Showing posts with label civil procedure. Show all posts
Showing posts with label civil procedure. Show all posts

Monday, March 1, 2010

My civil procedure professor is a California Lawyer Attorney of the Year

http://www.callawyer.com/story.cfm?eid=908041&evid=1
Brooks and Stiglitz led the California Innocence Project (CIP) to win reversal of convictions in 2009 for three clients who had been imprisoned for many years. Earning the release of a wrongfully convicted person is one of the legal system's most difficult feats; only 27 post-conviction exonerations occurred nationwide last year, according to the New York Innocence Project's annual list. CIP was responsible for all of the California exonerations, after working on the cases for as many as nine years.

In July a Los Angeles County Superior Court judge granted a motion by CIP and Plourd to dismiss charges against Reggie Cole, convicted in 1995 for a shooting death and sentenced to life in prison without parole. In August a San Bernardino County judge granted CIP's request to reverse the murder conviction of William Richards, who was tried in 1997 and sentenced to 25 years to life. In September a U.S. Central District Court judge granted a petition filed by CIP and Multhaup, reversing the 2002 attempted murder conviction of Rafael Madrigal Jr., who was sentenced to 53 years to life in prison for a gang-related shooting incident. In each case, CIP presented exculpatory evidence and new testimony proving the innocence of the client.
Congratulations professor Stiglitz. He is probably the most terrifying professor.

Tonight I went to an Entertainment Law forum (free food!). It was really interesting. There is another session tomorrow night that I'll be attending.

Time for some legal skills.

Tuesday, January 26, 2010

Licking my wounds and my thoughts on transferring.

I got called on in Civil Procedure and it didn't go well. The professor asked me about a procedural step. I had it in my brief but I felt like I might have written it down wrong so I stumbled and didn't really regain any kind of momentum. Anyway, I got chewed out in front of the class. It seems a little gratuitous but whatever, I'm not going to dwell on it.

Grades come out Friday. I've overheard more than a few over-confident conversations about transferring. To transfer you need to be in the top 5-10%. That means you have to do better than 90-95% of the class. I don't know why people are counting their chickens before they're hatched. From what I've read, no one should count on transferring. There are a variety of reasons for people with high lsat scores to pick a t3 or t4 school: close to home, scholarship, etc... In order to transfer a person has to beat out these students and the rest of their class. Because the exams are graded on a curve, you have rock the exams harder than everyone else. In short: you have to be the Ted Nugent of law school to transfer.

It is important to be happy with your choice of law school and assume you're going to remain in your school and in the job markets it feeds into. In this case I'm happy with California Western (maybe grades will change my mind... but today I feel good. heh) and I'd be thrilled to have the opportunity practice law in San Diego. I love this place and I don't want to leave.

Saturday, December 19, 2009

Outlines, Briefs, Notes, and music.

http://www.megaupload.com/?d=RJ5WNBX0 - law
http://www.megaupload.com/?d=NFGTDUSG - music

Thats everything I have SAVED to this computer. There is about half the semester I typed up at school and sent to my gmail never saving it to my 'law' file on my computer.

Disclaimer: I am a student. Not everything is correct. Most of my briefs and outlines have hand written notes and line outs in pen. If you depend on my notes you should take the same route.

Some briefs I took from:
http://lawschool.mikeshecket.com/civpro/casebooknotes.html
4law.com

I assume everything has a creative commons license until I am notified otherwise by the creator.

Contents:
CIVIL PROCEDURE 1 W. PROFESSOR STIGLITZ:
Asahi Metal Industry Co.doc
Asahi Metal Questions.doc
Bridges v Diesel.doc
BurgerKingCorp v Rudz.doc
Burnham v Superior Court.doc
Butler v Rigsby.doc
Carnival Cruise Lines v Shute.doc
Civil Procedure Outline.doc
DeeK v. Heveafil.doc
Gibbons v Brown.doc
Hansen v Denckla.doc
Hawkins v MastersFarms.doc
Helicopteros v Hall.doc
Houchens v AmericanHomeA.doc
InternationalShoe v Wash.doc
McGee v International Life.doc
Norton v Snapper.doc
Notes and problems159.doc
Pavlovich v Superior Court.doc
Perkins v Benguet.doc
Piper Aircraft v Reyno.doc
Rush v City of Maple Heights.doc
Sample Essays.doc
Shaffer v Heitner.doc
Shoe Questions.doc
Sigma Chemical Co v Harris.doc
Worldwide volkswagon v. Woodson .doc
Yeazell 267.doc

