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Professor's Rule v. Black Letter Law

Posted: Thu Sep 28, 2017 1:32 pm
by jeffcooon
Hi all,

I just started outlining for one of my classes.

My professor tends to give his own rules for a concept and I'm just wondering on the exam and for outlines, which rule should I apply? professor's rule or black letter law?

For example, when learning res ipsa, black letter law usually states 3 points to apply on the circumstance. But the professor provides 2 points to apply.

Re: Professor's Rule v. Black Letter Law

Posted: Thu Sep 28, 2017 1:34 pm
by hailcaesar34
Professor > BLL. And probably way to early to start outlining but that's just me.

Re: Professor's Rule v. Black Letter Law

Posted: Thu Sep 28, 2017 2:19 pm
by crownjd
jeffcooon wrote:Hi all,

I just started outlining for one of my classes.

My professor tends to give his own rules for a concept and I'm just wondering on the exam and for outlines, which rule should I apply? professor's rule or black letter law?

For example, when learning res ipsa, black letter law usually states 3 points to apply on the circumstance. But the professor provides 2 points to apply.
ALWAYS Professor's rule. They're going to want to see that rule parrotted back and applied on the exams. When it comes to the Bar, you apply the BLL.

Re: Professor's Rule v. Black Letter Law

Posted: Thu Sep 28, 2017 2:52 pm
by pancakes3
where are you getting your BLL from?

Re: Professor's Rule v. Black Letter Law

Posted: Thu Sep 28, 2017 3:07 pm
by jeffcooon
pancakes3 wrote:where are you getting your BLL from?
Thanks for replying.

Usually Restatement and Barbri commercial outline

Re: Professor's Rule v. Black Letter Law

Posted: Thu Sep 28, 2017 3:51 pm
by rpupkin
There isn't an objective "black letter law" that exists in the abstract. There are various authorities that seek to define and describe what the law is, and they don't always agree. If your professor's definition or description differs from that of the restatement/treatise/whatever you happen to be looking at, go with your professor's version.

Re: Professor's Rule v. Black Letter Law

Posted: Thu Sep 28, 2017 3:54 pm
by A. Nony Mouse
jeffcooon wrote:
pancakes3 wrote:where are you getting your BLL from?
Thanks for replying.

Usually Restatement and Barbri commercial outline
yeah, you need to get BLL from your prof, or at least from an outline keyed to your specific textbook, not a generic Barbri outline.

Re: Professor's Rule v. Black Letter Law

Posted: Thu Sep 28, 2017 4:19 pm
by sucsuroc
jeffcooon wrote:Hi all,

I just started outlining for one of my classes.

My professor tends to give his own rules for a concept and I'm just wondering on the exam and for outlines, which rule should I apply? professor's rule or black letter law?

For example, when learning res ipsa, black letter law usually states 3 points to apply on the circumstance. But the professor provides 2 points to apply.
The concept of "black letter law" doesn't really apply to something developed primarily in caselaw. Also, and more importantly, you really don't need to outline in September because you don't know enough yet to make the exercise useful.

Re: Professor's Rule v. Black Letter Law

Posted: Fri Sep 29, 2017 9:32 am
by jeffcooon
Got it! Professors Rule > BLL

Thanks all :D