TheSeaLocust's 1L Anxiety Meditation Retreat & Spa Forum

[Easy-E]

Just got back my ungraded Torts midterm. It's marked up like a son of a bitch, and I only got 11 of 20 right on the multiple choice. Tell me everything is going to be ok, and that I'm not a complete fuck up.

Use it an as opportunity to hone your skills. You know what you need to brush up on, and you have a hint at what your professor likes to ask questions on. It may help to remember it's likely no one in your class knocked it out of the park. You're great and you have great hair.

[Pretzel_Logic]

I don't even want to do fun things anymore, and I feel disgusted by myself for that. None of the things I used to find fun seem like a good way to spend time anymore. I feel like I would be depressed if I had time to deal with that. I want this all to be over, or maybe to have never started. I want it to be ten years from now, or maybe ten years ago. Hell, I'd even settle for two days from now, or two days ago. Somehow now just feels like the worst possible time.

Hey bro, I've been in this place and I think A Nony is on point. This kind of time-shifting you're wishing for is exactly what I wiled away hours doing when I was wrestling with anxiety and depression. Depression doesn't always mean being weepy--the lack of interest and the procrastination you're describing are my two biggest symptoms. I know you feel paralyzed by the volume of things you have to do, but make #1 on the list finding a professional to talk with. Your school probably has someone or can tell you where to go.

In the meantime: one of the things that helps me break out of the anxiety/depression loop is writing out a list of the things I have to do the next day, broken into very small chunks. 50 pages is actually kind of a lot, so try breaking it down into a list like

"1) get up at x time
2) go to x class
3) read xyz case
4) eat breakfast
5) take a shower
6) eat lunch
7) read abc case"

etc. It sounds silly but it helped (still helps) me a lot. Also I've found if I put myself on a clock I work better--there's something called the Pomodoro method where you work solid for 25 minutes, take a 5 minute break, and then another 25 minutes of work.

In any event, I wish you the best. Reach out to a friend or a family member and don't do this alone.

[thesealocust]

Just got back my ungraded Torts midterm. It's marked up like a son of a bitch, and I only got 11 of 20 right on the multiple choice. Tell me everything is going to be ok, and that I'm not a complete fuck up.

Everything is going to be O.K. You're not a complete fuck up.

[MKC]

Just got back my ungraded Torts midterm. It's marked up like a son of a bitch, and I only got 11 of 20 right on the multiple choice. Tell me everything is going to be ok, and that I'm not a complete fuck up.

Everything is going to be O.K. You're not a complete fuck up.

GrandMaster psychologist SL: always knows exactly what to say.

[thesealocust]

Shhh. There there.

Show me on this doll where 1L touched you.

[Easy-E]

I hear people talking about outlining, appears we are just past halfway with most syllabuses. Still too early? I was thinking early November but I'm getting worried I won't have the time.

Also, is there a TLS guide to outlining or creating flow charts, or something generally recommended? This site has pretty much held my hand since day 1, but I haven't seen anything.

[thesealocust]

I hear people talking about outlining, appears we are just past halfway with most syllabuses. Still too early? I was thinking early November but I'm getting worried I won't have the time.

Also, is there a TLS guide to outlining or creating flow charts, or something generally recommended? This site has pretty much held my hand since day 1, but I haven't seen anything.

It's not too early at all (but I also wouldn't worry about it being too late or being behind). I responded to the other request somewhat dismissively before, but your best bet is to find several other outlines (ideally from students who have recently had your profs) and look them over to see how they're set up, then just dump every day of class notes into your outline in a way that distills/organizes the material.

[ThinkNegative]

I'm constantly behind on my reading. It's an emergency so I triage:

— Read the BLL (Restatements Torts & Contracts; UCC; Model Penal Code; Statutes for CivPro)
— If I have time, I skim the notes on the material in the casebooks;
— If I have more time, I skim the actual cases in the casebooks.

Am I doing this right?

I hate being totally confused in class, but at least the BLL orients me to WTF is being discussed.

[soj]

Yeah, that looks very reasonable.

[thesealocust]

You'll be fine. Try to read the cases though - it's really not that much work if you put your mind to it, and it's the fundamental building block of everything else. Class notes/discussion is otherwise key.

[ThinkNegative]

I try... it's just so hard to disengage the part of my mind that wants to keep track of all the details (i.e., taking notes on the cases, which feels like a waste of time). But I'll keep the advice in mind. Thank you.

[OutCold]

I think the best thing you can do as a 1L trying to make sense of what material is important is to get your hands on a good past outline.

[Easy-E]

I'm constantly behind on my reading. It's an emergency so I triage:

— Read the BLL (Restatements Torts & Contracts; UCC; Model Penal Code; Statutes for CivPro)
— If I have time, I skim the notes on the material in the casebooks;
— If I have more time, I skim the actual cases in the casebooks.

Am I doing this right?

