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Messages - norm012001

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Current Law Students / Re: Contracts/Torts/Agency/Partnership
« on: April 28, 2006, 01:53:05 PM »
He/she didn't ask about outside evidence, so I didn't mention parol evidence.  It could conceivably apply across any of these questions.

If you have a written agreement and you want to bring in evidence of an earlier oral agreement, or a conversation that would modify the meaning fo te contract, that evidence may be excluded by the parol evidence rule.  Your strongest case is to find an ambiguity in the writing itself.

The parol evidence rule will never exclude evidence of fraud.

Current Law Students / Re: Contracts/Torts/Agency/Partnership
« on: April 28, 2006, 09:32:08 AM »
You must have the easiest contracts class in the country if these are the questions you're expecting.

An oral agreement can be honored in court but will be subject to the Statute of Frauds (if it cannot be completed in 1 year, for goods over $500, land interest).  Reliance can overcome the statute of frauds.
Courts generally do not like to invalidate contracts due to SoF problems.

Yes, you can rescind any contract due to an innocent misrepresentation.  May have to pay restitution if applicable.

This is duress if you have no reasonable alternative.  The threat is clearly unlawful (only has to be wrongful).

Current Law Students / Re: Last minute drama
« on: April 09, 2006, 02:23:09 PM »
You'll need to be toward the top of your class at Pitt and will have to take out loans for living (I assume).  If you get GW paid for...take it.  I go there part time and I really like it.  The schedule can be tough, but if you're dedicated, you will do fine.

Current Law Students / Re: Law School Prep Books
« on: April 01, 2006, 10:17:17 AM »
I used E&E for Torts and Civ Pro and Gilbert for Contracts.  I'm telling you though, you're not helping yourself at all by spending the summer reading this stuff.  You need to read cases and try to learn the law and use these to supplement it.  Also, you'll have plenty of time to do all of it during the semester as long as you're committed to it.  Enjoy your summer and just be ready to hit the ground running in the Fall.

Also, comparative negligence jurisdictions are generally aplit into two categories, pure and partial.

In pure comparative, the P gets the award minus his percentage contribution.  In theory, if the P's negligence was 90% of the cause of the injury to the P, he would collect 10% of the total damages.

In partial comparative jurisdictions, the P must be less than 50% responsible in order to collect anything, if he is 51% responsible, he gets nothing, if he is 49% responsible, then he gets 51% of the damages.  Of course, these cloae calls don't happen in real life very often, generally juries will find one side substantially at fault or the majority cause.  If they decide 50/50 exactly, jurisdictions are split as to whether there will be any recovery.

Current Law Students / Re: Recommend ways for me to prep for ls...
« on: March 20, 2006, 08:47:33 AM »
Your success doesn't tell us much though, for instance, how much of a role the curve played in your class ranking.  Briefing cases also has no bearing on doing well come exam time, so it's likely only your exam prep efforts were beneficial.

I'm confused by this.  The school curve is about a 3.2, I had over a 3.8, I'm in the top 15% of the class.  I di well with my study prep.  I'm not saying that everyone has to do it like I did, I'm just saying you can be at the top of your class with no pre-law school preparation.  It's a waste of time in my opinion.

How does the school's curve effect the class rank?  Either you get into the ranking you do or not, the curve could be to a 1.0, class rank should still be the same.

Current Law Students / Re: Recommend ways for me to prep for ls...
« on: March 19, 2006, 10:01:29 AM »
I read Law School Confidential, it was a total waste of time except for the short section on what each of your classes will be about, and you can get that from a Google search.  I did nothing else before gthe first day of classes and ended up in the top 15% of my class after the first semester (they don't tell us any higher percentages than 15).  Don't get me wrong though, I worked like crazy during the semester and read and briefed every case and did tons of exam prep.

My point is this, enjoy your time before law school and just relax, you will study plenty once you get there and you want to be fresh.  Also, if you read too many commercial outlines and stuff, you may be lulled into a false sense of knowing what's going on and be encouraged not to read and go to class.

Current Law Students / Re: Some things about LS Confidential
« on: February 19, 2006, 11:00:38 AM »
I tried the bookbriefing method and it didn't work for me.  I write out briefs, some more detailed than others depending on the class and material.  Thios worked well enough to put me in the top 10% first semester, so I'm sticking with it.

Another thing I didn't do was outline throughout the semester, I waited until the last 3 weeks or so to do al my outlining and it put everything fresh in my head right before the exam.  It was definitely crunch time, but if I had done it earlier, I think I would have forgotten it and just read through it rather than really learning it.

Finally, I can't remember his advice about practice exams, but that was the most important thing for me.  I sat down and took as many full timed practice exams as they would give us.

Current Law Students / Re: how would you handle this situation?
« on: January 26, 2006, 12:48:28 PM »
The biggest problem is that your friend heard it, not you.  If your friend is willing to come forward, then I think you should say something.  I disagree that the dean will ignore it, it's a big deal because it goes beyond just being a teacher/student relationship.  This is a business too, and there are laws against harassment.

As far as the grading thing, I think you're out of luck, he can always say he told you to do something in general, but then you did it badly and hurt yourself.

Arbitrary grading is a bad road to go down, especially if you did poorly.  Unless someone who did well is willing to say the same thing, you'll come out looking worse.

Current Law Students / Re: Demand more tests! Demand teaching assistants!
« on: January 25, 2006, 12:40:54 PM »
You know Chris, I really thought you were a troll on this board, a very talented one at keeping people's attention, but a troll just the same.  I finally went and looked at your blog and realized you actually believe all this stuff you say.  I respect that you have a mission and wnt to make a change (although I disagree with it wholeheartedly); but why do you attack those who question you?  Wouldn't it be more constructive to at least acknowledge that there is a counter-argument than to just flush everyone down the same toilet with your caustic language?

Anyway, it's my last post on the topic, I've been clear in my opinion in this and other threads.

Let me go ahead and save you some time.  I know nothing about the law or working or anything about anything.  You have far more experience than me (sixe years at a MAJOR firm), go to a law school in NYC whose name I would recognize, and are in a much better position to make statements about the practice of law and all changes that should be made.  I have offered no solutions, just criticisms, I beg for disrespect.  I'm a kid who needs to grow up and if I am not a kid, then I need to grow up anyway.

Granted, none of these things are true (except I assume you did work at a law firm and do go to law school in NYC), but it will save you some time.

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