Examples of legal education
Thursday, April 22nd, 2010Perfect example of how to explain/teach a legal concept from the most logical to the most arcane:
Say I want to communicate the basic legal concept, here’s what a (somewhat) normal human being would explain it:
(1) I could speak as close to a normal person and say something like: “When one person wants to sell something to another, both the buyer and the seller are responsible for doing their homework on the fair price and value of the item, as long as they don’t blatantly rip the other one off, neither of them can turn around and sue the other guy for an otherwise shady deal.”
(2) Or I could throw out the latin phrase “Caveat Emptor”, nothing else.
(3) Or in addition to the latin phrase, I could include the english translation which is “buyer beware” which in itself only partially explains the concept.
(4) Or I could be a bit more descriptive but still be confusing in a but wordy fashion: “When entering into a binding contract for the exchange of goods or services in full consideration, each party bears its own burden for researching the fair market price and value of the goods or services within the confines of reasonable negotiation, and that barring the limits of fraud, each party bears the obligation or burden to disclose circumstances or events about the product that the other party should reasonably ascertain on their own initiative.”
(5) Or I could give you a 200 year old case and expect you to read the whole thing from front to back, and be prepared to fully articulate the concept in when I call on you in class. http://openjurist.org/15/us/178/laidlaw-v-organ
(6) Or I could give you a citation: 15 U.S. 178 (Wheat.) and forbid anyone from looking it up on their laptops, instead they would all have to get the hard copy version from the law library.
Anyone guess which is the most common method of instruction used in law schools today?