Showing posts with label case brief. Show all posts
Showing posts with label case brief. Show all posts

Monday, August 31, 2009

Still shaking

(Please see my original post here.)

It was a close one today in Contracts.

My prof. decided to cold-call starting in the front row and working back. I sit in the third seat in the first row. Though I had fully prepared for class my throat started closing and my head buzzed as the person beside me went on about unilateral contracts and proposals and counteroffers and promises. All I could think was: ohgod... I went over all the stuff I'd practiced before class. Mutual assent requires... ohgoddon'tcallonme. The master of the offer is the... ohgodlettimerunout. Restatement 24: An offer is 1)the manifestation of the ohgodwhydidIevercometolawschool the process of contract formation begins... well, you get the picture. My mind went (almost) blank and my notes were no help. I literally could not read my writing; my eyesight got all blurry while my toes went numb.

I've spoken up in class before but it had always been in response to a question that I (thought) I knew the answer to or a question I had (my prof.: "The teacher's manual says we have to tell you that there's no such thing as a dumb question.") This was going to be a disasterous debate with my raptor* professor and as soon as I realized I might have to talk my body went into "FREEZE! No public speaking!" mode.

Instead of calling on me the professor began discussing the Uniform Commercial Code and I ended the class uneviscerated. I'm wondering now if that means I'm on call for the next class.

Back later; gotta brief some cases.

Raptor preparing to eviscerate its prey

*I've been told more than once that my Contracts professor is actually a sweet guy and that by the end of the semster I'll love him and be grateful for how much he taught me. Here's hoping I make it to December.

Note: it's 2 1/2 weeks after I wrote this. I need you all to know that the professor I described as a raptor is actually more like this:



cute angry puppy

Seriously; he's like this:

cute teddy bear talking

Friday, August 21, 2009

Orientation, day 3. Or: Welcome to law school!

[Please see my original post here.]

The final day of orientation was...

Oh my god; I'm a 1L!

...the most interesting of all three days. The first panel included the dean of students, Laura Ferrari; Art Klossner, director of health services; and Wilma J. Busse, psychologist from the school's counseling center. From the presentation I learned that 40% of lawyers have some form of OCD. I learned that substance abuse is rampant among lawyers and law students. And Dean Ferrari assured us that our professional life starts NOW. Message: don't embarrass yourself. Don't alienate faculty or other students. Be aware that lawyers and judges walk through the law building all the time and understand that your networking opportunities began on Tuesday.

Holy cow...I'm supposed to be a lawyer...

Then some upperclassmen gave us a building tour and we broke off into small groups to talk about what law school's really like with a 2L. The meat and bones session included mostly information I'd read in law school prep books. BUT my group went through a round of introductions and it became clear that in law school I am nearly completely surrounded by history and political science majors. Did I mention that I studied art as an undergraduate? I haven't even read the U.S. Constitution.

Holy crap. I'm not ready for this.

Anyway, my professors have posted assignments for the first classes and I have lots of reading and briefing to do. The reading, the briefing, the class prep; those parts are all very exciting. I'm officially a 1L. I've entered a brave new world, and, for now, I think I like it.

(How long do you think it'll be before I want to eat those words?)

Sunday, July 19, 2009

Did I do that right? Is this what panic looks like? Why can't I keep a single line of thought?


Dear Incoming Law Student:
Brief this case.

Ok; so the letter I got from Suffolk Law was softer and more expository. It was, in fact, notably prosaic in tone and form. It was almost, in fact, kind.

The good news is that I've been invited to a four-day-long new student orientation session.

Orientation includes a two-hour First-Law-School-Class. Included in the orientation information was a packet of three cases. The first, Commonwealth v. Delgado, 367 Mass. 432 (1975), concerns armed robbery. The second, Commonwealth v. Howard, 386 Mass. 601 (1982), concerns armed robbery. The third, Commonwealth v. Powell, 433 Mass. 399 (2001), concerns armed robbery. As far as I can tell, the cases are nearly identical but the Supreme Judicial Court made three different rulings.

At any rate, the instructions said to read all three cases and the sample case brief for Delgado; to brief Howard but not Powell; and then...wait...what was the first one? I don't even think I cited the cases correctly.

I briefed Delgado before reading the sample case brief. The bad news is that I did it all wrong. I used bullet points where I should have used full sentences. I put some of the FACTS under the PROCEDURAL HISTORY heading. I stated the ISSUE incorrectly and the HOLDING was too long.

Now, I get that if I knew how to brief a case I wouldn't be a 1L. And I get that a sizeable part of the first year is taken up with learning how to brief cases. I'll learn it fast; of course I will. (I hope I will. What if I don't??) It's just that...well...I sort of wanted to be a prodigy.

Cue peals of evil laughter. The one-page letter may as well have been reduced to that one line: brief this case. Perhaps followed by ...and then you will die. muahaha. The anxiety is rising faster and faster.

If I can make it through the first class, then law school will be a breeze.
Just kidding.