GettingtoMaybe_HowtoExcelonLawSchoolExam.epub
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文档简介:
"Knowledge is free for those who seek..." This book is made available
by Tashfin.
For Pam and Laurie
"Knowledge is free for those who seek it..."
Digitized by the Internet Archive in 2011. Cracked and Scrubbed by
Tashfin in 2013. Happy Reading!
http://www.archive.org/details/gettingtomaybehoOOfisc
viii Contents
2. Where Do Purposes Come From? 40
a. Legislative intent 40
b. Policy analysis 42
3. Purposes as a Source of Statutory Ambiguity 43
a. Competing purposes 43
b. The pattern of conflict: Broad vs. narrow purposes 46
4. Language as a Source of Statutory Ambiguity: Competing Meanings
48
B. Fact Situations To Watch For 52
Chapter 5 Forks in the Law: Competing
Interpretations of Caselaw 55
A. Desperately Seeking Similarity: When To
Follow Precedent 56
B. Searching for Distinctions that Make a Difference 57
C. Patterns of Ambiguity To Watch For 59
D. Dealing with Multiple Cases 64
Chapter 6 Forks in the Facts 67
A. How Law Creates Forks in the Facts:
Why Categories Matter 68
1. Rule vs. Exception 70
2. Statutory Boundaries 71
3. Sequential Categories 71
4. Crossing the Line 72
5. Categories as Elements of Legal Rul......
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