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Messages - Coregram

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The Aspen primers are any of the Examples and Explanations series books.  They are all published by Aspen Publishing.

Current Law Students / Re: LS success book recommendations
« on: May 19, 2005, 06:53:37 AM »
OK, here's my love.  :D

I read quite a few of the "how to law school" books last summer.  I would put them in 2 groups; 1) Planet Law School II and 2) the rest.

Planet Law School is written from a negative viewpoint on law schools and law professors.  It generates strong reactions from people both for it and against it.  I feel it's approach should be taken as a "buyer (student) beware" rather than a "don't go to law school" approach and really advocates taking responsibility yourself for your eduction and not relying on law school to "spoon feed" it to you.  I doubt anyone expreriences all the horror stories he has, but I bet most people will experience or hear of at least one or two similar incidents during their law school career.  If nothing else, I think the suggestions for supplemental materials (especially some books by John Delaney) and prepping before you go were worth it.

The other books all have a neutral or positive slant and most contain similar advice (i.e. don't fall behind, go to every class, brief the cases, use supplements, exams are what really counts, etc.)  You might glean one or two different things from each, but 90% of the material is the same.

Getting to Maybe is about approaching law school exams.  Personally, I found it somewhat difficult to understand and think the LEEWS approach is an easier and better approach to exams, but others like Getting to Maybe.

My advice would be to read PLS II and one or two of the others; then decide if you want to read any more.

Also, I'd suggest reading a few books about the law and lawyers in action that aren't "How to Law School" books. A few I read last summer were "A Civil Action," "The Buffalo Creek Incident," "Gideon's Trumpet," and "The Brethren."

Current Law Students / Re: Torts question - joint tort feasors
« on: May 09, 2005, 01:18:04 PM »
Joint tortfeasors - 2 or more acting together breach the same duty and cause an indivisible injury

Concurrent tortfeasors - 2 or more acting independently breach a duty (same of different) and cause an indivisible injury

Joint and several liablity - can be either joint or concurrent tortfeasors; all individually liable for entire amount of damages. 

Current Law Students / Re: Are most exams open book?
« on: May 04, 2005, 07:04:32 AM »
Civ Pro and Property last semester were both closed book in class.

Contracts this semester is closed book in class; torts is open book but in class.

I haven't taken the Torts final yet, but the mid-term was open book in class as well.  I agree that you won't have much time to consult with the materials during the exam and fully address the issues.  For the midterm, I created a summary outline which I was able to refer to quickly and use as a checklist to make sure I covered all the points.  Once or twice I went back to the detail outline or the case-book, but not often.  There just isn't enough time, so you better know the material pretty well coming into an open book exam.

Also, our torts professor basically said he gives no credit for listing elements, etc. that can be copied from the book or your outline.  His emphasis is on the analysis you do using the rules, not knowing the rules.  So you won't get much credit for anything you take out of the materials you use anyway.

Current Law Students / Re: Third Party Beneficiaries
« on: May 03, 2005, 06:48:13 PM »
The Restatement 2d is the majority position.

But a few states still use the Restatement 1st position that a third party donee (but not a creditor) beneficiary vest immediately when the contract is executed. In those cases, the beneficiary doesn't have to be aware to have rights.  Example - see Tweeddale v. Tweeddale 116 Wis. 517.

Current Law Students / Re: Contracts practice exam answers
« on: May 03, 2005, 06:29:29 PM »
I only have time to respond to (1).

The issue is whether Joan has actually repudiated the contract.  Restatement 2d, S. 250 defines repudiation as either 1) a statement that an oblgor will commit a breach that would give the obligee the right to damages for total breach, or 2) a voluntary affirmative act that shows the obligor unable or apparantly unable to perform.  Joan's statement that he may have to wait for his money isn't a clear statement that she won't pay him the money when the book is published, nor is it an action that shows she is unable to pay him the money.  She may mean that the book won't be out for a while now, and he will have to wait for his money until the book comes out, which is consistent with the original terms of the contract.  And the fact that she has already partly performed by paying the first $10K is evidence that she can perform.  Her statement is not a repudiation.  Rob would be justified in seeking assurance from Jan that she will perform though.

Current Law Students / Re: Contracts Question
« on: March 06, 2005, 06:14:15 PM »
I'll take a stab at this.

First, the UCC provides a couple of exceptions to the r
required writing for sale of goods $500 or more.

A. Part performance by beginning to manufacture goods specially made for a specific customer and that can't be easily sold to others.

B. Goods have been made, delivered and accepted.  Seller can then enforce payment.

Other than that, the part performance exception requires the part performance be enough to prove the existence of a contract (one rationale for the statute of frauds to document certain contracts to prevent fraud) and usually requires the party seeking enforcement to have done something in reliance of the unwritten contract.  Part performance is a substitute for the writing.  This is tough to meet.  For example, working for 2 years on a 5 year employment contract and then getting fired doesn't necessarily prove that there was a enforcable contract for 5 years; only that there was one for the 2 years worked.

I'm only a 1L myself, so I can't say for sure.  But it seems to me that present grades are only an indication of future grades if you put in the same work (or lack of it) in the future as you did in the past.

Bad grades in the past can be improved by more/better studying in the future.

Likewise, good grades in the past probably are the result of hard work/studying, and can only be repeated by the same effort. 

Congratulations on the good grades, but don't rest on your laurels and assume you will get good grades because you got them before.  Keep doing what you were doing.

Current Law Students / Re: Time for Football?
« on: January 19, 2005, 06:36:12 AM »
Steelers win!!!!

btw, I think NE is going to lose...

Steelers won the right to lose to New England.......just like 3 years ago!   :D

Current Law Students / Re: Do u get called on once or more than once???
« on: January 15, 2005, 07:22:07 AM »
I can imagine Prof. Kingsfield:

"Downy....Fill this room with your intelligence!"


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