Elements Outline

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GENERAL GUIDELINES * Think the problem through using the tools – focus for specificity * See if the question gives you a roadmap  Think through assertions of factual outcomes.  Think through intuitions; don’t just state them.  Focus carefully on facts unique to the case (judge has to write opinion; not appealable).  Isolate the applicable part of the statute and don’t confuse it with other parts.  Stick to the hypothetical and don’t talk about the course generally.  If the argument you make for one side is a stretch, say so.  The counter-arguments you make for one side do not have to mirror the other side’s arguments.  If something is just a quibble, mention it and say so.  Are the arguments someone tries to make inconsistent with each other? Are people unfaithful to their own logic? * If there is statute, focus on each specific provision with specific precision. Don’t rely on the checklist. * Think about the incentives created for each decision/recommendation – which ones do we want to create and which ones do we not want to create? * Be careful that arguments don’t put you into an infinite loop * Focus on the current question – don’t recite previous exams * Think about when dealing with a new statute and when dealing with judicial precedent I) introduction: state v. post A) Holding: Slavery has always been legal in NJ. The Constitution does not specifically outlaw it (life, liberty, pursuit), but it upholds property rights. This specific language trumps the vague language. B) Relates to almost every section 1) The Court takes a formalist approach (Slavery existed before Constitution so it should exist after) (a) There is a precedent in MA outlawing slavery, but a similar case in VA legalizing slavery (argue that the MA judge is anti-slavery,
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