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Messages - Jumboshrimps

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91
Current Law Students / Re: 12 Hours A DAY?
« on: July 25, 2007, 03:45:35 PM »
It should be noted that one gets exponentially faster at the work of being a law student. Something that takes you 4 hours during your first week (like briefing a case) takes you five minutes as a 2L.
i heard that briefing cases is a waste of time though, because it only prepares you for class discussion (not graded) and not your finals (graded)

Briefing a case was an example only. Reading a case takes you less time as you get better at it as well.

But for what it's worth, I consider reading a case to be synonymous with briefing it in your head. If you're reading case law for any other reason than to pull out the basic facts and/or law, you need to start watching more movies or something.

92
Current Law Students / Re: 12 Hours A DAY?
« on: July 25, 2007, 02:10:01 PM »
It should be noted that one gets exponentially faster at the work of being a law student. Something that takes you 4 hours during your first week (like briefing a case) takes you five minutes as a 2L.

93
Current Law Students / Re: Civ Pro Question
« on: July 25, 2007, 02:03:12 PM »
But in the petition before the trial court, all the evidence that was available in the grievance is also reviewed by the TC judge in a limited trial de novo. Say that he makes his own findings as to what happened (on a particular issue the hearing officer did not reach), which are different, but not inconsistent with what the quasi-judicial hearing officer held. Is a petition for writ of mandate not a "full and fair hearing on the merits"?

"Limited trial de novo" hardly equates with "full and fair hearing" to me. In addition, CE usually requires that the issue to be estopped is identical with the issue previously litigated. A writ of mandate (mandamus) is an extraordinary writ. At the trial court level, the court was facing the question of whether or not to compel an official (the quasi-judicial officer) to do something. So, while the evidence may have been viewed de novo, the review was done only with regard to how bad the officer screwed up. The issues are therefore not identical. In the first case the issue was, "Is the quasi-judicial finding so contrary to law that we should compel that officer to change his ruling." The issue that the man will now try to litigate is "Was I wrongfully terminated?"

94
Current Law Students / Re: Civ Pro Question
« on: July 25, 2007, 12:50:38 PM »
It looks like he had only one potentially "full and fair hearing on the merits" as to the grievance itself. Most jurisdictions require this for collateral estoppel. That was at the quasi-judicial hearing.   

Of course, if you want to estop him as to the issue of whether the trial court properly denied the writ, then, if he had a full and fair hearing on that issue in the trial court (and the appellate court), he can invoke CE as to that issue only.

95
Current Law Students / Re: Question for current students - reading
« on: July 21, 2007, 01:35:57 PM »
What's on the list?

96
Current Law Students / Re: Best ConLaw supplement?
« on: July 19, 2007, 07:58:22 AM »

97
Yep. The guts of the BB are for you. The best thing about the BB is the index. Go forth and use it wisely.

98
Just in case you might want to brush up on your astrology, and wizardry. ;)

I was thinking chemistry. Better get a periodic table.

99
Current Law Students / Re: Criminal procedure question
« on: July 16, 2007, 02:36:32 PM »
It was very nice of your professor to clear up that little ambiguity for you. ::)


100
Current Law Students / Re: Once you are on law review
« on: July 12, 2007, 02:59:45 PM »
In other words, is it enough to just be on law review, or is it important to do well at whatever I'm asked to do?

You should work hard on your law journal because you are working on publishing a professional journal with your name, and the name of your friends (and your school) on it. Period.

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