Law School Discussion

Briefing from the Casebook

jeffjoe

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Briefing from the Casebook
« on: August 28, 2004, 12:21:27 PM »
We have a case to brief from the case book.  The casebook has just the smallest portion of the case.  It lacks information on the procedural history, the holding and more.

I had the impression that we were to deal with the case only as presented in the casebook.  Is that what you guys understand or should I read the actual opinion in order to brief it?

buddha

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Re: Briefing from the Casebook
« Reply #1 on: August 28, 2004, 01:08:51 PM »
jj, Is this for torts?  I think torts casebooks often severely edit it an attempt to keep law students from being distracted by the procedural questions.

jeffjoe

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Re: Briefing from the Casebook
« Reply #2 on: August 28, 2004, 02:10:13 PM »
jj, Is this for torts?  I think torts casebooks often severely edit it an attempt to keep law students from being distracted by the procedural questions.

It's for contracts.  The case is Bolin Farms v. American Cotton Shippers Association, 370 F. Supp. 1353.

the opinion is 15 pages and it is two pages in the text.

buddha

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Re: Briefing from the Casebook
« Reply #3 on: August 28, 2004, 03:14:03 PM »
I'm reading the case right now I'll check back in, in about a half an hour.

buddha

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Re: Briefing from the Casebook
« Reply #4 on: August 28, 2004, 03:34:52 PM »
I'm, guessing your casebook focuses on "The Contract cases---19351,19389,19365,19364,19418? Correct.  If so the key issue I see is whether exteral "i.e. market" factors can invalidate a contract.  Does your casebook go into the remedy question?

jeffjoe

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Re: Briefing from the Casebook
« Reply #5 on: August 28, 2004, 03:49:11 PM »
No it doesn't talk about the remedy question.

But my question is broader.

Generally, are we expected to study and brief the case as written in the casebook or are we expected to use the opinion itself?

buddha

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Re: Briefing from the Casebook
« Reply #6 on: August 28, 2004, 04:02:42 PM »
I would say from the casebook.  I read the entire opinion and a lot of it was immaterial to the question of should the contracts be honored. 

jeffjoe

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Re: Briefing from the Casebook
« Reply #7 on: August 28, 2004, 04:04:07 PM »
I would say from the casebook.  I read the entire opinion and a lot of it was immaterial to the question of should the contracts be honored. 

I was hoping for that answer, but there really isn't enough in the casebook to brief it.  I can guess at the holding, but it's not in there.

buddha

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Re: Briefing from the Casebook
« Reply #8 on: August 28, 2004, 04:07:27 PM »
Quote
I can guess at the holding, but it's not in there.

You're kidding.  Which casebook are you using.

 
PS Keep your chin up my friend you're going to be a great lawyer. :)

jeffjoe

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Re: Briefing from the Casebook
« Reply #9 on: August 28, 2004, 04:38:30 PM »
Studies in Contract Law, 6th Ed., Edward J. Murphy, Richard E. Speidel & Ian Ayres