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Messages - CJLaw
« on: September 27, 2004, 06:12:58 PM »
Here's a part-timer's perspective:
Legal Writing: 10:30-11:30
Prep for Contracts:12:00-2:30
Prep for CivPro: 12:30-2:00
Relax/Kid Time: 7:30-11:00
Prep Torts/Legal Writing:12:30-2
Prep Legal Writing:10-10:30
Legal Writing: 10:30-11:30
Family Time: 5-8
Prep CivPro: 8-10
Library Research: 9-10
Prep Legal Writing: 10-10:30
Legal Writing: 10:30-11:30
Prep Torts: 12:30-2
No School Stuff
Prep for next week 8-10
Preop for next week:8-12
The next week is the same except that I work Wed and have off Mon. We usually do some family activity or visit friends on the Sat I have off.
« on: September 22, 2004, 07:38:47 PM »
I am loving CivPro, its more intense than the other classes (especially since I crashed and burned in week 2), but to me its still the most interesting.
Anyway, you might want to stop trying to memorize the rules, take a step back, and try to understand the process. The rules won't make any sense, if you don't understand where you are in the process and where the rules apply to the process.
As far as Rule 12(g) and 12(h) go:
Rule 12(g) is primarily a one shot deal. It provides that a party may consolidate certain pre-answer motions into one filing. The catch is that once a party files a 12(g), the motions that were not used are lost. The exception (because there always is one) is that if, following the filing of the 12(g), new information becomes available which opens the door for a motion that was closed prior, that party MAY seek to file it anyway. However, the burden is on that party to prove why the grounds for the motion were not available at the time of the filing of the original 12(g). This is called the "then available" clause.
Rule 12(h) expands on 12(g), giving an outline of when a motion can be lost and when it can be preserved. It breaks down like this:
12(b) 2-5 motions(lack of jurisdiction over the person, improper venue, insufficiency of process, insufficiency of service of process) can be lost if they are ommitted from the pre-answer motion consolidation (12g) OR is not filed in a "then available" clause motion OR is not listed in the responsive pleading.
For example, you are the defendant and you have grounds to file a motion to dismiss due to lack of insufficiency of process and lack of jurisdiction over the person. You only file a lack of jurisdiction over the person motion. Your ability to file the other motion is lost forever. Now, lets go further. If you have the same grounds as above, but you never filed either motion before sending your answer. You can now put those grounds to dismiss in your answer. If you don't the ability to move is gone. Now let's go even further. You have the same grounds as above and filed, but lose the argument. You still haven't sent your answer. Upon further investigating, you find grounds for a motion to dismiss for improper venue. You can file that motion, but before hearing it, the court will ask you to prove WHY the grounds for the motion were not available to you at the time of the first motion filing.
12(b) 6 and 7 motions (failure to state a claim for which relief can be granted, failure to join a party under R. 19) can be filed at any three of the following times: pre-answer motion, in the pleading, and at trial.
12(b) 1 motion (lack of jurisdiction over the subject matter) can be filed at ANY time.
Hope that helps. Gotta go, we're doing joinders tommorrow.
« on: August 11, 2004, 01:15:50 PM »
Those of you who have already attended your orientations, what all did you do? Is it necessary to bring anything to orientation? What does everyone wear?
Just some rambling questions from another nervous 1L!
Thanks for your help in advance.
My orientation starts on Monday and lasts for the entire week. I have five or six seminars to attend and one class (intro to law), which I must pass in order to participate in my fall schedule. I actually had to take the entire week off from work (I'm part-time) in order to attend all the mandatory events.
I'm nervous as well, especially since I have yet to buy a laptop or this semester's books (my FA is still pending)
« on: August 22, 2004, 12:30:30 AM »
C'mon folks stop with the happy, happy, perfect world posts already. Yes, jennifer is a very obnoxious pre-law, who speaks of the process first hand, but has yet to take the LSAT or be accepted to a law school, but that doesn't make her Satan's spawn . . . she is just an a-hole.
Her comments to the OP were a bit harsh, but they still ring true.
To the OP: Don't embarass yourself by taking the LSAT again. Polish your essay writing by investing in some professional help to improve your personal statement, get some stellar LOR's, and apply to some 4th tier schools. Focus on schools with part-time and summer trial programs. You may still have a chance of being accepted to one of those. At orientation this week, I sat next to two girls from our summer trial program (one scored 141, the other 145), so it can be done.
To jennifer: You will fit right in with the Ivy League crowd. I would pay to see the expression on your face during your first day of class when that grizzly old school prof takes a chunk out of your ass for looking down at your brief when presenting the assigned case. That is, IF you don't choke out like that other rube on this forum who postponed taking the LSAT because he "felt he was only prepared enough to get a 174". You, like that guy, probably have all sorts of brains, but no class or character. . . . the classic cookie cutter ivy lover. Oh, and do LSD a favor. Until you are an actual law student or at least until you are accepted somewhere--don't give out advice, especially to the newbs. People post "what are my chances" threads in hopes of getting advice from people who have REAL knowledge and experience in the process, not from some cocky file clerk making less than a manager at Burger King.