CONTRACTS 1 BARTON:
Austin Instrument v Loral.doc
Batsakis v.doc
Contracts Outline.doc
Contracts Outlined 1.doc
Coppola Enterprise v Alfone.doc
Davies v Martel.doc
Dougherty v Salt.doc
Feinberg v Pfeiffer Co.doc
Foakes v Beer.doc
Grouse v Group Health.doc
Hadley v Baxendale.doc
Haines v New York.doc
Hamer v Sidway.doc
Hawkins v McGee.doc
Hill v Jones.doc
Kenford Co v Erie CoKGMHarvesting.doc
Kirksey v Kirksey.doc
LacledeGas v Amoco.doc
Lingenfelder v Brewery.doc
Lucy v Zehmer.doc
Osteen v Johnson.doc
Piper Aircraft v Reyno.doc
Raffles v Wichelhaus.doc
Rockingham County v Luten.doc
Schnell v Nell.doc
Scott v Moragues.doc
Security Stove v American.doc
Shirley MacLain Parker v Fox.doc
Spaulding v Morse.doc
United States Naval Institute.doc
Walgreen Co v Sara Creek.doc
Webb v McGowin.doc
WickhamCoal v Farmer.doc

CRIMINAL LAW 1 BENNER
Chaplin v United States.doc
Criminal Law Outline-1.doc
Criminal Law Outline.doc
People v Ashley.doc
People v Brown.doc
People v Khoury.doc
Rex v Manley Brief.doc
State of New Jersey v Palendrano.doc
The People v Carlson.doc
Thompson v State.doc
United States v Selwyn.doc

PROPERTY 1 SMYTHE

Ghen v Rich.doc
Gruen v Gruen.doc
Keeble v Hickeringill.doc
Kuntos.doc
Newman v Bost.doc
Pierson v Post.doc
Property Outline.doc

LEGAL SKILLS CATO
CatoMeet.doc
Final Memo.doc
Final Memo and Reflection do Hypothetical.doc
Krona v Brett.doc
Marengo v Ross.doc
memo.doc
memo2.doc
MEMORANDUM.doc
MEMORANDUM2.doc
outline.doc
People v Woods.doc
Peter v Arco.doc
Professionalism Civility.doc
research ex. 3.doc
Research ex2.doc
Research Reflection.doc
umbrella.doc
United States v Selwyn.doc
Victor Victime.doc
writing assignment.doc
Wydick Exercise.doc

music
http://www.megaupload.com/?d=NFGTDUSG

Moth - Failure
Frogs - Failure
Undone - Failure
Memory Lane - Elliot Smith
King's Crossing - Elliot Smith
Carry the Zero - Built to Spill
Else - Built to Spill
He War - Cat Power
Renegade - hed pe
Oblivion - Mastodon
Armistice - Phoenix
LA - Elliot Smith
Wouldn't Mama be Proud - Elliot Smith
Can't Make a Sound - Elliot Smith
Criminal - Eminem
1901 - Phoenix
Lisztomania - Phoenix
Jesus, etc. - Wilco
Losing A Whole Year - Third Eye Blind
2+2=5 (The Lukewarm.) - Radiohead
Just - Radiohead
My Iron Lung - Radiohead
The Bends - Radiohead
Planet Telex - Radiohead
Sidewalk - Built to Spill

Monday, December 14, 2009

Half way there.

My civil procedure and contracts finals are done.

Civil procedure-

I walked into the exam and when it started I got sick. I couldn't think so I got up, went to the restroom and ran my wrists under some cool water. I came back, sat down and did as well as I could. I think I messed up the first few multiple choice questions and I'm not sure how well I did on the essay. Its probably not an A but I also didn't fail. So glass half-full I suppose.

Contract-

What the fucking fuck was that? 90 minutes to type as fast as you could in issue spotting memorized racehorse word vomit. I type between 90-100 wpm. I typed the entire time and I still missed two issues by virtue of the fact that there was not enough time. At the end of 90 minutes we had to stop typing and move onto the multiple choice. The multiple choice had easy questions and medium questions, but nothing terribly difficult.

I hit a ton of issues and had some decent policy points to make. I know I hit a few things that only people that memorized every slide, the cases and their outline would have gotten. However, I missed a statute of frauds issue and I didn't address specific performance (even though it wasn't valid for either party in the fact pattern it still needed to be addressed, I ran out of time).

Anyway, I knew the whole syllabus and all the material forwards and backwards and I likely still didn't get an A.


Two more attempts left. I'm still swinging for the fences, but these exams are hard.

Saturday, December 5, 2009

The penultimate week

My first final is civil procedure. It is next Saturday at 8am.

I recovered fully from being sick. I lost 10 pounds but I'm gaining it back. I didn't weigh very much to begin with.

I rolled through studying this week. I'm at the 70 hour mark between classes and study hours. I worked with a few study groups, took practice tests and updated all my outlines.

I have some positive and negative remarks about California Western. I'll start with the negative and end with the positive:

Negative:
-The library is not open 24 hours. This is odd. I like being there late and studying. I guess this is somewhat of an uproar as there is a facebook group and a petition to leave the library open. The general feeling is that the tuition is at an all time high and the student services are at an all time low.
-The attrition rate weighs pretty heavily on the student population. It makes everyone stressed and depressed.
-This last comment isn't so much a complaint about the school as it is something I feel like venting. There is one student in my section who for whatever reason has gone out of his way to become disruptive in class. I think he claims he will be in the top 5 or 10 percent. I have my suspicions.

