This study aid features an innovative method of content organization. It uses a checklist format to lead students through questions they need to ask to fully evaluate the legal problem they are trying to solve. It also synthesizes the material in a way that most students are unable to do on their own, and assembles the different issues, presenting a clear guide to procedural analysis that students can draw upon when writing their exams. Other study aids provide sample problems, but none offers the systematic approach to problem solving found in this book combined with concise analytical summaries of the leading issues in tort law.
A great checklist presents the series of questions that must be asked and answered in order to identify and resolve the range of legal issues presented in an examination question. Acing Tort Law gives you this resource by providing checklists for all of the topics generally covered in the basic Tort Procedure course. Clarifies complex procedural topics in an easy-to-understand checklist format Provides the critical roadmap you need to guide you through your analysis on exams Sets forth each of the issues you should spot and resolve within an exam problem Presents the key questions you must ask and answer to engage in a complete and correct analysis Lays out a clear and succinct review of each of the major topics and cases covered in the basic first-year course Includes numerous hypothetical problems and sample answers that can be used for practicing the checklist approach Every chapter contains Points to Remember to help sharpen your answers and avoid common mistakes. The final chapter, General Examination Tips, delivers important practical advice for preparing for and taking your final exam. At last, you can make sense of everything you learned in Tort Law! Book jacket.
This study aid features an innovative method of content organization. It uses a checklist format to lead students through questions they need to ask to fully evaluate the legal problem they are trying to solve. It also synthesizes the material in a way that most students are unable to do on their own, and assembles the different issues, presenting a clear guide to procedural analysis that students can draw upon when writing their exams. Other study aids provide sample problems, but none offers the systematic approach to problem solving found in this book combined with concise analytical summaries of the leading issues in tort law.
Moving beyond the outline format used by most students, this book uses a checklist format to lead students through the questions they need to ask and answer to fully analyze the legal questions they are trying to resolve. It assembles the different issues, presenting a clear guide to procedural analysis that students can draw upon when writing their exams. Other study aids provide sample problems, but this book offers a systematic approach to problem solving.
Professors Fischl and Paul explain law school exams in ways no one has before, all with an eye toward improving the reader’s performance. The book begins by describing the difference between educational cultures that praise students for “right answers,” and the law school culture that rewards nuanced analysis of ambiguous situations in which more than one approach may be correct. Enormous care is devoted to explaining precisely how and why legal analysis frequently produces such perplexing situations. But the authors don’t stop with mere description. Instead, Getting to Maybe teaches how to excel on law school exams by showing the reader how legal analysis can be brought to bear on examination problems. The book contains hints on studying and preparation that go well beyond conventional advice. The authors also illustrate how to argue both sides of a legal issue without appearing wishy-washy or indecisive. Above all, the book explains why exam questions may generate feelings of uncertainty or doubt about correct legal outcomes and how the student can turn these feelings to his or her advantage. In sum, although the authors believe that no exam guide can substitute for a firm grasp of substantive material, readers who devote the necessary time to learning the law will find this book an invaluable guide to translating learning into better exam performance. “This book should revolutionize the ordeal of studying for law school exams… Its clear, insightful, fun to read, and right on the money.” — Duncan Kennedy, Carter Professor of General Jurisprudence, Harvard Law School “Finally a study aid that takes legal theory seriously… Students who master these lessons will surely write better exams. More importantly, they will also learn to be better lawyers.” — Steven L. Winter, Brooklyn Law School “If you can't spot a 'fork in the law' or a 'fork in the facts' in an exam hypothetical, get this book. If you don’t know how to play 'Czar of the Universe' on law school exams (or why), get this book. And if you do want to learn how to think like a lawyer—a good one—get this book. It's, quite simply, stone cold brilliant.” — Pierre Schlag, University of Colorado School of Law (Law Preview Book Review on The Princeton Review website) Attend a Getting to Maybe seminar! Click here for more information.
"This Understanding treatise is the perfect complement to first-year tort courses and is suitable for use with any tort casebook. Concise and authoritative, Understanding Torts features comprehensive and up-to-date coverage of intentional torts, privileges, negligence, cause-in-fact, proximate cause, defenses, joint and several liability, damages, strict liability, products liability, economic torts, malicious prosecution, abuse of process, defamation, and invasion of privacy; judicious use of footnotes to provide full, but not overwhelming, primary and secondary support for textual propositions; clear organization and writing to enhance understanding of basic concepts and major cases covered in a torts course; and in-depth analysis of topics that generate the greatest confusion and controversy. This edition includes explanation and analysis of new Restatement (Third) Intentional Tort provisions including battery, assault, false imprisonment, and transferred intent as well as proposed new Intentional Economic Tort provisions. The text also includes United States Supreme Court developments limiting punitive damages and other new case law"--
Background Elements: Contract Curve and Expectation Damages; Consideration and the Bargained-for Exchange; Contract Formation; Unfairness and Unconscionability; Contract Interpretation; Performance and Breach; Mistake and Impossibility; Remedies; Third-Party Beneficiaries.
Through its excellence in scholarship, clarity, and ease of use, this casebook engages readers in a critical thinking about tort law. It sets forth crisply edited classic tort cases as well as cases reflecting the newest tort law trends. Its authors are a strong combination of respected scholars and those who practice in the subject. The casebook goes beyond judicial decisions and includes key tort-centered legislation and comparative perspectives where relevant. The casebook encourages the reader to understand the law's foundations and debate modern trends within various policy prescriptions. Unbiased in its approach and organized in manageable sections of information, the casebook is a superb tool for productive and stimulating classroom debate. Tort law doctrine and its rationale will come alive for students. The casebook, proven over 13 editions, assures that our students will be effectively guided to embrace the law of torts as a building block for the remainder of law school and a life in the law beyond. This new edition insures that it will maintain its place as the most widely adopted Torts casebook.
As a part of our CasebookPlus offering, you'll receive the print book along with lifetime digital access to the eBook. Additionally you'll receive 12-month online access to the Learning Library which includes quizzes tied specifically to your book, an outline starter and digital access to leading study aids in that subject and the Gilbert® Law Dictionary. The study aids included are Torts in a Nutshell, Acing Tort Law and Exam Pro on Torts. The redemption code will be shipped to you with the book. Through its excellence in scholarship, clarity, and ease of use, this casebook engages readers in a critical thinking about tort law. It sets forth crisply edited classic tort cases as well as cases reflecting the newest tort law trends. Its authors are a strong combination of respected scholars and those who practice in the subject. The casebook goes beyond judicial decisions and includes key tort-centered legislation and comparative perspectives where relevant. The casebook encourages the reader to understand the law's foundations and debate modern trends within various policy prescriptions. Unbiased in its approach and organized in manageable sections of information, the casebook is a superb tool for productive and stimulating classroom debate. Tort law doctrine and its rationale will come alive for students. The casebook, proven over 13 editions, assures that our students will be effectively guided to embrace the law of torts as a building block for the remainder of law school and a life in the law beyond. This new edition insures that it will maintain its place as the most widely adopted Torts casebook.
