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ELEMENTS B1 & B2 2016 POWER POINT SLIDES

This presentation covers the introduction to the Elements B1 & B2 class, logistics, and the discussion questions for the first session.

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ELEMENTS B1 & B2 2016 POWER POINT SLIDES

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  1. ELEMENTS B1 & B2 2016POWER POINT SLIDES Class #1 Wednesday, August 17 & Thursday August 18

  2. ELEMENTS B1 &B2: Prof. Fajer Please Select Seats Only in the First Five Rows MUSIC: Emile Giles, Piano Beethoven, Piano Sonatas 21, 23, 26 Composed: 1803, 1805, 1810; Recorded: 1986 B2 CLASS FRIDAY = 7:55-9:10 a.m. B1 CLASS FRIDAY = 9:25-10:40 a.m.

  3. ELEMENTS B1 & B2:CLASS #1 • Why Elements? • Why Animals/Pierson? • Logistics • Begin Pierson & DQs 1.01 & 1.02

  4. ELEMENTS B1 & B2:CLASS #1 • Why Elements? • Why Animals/Pierson? • Logistics • BeginPierson & DQs 1.01 & 1.02

  5. William ShakespeareThe Merchant of Venice Act V Scene 1 LauncelotGobbo(enters): Sola, sola.

  6. William ShakespeareThe Merchant of Venice Act V Scene 1 LauncelotGobbo(enters): Sola, sola!

  7. ELEMENTS B1 & B2:CLASS #1 • Why Elements? • Why Animals/Pierson? • Logistics • BeginPierson & DQs 1.01 & 1.02

  8. ELEMENTS B1 & B2:CLASS #1Logistics Forms to Circulate • Seating Charts • Acting as Attendance Sheets Today • Preferred First Names • Lunches • Contact Info • E-Mail & Phone: Write LEGIBLY • Pseudonyms (One Word; Not Obvious)

  9. ELEMENTS B1 & B2:CLASS #1 Logistics Dean’s Fellow: Ian Bertschausen Sessions: Mon 9:30am A110 (Here) Thu 3:30pm G363 (Library)

  10. ELEMENTS B1 & B2:CLASS #1 Logistics Operation of the Class • Class time as rehearsal/workshop

  11. ELEMENTS B1 & B2:CLASS #1 Logistics Operation of the Class • Class time as rehearsal/workshop • Mechanics in Info Memo #1 • Note Especially: • Courtesy • Panel System • Discussion Questions (DQs) • E-Mail me if Qs

  12. ELEMENTS B1 & B2 Next 3 Classes Three Common 1L Issues Class #2: Confusion Class #3: Control Class #4: Competition v. Cooperation

  13. ELEMENTS B1 & B2:CLASS #1 • Why Elements? • Why Animals/Pierson? • Logistics • Begin Pierson & DQs 1.01 & 1.02

  14. Pierson v. Post CASES IN CONTEXT • History of the Underlying Dispute (DQ1.01) • How Legal System Has Handled Similar Disputes (DQ1.02) • Overall Social/Historical Context (1805) (Class #2) • How Society Has Handled Similar Disputes Outside the Legal System (DQ1.03) (Class #2)

  15. Pierson v. Post: Who is Who?

  16. Pierson v. Post: Who is Who? 2d sentence of case (p.3): “The declaration stated that Post … did ‘find and start … a fox,’ and whilst there hunting, chasing and pursuing the same with his dogs and hounds, and when in view thereof, Pierson,well knowing the fox was so hunted and pursued, did, in the sight of Post, …kill and carry it off.’

  17. Pierson v. Post: Who is Who? • Post did find and start the fox, hunted and pursued it. • Pierson,knowing the fox was hunted and pursued, did kill and carry it off. So Why Is Case Called Pierson v. Post?

  18. Pierson v. Post: Who is Who? Why Is Case Called Pierson v. Post? First Sentence (p.3): “This was an action of trespass on the case commenced in a justice’s court by the present defendant against the now plaintiff.” Some appellate courts put the name of the party appealing first. (e.g., here; US Supreme Ct.)

