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ELEMENTS B 2019 POWER POINT SLIDES

Join us on Friday, August 16 for a celebration of National Roller Coaster Day and a musical journey through Beethoven's Symphonies. We will be listening to recordings of Symphony #1 and #3 performed by the Chamber Orchestra of Europe conducted by Nikolaus Harmoncourt. Lunch will be served at Brix at 12:25. Don't miss this exciting event!

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ELEMENTS B 2019 POWER POINT SLIDES

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  1. ELEMENTS B 2019POWER POINT SLIDES Class #3: Friday August 16 NATIONAL ROLLER COASTER DAY

  2. MUSIC:Beethoven Symphonies #1 (1800) & #3 (1805)Recordings: Chamber Orchestra of EuropeNikolaus Harmoncourt, Conductor (1991) LUNCH TODAY Meet on Brix @ 12:25 Englander * Hernandez Khan * Kwak * Lopez Matiauda * Tamir (Lunch Schedule Posted on Course Page Underneath Dean’s Fellow Info) • Miami-Dade Public Schools Open Monday; Commutes of Any Distance Next Week Will Be Significantly Worse Than They Were This Week • Tuesday: Turn in Lists of Teammates for Panels

  3. LOGISTICS • Info Memo • Courtesy & Lateness • Panels • DQs • Group Assignments & Co-ordinators • Remind me we break at 10:00 on Fridays

  4. FRIDAY Pop Culture Moment Special Bonus for On-Time Arrivals Two DISAPPOINTING REVELATIONS ABOUT CHILDHOOD FAVORITES 

  5. Pop Culture Moment ELEMENTS B: 8/18 (1) ALL FROOTLOOPSTASTETHESAMEREGARDLESSOFCOLOR (Same ForTRIX& FRUITY PEBBLES)

  6. Pop Culture Moment ELEMENTS B: 8/18 (2) The Alphabet Song & Twinkle Twinkle Little Star Have the Same Melody

  7. Pierson v. Post CASES IN CONTEXT • History of the Underlying Dispute (DQ1.01) (Class#1) • How Legal System Has Handled Similar Disputes (DQ1.02) (Precedent; Classes #1 & #2) • Overall Social/Historical Context (1805; Class #2) • How Society Has Handled Similar Disputes Outside the Legal System (DQ1.03) (Custom; continued from Class#2)

  8. Pierson v. Post: DQ1.03 CUSTOM & LAW Examples of Situations Where Custom Differs from Law? Not just custom and no law, but custom inconsistent w existing law.

  9. Pierson v. Post: DQ1.03 CUSTOM & LAW Situations where custom differs from law Problems Caused by these Differences?

  10. Pierson v. Post: DQ1.03 CUSTOM & LAW Situations where custom differs from law Problems caused by this difference include: • Uncertainty • Discretionary Police Power • Disrespect for Law • Loss of Intended Benefits of Legal Rule

  11. Pierson v. Post: DQ1.03 CUSTOM & LAW To avoid these problems, gov’t can change law to conform to custom. • Sometimes, improves situation • May be exercise of common sense • Soia & paths through the grass

  12. Pierson v. Post: DQ1.03 CUSTOM & LAW Conforming law to custom might be a bad idea if … • Bad Customs (Potentially Harmful to Humans, Animals, Ecosystem) • Uncertain Customs (Disputed or Hard to Apply) • Surprise to Parties Affected • Issue Not Important Enough to Justify Additional Legal Intervention/Change in Law

  13. Pierson v. Post: DQ1.03 CUSTOM & LAW Is Pierson v. Post a good situation to allow law to conform to hunters’ customs? (Likely to fit into any of the following categories? Other pros or cons?) • Bad customs • Uncertain customs • Disputed; or • Hard to apply • Surprise to Parties Affected • Not Important Enough Issue

  14. Pierson v. Post: DQ1.03 CUSTOM & LAW Is Pierson v. Post a good situation to allow law to conform to hunters’ customs? Lawyering Note: Often we’ll focus on “Who is appropriate decision-maker?”, rather than “Is particular decision best one possible?”

  15. Pierson v. Post: DQ1.03 CUSTOM & LAW When should law conform to custom? • Recurring question in many areas of law • Contract Law v. Normal Business Practices • Tort Law: Use Industry Practices as Standard of Care? • We’ll return to this question with regard to whaling customs in Unit Two

  16. Pierson v. Post: DQ1.03 Qs on Custom?

  17. Pierson v. Post: DQ1.04(b) Significance of Facts Why might it matter that the hunted animal is some other animal as opposed to a fox?

