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Topics - StrictlyLiable

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1
General Board / Bar Exam Results
« on: October 08, 2008, 03:53:29 PM »
Pennsylvania released theirs todayt. I passed and I am a little drunk right now. Anyone else find out yet?

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General Board / Thoughts on the Bar Exam
« on: July 30, 2008, 07:04:03 PM »
First and foremost, I am SOOOO glad its all over. Bar review sucked. I now have my life back and am verr grateful.

As for the conditions, they were pretty tame. No one burst into tears during the exam. No one left in the middle. I only have two complaints: (1) On the morning of day 1, the AC broke. So, it was 90 degrees in the exam room. Everyone looked like they just got down running a marathon at the break. (2) There was only one set of bathrooms in the exam room and no port-a-johns outside. In addition, they only gave us 10 minutes from the time they allowed us in the exam room until the instructions were issued to use the facilities. Can you imagine over 200 women trying to use one bathroom in 10 minutes?

As for my personal experience, I was shockingly calm going into the test. No butterflies, nothing. However, after the essay portion on day 1, I thought I was going to puke. I was so sure that I failed. This feeling was due mostly to my butchering of the final essay (corporations question). After looking back over the entire essay day, I am confident I did OK. I slammed the PT (if I don't get a perfect score on it I will be surprised), and did very well on 4 of the 6 essays. The other essay I had problems with wasn't as bad as the corporations fiasco. It was a three parter and I did very well on the conlaw portion which was probably the portion with the most points to earn, but struggled on the other two minor portions.

As for the MBE, there were many WYF questions. Not that they were too complex. Rather, it was the complete opposite. The answers were so simplistic and obvious that I was wondering to myself if I was missing something.

In any case, the long wait begins. . . .

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General Board / Prayers for the Bar Exam
« on: July 23, 2008, 11:39:28 PM »
I pray that I do not see a commercial paper question. I never had it during LS, didn't even cover it until a few days ago. I don't understand it and won't even be able to BS it.

I pray that if there is a tax question, it is a simple "is this income" or "can this be deducted" question. If God loves me, he will not allow them to make me do a hotchpot analysis.

I pray that I don't get diarehhea tues and Wed next week. That would suck.

I pray that the MPT is a "draft a letter" scenario.

I pray that the Supreme Court overturns the entire hearsay doctrine and all its f-in exceptions in the next few days.

I pray that the US Air force mistakingly drops a Daisy Cutter bomb on Blackacre, Greenacre, and any other piece of land with 'acre" in it.

But most of all, I pray that the MBE asks about 170 criminal law questions, because that is the only subject I am still scoring over 70% on.

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General Board / Tips for 1L's on your first day
« on: August 20, 2007, 12:38:13 PM »
I know this is probably late for many day students who have probably already gone through orientation and are at their first class as we speak, but for those who start their day late or for my fellow night students, here is some advice on how to get through your first day of law school cleanly.

1. DON'T be the retard who wears a suit to class on the first day.This unfortunate soul is automatically labeled as a feminine hygiene product gunner and universally reviled by the rest of his classmates.

2. DO NOT offer your professor the opportunity to call you by your first name when he/she calls on you as Mr./Ms. So and So.You may think you are being polite and trying to build a repore, but TRUST ME, it will only annoy the professor to the point that he/she will take pleasure in completely humiliating you when a chance is provided.

3. Make sure you are prepared to recite on Day 1.This is NOT undergrad. The professors do not take an entire class period reviewing the syllabus and getting to know you. Usually, professors will jump into the readings within the first 10-15 minutes. So, do yourself a favor by reading the assignment.

4. When you are called on to recite after ignoring #3, DO NOT be an honest injun and admit to being unprepared.This tip goes against every ounce of integrity a person has, but again TRUST ME, all its going to do is put a big billboard above your head that reads "smoke me hard" in large neon letters. Try to muddle your way through it by skiming the text as you are talking. Most often, the professor becomes annoyed with your slow responses and will move on to the feminine hygiene product suit guy who has been waving his hand furiously since class began.

5. Find the hottest chick in class and sit in the row behind her. You get two benefits for the price of one tip here. First, any male who sits close to the hot girl will always try to impress her by volunteering ALOT and any female close by will raise her hand frequently in an attempt to declare intellectual dominance over the hot chick. So, with all these hands going up around you, the professor will skim over your little corner of the room when he needs to call on someone. Second (and most importantly), hot chicks socialize most often with the person to their immediate left, right, and (yep, you guessed it) right behind them.

