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Messages - TheNewGuy

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11
General Board / Re: Bad grade
« on: December 28, 2007, 02:54:30 PM »
I have 2 of 4 back.

I lied btw -- I actually got my C+ on a B curve.  Still, I'm an idiot... especially for looking right before Christmas. 

12
General Board / Re: Bad grade
« on: December 27, 2007, 01:18:10 PM »
i need to get the grade back for the other final I f---d up on already...

Now that the first one came back, all that "you probably didn't do that badly" talk is out the window.


13
General Board / Re: Bad grade
« on: December 26, 2007, 08:33:20 PM »
thanks everyone....

If another C (or worse) comes through, I'll write back... If not, then all's ok for now :)

14
if you enjoy the law you cant burn out-thats my philosophy

whenever i felt tired i always got motivated out of sheer curiosity. (and concern for the sometimes outrageous outcomes in the law)



gunner

Whatev... nobody said "I like myself sooo much that I want the rest of my class to know of my own brilliant insights"

15
Sorry, one more 1L exam-related post.

I worked pretty hard sending out resumes and cover letters a couple days after break started --- set up a nice little outline for a writing assignment due a few weeks after school starts.

Then I checked the online system and a grade came through. C+ in a class I thought I knew well. (and another one might be worse than that)

Well, I can't just stop working at school now, can I?

Or is there really something to be said about how important winter break is?

I don' think I'll burn myself out, will I?

16
General Board / Re: Bad grade
« on: December 24, 2007, 02:28:18 AM »
PI will NOT pay off debts after school (in the absence of lrap help)- been looking into that but that's the conclusion I've come to ---

I don't know. I may be able to get something in civil litigation that pays a little better -- I still haven't really a clue what the cutoffs are for smaller firms...

That's not the point though...

The point is I (and other ppl in my situation) need to find a way to change study and or testaking methods.  I'm not going to comfort myself by saying "it's ok, I gave it my best shot"

No I didn't do my "best job" on test performance -- the thing was all about coming up with the clearest response under a deliberate timecrunch, and I messed up the timecrunch part -- I'd wager that ability itself has VERY LITTLE to do with whether or not I'll be successful down the line... And top 20% aren't just magically smarter than I am, and more entitled to 100k a yr greater salarly / greater standard of living... better credentials / more career opportunities down the line etc ----- 

Alright maybe that's taking it a little too personally. But I worked at a large firm for a couple years as a paralegal, (It was pretty much the ONLY thing I cared about when I did it) and all my attorney buddies there managed to get good marks...they weren't f---ing rocket scientists either.

But again, this goes WAY beyond that rediculous debate about whether or not it is really necessary to work at a big firm--- I just want to have the credentials to show that I'm good enough to do it, or if not, at least marginally sucessful academically and not just some loser making excuses (like I'm doing right now).

I think its a huge deal... and I'm paying d**mn near full tuition for it, so I'm not cheating myself out of it.
I appreciate the encouragement...but no friggin way am I going to just shrug this off.   

17
General Board / Re: Bad grade
« on: December 23, 2007, 06:05:50 PM »
It's official... I have the exact same story.

C+ on the first test when I thought I knew the material well (actually, just ran out of time)

And my worst test is yet to come through!

My biggest fear is that I could do worse next semester if I don't have the same level of self-confidence... I spoke up a lot in class and probably looked rather silly at times this semester, but at least I asked some of my questions. I guess there are things I can do about that... but I feel completely powerless right now.

Getting a C+ on a B+ curve at an average-level law school is not too great of an outlook.

18
General Board / Re: Case Law isn't the best way to learn Civ Pro
« on: December 21, 2007, 06:59:19 PM »
Exxon Mobil Corp. v. Allapattah Services, Inc. is an excellent case for explaining supplemental jurisdiction under 28 U.S.C. sec. 1367 and it ties together all the cases that came before it.

That's the thing, they're all really (linear?) and they build on each other, even if some of all of the rules from the old cases are overturned.

They illustrate how these complex fact patterns and legal issues produce a (relatively clear) answer in civpro. 


Additionally, I really like the broad type of policy concerns derived from the CivPro cases. I was just thinking about PLEADINGS FACT / EVIDENTIARY STANDARDS --- specifically, for the fed. cts- Twombly (re: heightened pleadings standard re circumstantial evidence against businesses) and FRCP rule 9 (heightened pleadings standard for any fraud claim)... and then for the states, well, close to half of them are "FACT-BASED", where you need sufficient facts to state ANY claim....

It dawned upon me... even through the "heightened" or "fact-based" standards filter plaintiffs out of court, could the result (e.g. less docket flow) allow for the existence of MORE LIBERAL TYPES OF CLAIMS, given there's a way to filter out the specific bad claims? 

(e.g. Would a strict "fact based" state be more able to create liability for new, more progressive torts? - One that I had been thinking of was "retalitory demotion" in the workplace...?)

This really got me going the other day --- Is this basically common knowledge, or am I missing something?

/end tangent

19
General Board / Re: tort case law
« on: December 21, 2007, 03:03:33 PM »
Since you're persistent:  WE ARE AMERICAN LAW STUDENTS. We don't know UK case cites.

Oh, and please work on your English language skills.

i know wagon mound  ;D

lol i wasted major time on the duty analysis above...

20
General Board / Re: Case Law isn't the best way to learn Civ Pro
« on: December 21, 2007, 03:44:41 AM »
I was thinking the same thing up until about 3 days before the final when it all started to crystalize.

All in all, yes the cases are soooo dense sometimes, with little reward at the end...  What I would hate is all the effort I would spend to come up with the rule, when in reality, the interpretation is out there, and the case amounts to a short sentence or two.

I want to say almost all of our civpro cases were in federal ct, if not all, and about 1/2 were Supreme Court cases... also, each had a really particular rule (makes sense)

Some ones are great illustrations though.  I don't remember whether I cited any cases on the exam.  I probably cited Asahi at least.

other good cases: Mas (domicle / students),  Pennoyer, International Shoe, Ashahi (PJ), all the "Arising Under" SMJ ones (e.g. ....[?] Motley, Merill Dow), the supplemental jurisdiction ones (geez i forget by now - that is 1 week later)...

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