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Messages - resipsaloquitur

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Here is your framework:  O + A + C = K  (Offer + Acceptance + Consideration = Contract)

Deal with each element on its own terms, but don't lose sight of that big picture.

Current Law Students / Re: Contracts: UCC and Restatement v. Common Law?
« on: December 07, 2008, 08:03:06 AM »
The Restatement is not law, but I guess you could say common law is grouped with it in the sense that the Restatement is reflective of what the common law rules are in some jurisdictions and perhaps what the ALI thinks the law ought to be. 

The common law is the actual law (as well as statutes, regulations, and constitutions, of course.)  It can and will diverge from the Restatement depending on the jurisdiction.

So when thinking about applying common law rules, think of it in two ways: (1) Jurisdictions that have adopted the Restatement approach into the law, and (2) Jurisdictions that have not adopted the Restatement into the law.  The rules will be different in these cases.

Also, while the UCC applies to goods, it is not wholly comprehensive. It does not define everything (e.g. offer) and some provisions only apply to "merchants." Any gaps in the UCC are filled by common law principles (in this sense, common law applies to "everything else.")

Unless your prof requires it, you shouldn't need to cite cases.

I hope that made sense. Contracts was a while ago so if I am wrong, I hope someone will correct me.

Current Law Students / Re: Courses to Avoid!
« on: December 04, 2008, 10:20:46 AM »
Admin. law may suck, but it's an important and worthwhile class.

I feel this way about Evidence (which should absolutely not be avoided, it just sucks.)

Current Law Students / Re: Bored...
« on: December 01, 2008, 03:20:42 PM »
I don't know how the part-timers do it.

Interestingly, when I talk to the part-time students at my school, they say the same thing about full timers.

It's hell all around.

Nope.  The people I've met and experiences I have had have been worth it.

Current Law Students / Re: How Hard is it To Land a Legal Aid Position?
« on: November 15, 2008, 06:42:46 PM »
Don't bank on legal aid because it can be very competitive.  I volunteered with a legal aid office for an academic year and wanted to work in public service.  They interviewed me, but turned me down for a summer position. They did refer me to another legal aid program where I did get a job though.

As for working as an RA, it just depends on the professor.  Get to know some of them.

Current Law Students / Re: How Hard is it To Land a Legal Aid Position?
« on: November 14, 2008, 10:50:08 PM »
During the summer?  It would be hard to do all 3 of those things at one time, I would think.

As for how hard it is to get these things.  It depends on where you are, your personality, and who you know.

I worked at legal aid and for a professor my 1L summer.

Current Law Students / Re: Spotting all issues and the time factor
« on: November 09, 2008, 06:49:03 AM »
I have no idea about percentages either and would just be making that up.

I think extra time would have helped me on the exams where I screwed up my allocation of time, but if I had stuck to my plan for the time, it would have been enough. Budget your time in advance for each issue you spot and when that time has been met, move on regardless of whether you did as complete an analysis as you could have.

I failed to do so on one exam and got really burned on the essay portion of the exam.


I don't really understand why Glannon's book is an issue for you.  If it isn't helpful for you then don't use it.  What does it matter why other people use it or what they get out of it?

And contrary to your assertion that "nobody said anything about intelligence," you did say you believe the supplement is designed for stupid people.  If you "get" it, yay for you, but SO WHAT?

You really are coming off as trying to make yourself sound smart.  It's just kind of funny.  :D 


We just can't all be as brilliant as you  ::)

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