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Messages - LVP
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« on: October 15, 2007, 09:21:46 PM »
I think it has its place, but there are big disadvantages other places. Among lawyers, it can be a form of jargon - it's easier to use "estop" or "contra proferentum" or "mens rea" than to use several times as many small words that end up meaning the same thing. But I would never use those words when talking to a client - I would take the time to speak in plain English.
We've read a couple of cases in Decedents' Estates and Trusts this semester that illustrate the problems with legalese. In one, the testator wanted to leave his house to one person, and the rest of his real property to another. But the lawyer couldn't bring himself to use the word "house," so the will read "homestead." It turned out the court interpreted "homestead" to mean all of the real property, so the testator's intent was defeated.
In another case, the testator wanted to leave all her property to all of her (~25) first cousins, equally distributed. Again, it didn't occur to the lawyer who drafted the will to simply write "my first cousins." I guess he figured he wasn't earning his fee unless he used a phrase like "heirs at law." Unfortunately, her only heir at law was her aunt, who took all the property - no cousin got any.
I'm sure stories like this abound - legalese has its place, but it should be used with caution.
"Ensue" is an easy word. It's what hilarity does.
« on: October 15, 2007, 09:10:28 PM »
It seems to make no sense whether the UCC or Common Law is used, either ... like, the courts can change their mind.
Contracts for the sale of goods are governed by the UCC. All other contracts (that you'll run into in Ks class, anyway) are governed by the common law. Some older cases of contracts for the sale of goods are governed by common law because they were decided before that jurisdiction had adopted the UCC.
Also, the UCC only covers the stuff it covers - if there is an issue that isn't covered by the UCC, obviously the court would need to look to the common law to resolve it.
« on: October 11, 2007, 09:29:20 PM »
Another Update: I've reversed completely. I pulled the hat trick yesterday and spoke in all three of my classes. Don't judge me.
I'm judging you! But positively!
« on: October 11, 2007, 09:23:54 PM »
Oh yes! I remember early October of 1L!
(Seriously, I'm not going to be a jerk and tell you you're going to grow to hate it. I think it's awesome you're enjoying it, and hope you do all the way through. But I'm guessing that even if you don't end up hating it, you will get stressed out and upset now and then... try to remember these halcyon 1L days!)
« on: October 09, 2007, 10:06:14 PM »
Good lawsuit? Probably not.
Good for discussion? Maybe. What are the best things about this complaint?
1 - The part where he orders the court to read the complaint on his website so that the court can watch videos and stuff?
2 - Alan Doe in caption, but not in list of parties?
3 - The awful spelling and grammar, including three different spellings of "Nevada"?
4 - "Worldwide internet"?
5 - Legal conclusions dressed up as factual allegations?
6 - Narratives dressed up as factual allegations?
7 - Plaintiff referred to as, "Plaintiff," "Plaintiffs," and "me"?
8 - No allegations against John Doe 5 or 6, or Alan Doe?
9 - Hyperlinks to law.cornell.edu?
I don't know what the best thing about this complaint is, but the worst thing about it is that "Jeff Williamson" probably has no plans to actually file it, but just wants to get publicity for his CT website.
« on: October 09, 2007, 09:44:17 PM »
Do you have any reasons not to drop out? I mean that seriously - I can't think of a single one. It's too bad you didn't realize it as a 0L, but be grateful you didn't realize it as a 2L or 3L or attorney - the law isn't for everyone, and it sounds like it isn't for you. There's no shame in it.
And enrolling in business school right away will only prove that you don't learn from your mistakes. Figure out what you want to do, then go to school (if necessary) to make it happen.
« on: October 09, 2007, 05:30:20 PM »
I won't let you down
'Cause you are the best lawyer in town
« on: October 09, 2007, 08:43:21 AM »
True or false, people record all the lectures anyway, and therefore are free to male private part around for the entire class?
False, or dumb if true.
1. Why record a lecture, only to spend 1-3 hours listening to it later, just so you can chat now, when you could listen to the lecture now and chat later?
2. Listening to the lecture now lets you ask questions if you don't understand, which you can't do listening to a recorded lecture.
3. If you're dicking around in class because you're recording the lecture, you're going to be in trouble when you're cold-called.
4. Most professors (and I think some schools) do not allow you to record lectures. I don't think any prof allows you to record without express permission, and if they ask you why, and you say it's so you can male private part around in class, you're not going to get permission.
« on: October 06, 2007, 02:34:26 PM »
Here's the math, as I see it:
(Won't help your grades + Might hurt your grades + has no other significant benefit) x (1L grades are very important) = don't chat in class
« on: October 06, 2007, 02:30:40 PM »
Instead of saying that the things you heard are untrue, it seems as though you shoudl be saying that your CivPro class has been an exception to the rule.
Yes, there are exceptions, and some professors run their classes differently than the norm.
To say that these two things you heard are untrue because ONE of your 4 or 5 classes isn't run that way seems a bit of a stretch.
Blah, Blah, Blah.
Jacy's right. Exceptions exist, but the general rule is as you heard - memorization gets you the C, analysis gets you the A, participation only makes a difference if you're on the edge, or if your participation was phenomenally good or phenomenally bad, and professors curve. Also, the professors I've talked to have said that the curve doesn't do much anyway. Students distribute themselves along the curve by their performances.
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