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.)