Law School Discussion


Whcih type of school would you rather attend?

Under 28 yrs old - Theoretical
20 (60.6%)
Under 28 yrs old - Practical
7 (21.2%)
29 yrs and older - Theoretical
2 (6.1%)
29 yrs and older - Practical
4 (12.1%)

Total Members Voted: 33

Theoretical vs Practical


  • ****
  • 2849
  • Retired
    • View Profile
Re: Theoretical vs Practical
« Reply #10 on: November 06, 2007, 10:15:53 PM »
If I wrote it, it's the rule.  Think of me as Justice Kennedy.  In any case, I can't imagine anyone objectively disagreeing with the value of an A exam.


But, I mean, wouldn't you like to be someone other than Justice Kennedy?

I don't know.  Being the most powerful person on the most powerful court in the country sounds nice to me.  I suppose I'd prefer a cushy professor job, but it's close.

Re: Theoretical vs Practical
« Reply #11 on: November 07, 2007, 06:54:55 AM »
IN theory kennedy is no more powerful than if you picked a justice y ou virtually always disagree with, and vote how you would. Youre still gonna swing lots of decisions.
Where its 3-4 alot, with kennedy having the power, if you knock out a conservative mouth breather, in favor of yourself, you can make it 4-2 + whatever kennedy does. :)

Re: Theoretical vs Practical
« Reply #12 on: November 07, 2007, 08:17:28 AM »
you will still at a minimum need to the basic black letter stuff even if you only covered it for a few minutes in class.

that's my fear.

This actually varies based on professor pretty widely.  At the very least, what counts as "basic black letter law" can vary.  In my torts class, I could probably sum up everything black letter I needed to know in like 5 sentences.  On the exam, I spent 90% of the time applying various theories/policies and 10% citing legal principles.  The key is to find A answers to past exams, and do whatever they did.

Whats unusual there is not that you only spent 10% of the time citing legal principles but that you spent the other 90% applying theories/policies.  10% on legal rules sounds about normal, but usually you analyze the facts in light of the legal rules and that makes say 70% and maybe 20% on policy.  I once had a two hour question that was broken down into three parts in one class, spend forty means making the plaintiff's case, forty minutes making the defendant's case, and 40 minutes writing a decision as judge.  Since I had already gone over all the technical arguments in the first hour twenty, the last part was an example of almost pure policy with maybe a smidge em of case law thrown in to make it look like I was following precedent.