  18. Pierson v. Post: DQ1.04(b) Significance of Facts Why might it matter that the hunted fox is wearing a t-shirt? BRING BACK BILL O’REILLY

  19. Pierson v. Post: DQ1.04(b) Might want different rules for: • Pets/Domestic Animals (Different Rules Exist) • Fox w T-Shirt  Likely Domesticated or Pet • Endangered Species • Animals in School/Flock • Very Valuable Animal/Food Animal • Animal Directly Endangeriung Persons or Property

  20. CASE BRIEF: Generally(Note on Color in Headers) LIKE A RESUME • Standardized Information • Rarely the Whole Story • Range of Successful Ways to Present • Alter for Different Audiences • Remember that Future You is One of the Relevant Audiences

  21. Pierson v. Post: Citation Pierson v. Post, 3 Caines 175 (N.Y. 1805) • See Bluebook for citation forms generally. • N.Y. Supreme Court 1805 v. Now • In-Class Qs on Case Briefs: • Avoid “Is it OK that I put ….” • More General Qs or Wait Until After Class

  22. CASE BRIEF: Statement of the Case • Succinct Statement of Nature of Original Lawsuit (complete Statement unlikely to be stated explicitly in case itself)

  23. CASE BRIEF: Statement of the Case • Succinct Statement of Nature of Original Lawsuit • In Case Brief: Reminds You Quickly What Case Is About

  24. CASE BRIEF: Statement of the Case • Succinct Statement of Nature of Original Lawsuit • In Case Brief: Reminds You Quickly What Case Is About • In Legal Memos & Court Submissions: Quickly Explains to Reader Nature of Case You Are Discussing

  25. CASE BRIEF: Statement of the Case • Who Sued Whom? • Under What Theory (Legal Cause of Action)? • Seeking What Remedy? • I’m Going to Ask These Three Qs in This Order for Every Case We Do in Units One and Two. Be Prepared to Answer Them in the Manner I’m Presenting Today

  26. CASE BRIEF: Statement of the Case • Who Sued Whom? • In initial lawsuit • NOT “Who appealed?”

  27. Pierson v. Post: Who Sued Whom? Not Helpful • “Plaintiff Sued Defendant” (always true; provides no info)

  28. Pierson v. Post: Who Sued Whom? Not Helpful • “Plaintiff Sued Defendant” • “Post Sued Pierson” (provides no info about lawsuit)

  29. Statement of the Case:WHO SUED WHOM? Describe Parties in Way that Gives Sense of Subject of Lawsuit • Apartment Landlord Sued Former Tenant Who Abandoned Unit… • Purchasers of Leaky New House Sued Developer ... • Consumer Injured By Exploding Blender Sued Manufacturer and Seller of Blender ...

  30. Statement of the Case:WHO SUED WHOM? Helps Clarity of Case Brief to Include Parties’ Names • Matheson, Apartment Landlord Sued Jacobson, Former Tenant Who Abandoned Unit… • Aldens, Purchasers of Leaky New House Sued Landco, Developer, • Ortiz, Consumer Injured By Exploding Blender, Sued Gemco, Manufacturer, and Walmart, Seller of Blender ... Then can reference by name in rest of brief.

  31. Pierson v. Post: Who Sued Whom? Post, … (?) sued Pierson, … (?) Descriptions of parties should help you understand what lawsuit was about without including unnecessary detail …

  32. Pierson v. Post: Who Sued Whom? • Post, a blond 27-year old Dutch-American asthmatic unemployed son of a Revolutionary War hero ... (None of this seems relevant.) • *Better descriptions of Post? (several plausible versions)

  33. Pierson v. Post: Who Sued Whom? • Post, a hunter who had been pursuing a fox, sued Pierson, … • *Descriptions of Pierson? (again several plausible versions)

  34. Pierson v. Post: Who Sued Whom? • Post, a hunter who had been pursuing a fox, sued Pierson, who killed the fox knowing of the pursuit ... (One plausible version)

  35. CASE BRIEF: Statement of the Case • Who Sued Whom? • Under What Theory (Legal Cause of Action)? • Aldens, Purchasers of Leaky New House Sued Landco, Developer, for Breach of Warranty … • Ortiz, Consumer Injured By Exploding Blender, Sued Gemco, Manufacturer, for Negligent Design...

  36. Pierson v. Post: Under What Theory? • Post, a hunter who had been pursuing a fox, sued Pierson, who killed the fox knowing of the pursuit, *for …

  37. Pierson v. Post: Under What Theory? • Post, a hunter who had been pursuing a fox, sued Pierson, who killed the fox knowing of the pursuit, for “Trespass on the Case”(see 1st Sentence of Case) … *Means?

  38. Pierson v. Post: Under What Theory? • “Trespass on the Case” • IndirectInjury to П’s Property • E.g., left fire burning on own land & ruined П’s house • Compare “Trespass” • DirectInjury to П’s Property • E.g., entered П’s land and stomped on garden *Why Might Injury Be Indirect Here?

  39. Pierson v. Post: Under What Theory? • “Trespass on the Case” (Indirect Injury) v. “Trespass” (Direct Injury) • Could be indirect here because Pierson did not harm property in Q (fox) with his bare hands, but used some kind of weapon (maybe a projectile). • Distinction not important for our class (maybe in Torts)— • Opinions in Pierson do not discuss this distinction. • Distinction won’t be referenced in our later cases. BUT good to get used to noting things like this. • Compare “Trespass” = Direct Injury to П’s Property • Why Indirect Here?

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