promissory estoppel analysis. The doctrine of promissory estoppel implies a contract in law where none exists in fact. "
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Todd

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Re: Briefing from the Casebook
« Reply #15 on: August 30, 2004, 10:53:55 AM »
Wish they'd give us access to westlaw or nexis at my university, they say "they want us to learn to use the library."  So no access till 2nd semester.

jeffjoe

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Re: Briefing from the Casebook
« Reply #16 on: August 30, 2004, 11:08:45 AM »
Wish they'd give us access to westlaw or nexis at my university, they say "they want us to learn to use the library."  So no access till 2nd semester.

That's harsh.  I couldn't do it without Westlaw, because I don't have time to sit at the library.  Any library.
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