[Please see my original post here.]
In the beginning was Contracts and Contracts was hard. And I spent nigh all my waking hours on Contracts. And Contracts was hard.
Then cameth CivPro. And CivPro brought complete diversity. And complete diversity was good. And then cameth 28 USC 1441, and 1447, and my head swimmeth.
Seriously; who knew making a federal case of something was such a big deal? I thought Contracts was hard...
...here comes CivPro in the backstretch; Contracts going to the inside....♫
Showing posts with label contracts. Show all posts
Showing posts with label contracts. Show all posts
Monday, September 21, 2009
Saturday, September 12, 2009
Still Shaking II. The first one's the hardest...
...and I did fine, I'm happy to report.
PLEASE SEE MY ORIGINAL POST HERE.
Contracts is my most difficult class. Professor Wittenberg tells me that it's a really hard subject for most 1Ls. Even those students who lean back and chat before class while the rest of us frantically pore over Step-saver v. Wyse are probably just so confused that re-reading a case is pointless. Or they're faking an easy understanding of the parol evidence rule and UCC 2-207 because they don't want the rest of us to smell their fear. Or they have some other excuse for covering their confusion that I don't have time to determine because I need to re-read Step-Saver v. Wyse. (Alternatively, they may actually have a fabulous understanding of contracts, in which case I dismiss them entirely. I'm too busy re-reading Step-saver v. Wyse to re-align my paradigm.)
Since the class is so hard I've been fretting about the possibility of a cold-call from the very beginning. It happened yesterday, and I'm still alive.
I'm not sure how long I was Socratic-methodizing with Prof. Wittenberg; when doom impends time nearly stands still. I'm guessing the interrogation conversation went on for between 10 and 15 minutes. I attacked a hypothetical case using UCC §2-207. Yes, THAT 2-207. The one that addresses contracts between merchants or non-merchants concerning the sale of goods that involves the battle of the forms with an offer/counteroffer that includes additional terms that may or may not materially alter the contract to the extent that they should be dropped from the terms of acceptance.
My hands were shaking and my throat was tight but I surprised myself with an ability to think quickly and give prompt and thoughtful answers. I even managed to throw out a couple of mild jokes in the process. I wasn't sure how to measure my performance but a few classmates approached me afterward and told me that I did a great job.
The good news is that the class numbers 90 students, so I think I'm off the hook for a few weeks.
P.S. Holy crap. When did I become the person who could write this:
PLEASE SEE MY ORIGINAL POST HERE.
Contracts is my most difficult class. Professor Wittenberg tells me that it's a really hard subject for most 1Ls. Even those students who lean back and chat before class while the rest of us frantically pore over Step-saver v. Wyse are probably just so confused that re-reading a case is pointless. Or they're faking an easy understanding of the parol evidence rule and UCC 2-207 because they don't want the rest of us to smell their fear. Or they have some other excuse for covering their confusion that I don't have time to determine because I need to re-read Step-Saver v. Wyse. (Alternatively, they may actually have a fabulous understanding of contracts, in which case I dismiss them entirely. I'm too busy re-reading Step-saver v. Wyse to re-align my paradigm.)
Since the class is so hard I've been fretting about the possibility of a cold-call from the very beginning. It happened yesterday, and I'm still alive.
I'm not sure how long I was Socratic-methodizing with Prof. Wittenberg; when doom impends time nearly stands still. I'm guessing the interrogation conversation went on for between 10 and 15 minutes. I attacked a hypothetical case using UCC §2-207. Yes, THAT 2-207. The one that addresses contracts between merchants or non-merchants concerning the sale of goods that involves the battle of the forms with an offer/counteroffer that includes additional terms that may or may not materially alter the contract to the extent that they should be dropped from the terms of acceptance.
My hands were shaking and my throat was tight but I surprised myself with an ability to think quickly and give prompt and thoughtful answers. I even managed to throw out a couple of mild jokes in the process. I wasn't sure how to measure my performance but a few classmates approached me afterward and told me that I did a great job.
The good news is that the class numbers 90 students, so I think I'm off the hook for a few weeks.
P.S. Holy crap. When did I become the person who could write this:
...The one that addresses contracts between merchants or non-merchants concerning the sale of goods that involves the battle of the forms with an offer/counteroffer that includes additional terms that may or may not materially alter the contract to the extent that they should be dropped from the terms of acceptance.
?
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.
*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:
Seriously; he's like this:
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.
*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:
Seriously; he's like this:
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