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course slides-contract law-2016-2-Week 1.pdf
- 1. Contract Law Course 1:Introduction 1
- 2. Today's Agenda » Introductionof the course » The background knowledge: common law, examination, and case briefing 2
- 3. Introduction of theContract Law Course » Foundation Course » Think like a lawyer » Conducted in English 3
- 4. The reasons totake this course » Contract law rules and principles » Really lean common law » Have a written sample ready » Experiencing (modified) US style teaching 4
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- 6. "Case Method" » TheSocratic method utilized in the US law school » Focus on case law » Focus on arguments » Focus on facts » Key to learning in the Common Law system » Less time on lecturing the rules 6
- 7. Lecture » Summary ofrules (limited) 7
- 8. Requirements for students »Read 3 Principle Cases of the textbook each class » Write case briefs » Participate in the course actively 8
- 9. Goals » Familiar withthe leading cases in the field of contracts » Ability to apply the rules to specific cases » Experiencing US style law teaching » Ability to write an interoffice memo » Ability to prepare case briefs 9
- 10. Textbook » Contract Doctrine,Theory & Practice Volume 1-3, » by J.H. Verkerke. Published by eLangdell Press, 2012. » available at www.cali.org1 1 http://www.cali.org/book/1l-first-year-lesson-topics/contracts 10
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- 12. Grading » Class discussion »Final examination 12
- 13. Class discussion » Studentsare expected to participate actively in the class discussion » Pass or special arrangements made in advance is accepted 13
- 14. Final examination » Finalexam will be presented in English. » The students will have 3 hours to work on the exam. » Student will have to analyze the issues presented and to provide an essay as an answer in English. 14
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- 16. Civilian Jurisdiction » Law:body of rules enacted by the state to be found in the codes » Favor predicability and stability » To interpret the legislation expansively 16
- 17. Common Law » Ahuge, chaotic, and inconsistent mass of individual rules and cases » Law: uncodified, unlegislated law found in the decisions of the courts » Legislation: traditionally regarded with suspicion » Interpreted narrowly » Courts have more latitude to interpret the legislation 17
- 18. Flexibility and Predicabilityof the Common Law » Each case is considered individually: more flexible » Predicability is provided by stare decisis 18
- 19. Precedent » Courts donot disturb a settled point » Similar Cases must must be decided similarly 19
- 20. A common lawattorney's research » Faced with a client's legal problem » The attorney researches other cases with similar legal issues and similar facts » Compare the client's case to the earlier cases 20
- 21. Comparison » If thecase has the same legal issues, and is similar in terms of facts, it will be decided the same way » If they are substantially different, the decision will be different ## Requires the lawyer to constantly scrutinize the judicial decisions to analyze » Which facts were determinative of the decisions » What issues was considered 21
- 22. Reasoning Compared » Civilianreasoning: purely deductive » Begins with general principles–Major premises » Minor premises » Concludes whether the principle applies 22
- 23. Common law reasoning. . . » Includes inductive , deductive, and analogical reasoning » Inductive: derive general principles from case law » Deductive: organize the general principles » Analogical: compares facts of different cases 23
- 24. . . .Affects teaching and examination methods in the US » Look for arguments, not answers 24
- 25. Questions to beasked in the case methods » The facts of the case » The arguments of the parties » The reasoning of the courts » Reconciling cases 25
- 26. Briefing cases » Inyour own words » Brevity » one page » summary of the important elements of a judicial opinion 26
- 27. Before writing casebriefs » Table of Contents » What are the legal concepts? » Skim first » Consult treaties or hornbook » Law dictionaries for terms 27
- 28. Components of acase brief » Facts » Procedural history » Issue » Holding » Rationale » Rule 28
- 29. Facts » determining thefitness of the case as precedent for later cases 29
- 30. Procedural history » causeof action » Disposition of the trial court » Appealing 30
- 31. Issue » Whether thelegal rule applies to the facts of the case » One sentence question incorporating the key facts and the legal rule that is in controversy 31
- 32. Holding or Judgment »Disposition of the appellate case » Answers the question asked by the issue 32
- 33. Rationale » Precedent? » Policy? »Logic? » Consistency? 33
- 34. Rule » General principlethat caused the court to decide the way it did » Can be applied to the future cases 34
- 35. IRAC Reasoning » Issues(legal question identification) » Rule (the first premise) » Applies the legal authority to the specific facts (second premise) » Concludes the question in step 1 35
- 36. IRAC steps takenby a common law attorney » Identifying the legal issue » Dissecting the components of the rule » Analyzing how previous cases define or explain these components, in light of the facts in those cases » Comparing the facts of the present case to the facts of the precedents to analyze whether each component or the rule has been met or established » Concluding whether the rule applies 36
- 37. Identification of anissue » Issue spotting » Question–phrasing and rephrasing » Usually understanding of the applicable rule first 37
- 38. Analysis of alegal rule » Reference to appropriate authority » Needs specific facts of the case » Needs court's reasoning 38
- 39. Types of legalrules » Elemental or conjunctive Rules (and) » Disjunctive Rules (*or) » Exceptions » Factors and balancing tests » Totality-of-the-circumstances rules 39
- 40. Case law andRule Analysis » Each case is limited to the facts of the case » Examine both the holdings and the material facts » Determine what types of fact pattern are needed for each element , factor, or balance » Consider the policy concerns of each case 40
- 41. Fact and policyfocused legal reasoning » In rule section, need to include » Facts » Holding » Court's reasoning » Case charts: specify which elements of the rule each case addresses 41
- 42. Weight of authority »Mandatory vs. Persuasive » Restatement » Similarity of the facts 42
- 43. Application and conclusion »How prior case law compares and how the rule applies to the given facts » Facts are compared » Legal implication linked back to each element of the rule 43
- 44. Structure of theMemo » Issue (yes, no, maybe question) » Short answer » Facts » Discussion » Conclusion 44
- 45. Discussion structure Rule Section(Major premise) » statement of rule and identification of major components » Explanation, supported by authority, or components not at issue » Explanation of components at issue » Case 1: component, facts, holding, rationale » Case 2: 45
- 46. Application Section (Minorpremise) » Fact-to-fact comparison of problem facts to Case 2 facts; conclusion about whether Case 2 component and results apply and why » Fact-to-fact comparison of problem facts to Case 1 facts; conclusion about whether Case 1 component and results apply and why » Explanation of how other components or rule apply » Concluding sentence, incorporating facts and all major components of rule 46
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- 48. Structure: V1 » ConsiderationRequirement » Contract Formation (Offer, Acceptance, Revocation of Offers, UCC Section 2-207) 48
- 49. Structure: V2 » Obligationto Perform (Excuse, Mistake, Substantial Performance) » Bargaining Process (Unconscionability, Modification, Rules Concerning Information, The Statute of Frauds) 49
- 50. Structure: V3 » InterpretingTerms of an Agreement (Parol Evidence Rule) » Remedies for Breach (Monetary Damages, Specific Performance, Limitations on Damages) 50
- 51. Week 2 Assignments:V3: 45 - » Freund v. Washington Square Press » Klein v. Pepsico » Sedmak v. Charlie's Chevrolet 51
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