Contracts

[juliemccoy]

Does anyone have any advice for Contracts? I think that of all of my classes, this will be the one to give me the most problems. I have a copy of the hornbook keyed to my text, as well as the E&E. I guess my biggest concern is knowing what will be relevant... Are requirements K's really going to come up on an exam, or is it more the principle of good faith? Hope this makes sense! Thanks!

[1LMan]

Just roll through and learn the process.  It will all come together at the end.  Pay attention to what falls under the UCC and what falls under common law.  In the end, you will learn that the countless numbers of cases you read matter little when exam time comes, but it's all part of the process that is learning to think like a lawyer.

Good luck!  You will do fine.

[vaplaugh]

tag.  Contracts seems like the most difficult class for me too.

[WhiteyEMSR]

Contracts was the class that gave me the most problems, at least at first. We started with damages, and I thought I was a dead man. As the semester moved forward and with some help from E&E, I actually started to understand what the hell was going on. A small part of me, albeit a small part, actually started to enjoy the class. I ended up with a good grade. I think you'll be fine. Everyone struggles. Everyone's confused.

And like a prior poster said, things eventually start to come together. Good luck!

[dandlewood]

Uh... as far as 1L goes, I'd have to say I'd put contracts on the fun side of the scale.  Do you find Civ. Pro. to be easier? I certainly didn't.

[1LMan]

The thing with civ pro is it is all very mechanical.  You follow the rules, then apply them.  Contracts is a more straight up law school type thinking class.  You have issues that can go either way (i.e. UCC or common law) and then you have to make the argument.  It's all about issue spotting.

For Civ. Pro., you generally know the issues up front and just have to analyze them and apply the rules.

[dandlewood]

That makes it sound simple, and I'm not saying you're too far off. I suppose it depends on how your brain works.  Issue spotting doesn't seem to difficult to me, but the mass memorization involved to be able to get to applicable statutes in civ pro was a pain. 

[brightline]

Contracts was probably my favorite subject 1L year. I aced it both semesters.

Anyway, any type of contract you cover in class is fair game for the exam. My exam covered a lot of material and multiple types of contracts.

I used Casenotes legal briefs, Emanuel's, and the Examples and Explanations for class along with an assigned supplement for the Restatement 2d of Contracts and the UCC. My roommate who is a 1L was assigned a crappy supplement that doesn't show enough of the Restatement 2d of Contracts, which is the crux of common law contracts. I highly suggest you order a copy with comments and the illustrations rather than sticking with the crummy stripped down supp. if that's what your prof assigned.

https://www.iiblp.org/cart/store/comersus_viewItem.asp?idProduct=1778

Above is the link to purchase the Restatement 2d of Contracts supp I was assigned and recommend.

Alternately, you can access the full restatement of contracts and the full UCC on lexis nexis but that's kind of pain and not very manageable...too hard to navigate online.

One more tip: make sure you only study the version of Article 2 of the UCC your prof assigns. Many profs don't teach revised Article 2 because not many states have adopted. In my class, we stuck exclusively to "old / unrevised" article 2.

Good Luck.

[bigfatbox]

The FRCPs have a mechanical aspect to them.

However, jurisdiction is far from mechanical. Not all schools cover jurisdiction in civ pro though.

The thing with civ pro is it is all very mechanical.  You follow the rules, then apply them.  Contracts is a more straight up law school type thinking class.  You have issues that can go either way (i.e. UCC or common law) and then you have to make the argument.  It's all about issue spotting.

For Civ. Pro., you generally know the issues up front and just have to analyze them and apply the rules.

[1LMan]

The FRCPs have a mechanical aspect to them.

However, jurisdiction is far from mechanical. Not all schools cover jurisdiction in civ pro though.

The thing with civ pro is it is all very mechanical.  You follow the rules, then apply them.  Contracts is a more straight up law school type thinking class.  You have issues that can go either way (i.e. UCC or common law) and then you have to make the argument.  It's all about issue spotting.

For Civ. Pro., you generally know the issues up front and just have to analyze them and apply the rules.

I disagree.  Jurisdiction is also very mechanical.  You simply are required to apply the appropriate tests.  Sure, there is some grey area, but that is law school.  At the end of the day I think that Civ. Pro. is definitely more mechanical than any of the other first year courses.