6.Don't go out for drinks tonight. Too many 1L's are so relieved that they made it through day one that they decide to celebrate "surviving" at the local dive. This celebration invariably turns into an all night bender with a hangover chaser the next morning. Be the only one (besides feminine hygiene product suit guy) to not smell like Lager, Marlboros, and vomit. Your professor will respect you for it.

 

5
General Board / Finanacial Aid awards unfair
« on: May 31, 2006, 08:00:01 PM »
I feel like choking the dean of finanical aid, I just received my awards letter and for the third straight year, I have yet to receive any need based aid. During first  and second year, they told me that 3rd years had priority for the need based monies, so my 0 EFC didn't mean anything. Now that I am a 3L, the office said they changed the policy so that every student has equal access to need based aid. In addition, since my EFC went up to 2015 dollars, with the cut off being 2000, I am ineligible for aid.

This pisses me off because I work for a living and have two children to feed. Right now, I am paying the bursor 600 a month to get caught up on the last two semesters' balance so I can receive my grades. Meanwhile a few of my classmates who matriculated straight from undergrad, only work summer jobs, only live independently during school, and have wealthy parents, are receiving a few thousand dollars in aid. I am friends with this one chick whose dad is a prominent business man in the city and mom is a lawyer at a medium sized firm. Her parents gave her a 2004 Cadillac STS for graduation from undergrad. Just because she worked at Rita's during the two summers before law school and lived with a roommate during classes, her EFC was 0 and she got 3000 in aid from my school.

The dean tried to say that the people who need it always get it. So, I challenged him to walk out into the parking lot on the first day of classes and pick out the junkiest car in the lot. I bet him my semester's tuition that it would be mine (I own an 88 Dodge Dynasty 4 door with the paint falling off).

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General Board / The New Era of Blogosphere?
« on: June 15, 2005, 02:00:49 AM »
Since a few months before the recent Presidential election, mainstream media and talk radio have been discussing the importance of "bloggers" to the new media. Mainstream calls them pajama pundits, while talk radio gives them pub as the new arm of the alternative media.

When I first did a search, I was astounded at just how many of these things their are. Some suck big-time, some are so corporate that they scream "paid for by GE", but some are quite good. After wading through a bunch, here are my favorite thus far:

www.captainsquartersblog.com

www.averagejoeopinion.blogs.c om

www.mattjohnston.blogspot.com

What's everyone else's favorites?

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General Board / The Grade Wait
« on: May 31, 2005, 10:26:32 PM »
Granted, this semester is a bit easier than last because of spring/summer activities, but the wait is still annoying. The thing I am most anxious about is my appellate brief. I received the high grade in my section on the summary judgement motion, but I went over the page limit on the brief. So, needless to say I am a little nervous. We handed the damn thing in, in early April....What the hell is taking her so damn long, anyway?

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General Board / Sage advice for soon to be 1L's
« on: May 13, 2005, 02:34:16 PM »
As I finish studying for my last final which is to take place on Monday morning (Torts), I have become reflective about 1L and decided to pass some advice to the incoming class:

1. Leave past experience at the door. No matter if you are coming straight from undergrad or have worked as a paralegal for 10 years, you are still a 1L who knows absolutley nothing about being a lawyer. Don't pretend like you are your professors collegue because you have been working at a firm. Don't look down at your fellow students because you received a 170 on the LSAT. It doesn't matter what your stats are, what schools accepted you, or what experiences you have had. You are at the bottom of the food chain, get used to it.

2. Don't fall into a clique. If you have low self esteem and need other like minded individuals around you to make you feel better about yourself, don't come to law school. Friends are fine to acquire, but if you feel yourself being drawn into "a crew", have some independance and leave that behind. Cliques are a crutch for weak minded people. All a crutch will do is leave you lagging behind the people running on their own two feet.

3. Brief cases only until you have a grasp on what the professor wants you to get out of a case. They take way too much to prepare and still don't prepare you for the questions that the prof will fire at you.

