Pro-Con Essay #1
Citing to and elaborating upon three cases we’ve studied and discussed during the course from the Case List provided on the day and time of the exam (Thursday, May 14 at 1-3pm), and strictly following the Rules for Writing, make as strong an argument as you can in the form of a persuasive essay in which you AGREE OR DISAGREE with the statement below. Your essay will be proportionally graded on how well you formulate the issue in each case you select, how well you summarize the rule and reasoning supporting the rule and any relevant exceptions to the rule in each case you select, how well you lay out the court’s analysis in each case you select, how well you state the conclusion of the court in each case you select and how well you have used each case you select to support your argument, pro or con.
Judges should be strictly bound to follow well-established property law precedents, even if they personally feel that times have changed and that injustice or bad law might result from adhering to the principle of stare decisis (“Let the decision stand;” the policy of common law courts to abide by or adhere to principles established by decisions in earlier cases).
So, as an example of the format you might adopt;
Smith v. Jones is an excellent example of why I (agree or disagree) that judges should be strictly bound to follow well-established property law precedents, even if they personally feel that times have changed and that injustice would result from adhering to the principle of stare decisis.
The issue before the court in Smith v. Jones was…
The court adopted/followed the rule that… The reason for this rule as stated by the court was…
The court’s analysis of the case looked at/examined/focused on…
The court concluded that…
(Your argument on why the case you selected supports your position pro or con)
Pro-Con Essay #2.
Citing to and elaborating upon three cases we’ve studied and discussed during the course from the Case List provided on the day and time of the exam (Thursday, May 14 at 1-3pm), and strictly following the Rules for Writing, make as strong an argument as you can in the form of a persuasive essay in which you AGREE OR DISAGREE with the statement below. Your essay will be proportionally graded on how well you formulate the issue in each case you select, how well you summarize the rule and reasoning supporting the rule and any relevant exceptions to the rule in each case you select, how well you lay out the court’s analysis in each case you select, how well you state the conclusion of the court in each case you select and how well you have used each case you select to support your argument, pro or con.
Judges should always favor the principle of grantor sovereignty and control over free alienability and other public policy considerations in deciding property rights cases.
Smith v. Jones is an excellent example of why judges should (or should not) always favor the principle of grantor/owner sovereignty and control over free alienability and other public policy considerations in deciding property rights cases.
The issue before the court in Smith v. Jones was…
The court adopted/followed the rule that… The reason for this rule as stated by the court was…
The court’s analysis of the case looked at/examined/focused on…
The court concluded that…
(Your argument on why the case you selected supports your position pro or con)
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