I hate being totally confused in class, but at least the BLL orients me to WTF is being discussed.

My Torts and Property professors mention the Restatements pretty infrequently. Are those classes mostly common law then? I feel like I'm the only person who still doesn't full understand what common law entails, is it basically everything we're learning (RAP, future interest, joint tenancy, etc)?

[thesealocust]

Yes, it's everything you're learning. Common law just means law derived from a stream of judicial precedents, as contrasted with laws enacted by statute.

It is illegal to offer to sell securities without using a prospectus - that's not common law, because the law comes from an act of Congress and regulations promulgated by the SEC. A legal issue would entail looking at statutes and interpreting regulations, no action letters, etc. There may be some court cases, but they will exist to resolve ambiguous facts or ambiguities in the statutory law.

If you punch somebody in the face, they can sue you and recover damages. That's common law because the source for that law is judicial decisions stretching back to merry older England. While statutes may come into play, as taught in law school the common law of Torts is going to consist of a string of judicial cases that lay out the contours of the major causes of action and their elements - duty, breach, causation, harm, etc.

With the exception of civ pro, most 1L courses are all common law, but they may also expose you to other things - such as statutes that attempt to codify what is otherwise common law, occasionally with twists (like the UCC).

Restatements are just high-level descriptions of laws otherwise existing in the realm of common law. Hence the name - they're restating the general law.

What you learn and apply 1L is in a weird vacuum where your professor is lord god and master. In practice, you would always be referring to the cases, precedent streams, statutes, etc. applicable explicitly in your jurisdiction. But you will likely find those cases/statutes either mirror or cite directly to the major cases you learn in 1L. Palsgraff or something like it will be in the precedent stream of every state in the country.

[Easy-E]

Yes, it's everything you're learning. Common law just means law derived from a stream of judicial precedents, as contrasted with laws enacted by statute.

It is illegal to offer to sell securities without using a prospectus - that's not common law, because the law comes from an act of Congress and regulations promulgated by the SEC. A legal issue would entail looking at statutes and interpreting regulations, no action letters, etc. There may be some court cases, but they will exist to resolve ambiguous facts or ambiguities in the statutory law.

If you punch somebody in the face, they can sue you and recover damages. That's common law because the source for that law is judicial decisions stretching back to merry older England. While statutes may come into play, as taught in law school the common law of Torts is going to consist of a string of judicial cases that lay out the contours of the major causes of action and their elements - duty, breach, causation, harm, etc.

With the exception of civ pro, most 1L courses are all common law, but they may also expose you to other things - such as statutes that attempt to codify what is otherwise common law, occasionally with twists (like the UCC).

Restatements are just high-level descriptions of laws otherwise existing in the realm of common law. Hence the name - they're restating the general law.

What you learn and apply 1L is in a weird vacuum where your professor is lord god and master. In practice, you would always be referring to the cases, precedent streams, statutes, etc. applicable explicitly in your jurisdiction. But you will likely find those cases/statutes either mirror or cite directly to the major cases you learn in 1L. Palsgraff or something like it will be in the precedent stream of every state in the country.

Thank you so much for this TSL. Sometimes I feel like their are basic concepts I'm not grasping, and I feel like I have no sturdy foundation to build on, this is very comforting.

[buckythebadger]

Thank you so much for this TSL. Sometimes I feel like their are basic concepts I'm not grasping, and I feel like I have no sturdy foundation to build on, this is very comforting.

All of your classmates feel this way. If they say otherwise, they are lying, or they are missing a lot of subtle concepts. Everything will start to come together in about a month.

[JazzOne]

Yes, it's everything you're learning. Common law just means law derived from a stream of judicial precedents, as contrasted with laws enacted by statute.

It is illegal to offer to sell securities without using a prospectus - that's not common law, because the law comes from an act of Congress and regulations promulgated by the SEC. A legal issue would entail looking at statutes and interpreting regulations, no action letters, etc. There may be some court cases, but they will exist to resolve ambiguous facts or ambiguities in the statutory law.

If you punch somebody in the face, they can sue you and recover damages. That's common law because the source for that law is judicial decisions stretching back to merry older England. While statutes may come into play, as taught in law school the common law of Torts is going to consist of a string of judicial cases that lay out the contours of the major causes of action and their elements - duty, breach, causation, harm, etc.

With the exception of civ pro, most 1L courses are all common law, but they may also expose you to other things - such as statutes that attempt to codify what is otherwise common law, occasionally with twists (like the UCC).

Restatements are just high-level descriptions of laws otherwise existing in the realm of common law. Hence the name - they're restating the general law.

What you learn and apply 1L is in a weird vacuum where your professor is lord god and master. In practice, you would always be referring to the cases, precedent streams, statutes, etc. applicable explicitly in your jurisdiction. But you will likely find those cases/statutes either mirror or cite directly to the major cases you learn in 1L. Palsgraff or something like it will be in the precedent stream of every state in the country.

