September 30, 2009

PL 301--Torts
In class today, Wednesday 9/30, I returned the Merriam briefs, and we discussed them some more. I distributed blank brief formats, which I find useful for creating quick case briefs. We then talked about the Addy v. Jenkins case, going over the way that both the majority and the dissent characterized the proximate cause issue. On Monday 10/5 we will discuss the use of precedent in the Addy case, and also get the question of which opinion, majority or dissent, made more sense to you.

The assignment for Monday October 5 is to read Chapter 5 of the text, regarding the final element of negligence, damages. On p. 75 at the end of the chapter, there are two "Exercises", which ask "Is your jurisdiction one that allows...?" Try doing research in Westlaw that answers those two questions. The idea of the assignment is just to have you try navigating through Westlaw, so don't worry about getting the "right" result. To navigate through Westlaw, one path would be, after signing on, select "view westlaw directory",select "all databases", select U.S. State materials/statutes, select "statutes- (annotated or unannotated)individual states", select Maine, switch the dialogue box to "natural language", and search "wrongful death". The titles of the statutory sections can be helpful in making an educated guess about which of the selections to try. Remember that the idea is just to get you to try using some of Westlaw, so don't worry, be happy.

September 28, 2009

PL 301--Torts
In class today, Monday 9/28, I distributed two handouts, my Sample Brief of the Merriam case, and the homework assignment for Wednesday. I collected the Merriam briefs, and we spent the entire class going over the case. I will hand them back on Wednesday.

The assignment for Wednesday September 30 is to read and prepare to discuss the case of Addy v. Jenkins, 2009 ME 46. You don't have to write a Brief of the case, but prepare to discuss it as if you had written up a brief of the case.

The case can be accessed by going to the Maine Supreme Court site

http://www.courts.state.me.us/court_info/opinions/supreme/index.shtml

(or else just Google Maine supreme court opinions and follow that link)

then scroll down to 2009 ME 46

The case has both a majority opinion and a dissenting opinion. Read both. Which makes more sense to you? Why?

September 23, 2009

PL 301--Torts
In class today, Wednesday 9/23, I distributed one handout, a sheet going over the format categories for the Merriam brief. We went over some aspects of the Merriam case, and also looked at the Summers v. Tice case in Chapter 4 of the text. Then we went to the Husson computer lab, where I introduced the class to the joys of Westlaw, with the exercise of seeing whether Maine had adopted the burden-shifting rule of Summers v. Tice. The assignment for Monday 9/28 is to complete (and have ready to pass in at the beginning of the class) the Merriam v. Wanger case brief that was assigned on 9/21.

September 21, 2009

PL 301--Torts
In class today, Monday 9/21, I distributed one handout, the Maine Supreme Court case of Merriam v. Wanger, 2000 ME 159. I handed back the Smith case briefs that were handed in last class, and we went over them, both the format of the brief and the some of the substantive issues involved. We also went over Federal court organization, and we discussed the concepts of mandatory and persuasive authority. We looked at the authority used by the Smith court for the causation question of the employer's negligence as the "sole proximate cause" of the accident.

Next Monday, 9/28 the first graded assignment will be due, which is to write a case brief of the Merriam case that was distributed today. The Brief should be in exactly the format used in the Sample Brief Template distributed in class, and the sample Case Briefs distributed.

Please make two copies of your brief, one to hand in at the beginning of class, and the other for you to have during class for our discussion.

You may e-mail me if you have questions about the brief. The more time that I have to answer our questions, the more likely it is that I can be helpful.

If you cannot be in class on Monday 9/28, you should still e-mail me your brief by the beginning of class time. If you do that, you will not have any grade deducted from your grade for the brief. If you do not, you should still contact me as soon as possible to see what options are available to you. (Generally, I do not want to accept assignments after we have discussed them in class). See the Syllabus for the class rules regarding late papers.

IMPORTANT:If you e-mail your paper to me, I will reply to confirm that I have received your assignment. If I do not reply, then I have not received the assignment.

The assignment for Wednesday 9/23 is to begin working on the Merriam brief. We will also continue our discussion of causation, including the previously assigned Chapter Four of the text.

September 16, 2009

PL 301--Torts
In class today, Wednesday 9/16, I distributed 4 handouts: a flyer about the Volunteer Lawyers Project, (who will visit our class next Wednesday); a section of the Maine PUC statute; a section of the Maine PUC regulations; and a Sample Brief of Smith v. PUC. We spent most of the class going over the format and content of the Smith Brief. I collected those Smith Case Briefs. On Monday 9/21 I will hand back the Smith Case Briefs, and we will finish going over them. The additional assignment for Monday 9/21 is to read Chapter 4 of the textbook.

September 14, 2009

PL 301--Torts
In class today, Monday 9/14, I distributed one handout, the Superior Court decision in the case of Smith v. Central Maine Power, and we went over some of that case. We went over the concept of negligence per se, and then discussed the Exercises at the end of Chapter 2 of the text. We also talked about the concept of breach of duty. The assignment for Wednesday, 9/16 is to write up a case brief of the Smith v. CMP case. Use the Case Brief template as much as possible, but since this is a trial court decision, some of the template will not apply. I will collect the case briefs, but I will not grade this assignment.

September 9, 2009

PL 301--Torts
In class today, Wednesday 9/9, we continued our discussion of the concept of "duty". I distributed two handouts, one the Maine statute regarding Good Samaritans, and the other the Maine statute regarding disclosure of a patient's violent threats. We talked more about the cases discussed last week, Joy and Flanders, and how the Law Court distinguished Joy. I went over one additional Maine duty case, Brian R. v. Watchtower Society, 1999 ME 144, 738 A.2d 839. We discussed the Munstermann case from the text. We will pick up with the concept of negligence per se. The assignment for Monday 9/14 is to review the rest of Chapter 2 and the previously assigned exercises, and to read in addition Chapter 3 of the text.

September 7, 2009

PL 301--Torts
In class today, Monday 9/7, we finished our discussion of Alexander v. Mitchell. We talked about how the Law Court treated the primary cases relied on by the parties, Budzko and Denman. I corrected the Alexander sample Brief to include the crucial "not" into the Holding. I also went over 2 additional Maine cases that discussed "duty", Joy v. EMMC, 529 A.2d 1364 (Me., 1987) and Flanders v. Cooper, 1998 ME 28, 706 A.2d 589. The assignment for Wednesday 9/9 is to review that which had been previously assigned for today--i.e. read chapter 2 of the text, and prepare to discuss the Exercises on pp. 27 and 28 (except for the first Exercise).

September 2, 2009

PL 301--Torts
In class today, Wednesday 9/2, I distributed 2 handouts, one a Sample Brief Template, and one a Sample Brief of Alexander v. Mitchell. We briefly discussed Chapter One of the text, and then went into a detailed discussion of Alexander v. Mitchell. Along the way we went over Maine Court organization, and the Civil Procedure involved in initiating a case, cross-complaints, and summary judgment motions. We will continue on from paragraph 10 of the case next Monday. The additional assignment for Monday September 7 is to read Chapter 2 of the text, and prepare to discuss all but the first of the Exercises found on pp. 27-28 of the text. (Remember that we do meet on Monday, even though it's Labor Day).

August 31, 2009

PL 301--Torts
In class today, Monday 8/31, I distributed 2 handouts, the Syllabus and the Maine Supreme Court case of Alexander v. Mitchell, 2007 ME 108. We began the process of going through that case. The assignment for Wednesday September 2 is to read that case, noting any words, phrases, or concepts that give you pause, and also to read Chapter One of the Textbook.