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Messages - squarre

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Current Law Students / Re: My professor and an uncomfortable situation...
« on: September 11, 2005, 07:47:35 PM »
I have had a few professors who will call on students 2 classes in a row.  They sometimes do this to make sure a student doesn't relax after getting called on.  They know just like everyone else that sometimes after getting called on a student feels like they don't need to read, just like you probably did, and calling on someone 2 times in a row early on can help stop this.  For this reason I have no sympathy for getting claled on and grilled 2 classes in a row. 

As for the other stuff - if it is true and I tend to believe it is not - you should definitely talk to someone and get it taken care of. 

Current Law Students / Re: Help ! What's the answer to these 2 questions
« on: September 11, 2005, 07:12:22 AM »
Q1:  (A).  This is the same situation as a case you should go over at some point this semester (I don't remember the case name since I took contracts last year).  When an individual agrees to refrain from doing something that they have a legal right to do the forebearance serves as consideration.  

Q2:  (B) because of the pre-existing duty. Since it was his job function to find the painting there would need to be additional consideration for her promise to be enforceable.  Since no additional consideration was given it is not an enforceable contract.

Both questions hinge on consideration. In Q1 there is consideration but in Q2 there is no consideration.    

Briefing does end up taking a whole lot of time.  Last year as a 1L I probably briefed for about 2 or 3 weeks and then quit.  The main thing to remember is to make sure you get what you need out of the case.  Between the formal brief and doing nothing you could take some short notes on your reading or make notes in the margins.

As far as canned briefs I have to say I don't know.  I have personally have never used them but many people do.  The one problem I can see with canned briefs and why I have never used them is that it can short change your own analysis and learning to "think like a lawyer." 

Current Law Students / Re: SC Justice Nomination
« on: September 07, 2005, 02:24:30 PM »
It is very rare for a sitting justice to be elevated to chief justice.  I believe there have only been 3, of course 1 of those was Rehnquist.

Based on what I have heard he didn't want to elevate Thomas because he did not want the mess that occurred with his nomination to be revisited. 

He did not elevate Scalia because he really isn't viewed as a unifying presence.  His dissents often times call the other members stupid.

Since these were the only 2 who could have been possibly nominated from within (Kennedy was not really an option) he decided to go outside.

Current Law Students / Re: Best supplement for Constitutional Law?
« on: September 06, 2005, 02:00:28 PM »
Chemerinsky's Constitutional Law Principles and Policies is very good.   

Current Law Students / Re: Additional materials worth purchasing...
« on: September 05, 2005, 04:07:14 PM »
Purchase  them if you feel like you need them.  It is a completely personal decision.  In many cases they help but some people will buy them and never open them. 

I have bought many of my supplements of of  I believe you can also get them off of and your school bookstore might have them.

Current Law Students / Re: Dissenting opinions
« on: September 05, 2005, 04:05:04 PM »
I think several purposes are served by the dissenting opinions included in casebooks.

1) Always remember that most cases you have in your book are appellate decisions so the cases are either close decisions or there is some disagreement over what the law is or how it should be applied.  In this case it shows how those considered experts can disagree over the same exact set of facts.

2) Sometimes it just helps to show how legal analysis is done to help students learn how to write an exam answer when you need to consider bother sides of a given issue.

3) Sometimes the dissent in a given jurisdiction is the rule or how the law is applied in other jurisdiction.

4) Other times the dissenting opinion has now become the majority opinion and might be the way the law is now applied in the jurisdiction from which you are reading. The editors may just want to show the historical development of the given law.

5) Occassionaly the professor may tell you that the analysis of the majority opinion is wrong and the dissent is correct - either based on their interpretation of the law, the courts later interpretation, or based on the way higher courts have interpreted the meaning. 

Of course sometimes there probably is no reason for the dissenting opinion but often times one of the reasons above does apply.

Current Law Students / Re: Law School is Easy
« on: September 04, 2005, 08:05:20 PM »
Not sure what you are looking for here, but the concepts the first few weeks are generally not extremely difficult.  I also think in general the concepts as a whole are not "that" difficult (of course there are some exceptions to this). 

The difficulty in law school is (1) managing the workload and (2) learning how to apply the law and its ambiguities to many different situations.  For the most part everyone in your class will know the law, differences in grades will come from the depth of analysis and seeing the "forks" in the road.

Current Law Students / Re: What the hell are schools in New Orleans doing?
« on: September 03, 2005, 10:32:04 PM »
The reason that most schools aren't letting 1Ls in is b/c it isn't such a big deal if they have to wait one year. However, 2Ls and 3Ls have jobs lined up. 3Ls also need a JD to sit for the bar, and they typically have already paid their dues for it by now. 

Another reason that I have heard for many schools not taking 1Ls is that many schools have 1L classes that are pretty close to capacity.  To accommodate more than just a few students new sections would have to be opened - which could pose difficulty in finding classrooms and faculty.

Current Law Students / Re: Mandatory Attendance
« on: August 30, 2005, 05:22:54 PM »
The attendance policies in general are mandated by the ABA.  Of course professors change them around somewhat but the ABA requires a minimum number of classroom hours per hour of credit.

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