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« on: July 09, 2006, 12:31:12 AM »
The only issue is whether the complaint was properly served. If it was, then you have nothing to worry about. There are no creative arguments to be made for either side.
« on: July 07, 2006, 12:17:09 AM »
First semester (16 hours, 15 graded 1 pass/fail Legal Writing)
First class started at 10:30 every day. Wake up around 7, shower, eat. Jump on bus at 8am, at the library by 8:30 to get a good spot. Look over assigned reading for the morning class or read and highlight the cases if needed.
Class over at 11:30, go to "lunch" which meant spending about 15 minutes talking to classmates or eating my lunch in the library and 90 minutes of reading/highlighting the cases/going over notes for the afternoon classes. Once afternoon classes were over at 3:30, head staright to library, work until about 6:30 or 7. Jump on the bus, home by 7:30. Make dinner, work out. Home by 10. Hour of TV, go to bed.
On the weekends - do some work on Friday afternoon, about 3 hours or so. If memo is due, spend more time on Fridays trying to figure it out. Take Saturday and most of Sunday off, maybe read for Monday at some point on Sunday. Go out maybe 2-3 times all semester.
Worked on outlines periodically throughout the semester, starting after the first month of classes. Have no clue how to take a law school exam.
Results - bad grades, bottom 1/3.
Second semester, 16 credits.
Class starts at 10. Sleep in til about 8:30, catch bus around 9:15, get to school by 9:30. Briefly look over the assigned cases for the morning. Get out of class, take about an hour for lunch. Come back to the library about 45 mins. before class. Look over cases for afternoon classes quickly or surf the internet depending on whether I think I'll be called on. Go to class, spend entire class time in contracts on the internet, occasionally listen in crim law, get out around 3:15. Go to library until about 6 reading for class the next day and working on legal research assignments.
Try to spend Thursday and Friday reading for the week ahead so that I don't have to go to the library after class. Usually if I got enough done on these days, I pretty much left school after class by 5pm and didn't do anything in the evenings during the next week.
Spring Break - begin to slowly condense the material between going to the NCAA tournament. Change my outline style from a traditional outline format to something more along the lines of re-copying my notes. Take hypos and practice exams earlier and take them more seriously. Learn how to analyze an issue from both sides.
Last month of semester - spend very little time actually preparing for class. Go out nearly every Thursday night and get really drunk, no weekend work at all. Spend most of the week working on "outlines" and reading hornbooks/commercial study aids.
Results - 2nd semseter GPA near top 1/4. Overall, slightly better than 50th percentile.
What a roller coaster ride just to be average.
You're still wrongly equating law school success with being a successful lawyer. True, law school teaches you the reasoning skills needed to be a lawyer, but there are many other factors that make a good attorney. What about the person that hates law school but likes legal practice?
I feel the need to qualify my following statement by admitting that I am not yet a law student. However, I will begin attending law school on Aug 14, 2006....
Why do you equate performance in law school with being a good lawyer? I'd hardly say there's a strong correlation.
No offense, but you 0L's sound like total idiots. You won't keep your 5am-11pm work schedule every weeknight and full days on Saturday and Sunday. It just won't be productive, and it's not even possible or practical. You treat law as if all it is is reading massive tomes of work collected over a period of 500 years that you have to read cover to cover in 15 weeks. That's not what it is. If it was, then anyone could do it because all it would involve is massive amounts of reading. When doing law school work, your brain has to be turned on to the highest level so that you can think critically about tiny distinctions that make a huge difference in a line of cases or in a doctrine. This level of thinking simply cannot be constantly replicated over a period of 18 hours per day, 5 days per week plus 10+ hours each weekend day.
Not only is it not possible or practical, it's not healthy. The profession feeds you this bs, you have to work all the time or else you're losing time. That's the way they want you to think. They want you to feel like you're overwhelmed or else you're not being a "good" lawyer. You are falling into the trap if you think the key to success is non-stop work and that you can beat people in your class through brute force. Maybe in undergrad and in your desk job that worked for you. Law school is different. No one parties all nights of the week, and even if they do it's simple minded to assume that that's what separates the curve. Very simple-minded. The curve is separated by any number of factors and is very arbitrary at the middle. Some teachers like different things, some give points for creative policy arguments, some just simply check off issues. Are you telling me that someone smart enough to get into law school couldn't come up with a decent policy argument just because they partied a few times during the semester while you were staying in and studying until your eyes fell out? I'm sorry, but that's just not how it works. This is top quality competition, and you can't beat them or at least be at the top simply by working hours on end. You have to have a natural aptitude for grasping and applying legal concepts to new fact situations. No amount of studying will get you to the top of the class if you don't at least have a gift for understanding and applying law.
Let me know how the studying goes.
I wouldn't get too caught up on the distinction. There are only two kinds of contracts - express and implied. It sounds like you have what is called a contract implied in fact. These types of contracts are based on an agreement between the parties but usually lack a formal agreement in writing.