  19. Pierson v. Post: Who is Who? Why Is Case Called Pierson v. Post? Some appellate courts put the name of the party appealing first. Some appellate courts leave the name of the case as originally filed (e.g., U.S. Courts of Appeal)

  20. Pierson v. Post: Who is Who? Why Is Case Called Pierson v. Post? Some appellate courts put the name of the party appealing first; some appellate courts leave the name of the case as originally filed . SO HAVE TO READ CAREFULLY!! First of many examples of variations in Rules or Procedure among the states and/or federal gov’t.

  21. Pierson v. Post: DQ1.01 Fill in Sequence of Events • Post (п) has breakfast; begins hunt; starts fox. • П’s Lawyer files lawsuit. • N.Y. Supreme Court issues judgment for Pierson (∆).

  22. Pierson v. Post: DQ1.01 SEQUENCE OF EVENTS (1) • Post (п) begins hunt; starts fox & chases it on deserted beach • Pierson(∆), aware of hunt, kills fox • Probably confrontation where п claims fox but ∆ takes it. • Maybe negotiation • Maybe discussions/social consequences that push п to act (or that push ∆ not to turn over pelt) • П goes to lawyer • Fact investigation (П’s Lawyer interviews client & other witnesses) • Legal research • Possibly demand letter to ∆ and/or negotiation • П’s Lawyer files “Declaration” starting lawsuit

  23. Pierson v. Post: DQ1.01 SEQUENCE OF EVENTS (2) (After Lawsuit Filed) • ∆ gets lawyer (if not done before lawsuit filed) • Fact investigation, legal research, possibly negotiation • ∆’s lawyer files response [“Answer”] or motion to dismiss • If motion filed, it was denied; answer then filed • Further investigation/negotiation [Today: “Discovery”] • [Maybe: Pre-Trial Motions] • Jury trial (“verdict”) won by П • NY Supreme Court grants ∆’s motion for writ of certiorari • Briefs filed by parties & probably oral arguments • [Maybe additional negotiation] • Court deliberates, then issues opinion and Judgment for ∆

  24. Pierson v. Post: DQ1.01 Verdicts & Judgments • Decision of a jury is called a “verdict”; ultimate decision by a judge is called a “judgment” • Very end of majority opinion on top of p.4: We are of opinion the judgment below was erroneous, and ought to be reversed. • Judgment must be entered even after a verdict: • Normally judge enters j-mentpursuant toverdict • Occasionally, if judge has strong reason to disagree, enters judgment essentially overturning verdict (“Judgment notwithstanding the verdict.”)

  25. Pierson v. Post: DQ1.01 Procedure: 1805 v. Today • Today start civil lawsuit with “complaint” (not “declaration”) • Today can do court-supervised fact investigation process after complaint filed (“Discovery”) • In most jurisdictions, a losing ∆ would use “appeal” to take case to next level, though in some situations, writ of certiorari used (usually to get to highest level as with U.S. Supreme Ct.)

  26. Pierson v. Post: DQ1.02 PRECEDENT • What types of authorities does the court rely on as precedent? Why are these authorities considered helpful?

  27. Pierson v. Post: DQ1.02 PRECEDENT • Majority Opinion relies on Treatises • Books Written by Experts in Law • Useful Because Smart People Looking at Same Problem • Treatises here all by experts in European “Civil Law” MEANS?

  28. Pierson v. Post: DQ1.02 PRECEDENT • Majority Opinion relies on Treatises • Treatises here all by experts in European “Civil Law” • System based in Codes of Law & Statutes • E.g., Roman Law (Justinian); Napoleonic Code • Used Today in Continental Europe, Latin America, Louisiana, Quebec • Contrast “Common Law”: • Judge-made law based in cases • Used in systems developed from English Law (Most of U.S. & Canada, Australia and New Zealand, British West Indies, etc.) • In other contexts, “civil” contrasts with “criminal.”

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