Monday, September 21, 2009

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.

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