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Introduction to Law:
The American Legal Mind
Class Books
- ALM = American Legal Mind (2006) (supplemental course materials) [available in PDF format on class website]
- GTM = Richard Fischl & Jeremy Paul, Getting to Maybe: How to Excel on Law School Exams (1999)
- American Law = George P. Fletcher & Steve Sheppard, American Law in a Global Context: The Basics (2005)
- S & T = Kimm Walton, Strategies and Tactics for the First Year Law Student (1997)
- Handout = Material distributed in class or made available on class website
Assignments
Day 1 — August 4
- Introduction to the American Legal System
Assignment
- Pages 3-12 in American Law available on electronic reserve, (password: introlaw)
- Indiana Code § 1-1-2-1, on page 6 in ALM
- Read Page v. Hollingsworth, on pages 3-5 of ALM
Class Notes
Day 2 — August 5
- American Constitution + Federalism
Assignment
- Pages 132-45 in American Law
- Link - read United States Constitution (PDF)
Resources
- US Constitution
- State Constitutions
-
Commentary on United States Constitution — Online Treatise —
Analysis and Interpretation of the U.S. Constitution,
by Congressional Research Service
- United States Supreme Court Opinions
- Federalist Papers (1-85)
- Constitution of the State of Indiana
Class Notes
Day 3 — August 6
- State Courts + Federal Courts + Procedure
Assignment
Resources
Class Notes
Day 4 — August 7
- American Common Law System – History, Cases, and Common Law
Assignment
- Pages 15-28 in American Law; skim pages 29-42
Resources
Class Notes
Day 5 — August 8
- How Common Law Lawyers Argue — Words and Rules
Assignment
- Pages 16-24 in ALM, "A Bedtime Story." [ALM = supplementary materials in pdf format on course website.]
- Pages 7-15 in ALM, text and commentary on Section 504 of Restatement, Second of Torts.
- Pages 42-44 in ALM, "The Anatomy of a Torts Class" (first part of article only)
- Pages 37-43 & 43-54 in GTM
- Llewellyn article on Canons of construction on electronic reserve, (password: introlaw) especially charts on canons of construction at end of article.
Class Notes
Day 6 — August 11
- How Common Law Lawyers Argue — Categories and Cases
Assignment
- Pages 44-46 in ALM, "The Anatomy of a Torts Class" (only portion of article on manipulation of precedent)
- Pages 55-66 in GTM
- Vosburg v. Putney, on pages 25-31 in ALM
- Hurley v. Eddingfield, on pages 32-33 in ALM
- Tuttle v. Buck,on pages 34-41 in ALM
Class Notes
Day 7 — August 12
- How Common Law Lawyers Argue — Facts
- How Common Law Lawyers Argue — Giving Good Reasons
Assignment (for Doing Things with Facts)
- Pages 44-46 in ALM, "The Anatomy of a Torts Class" (only portion of article on manipulation of precedent)
- Pages 87-105 in GTM
- Hamer v. Sidway (Hamer I), pages 55-65 in ALM
- Hamer v. Sidway (Hamer II), pages 66-78 in ALM
- The Fact Game, page 79 in ALM
- Bargain Story [PDF] [Word]
Assignment (for Giving Good Reasons)
- Pages 156-57 in GTM
- Pages 46-53 in ALM, "The Anatomy of a Torts Class" (portions of article on policy reasons)
Class Notes
Day 8 — August 13
- How Common Law Lawyers Argue — Exercises
- Law School Exams
Assignment (for How Common Law Lawyers Argue - Exercises)
- Read and prepare Common Law Exercises # 1 & 2 on pages 80-94 in ALM. The purpose of these exercises is to review the Common Law Kitbag material and to practice using common law arguments. Each exercise has a set of questions to answer, based on the case provided. Read each case, and be prepared to answer the questions asked on page 80 and pages 85-86.
Assignment (for Law School Exams)
- Read the Derrick Bell memo on electronic reserve.
- Read pages 111-66 in Kimm Walton, Strategies and Tactics for the First Law Student Year.
Resources
Day 9 — August 14
- Legal Materials and Research
Assignment
Class Notes
Day 10 — August 15