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Topics - Dicta

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Current Law Students / Legal Writing/Appellate brief
« on: December 31, 2004, 09:24:39 PM »
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....

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Current Law Students / UCC definitions of merchant
« on: December 31, 2004, 09:00:39 PM »
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. ???

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Current Law Students / Got Mnemonics?
« on: December 05, 2004, 08:00:25 PM »
I'm wondering if anyone out there uses mnemonics. I really like them, they are very helpful for memorization.
Wondering if anyone has any for Torts or Ks?
I have a few I will email (or post) if anyone wants them.
 8)

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Current Law Students / Legal Writing Curriculum
« on: December 03, 2004, 08:07:49 PM »
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? >:(

any comments?

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Current Law Students / Tabbing the Bluebook
« on: November 15, 2004, 09:42:11 PM »
Ok, time for the Intro to Law/Legal Writing exam.
Just wondering what everyone is tabbing and if anyone has a special method?
Lawgirl?
Susan   ???

6
Current Law Students / Crimes mid-term
« on: September 15, 2004, 01:03:32 PM »
Just a survey of how people are preparing.
I've typed my notes and studied them
Reread and studied briefs
Reread highlighting in chapters
Looked through examples at end of chapters.
Anything I've forgotten?
Thanks!  ???
OH, HOW DO I GET THIS TO THE NSL BOARD? I AM ON THE GENERAL BOARD RIGHT?
PLEASE FORGIVE MY IGNORANCE!

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