Are you a practicing attorney? You should be a teacher. Great teachers know how to distill complicated issues down to their essentials; they understand where the nodes of misunderstanding lie, and they simplify ideas right at those edges. I think your post highlights a high-level teacher awareness that few people can achieve. Interesting thread.

ETA: The other poster who comes to mind who can really focus on the essential point of misunderstanding is Jeffort. There are some great posters on this site.

[Easy-E]

Thank you so much for this TSL. Sometimes I feel like their are basic concepts I'm not grasping, and I feel like I have no sturdy foundation to build on, this is very comforting.

All of your classmates feel this way. If they say otherwise, they are lying, or they are missing a lot of subtle concepts. Everything will start to come together in about a month.

I've begun to use office hours, and I've found that to be reassuring as well, and useful in getting a "bigger picture", but yeah, I guess I just need to wait for all the pieces to come together. This is especially good to know for my torts class, where apparently we are WAY behind on the syllabus. Makes me less worried about being a bit lost. Thanks bud.

[thesealocust]

Thanks for the kind words JazzOne! Would you believe I still remember trading PMs and anxious energy as we awaited 1L grades? I think my handle was Disco_barred back then because I'm neurotic like that...

I am a practicing attorney now, but I have always loved explaining and teaching (as evidenced by my non-stop writing of guides on TLS?).

All of your classmates feel this way. If they say otherwise, they are lying, or they are missing a lot of subtle concepts. Everything will start to come together in about a month.

+1. Everyone is lost at least fall semester.

[boredtodeath]

I'm constantly behind on my reading. It's an emergency so I triage:

— Read the BLL (Restatements Torts & Contracts; UCC; Model Penal Code; Statutes for CivPro)
— If I have time, I skim the notes on the material in the casebooks;
— If I have more time, I skim the actual cases in the casebooks.

Am I doing this right?

I hate being totally confused in class, but at least the BLL orients me to WTF is being discussed.

I'm a fellow 1L as well so take what I say with a grain of salt, but I actually think you'd be better off doing this the other way around.

I find it much easier to glean the general rules from the cases than if I just read the UCC, Restatement or FRCP provision without any context. Reading the case gives me a sense of why the rule was formulated and acts as a reminder of what the general meaning of the rule is.

Plus I find it pretty much impossible to memorize the exact wording of the BLL. I also find it pretty tough to memorize what any of the Restatement provisions are off the top of my head (Restatement Contracts 45? No idea). The only ones I have memorized are the ones that were brought up by multiple cases - UCC 2-207, FRCP 11, 26, etc etc. What you're doing may work for you, but if you feel like it's not, I'd advise reading the cases first.

I'd avoid the notes altogether (unless you have my ConLaw prof who seems to love them).

[espressocream]

I'm constantly behind on my reading. It's an emergency so I triage:

— Read the BLL (Restatements Torts & Contracts; UCC; Model Penal Code; Statutes for CivPro)
— If I have time, I skim the notes on the material in the casebooks;
— If I have more time, I skim the actual cases in the casebooks.

Am I doing this right?

I hate being totally confused in class, but at least the BLL orients me to WTF is being discussed.

I'm a fellow 1L as well so take what I say with a grain of salt, but I actually think you'd be better off doing this the other way around.

I find it much easier to glean the general rules from the cases than if I just read the UCC, Restatement or FRCP provision without any context. Reading the case gives me a sense of why the rule was formulated and acts as a reminder of what the general meaning of the rule is.

Plus I find it pretty much impossible to memorize the exact wording of the BLL. I also find it pretty tough to memorize what any of the Restatement provisions are off the top of my head (Restatement Contracts 45? No idea). The only ones I have memorized are the ones that were brought up by multiple cases - UCC 2-207, FRCP 11, 26, etc etc. What you're doing may work for you, but if you feel like it's not, I'd advise reading the cases first.

I'd avoid the notes altogether (unless you have my ConLaw prof who seems to love them).

That's interesting, because I find the notes to be the most helpful in explaining not only the cases but prior concepts -- especially in Civ Pro. I feel like I benefit greatly from the quick recaps as we move through the casebook.
Everyone does things differently, hope you find what works for you ThinkNegative

[06102016]

..

[Easy-E]

What the hell does estoppel mean? I can't wrap my head around the definition and it's driving me nuts.

[stillwater]

What the hell does estoppel mean? I can't wrap my head around the definition and it's driving me nuts.

it just means a party is estopped (might as well literally mean stopped) from enforcing an otherwise legal right in certain circumstances. so in ktts, with promissory estoppel, no valid contract has been formed but the equitable doctrine prevents the party that induced reliance from asserting or arguing there isn't a quasi-contractual situation, which would be their legal right in the sense there is not a true contract in the situation.

[thesealocust]

What the hell does estoppel mean? I can't wrap my head around the definition and it's driving me nuts.

Estoppel means "no take backs."