ELEMENTS B/D: Prof. Fajer
Please Select Seats Please Select Seats Only in the First Four Rows Only in the First Four Rows
MUSIC: Emile Giles, PianoBeethoven, Piano Sonatas 21, 23, 26
Composed: 1803, 1805, 1810Recorded: 1986
ELEMENTS B/D CLASS #1
1.Why Elements?2. Why Animals/Pierson?3. Logistics4. 1L Issues: Confusion5. Begin Pierson & DQs 1.01 & 1.02
ELEMENTS B/D CLASS #11. Why Elements?
2.Why Animals/Pierson?3. Logistics4. 1L Issues: Confusion5. Begin Pierson & DQs 1.01 & 1.02
William ShakespeareThe Merchant of Venice
Act V Scene 1
Launcelot Gobbo (enters):
Sola, sola.
William ShakespeareThe Merchant of Venice
Act V Scene 1
Launcelot Gobbo (enters):
Sola, sola!
ELEMENTS B/D CLASS #11. Why Elements?2. Why Animals/Pierson?
3.Logistics4. 1L Issues: Confusion5. Begin Pierson & DQs 1.01 & 1.02
ELEMENTS B/D CLASS #1Logistics
Forms to Circulate•Seating Charts
• Acting as Attendance Sheets Today• Preferred First Names (Note §B Issue)
•Lunches•Contact Info & Pseudonyms
ELEMENTS B/D CLASS #1Logistics
Dean’s Fellows:
Trey Dahl &Joey Kaye
ELEMENTS B/D CLASS #1Logistics
Operation of the Class•Class time as rehearsal/workshop
ELEMENTS B/D CLASS #1Logistics
Operation of the Class•Class time as rehearsal/workshop
•Mechanics in Info Memo #1; Note Especially:– Courtesy
– Discussion Questions (DQs)
– Panel System
ELEMENTS B/D CLASS #1
Three Common 1L Issues
Class #1: Confusion
Class #2: Control
Class #3: Competition v. Cooperation
ELEMENTS B/D: CONFUSION
ELEMENTS B/D: CONFUSIONSOME REASONS FOR CONFUSION:
•Reality TV Analogy: Missing the Key
ELEMENTS B/D : CONFUSIONSOME REASONS FOR CONFUSION:
•Reality TV Analogy: Missing the Key
•Metal Shop Analogy: Identifying the “Machines”
ELEMENTS B/D : CONFUSIONSOME REASONS FOR CONFUSION:
•Reality TV Analogy: Missing the Key
•Metal Shop Analogy: Identifying the “Machines”
•Different Backgrounds– Hard Qs & Easy Qs
– Old Techniques May Not Work
ELEMENTS B/D : CONFUSIONHelpful to Think of as Immersion in New
Language/Culture
•Don’t expect to get everything quickly
•Read slowly & carefully & then reread
•Thinking about Fall Break
ELEMENTS B/D : CONFUSION
BE PATIENT WITH OTHER STUDENTS
ELEMENTS B/D : CONFUSION
& ESPECIALLY
BE PATIENT WITH YOURSELF!!
Disability Services Info
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ELEMENTS B/D CLASS #11. Why Elements?2. Why Animals/Pierson?3. Logistics4. 1L Issues: Control5. Begin Pierson & DQs 1.01 & 1.02
– Start Movie
Pierson v. PostCASES IN CONTEXT
•History of the Underlying Dispute (DQ1.01)•How Legal System Has Handled Similar Disputes (DQ1.02)•How Society Has Handled Similar Disputes Outside the Legal System (DQ1.03) (Class #2)•Overall Social/Historical Context (1805) (Class #2)
Pierson v. Post: Who is Who?
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.’
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?
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.)
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)
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!!
Pierson v. Post: DQ1.01Fill in Sequence of Events
•Post (п) begins hunt; starts & chases fox
•П’s Lawyer files lawsuit
•N.Y. Supreme Court issues judgment for Pierson (∆)
Pierson v. Post: DQ1.01
SEQUENCE OF EVENTS (1) •Post (п) begins hunt; starts & chases fox on beach•Pierson(∆), aware of hunt, shoots & kills fox•Probably confrontation where п claims fox but ∆ takes it.•Maybe negotiation•Maybe discussions/social consequences that push п to act•П goes to lawyer
– Fact investigation– Legal research– Possibly negotiation
•П’s Lawyer files “Declaration” starting lawsuit
Pierson v. Post: DQ1.01SEQUENCE OF EVENTS (2)
•∆ 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 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 ∆
Pierson v. Post: DQ1.01Verdicts & Judgments
•Decision of a jury is called a “verdict”; ultimate decision by a judge is called a “judgment” •Judgment must be entered even after a verdict:
– Normally judge enters j-ment pursuant to verdict– Occasionally, if judge has strong reason to disagree,
enters judgment essentially overturning verdict (“Judgment notwithstanding the verdict.”)
Pierson v. Post: DQ1.011805 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.
Pierson v. Post: DQ1.02PRECEDENT
•What types of authorities does the court rely on as precedent? Why are these authorities considered helpful?
Pierson v. Post: DQ1.02PRECEDENT
•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 “Civil Law”
• System based in Codes of Law & Statutes– E.g., Roman Law (Justinian); Napoleonic Code– Used Today in Continental Europe, Latin America,
Louisiana
• Contrast “Common Law”: – Judge-made law based in cases– Used in systems developed from English Law (Most of
U.S. & Canada, British West Indies, etc.)
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