April 13, 2006
PL 200-- Criminal Law
In class today Thursday 4/13, I talked about one more Maine case dealing with resisting an illegal arrest. We then talked about the insanity defense and Maine's diminished capacity defense, and discussed through page 253 of the text. The assignment for Tuesday 4/18 is to finish reading Chapter 8.
PL 302--Family Law
In class today I handed back the Tibbetts brief. I started by discussing 2 Maine spousal support cases, Williams v Williams, 1998 ME 32, and Warner v. Warner 2002 ME 156. We went over Chapter 9 of the text, and the Maine property division statute. We also discussed the two cases at the end of Chapter 9. The assignment for Tuesday 4/18 is to read Murphy v. Murphy, 2003 ME 17. Do not brief the case, but instead just write out (to hand in) each Holding of the case. In the format for the Holding, you can leave out the component of "Under what law". What you are left with is the operative legal question (and its answer), and the facts (circumstances) under which the holding applies. As an example from the previous case of Tibbetts v. Tibbetts, one Holding might be written as "The decision of the trial court ordering the Husband to pay child support, spousal support, and the marital debts was not "plainly and unmistakably unjust" when the Husband earned much more than the wife, the marital property had been divided equally and the Husband does have enough money to pay the judgment, even though the Husband was left with less than $80 per week after making those payments. Try to make the Holding both comprehensive enough to include all of the key facts, and clear enough so that it can be understood.
In class today Thursday 4/13, I talked about one more Maine case dealing with resisting an illegal arrest. We then talked about the insanity defense and Maine's diminished capacity defense, and discussed through page 253 of the text. The assignment for Tuesday 4/18 is to finish reading Chapter 8.
PL 302--Family Law
In class today I handed back the Tibbetts brief. I started by discussing 2 Maine spousal support cases, Williams v Williams, 1998 ME 32, and Warner v. Warner 2002 ME 156. We went over Chapter 9 of the text, and the Maine property division statute. We also discussed the two cases at the end of Chapter 9. The assignment for Tuesday 4/18 is to read Murphy v. Murphy, 2003 ME 17. Do not brief the case, but instead just write out (to hand in) each Holding of the case. In the format for the Holding, you can leave out the component of "Under what law". What you are left with is the operative legal question (and its answer), and the facts (circumstances) under which the holding applies. As an example from the previous case of Tibbetts v. Tibbetts, one Holding might be written as "The decision of the trial court ordering the Husband to pay child support, spousal support, and the marital debts was not "plainly and unmistakably unjust" when the Husband earned much more than the wife, the marital property had been divided equally and the Husband does have enough money to pay the judgment, even though the Husband was left with less than $80 per week after making those payments. Try to make the Holding both comprehensive enough to include all of the key facts, and clear enough so that it can be understood.
posted by sol goldman | 1:24 PM
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