Agenda for 10th Class

1
Agenda for 10th Class

• Name plates
• Voice recorder on
• Review of Last Class
• Common Law

2
Assignment for Next Class

• 34-36 (pp. 165-81)
• Questions to think about regarding MacPherson
• 1) Is the majority opinion faithful to the
  precedents it cites? Why or why not?
• 2) Is the opinion good policy? Why or why not?
• 3) If the reasoning in the dissent had prevailed,
  would McPherson have been able to sue someone
  other than Buick for its damages? If so, who?
  If MacPherson could have sued someone else, why,
  as a matter of policy, is it better that
  MacPherson be able to sue Buick than that other
  entity?

3
Administrative Stuff

• Friday lunch.
• AB. Sign up at the front of class
• 1220 on roof patio access from door between
  rooms 433 and 434
• Please buy lunch well in advance
• Office Hours
• Wed 10/1. 245-345. Rm. 460
• 20 minutes after every class. Rm. 130

4
Review of Rules Standards

• Rule requires adjudicator to make determinations
  that are primarily factual
• E.g. Speed limit
• Advantages. Easier to predict, cheaper to apply
• Standard requires adjudicator to make judgments
  about what is permissible
• E.g. negligence reasonable person standard
• Advantages. Easier to draft, harder to evade,
  less of a problem with over underinclusiveness
• Continuum between rules and standards
• Legislation often incorporates both
• Specific rules plus catch-all standard
• Adjudication can transform standard (or part of
  standard) into set of rules
• Rules more suitable when similar situation recurs
• Standards more suitable when dealing with
  uncommon events

5
Common Law Question

• Please pay special attention to
• P. 155. Questions 1-3
• P. 159. Questions 1-5
• P. 162. Questions 1-3
• P. 164. questions 1-2