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Messages - lawgirl

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61
General Board / Re: Third Party Beneficiaries
« on: May 03, 2005, 12:48:49 PM »
Basically, yes. The Restatement (2d, section 311) says that the power "modify the contract terminates when the beneficiary, before he receives notification of the discharge or modification, either: (1) materially changes his position in justifiable reliance on the promise, or (2) brings suit on the promise, or (3) manifests assent to it at the request of the promisor or promisee."

Passage taken from Emmanuels (page 427)

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General Board / Re: Answers to all newbie questions
« on: May 02, 2005, 04:10:46 PM »
I understand what you are saying, but to me, that is a decision that is really up to Andrew.



Ok, what is up with all the newbie bashing?

Andrew created this part of LSD to be a forum for law students. A forum to ask questions about topics that we may be having trouble with, to post success stories, to vent about things we dislike about law school, and to socialize with other law students.

This was never intended to be an extension of the pre-law forum. That is what it has turned out to be. As soon as pre-laws get accepted, they move right over here and begin bothering us with innane questions. Yes, some questions are easy to answer and important to incoming 1L's. However, the same questions are asked on a daily basis. Identical threads clog up the boards. And then when someone gives an opinion that the testy pre-laws don't like, they become hostile. This is what I am bashing.

There are plenty of forums on the pre-law side of the house for these pre-laws to go after they have been accepted and ask any questions they may have. And there are plenty of law students who browse those boards looking to lend a helping hand to them. However, this board is for LAW STUDENTS, not soon to be law student. There is already a forum for them on the pre-law side. My point is, the pre-laws need to go back where they belong. Stop flooding our board and driving out regulars away.

Though many offended pre-laws have been loud in their opposition to me, I have received even more private e-mails from other law students who lurk and post frequently on this site.

63
General Board / Re: Answers to all newbie questions
« on: May 02, 2005, 01:13:27 PM »
Ok, what is up with all the newbie bashing?

64
I'm just wondering where the heck the first post came from at all. It is like it came in from left field. That was the first and only post. What was the OP reacting to?

65
For people who do not like public speaking (like myself) yet still want to get into litigation and are nervous about the whole speaking in front of crowds (like myself)- do you recommend a course like ToastMaster's or something along those lines?

Thanks all!

I, like you, was extremely nervous when I started law school. In undergrad, I put off my speech class until the last possible minute. I hated it.

When I started law school, I realized that I would have to get over it because I really wanted to be a litigator. At my original law school, they made you stand to recite the cases and you regularly got grilled by the professor about the cases so that kind of stressed me out in the beginning. But honestly, that is one of the best things that will help you. You will get used to it. I kind of looked at it like a challenge: it was a challenge for me in terms of making sure I knew the material, but it also helped lessen the anxiety. The more you do it, better you will feel about it.

I would advise to try to get involved in anything that will force you to go out there and confront it. I think a ToastMasters class is an excellent idea. Even if you don't do that, you will have plenty of opportunities in law school to confront your anxiety. Many schools have an oral argument requirement in one of the research and writing classes. You can also do Moot Court or things like that. After awhile, you will feel better about it.

I finally started getting over it when I had to do some mock oral arguments in front of real judges. I still have plenty of areas to work on, but I don't get nearly as stressed as I used to. Now, it seems like I turned a corner and something else took over. I absolutely love the feeling of it because I feel much more confident and it is a chance to really use the skills you have gained from researching the law and making legal arguments.

Treat it like a personal challenge and don't let it get in the way of what you really want.

66
General Board / Re: Advice for New Law Students
« on: April 19, 2005, 10:13:56 PM »
Hey Joe,

How's school? How are finals going?



I'd go for it girl! You can make a lot of dough with your expereince and straight A's! Man, I'm ssssooooo jealous! :-\

Thanks!!! That's so sweet.

I just remember how lost I felt when I started this whole process so after I got the hang of it, I wanted to help others going through the same thing.

I did some tutoring for 1L's after I finished my second semester of 1L and I was actually thinking about doing it again (but this time, getting paid for it). I was also toying with the idea of writing a "how-to" type book for 1L's but I'm not sure when I can find the time.

67
General Board / Re: Failing in Law School
« on: April 19, 2005, 10:01:34 PM »
I am beginning law school in January at UF and was wondering how does one fail in law school?  What characteristics does a failing law student embody?