Positive:
-The review sessions put on by the Women's Law Caucus are very helpful. I went to a contracts review session and they gave me an outline to augment/ correct my own with. They also taught me how to engineer an attack outline and how to approach my contracts exam.
-The tutors are extraordinarily helpful. They even proctor practice exams. The tutors also give feedback and help explain complicated hypotheticals and practice problems. They also cut straight to what is applicable to the exam.
-My legal skills professor is very pleasant. She went over my final memo for the class and gave some helpful suggestions.

Evaluating myself:

Property - I did well on the practice exam. I even nailed a pretty hard future interest problem which had language that could be interpreted two different ways. You had to determine the intent of the drafter and argue for two different parties. I like the future interest problems.

Criminal Law - I did well on the practice exam. The professor for this class wants very concise answers and does not like irac. I feel like I am going to be OK during this final, but its the kind of test that if you misread a question or miss the call of the question you could bomb the final.

Contracts - This class gets a mixed review. The professor wants us to essentially write an essay about everything we have learned and apply it to a fact pattern. This means outlining the course during the exam and sticking in facts. I am fine with this. However, the format makes me uncomfortable. Its a race horse issue spotting exam. The professor also only allows 90 minutes for the essay portion and then you are not allowed to go back and edit it.

Civil Procedure - I have a firm grasp on the material for this course. Unfortunately, so does everyone else. I think the professor scared everyone into studying like mad. Another negative point is that the exam is going to be 'easy' according to the professor, which means it will be difficult to differentiate myself from the rest of the group. This is also an exam where if you misread the question you can bomb the final.

Legal Skills - The final memo is all that is required. There is no final. My legal skills group is a 1/4 of the full section. My group has some good writers who certainly communicated with the professor more than I did throughout the semester. I had my professor look over my paper and outside of a few minor errors everything seemed ok. I have my doubts as to whether I will get the A. I certainly will not fail or anything, but I don't know how my writing reads compared to others. From what I can tell the top papers are somewhat of a toss up as to who gets the A and who gets a B. This class is not included in the GPA to determine if the school asks you to leave or not.

If I took all my finals right now I would not fail them. Hopefully I can polish things up a bit and get a few As. But who knows? Nothing in law school is a given.

Wednesday, October 28, 2009

'I have more questions than you have answers.'

I answered questions for about 30 minutes in class the other day. The professor for civil procedure is probably the toughest on the students and the class has more of an 'academic boot camp' feel to it than the others. I handled the questions pretty well. At one point the professor attempted to create a hypothetical to elicit a certain response from me. I answered all his questions correctly. He just didn't ask the question the right way to get the answer he wanted. He finally laughed, phrased the question correctly and as I was thinking about the answer he said 'See, I have more questions than you have answers.'

I laughed because it was painfully true as my mind raced to find an appropriate answer.

After rephrases and the scribbled out drawings on the board about who lived where during whatever time period and what state the parties all lived in I got a little confused and fumbled on the last answer. I did my best to work through it and I think I did alright.

Next weekend is Halloween. For whatever reason California Western students take this holiday really, really seriously. They treat it like a Catholic treats Fat Tuesday before lent. I guess there is a parallel (admittedly not the best analog, but I like it so shut up) there in that after Halloween everyone gives up their freedom to go out and starts putting in 8-12 hours a day, every day, until finals.

Some students haven't caught on quite yet to how hard this work load is. You can get away with not reading or not briefing once or twice but its painful to catch back up. If you don't read or brief for a class and do nothing to learn the material otherwise you have effectively put it off for another day. It takes about 50-60 hours per week of going to class and studying outside of class to learn and know the material cold. To learn it well enough to answer any kind of questions you could get away with 40. So lets just say 50 hours/ week. If you only put in 30 hours for a week you've backlogged 20 hours of learning for yourself. If you do that two weeks in a row you have a 40 hour backlog.

Thats not to say it isn't irrecoverable. Its just going to be an excruciating experience.

I played soccer all through high school pretty competitively. Our coach, who we not so affectionately called, 'the soccer Nazi', would make us run 60-50-40s. You have 60 seconds to run a lap around the field and without stopping you have 50 seconds to run the next lap and without stopping you have 40 seconds to run the last lap which leaves you breathless, dead tired and wondering why you ever thought soccer was fun.

The fall semester feels about the same. The beginning is 40 hours/week, the middle is 50 hours/week and the end is 60 hours/week to the finish. I think the school recommends 70 hours/ week for the whole semester or something ungodly like that but that would probably leave you with the social and networking skills of a turnip.

My outlines are looking good. My tutors like them and have given me their input. I'm going to start taking practice tests this weekend.

One last sprint to the finish.