« on: June 22, 2004, 10:09:02 AM »
My best impression of superiorlobe:
It is 10:30 am on June 14th and I just finished my 58th practice exam. I scored a 178
. I have been gunning for that 180. For the past seven months I have studied for the LSAT over 9 hours per day, taking a practice test everyday for the last two months. I know I can score a 180! I know it, I know it, I know it, I know it . . . . BUT the last three practice tests I have taken, I have scored 180-179-179-178. I just cannot afford to be incorrect on FIVE questions. Do you understand what my daddy would do to me? I must get into Yale, Harvard, or Stanford, or my daddy will dissolve my trust fund. Then he will beat me on my bare ass with a deep sea bass ----I cannot go through that again. Because of the smell, no one at the yacht club approached me for over a week
I think I will play it safe and pospone taking until October. I will then have the summer to obsess about the LSAT and masturbate daily to my Examcrackers. . . . . . What choice best describes the author's point of view? Is it A? oh yeah it could, baby. Maybe B? C'mon slip into something more comfortable. C? Almost there! How about a little DDDDDDDDDDDDDDDDDDDDDD . . . right in your face! Beats Playboy everytime!
« on: May 27, 2004, 12:52:11 PM »
Whoa! Calm down there kiddo. Take a deep breath . . . relax.
As a previous poster stated, your GPA will probably land you around a 2.9. That is not at all a death knell. What you really need to focus your attention on is bringing up that LSAT score. If you meet the target of at least a 152, you will be competitive at most tier 4's. To land at a tier 3 you need in the high 150's, if you have some good EC's and life experience, otherwise you will probably need at least a 160 to get in. Unless you aboslutley rock the LSAT, tier 2's may be out of the question. Also, write an addendum to your application specifically addressing the problem you had at your first undergrad. I would also mention the upward trend in a few sentences of the personal statement. In fact, that's exactly what I did. I had an LSAC GPA of 2.5 (upward trend of 2.7 year 3, 3.0 year 4, and 3.3 year 5), 154 LSAT and was accepted to Widener. So, it can be done. Good Luck!
« on: May 01, 2004, 08:56:11 AM »
I would not recommend going to a 4th tier school. As mentioned before 4th tier students are at the bottom of the job food chain, but they pay the same amount of tuition. Study hard for the LSAT and apply next year. The LSAT is mostly a skills based test. Skills can be developed. Studying for the LSAT should include a prep course(do your homework they are very different in every area). I went to Powerscore and that it was excellent. My instructor was UCLA law graduate and very helpful. My score increased from 153 to 167. there were others that went from 130's to high 150's. the avg. jump in my class of 12 from what people told me was approx. 11-13 points. that is significant.
In addition to the class and the extensive homework that was given out. I took 20 Lsat's on my own. In total I took about 30 Lsat's. It helped. I could tell +/- 3 points (raw score not lsat score) how I did on the last 10 tests or so. The only reason I say this if you go to take the lsat again and bomb it b/c of a bad day you will know to cancel your score.
This is bull. The only people who view fourth tiers as the "bottom of the food chain" and not worth attending are pre-laws and huge firms in large metropolitan areas. If you want to have a private practice of your own, work in a smaller firm, or go public interest, you will have many of the same opportunities that a Yale grad will (you'll just start at a significantly lower salary). After the admissions process, its all about class rank, job market in the area, and networking skills.
onlylove, don't let some of these elitist pre-laws scare you off from accepting a seat at a fourth tier. These type of guys have aspirations so low its sickening. Their biggest dream is to be junior assistant associate in charge of copying and filing at Big Law, PC in Manhattan, making 180,000/year out of school. There will be plenty of good paying, satisfying jobs left for us bottom feeders.
« on: April 25, 2004, 07:53:50 PM »
Dinged at Dickenson via e-mail today.
So, its off to Widener I go for Fall 2004!!!
I am soooo relieved that this process is over. I'm am a bit disappointed at the dings, but I still count myself lucky for the one acceptance I did receive.
Good Luck to everyone else still waiting!
« on: April 20, 2004, 12:28:06 PM »
Got my first ding today via telephone. It was from Villanova
Actually, it doesn't sting as bad as I thought it would because I already have an acceptance in hand. So, I at least know that I am going somewhere
. I am still in committee at Dickinson, so I sent them an e-mail of continuing interest and identified them as my top choice. I will be keeping my fingers crossed.
So here is where I stand:
« on: April 19, 2004, 01:09:33 AM »
I received a letter saying they received it and looked forward to seeing me in the fall (Awwwwwww). I haven't sent mine in yet, but I have a 250, 150, and another 250
Just curious, what was the amount of everyone's deposit?
I haven't sent mine in yet because I am waiting to hear something from the other two schools before I write a big fat $400 check to Widener.