The best I can do is give examples of things that I have noticed with other students that did not do well.

1. Partied too much
2. Didn't treat law school seriously
3. Skipped class too much
4. Thought the law was what THEY thought it should be instead of looking at and learning it from an objective viewpoint
5. Waiting until the last minute to do everything
6. Relying on everyone and everything else to learn the law instead of doing the work yourself
7. Not being able to see the big picture
8. Not finding a way to structure the material so that it is manageable (for me, this involves outlining but it isn't necessarily the right way for everyone)

That's about all I can think of for the moment.

68
General Board / Re: Advice for New Law Students
« on: April 19, 2005, 09:54:56 PM »
Thanks!!! That's so sweet.

I just remember how lost I felt when I started this whole process so after I got the hang of it, I wanted to help others going through the same thing.

I did some tutoring for 1L's after I finished my second semester of 1L and I was actually thinking about doing it again (but this time, getting paid for it). I was also toying with the idea of writing a "how-to" type book for 1L's but I'm not sure when I can find the time.

69
General Board / Re: Advice for New Law Students
« on: April 19, 2005, 09:48:39 PM »
Reputation: basically, just be professional. I don't think there is anything wrong with having fun while you are in school, as long as it is legal and not something that could come back to bite you later during the character and fitness review. You would have to ask the other poster about his/her thoughts on what they wrote.

Lexis points: I really only use Westlaw but the concept is probably the same. Using the services gives you a chance to earn points that they keep in an account for you. Once you have enough points accumulated, you can cash in the points to purchase things from them. Westlaw lets you choose from housewares, electronics, books, etc. You can earn points by researching, entering contests, doing extra learning tasks, etc. You will be introduced to both services when you get in law school and the representatives will explain the program then.

As for the question about motivation, I love law school most of the time so that keeps me motivated. Honestly, as much as I want to be out there in practice, I also wish I had more time to take more classes. There is so much more I want to learn, but I will just continue learning on my own. When I do have those times when I am feeling lazy, I tend to think about the result I would get if I let that feeling take over. I realize that letting it take over is just short-changing myself and my education, I try to remember why I fell in love with the law in the first place, I imagine how I would feel if I ended up getting a bad grade in a class and, if all else fails, I tend to think about how much I am paying for my education and how much it would suck if I wasted my time and money by being lazy. Above all else, I try to remember why I am here. As dorky as it might sound, when I finish, I want to be the best attorney out there. I don't want anything to get in the way of that.


As for finals, things are going pretty good. I'm just about done with all of my outlines and I'll have an extra week to study so that is what I will be doing for the next few weeks. I'll be around after that. I am doing some extra research this summer and I still have two semesters left. I'll be around for anything you guys need.

70
General Board / Re: Advice for New Law Students
« on: April 19, 2005, 06:29:10 PM »
Basically, seeing the forest for the trees means being able to see the big picutre (the forest) while understanding the specifics (the trees).

When you are in the beginning stages of learning a topic, you are at the tree level. This basically involves understanding a specific element for a cause of action, reading cases that explain that one element and reading other cases that explain the other elements that make up a single cause of action (for example: you will read a case that explains what a harmful touching is for the tort of battery. Each case that you read will explain a specific aspect of an element in detail, and the argument in the case will usually come down to one small piece that is involved in a cause of action).

In the later stages of learning, you need to put everything together and understand it from the "big picture" perspective (the forest). This involves understanding battery on a larger level, understanding how all of the cases you have read explain all of the elements of battery, and understanding how battery is just one tort under the topic of intentional torts. Additionally, intentional torts is just one category of claims while other torts include negligence, strict liability, etc.

The best way to do this is to get a broad overview of the material (Torts) at the beginning of the course (for example, by looking at the table of contents in your casebook). Keep the broad overview in mind as you go deeper into the material and study the specific causes of action and their specific elements. Understand where you are in the big picture (the forest) while you are learning the specifics (the trees).

If you keep this in mind while you study, it helps to keep everything in perspective and helps when you start outlining for a class. More specifically, it helps when you are studying for exams because you need to be able to see how everything in and of itself is important, but also how everything works together as a whole.

Keep this in mind for all of your classes. During 1L, I noticed that when people were freaking out at the volume of information you are expected to study and understand, some of it was because people were lost (in the trees) and forgot to look at both the specifics and the big picture.

What else were you interested in asking about?

LawGirl 

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