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Messages - FalconJimmy

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61
General Off-Topic Board / Re: mittster: satan?
« on: May 22, 2012, 06:47:21 AM »
Rich, overpriviledged guy who got most of what he got due to having started life on 3rd base?  Yes, without a doubt.  No matter what you do, you can't convince this type of person that they aren't on 3rd because they hit a triple.  Seems like all too often, these are the types most likely to spout off about "merit" and how America should reward a culture of hard-work and risk. 

Satan?  Well... the jury is still out. 

Basically, our choice in this election is between Biff and George McFly.  We either get 4 more years of Jimmy Carter, or 4 years of Richie Rich.

62
Current Law Students / Re: 1L Legal Writing Prep
« on: May 22, 2012, 06:43:54 AM »
There are some great posts in this forum about how to prepare for law school during 0L, but it seems they mostly discuss prep for the substantive courses.

Any advice on how to prepare for Legal Writing class during 0L?

Thank you!  :) :)

I honestly wouldn't say there's much/anything you can do to prepare for Legal Writing.  At least there's not anything that's time-effective.  You'll understand when you take the course, but anybody who claims they can make you a better writer either:

1.  Is full of crap.
2.  Presumes you write at the level of a mental deficient and all they're going to do is make you a slightly less obvious mental deficient.

Legal writing is mostly about just getting in there, doing the research, writing, then tightening, tightening, tightening.  You can't do much to prepare for it.

Contrast to your other subjects where, frankly, you can learn 80% of the entire subject prior to your first day in class.

63
About a year and a half ago I studied for the LSAT examination, but due to various family obligations I had to put it on hold until now. I am wondering, since then, has the exam changed, for example harder LG's or RC, etc.?

Thanks!

The exam is always normed to the pool of people taking it.  It's not how well you do, absolutely speaking, but how well you do relative to everybody else taking the test. 

just do the best you can.  Everything will be fine.

64
Choosing the Right Law School / Re: Cooley vs Capital
« on: May 03, 2012, 06:55:52 PM »
Capital

65
I think we're going to need to see a lot more case-law and a lot more legislative tweaking before we know the full impact of these castle doctrine laws.

For instance, in Ohio, the main case on point is Kozlowski.  In the notes for that case:


Under the “Castle Doctrine,” a person attempting to expel or expelling another is allowed to use deadly force or force great enough to cause serious bodily harm; there is no duty to retreat inside one's home. State v. Kozlosky (Ohio App. 8 Dist., 09-22-2011) 2011 -Ohio- 4814, 2011 WL 4389951. ;

The “Castle Doctrine” creates a rebuttable presumption that a defendant acted in self-defense when attempting to expel or expelling another from his home who is unlawfully present, and the burden to prove that the charged individual was not acting in self-defense falls on the state. State v. Kozlosky (Ohio App. 8 Dist., 09-22-2011) 2011 -Ohio- 4814, 2011 WL 4389951. ;


Defendant's testimony established that he had a bona fide belief that he was in imminent danger of death or great bodily harm at hands of intruder in his home and that only means of escape was use of force, raising rebuttable presumption, under Castle Doctrine, that he acted in self-defense when he shot intruder, and his murder conviction was against manifest weight of evidence; before intruder entered defendant's home third time without permission and against protestations, and physically attacked upstairs tenant, defendant had learned that intruder had killed a man and had been convicted of carrying a concealed weapon, and defendant personally observed intruder's violent behavior towards tenant. State v. Kozlosky (Ohio App. 8 Dist., 09-22-2011) 2011 -Ohio- 4814, 2011 WL 4389951. ;


So, to me that says you have no duty to retreat and you have a "rebuttable presumption" of being in the right.

Basically, my understanding is:  no duty to retreat.  You are PRESUMED to be right, but the state can rebut.

Unfortunately, people in these parts basically think this means you can shoot anybody who enters your home.  Given that I'm in law school, I think of hypotheticals such as:

A 9 year old is lost in your neighborhood.  Thinks that your home is the home of a friend of his.  Is crying and distraught.  Walks to your front door which is unlocked.  Walks in thinking it is the home of his friend.  You shoot the 9 year old to death. 

Does anybody honestly think the state won't rebut that presumption in a case like this?

I don't think the castle doctrine, or FL's stand your ground are controversial in and of themselves.  What's controversial is that now a bunch of idiots think they can go around shooting everybody. 

I mean, unless Trevon Martin was screaming, "I'm gonna find me a white woman to rape!", then nobody had any business accosting him just because he was walking down the street.  Provoking a confrontation, then resolving it with deadly force, doesn't seem to be the type of activity that should be protected by the law.

66
Gonna buck the trend here.

CUNY?  Look at the size of that market.  Look how wired in their graduates are to the NYC metro.

Roger Williams?  Honestly, I'm in school for my second graduate degree and I never heard of the place.  Yeah, you can accuse me of being ignorant, and frankly, I probably am, but then so are a lot of folks.  If you leave Rhode Island, I wouldn't be optimistic about this degree porting well outside the state. 

There are a lot of 4T schools you can go to with generous scholarship offers, but if they're not in the part of the country where you'd eventually like to practice, I think that's a sucker's bet. 

Of course, if you want to live in RI and not NYC, Roger Williams is probably your best choice. 

For me, I'd be thinking that I've got a 30 or 40 year career ahead of me, and paying off student loans is going to be the least of my problems.  The biggest of my problems will be getting a job and then, getting a good-paying job.  Seems to me that CUNY would be a better bet for that.

67
Choosing the Right Law School / Re: Same School As Undergrad?
« on: April 16, 2012, 07:07:12 AM »
Hello Everyone,

I have a quick but important question.

What is everyone's opinion on attending law school at the same university as undergrad?

Are there any pros or cons as to doing this (not a top 25 school)?  How much does school matter if it is not a top 25 school?  Would I already be able to take advantage of alumni from the school since I went there as an undergrad, and would it be more beneficial to branch out and go to another school to tap into another alumni base?  Would going to a different school be positive diversification, and would remaining at the same one be viewed negatively?  Is this a relevant factor to weigh when choosing the school v.s. a similarly ranked but different one?

(The school is Syracuse and the alternative and new school would be Hofstra).

Thanks so much.

I really don't think this is a factor whatsoever.  I don't think anybody looks down on you if both schools are the same.

The school your law degree is from will be of paramount significance.  Your undergrad institution will almost certainly have little to do with anything.

You'll be hired out of law school based on the strength of your school and your class rank.  Also, on your ability to network.  Any other factors are marginal, at best.

68
If you want to work in Michigan, go to Wayne.  Oklahoma may be better, but not enough to overcome home-field advantage. 

69
Incoming 1Ls / Re: Young mom needs advice!
« on: April 11, 2012, 10:29:04 AM »
If it's the only way you can get a law degree, I'd say you don't have many other options.  Either do it this way or go without a law degree.  That's really the question you need to answer for yourself:  is a law degree worth it?

70
Current Law Students / Re: I am really bad at making decisions
« on: April 11, 2012, 05:54:07 AM »
Trust me on this.  I'm  not trying to be an a-hole - just trying to warn you (and others) on this board of the consequences of (possibly inadvertently) listing it as "clerkship" experience.

People in every profession look down on people who play fast and loose with the terminology of the profession.  Especially when doing so inflates a person's background. 

I would think this is doubly or triply true in a profession that is, at its essence, all about the precise use of language.

Good advice.  May have come across as harsh, but not as harsh as people throwing your resume into the reject pile after every interview.

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