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Topics - joshdelight

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My school's law review ("LR") accepts the top 15% of 1L and up to 2 "write-on" students who didn't make the cut but nailed a writing/editing task distributed to interested 1Ls after finals.

I recently skimmed the packet listing the firms participating in on-campus recruiting, and saw their standards (e.g. top 20%, law review).

What position would a student who is in the top 50% but "wrote on" to LR be in?

I imagine that it could have one of several effects, but I don't know which is most likely: (1) no effect at all, (2) a recruiter would look twice at your name when deciding who to interview (as opposed to skipping over you entirely, or (3) a recruiter would see that you clearly "wrote on" to law review, and must therefore be a fantastic writer with excellent attention to detail, a student who would likely be an asset to any firm.

Any thoughts?

2
There was a multiple-choice section on the torts exam that was a legal application of existential philosophy--i.e. Waiting for Godot in 20 questions.

Of course, MC tests are going to be tough, blah blah blah, best answer-not a right answer, blah blah blah. Spare me the trouble of these posts.  This MC section was a crapshoot, a lottery. It asked questions that were the legal equivalent of:

The sky is:
A) blue
B) white
C) blue and white
D) grey
E) none of the above

The point of my bitching is this: Is it possible to get a test question or questions thrown out? What would be the grounds for getting it tossed? If possible, how would one go about getting a question thrown out?

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General Board / "Errors" in Exam Questions
« on: December 06, 2004, 12:29:28 PM »
My K prof handed out a series of practice questions for his exam.  One of the questions contained a possible error that did not render the question inanswerable but completely changed the rationale.  He say's that it was an "obvious" error, and that I should have indicated as much in my answer.

Damn.  While I think he's wrong, he's the prof, so as the kids say nowadays, "Whevs."

Have any of your professors indicated what you should do if you encounter an error, be it possible or obvious?

4
General Board / Detrimental Reliance Hypo
« on: November 10, 2004, 10:46:48 PM »
...Or "promissory estoppel," if you prefer.  :)  Either way, it's bound to generate some discussion.
********
A wealthy uncle promises to pay $10,000 to his niece upon her completion of the bar examination so that she may have a fine vacation.  After the bar, the niece travels throughout Europe and has a wonderful time.  She has not kept an account of her expenditures.  The uncle refuses to pay.  What is the niece's recovery?
********

Okay... this case calls for analysis using theory of detrimental reliance.  Therefore our rule is: a promise which the promisor should reasonably expect to induce action on the part of the promisee and does in fact induce such action is binding if injustice can be avoided only by enforcement of the promise.  The remedy granted for breach may be limited as justice requires.

So, I see (1) a promise that is pretty damn sweet, and the uncle should reasonably expect the niece to act on it. (2) The niece did act on the promise, and had herself a fine vacation. (3) I am not so sure that injustice can be avoided only by enforcing the promise, as the niece's reliance was substantial in nature but because she did not keep records of her expenditures, there is a serious problem with how definite her reliance on his promise was. She might have spent $1000 for a European vacation package. Absent a reason to do otherwise, courts utilizing a detrimental reliance theory will generally only award reliance damages.  As she did not keep records, these damages are not determinable, and therefore, the uncle should prevail.

Tell me I'm wrong... I dare ya!  ;)

5
General Board / K Hypo
« on: November 05, 2004, 04:27:40 PM »
An agreement was formed for the sale of real property for $8,500 with $100 to be paid at the time of the formation and the balance of $8,400 to be paid at the settlement.  The $100 was paid as required.  The writing contained the following provision: "in the event that the buyer *cannot* make the settlement, he may cancel this agreement without any further liability on his part, and the deposit money returned." 

The buyer sought to make settlement, but the seller refused to perform.  What result?

*****
As I see it, the issue is whether the language of the agreement constitutes a freedom of termination on behalf of the buyer such that the buyer suffers no detriment for his promise to purchase; or, in other words, whether the language of the agreement shows a "mutuality of obligation" (consideration) such that the seller's refusal to perform constitutes a breach of K.

In this case, since the conditional language uses the word "cannot," this is forms a K with a term that conditions full performance on the buyer's ability to pay at the time of settlement.  This therefore is not a "free pass" giving the buyer a freedom of termination, and therefore forms a K.

If the language of the agreement had said "will not," than this would give the buyer a freedom of termination, and there would not be any detriment to the buyer in accepting the seller's offer. Consideration fails, and therefore no K.

Does anyone have any other interpretations?

6
General Board / Stress, Law School, and Illness
« on: November 04, 2004, 03:38:18 PM »
I just got back from the doctor... I have *shingles*! WTF? The doc says that high stress is a major contributing factor in reactivating the dormant virus. 

Any one else out there who has become ill from LS stress?

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Pittsburgh / I need Roommate for my Apartment
« on: August 03, 2004, 07:12:11 PM »
Hello all...

I need someone to take the second bedroom in my first floor, two bedroom  apartment.  The person I was going to be living with backed out at the last minute due to unforseen circumstances.  I will be starting law school at Duquesne in August.

The apartment is located in Friendship, about 15 mins from Downtown by bus.  The second bedroom is 11' X 10.5'.  There is a closet. 

The apartment is freshly renovated, has central air, parking, and new carpet and flooring, new kitchen, new bath, etc.  The layout is attractive and open.  The living room is comfortably large and I am open to rearranging the furniture or adding anything of yours.  There is a dining area in the kitchen, and a nook for a desk or whatever. I have high-speed internet, and a wireless access point.  I have a nice TV, stereo, digital cable, etc.  I also have indoor access to the basement if you need to store anything.

Your share of the rent will be $315 (the total is $675, I have a bigger bedroom so I will pay more).  Utilities are separate, although the gas heat system is new and very efficient.

If you are interested or have any additional questions, do not hesitate to call me, even if it is 4 AM.  My number is 412-389-0358 (cell). 

8
Duquesne U / I found a Roommate for my Apartment
« on: August 03, 2004, 07:08:57 PM »
Not that I needed to announce this to the world or anything... the site won't let me delete the topic, so editing it was the next best thing.


9
Duquesne U / The First Assignments!
« on: July 23, 2004, 10:15:10 PM »
I thought it was about time to branch out from the initial topic.

I just briefed Brown v. Board of Education No.1 according to the guidelines that accompanied the assignment.  I had not been aware that briefs should contain the procedural history of a case!  I wrote my brief under the assumption that as Brown v Board is a consolidated decision of four separate cases, I had to summarize the procedural history of those four cases as well.  Doing this according to Duquesne's guidelines took up the better part of a page, and I was... brief.

Any thoughts? Did anyone do it differently?

10
Studying and Exam Taking / Best Legal Dictionary?
« on: June 04, 2004, 04:51:59 PM »
What is the best legal dictionary for a student of the law?

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