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Messages - Coregram
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« on: January 23, 2006, 09:47:07 PM »
Regarding the the bar exam, each state sets its own rules so you need to check with the state you hope to practice in.
Some make you take the exam again, others will admit you "on motion" if you are licensed in another state. Some require a certain number of years practice before admission on motion, others don't. I think there might even be one or two that don't require the bar exam (or maybe it is law school) if you meet certain conditions.
The National Conference of Bar Examiners has a publication that summarizes the requirements of all the states requirements.
« on: January 23, 2006, 11:42:46 AM »
I think the proper frame of mind (at least the one I had) is that the course isn't really about "what the law is" as much as it is about "who gets to make the law." That's why cases that are 200 years old, such as Marbury v. Madison, are still good law and important and relevant even today.
I think of it this way: there are 5 potential parties with conflicting powers or rights. Federal Executive, Legislative, and Judicial branches, the States, and Individuals with rights protected under the various amendments. The cases, no matter what the underlying law in question is, almost always is really dealing with resolving the conflict between at least 2 of those parties about who, if anyone, can make the underlying law. The court then generally develops tests and analysis to resolve the conflict. These are what you can then apply to hypos or test questions.
It does seem a bit more alive when the underlying laws are issues you can relate to today.
« on: January 19, 2006, 02:40:45 PM »
Warren Burger, Chief Justice SCOTUS - William Mitchell (was St. Paul School of Law at the time) in part-time program.
« on: January 19, 2006, 11:43:07 AM »
And only look at NY cases first since there doesn't appear to be a reason you could even go into Federal Ct.
And while you might not cite any unofficial reports or secondary sources, they should lead you to some statutes and/or officially reported cases you can use.
Not to be a jerk, but if you are as lost as you indicate in starting the research, either your instructor hasn't done a good job in teaching you the research process or you aren't getting it. Either way, you should consider going back and getting a better understanding of how do approach researching a problem. You will need this skill in the future no matter what type of law you practice or in what environment you practice it.
« on: December 28, 2005, 04:20:35 PM »
Thank you very much for the advice everyone.
Also if I am not mistaken, it is not illegal to be under the influence of a controlled substance? There was a case that outlawed the arrest/conviction, as it was seen as an illness. Maybe as a juvenile, I was not protected or perhaps juveniles receive rehabilitation? I do remember attending a drug class.
Glad to hear you got an answer to your problem.
However, you are mistaken if you think that being under the influence of a controlled substance is not illegal. It most certainly is, as being under the influence is considered an act.
The case you are referring to related to a law making it illegal to be addicted to drugs. Being addicted to something is considered a status/illness and you can't be arrested merely for being addicted to something. But once you feed the addiction and become under the influence, you have commited an act that can be punished under the criminal system while you are under the influence. The crime isn't being addicted, it is being under the influence.
« on: December 20, 2005, 06:34:16 PM »
What kind of study guides are you looking for?
Commercial outlines can be keyed to any casebook by matching up the table of contents.
If you are looking for canned briefs, Barrister or Barnes and Noble usually have good selections, but no guarantees.
« on: December 19, 2005, 09:57:59 PM »
Another question for anyone: If two people agree to commit multiple crimes together, will they be prosecuted for multiple conspiracy charges? (I think I know the answer to this -- I would say "yes." However, our prof has taught us basically nothing.)
It depends on the multiple crimes. If they are committed as part of the same agreement or relationship between conspirators, there is only one count of conspiracy. (i.e. conpiring to purchase and sell a lb. of cocaine is one conspiacy, to distribute, and not two conspiracies - to buy and then to distribute.) If there are seperate agreements (i.e. two weeks later, they again agree to purchase and sell another lb.) then there are two conspiracies.
« on: December 15, 2005, 03:18:33 PM »
It depends on your school. Ask your registrar.
« on: December 15, 2005, 10:26:03 AM »
I agree with Jacy. Go to be early and get a good night sleep tonight (and no red bulls today!) Wake up tomorrow refreshed and ready. Then read through your outline twice. I bet you find most of it comes back quickly. Then do any last minute cramming on the parts that didn't come back.
« on: December 14, 2005, 09:34:50 PM »
I agree it probably won't be a big deal, particularly if you did a good job on the rest of the exam. Other people may not have gotten to it either, or may have only gotten a few points on it.
But you should take a lesson away from this. You need to try to budget the time you spend on each question based on the points and try to stay in it so you take a shot at every question.
First thing I do when I get and exam is write the target time to complete by each question. I might run over a little on one section/question, but at least I'm aware of it and can try to make it up.
Also, when I see I only have 15-20 minutes left, my answer get much shorter and basic so I at least take a stab at every question.
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