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Messages - resipsaloquitur

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I agree with others that you need to get more info on what you are in for fighting this. You will need to be prepared. Ask the Dean where you can get a copy of the procedures explaining the process, what standard they will use in looking at the situation, and the part of the code they claim you violated.

Think about how the school will look at this from those standards.  Were it not you, would you believe what you are saying?  They will probably want to know: Why had you not already started the exam software when the exam started rather than waiting?  If you realized the error during the exam, why did you not alert anyone (e.g. a proctor) during or immediately after the exam?


I felt wretched after Crim Law last year and it was my best grade.  Opposite feelings and results in Civ Pro.

There's no way to know.  I never discuss exams with classmates after the fact.  And I try not to think about it.

Current Law Students / Re: Dying in Torts! Need good supplement.
« on: December 10, 2008, 10:05:31 PM »

Just get an outline from a previous student and go through it marking it up with your own notes.

Then practice exams. Focus on practice exams. 


I wouldn't. It's both wrong and risky.

I think it would be funny if one of your classmates spent their time decoding it or whatever and then prepped for that question only to have it be a red herring.

Current Law Students / Re: Wow am I gonna fail contracts.
« on: December 08, 2008, 06:07:32 PM »

If it's any consolation, there's a good chance I will fail Con Law.

Volunteering with legal aid a few hours a week.  Totally worthwhile.

I am very curious about your perspective.

1. What do you think happens when a judge makes up their mind, but no precedent supporting that position is available at the precedential buffet (in fact, a contrary rule is on the menu)?

2. What are judges using to make up their mind at the outset?

3. If there are ambiguities in the law, what should the judge be using to make up there mind?  (You're at the buffet and there is hot cereal and cold cereal with people arguing at you which you should pick. How do you decide what's for breakfast?  ;D)

I do this because a good debate is exactly what I need to keep my mind off of imminent failure.

1) I agree that the common law is more flexible.  I'm not sure I see that as a good thing.  It seems to me that in common law judges often first make up their mind and then visit the precedential buffet to pick and choose principles and reasoning to later patch together a supposed line of reasoning in order to justify it. 

You really think so?  Or are you just jaded from reading your casebooks (I'm looking at you, Property) and hearing the joke about legal realism one too many times?

PJH, you have the right idea.  Mutuality of assent can indeed be dealt with under the element of Offer (e.g. whether an offer ever existed or whether an offer has been revoked) and the element of Acceptance.

Don't mess with the simplicity of the formula.  Don't add more trees to the forest.

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