Ok ladies, get some discussion going. We know you are out there!
You shall remain anonymous!
You shall remain anonymous!
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Topics - Dicta
Wrote a memo re does client have COA for lack of informed consent if a physician does not advise of ANY risks of a prescription drug which is deemed proximate cause of patient's death.
Argued yes, there is COA based on Tn medmal statute and some common law. There was conflicting Tn case law in that some courts addressed LOIC as battery, but most (especially Tn Sup Ct) addressed LOIC as sounding in negligence....
Anyway, now we have to write appellate brief to Tn Sup Ct. Client has lost at trial level and appellate level b/c court says LOIC for prescription drugs sounds in battery, not negligence.
Ok, the folks who get to argue to Tn Sup Ct for client have their case made out for them.
How do I argue for the physician when I know (and Tort's professor has made it clear) that in TN LOIC sounds in negligence......opinions?
Am I missing something really obvious here on how to present this (losing) argument? I know it is supposed to be about the writing and not the law, but this just rubs me the wrong way....
Is a computer software consultant who sometimes brokers the software he recommends considered a merchant? Would a contract for goods AND services fall under the UCC or common law (as for modifications and mirror image acceptance)? Opinions?
Wondering how to analyze this in a fact pattern (seen on prof's old test).
Believe it or not I have yet to take Contracts and Torts. Contracts scheduled for Monday and Torts cancelled almost 2 weeks ago due to bad weather.....
Thanks for any insight.
« on: December 09, 2004, 11:57:33 PM »
Ok, I am considering putting pretty much all my eggs in the Torts basket.....I figure it is probably the most difficult exam we are going to have. It counts 50% (while Ks count 20% with a make up). I understand Torts and think I have a real opportunity to do well if I can just devote the time to it.
I am thinking I am not going to study for Ks until after Torts. I will get my outline etc together but will not prepare as much for Ks as Torts. I don't think I am going to learn anything now that I don't already know....chances are slim for much more than a C regardless of what I do. I'm clueless.
Opinions are solicited. Especially from those who have "been there done that" EDYTHE? MARGE?
Just surveying what folks had to do for Legal Writing.
We had 2 office memos and a bluebook exam along with some 20 point citation exercises.
We will do an appellate brief before the end of semester (February).
This seems a bit more than most......
Did anyone detest this class as much as I do?
I was told Lewis made a 180 on the LSAT and had to retake it as he was accused of cheating...
took it again and again got a 180. Went to Georgetown. Thank God there are intelligent people who enjoy teaching the law. We have some really high calibur professors!
I've always relied upon my sense of humor to get me through some seriously tough times.
Are all 1Ls humorless? Or am I just not funny?
OK< THAT WAS RHETORICAL,
but seriously, do we laugh as much as we used to?