4. Volunteer in class. You will learn more through active participation than from copiously writing notes based on what other students say. Plus, when you volunteer, you are usually prepared and confident about the material. One note, though, if you volunteer to answer a question that another student doesn't know the answer to, be prepared for the professor to focus on you for the rest of the class. In addition, don't volunteer just to make yourself seem or feel smarter. Stick to the topic at hand, don't go off on a tangent about a prior experience you had, and be mindful that your 20 minute diatribe about the service of process procedures at your company could cause the professor to skim over a topic that otherwise would have been covered in depth.

5. Do your own outlines. The process is what helps you study, not the end product. Commercial outlines are ok to supplement your notes in case you missed class or the professor was ambiguous about a topic. I do my outlines the week before a final. By the time I am finished writing my outline, I understand the material completley. I only review it afterwards to remind myself about the finer points.

6. Attend as many exam writing seminars as possible and complete multiple practic exams. For most of first semester, professors hammer the CRAC or IRAC method down your throat for writing memos. Exam answers are not the same. Practice, practice, practice.

7. When you finish a memo, brief, or final exam, let it go. You have done all you can do at this point, its our of your hands. Focus on the next task or if it syour last one, enjoy the break. Also, don't talk with anyone about the final right after you take. You are bound to have analyzed something differently or missed something someone else covered completley. All comparing exam answers will do is make you super anxious. That anxiety will last for the 1-2 months it takes to get your results back. Just avoid the tension all together and just go home.

8. Don't be discouraged by your first semester grades. In law school, there is a curve. A certain amount of people must get C's and D's. If you fall into this catergory and have never received such a grade ever, don't worry. It means that you have had a harded time adjusting than the other students. Stick with it, come back after break, and talk with your professors about what you did wrong. Then improve. The only class ranking that matters is the one at the end of the year.

9. Manage your time wisely.

10. Whenever possible, on breaks or what have you, visit some friends and family. They'll keep you grounded. When you finally begin to grasp law school concepts, you will start to think that your *&^% doesn't stink. If you have a talk with your mom, she will most definitley tell you different.

Good Luck to everyone.

9
General Board / Venue Question
« on: May 06, 2005, 08:50:38 PM »
I was absent during the class we reviewed venue. One aspect is confusing me. I under stand that 1397 shows when venue is proper for certain types of cases (diversity only, federal question, corporations, etc). However, I am reading about the "venue for one is venue for all" rule, that is not in the statute. That is simple enough. But then, I just read Dee-K Enter. v. Heveafil, which supposedly states the exception to this rule. I am just not getting it though. Can someone please explain?

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Studying and Exam Taking / Contracts practice exam answers
« on: May 03, 2005, 08:48:54 PM »
I have been doing practice tests for my contracts final tommorrow. I would like someone to look over my answers and provide criticism, praise, etc. The fact pattern is as follows:

Joan is a senator and new presidential candidate. She hires Rob to write a campaign biography. She agrees to pay him $40,000 for the book with $10,000 paid in advance. The book is to be delivered in a timely manner. During the course of the negotiations, the parties agree that the book should be out by the time of the New Hampshire primary. Assume for all questions that the contract is bilateral, was signed by both parties, and the parties were competent during bargaining.

Rob leaves his job as a columnist which pays him 200K per year to allow himself time to research, write, and promote the book (in a book tour) following its release. Rob travels around the country spending 30K gathering info for the book. 3 weeks before the primary, Rob is ready to deliver the manuscript to the publisher, with the publisher merely awaiting the go-ahead from Joan to publish and distribute the book. If the publisher scrambles, the book will be out a few days before the primary.

Upon hearing this, Joan contacts Rob and yells at him, "You've messed up the timing of this. I've got a big fundraiswer scheduled in three days around the release of the book. My campaign is already in trouble and you may have to wait for your money."

Question #1: If Rob now refuses to deliver the manuscript to the publsiher is he in breach?

Question #2: Regardless of your answer to #1, assume that Rob asks his attorney what damages he would be liable for if he is found to be in breach. What would the atty say?

Now assume that Joan and Rob resolve their dispute and the manuscript is delivered 3 weeks before the primary. A day later, as the publisher is ready to proceed with printing and distribution, Joan becomes involved in a scandal and subsquent blowup on national television. She withdraws from the campaign  and notifies the publisher to cancel the book.

Question #3: If Joan refuses to pay Rob, is she in breach?

Question #4: Regardless of your answer to 3, assume Joan is found to be in breach. What damages might Rob seek, and what are his prospects for success.


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