1Ls, what's your impression thus far? Forum

[kswiss]

I was called on in the second day of torts and had to answer q's for about 15 minutes. It was all sailing along swimmingly. Then, I was asked a question that threw me off. I glanced at my notes, and bluttered, "yes, because of the doctrine of constructive intent." Unfortunately, constructive intent was some random thing that I had looked up in Black's, and had nothing to do with the question asked. For some reason I had focused on it in my studying, and it was on the top of my mind.

I recovered. But I felt like an idiot. Oh well. The kid who was socratized my first day was obviously unprepared and it was painful.

[revolution724]

I recovered. But I felt like an idiot.

This to me is the definition of 1L.

[Grizz]

The good thing is that no one remembers or cares that you sounded like an idiot, at least in my experience, because you probably don't sound like the idiot you think you do. People do remember the egregious gunners, however.

[LAWYER2]

is it just me or are Westlaw and Lexis infuriatingly unintuitive?

They both have these terribly convoluted and intricate search engines which stifle my impulse to simply type in the opposing parties.

This!

[manbearwig]

is it just me or are Westlaw and Lexis infuriatingly unintuitive?

They both have these terribly convoluted and intricate search engines which stifle my impulse to simply type in the opposing parties.

This!

Plus the fact that both seem to be quite buggy at times.

[BioEBear2010]

I've vowed to never kick anyone in the shin again. It's best to assume everyone is infested with bone-deteriorating microbes.

[danidancer]

I've vowed to never kick anyone in the shin again. It's best to assume everyone is infested with bone-deteriorating microbes.

+1. Except by accident. Apparently intent is pretty important in that whole battery thing. Who knew?

[nealric]

is it just me or are Westlaw and Lexis infuriatingly unintuitive?

They both have these terribly convoluted and intricate search engines which stifle my impulse to simply type in the opposing parties.

This!

You just have to learn how they are organized and learn the commands. Lexis does not work like google- but it's very sophisticated once you understand it. For example, if you are searching by the names of a party, you need to type "(name) Party X" - you can't just type their name. Look at the sidebar with the commands.

[snowpeach06]

The good thing is that no one remembers or cares that you sounded like an idiot, at least in my experience, because you probably don't sound like the idiot you think you do. People do remember the egregious gunners, however.

It's seriously true. One of my friends talks a lot in class, and almost every day says something about how stupid he thinks he sounded. Trust me, I can't wait to call him out on saying something dumb, but he's pretty much always worrying for nothing. Besides, even if you do say something retarded; tomorrow someone else will. It happens to everyone.

[Baylan]

I've vowed to never kick anyone in the shin again. It's best to assume everyone is infested with bone-deteriorating microbes.

+1. Except by accident. Apparently intent is pretty important in that whole battery thing. Who knew?

Or in a situation where it would be socially accepted to kick one in the shin...

[skoobily doobily]

I've vowed to never kick anyone in the shin again. It's best to assume everyone is infested with bone-deteriorating microbes.

+1. Except by accident. Apparently intent is pretty important in that whole battery thing. Who knew?

Or in a situation where it would be socially accepted to kick one in the shin...

No way Jose. As long as you possess intent to perform in the action which leads to the injury, malicious intent is not necessary and you will still be held liable.

[Grizz]

Damn we started with negligence.

[revolution724]

I've vowed to never kick anyone in the shin again. It's best to assume everyone is infested with bone-deteriorating microbes.

+1. Except by accident. Apparently intent is pretty important in that whole battery thing. Who knew?

Or in a situation where it would be socially accepted to kick one in the shin...

No way Jose. As long as you possess intent to perform in the action which leads to the injury, malicious intent is not necessary and you will still be held liable.

Possibly not, if you're kickboxing. Assumption of risk works sometimes.

[Baylan]

I've vowed to never kick anyone in the shin again. It's best to assume everyone is infested with bone-deteriorating microbes.

+1. Except by accident. Apparently intent is pretty important in that whole battery thing. Who knew?

Or in a situation where it would be socially accepted to kick one in the shin...

No way Jose. As long as you possess intent to perform in the action which leads to the injury, malicious intent is not necessary and you will still be held liable.

Maybe I misunderstood the case (my first day of Torts isn't until tomorrow... so I haven't had any clarification beyond what I've read yet).

I was under the impression that the assumption of risk would've been accepted in that case if Vosburg would've been on, say, the playground, doing boyish things, because one might expect to be kicked in the shin fairly regularly.

[skoobily doobily]

Possibly not, if you're kickboxing. Assumption of risk works sometimes.

If you're kickboxing, then there's implied consent. I was thinking along the lines of horsing around with a bunch of guys. So, yes you are correct.

[skoobily doobily]

Possibly not, if you're kickboxing. Assumption of risk works sometimes.

If you're kickboxing, then there's implied consent. I was thinking along the lines of horsing around with a bunch of guys. So, yes you are correct.

If you are horsing around with guys, likely not going to be battery.

hmmph . . . I should have been an actuary

[jdubb990]

As far as the workload goes, I don't think it is unbearable. It definitely is much heavier than UG, but that is to be expected. Reading the cases are very helpful to me, its kind of like working on a puzzle sometimes. Also, it seems picking out procedural history is a good way to get a better view of civil procedure. My property professor treats the subject in an extremely philosophical manner and the cases and notes and problems don't prepare us for class and his questions all that well; def going to find a supplement for that class soon.

Trying to figure out how study group's work, and what exactly needs to be in my outlines. I am doing mine from the beginning by synthesizing book notes in conjunction with class notes.

[revolution724]

implied consent would likely be found when guys are horsing around. Note this is different than assumption of risk, as well.

Yeah, you're right, it's been a while since I thought about it. Assumption of risk is a negligence concept that has to do with not finding a duty to guard against every possible injury when a person's knowingly engaging in a dangerous activity and the injury's related to that activity, and it would tend to protect against situations like a skier suing a ski slope when he breaks his leg on a slick surface that's part of a black diamond slope. Implied consent is a battery concept that when a person knowingly puts him or herself in a situation where a harmful touching is likely to occur, he or she can't sue for battery. In this case, voluntarily and mutually horsing around with pals might give rise to implied consent (although that was a more complicated question in Vosburg because the horsing around violated school rules), and getting kicked by a kickboxer when you're standing in the ring with him or her, wearing a kickboxing outfit, also falls into that category.

Or, it's always possible I've forgotten something else I won't need to remember again until bar review.

[Grizz]

Also no one I know is in a study group.

[Baylan]

implied consent would likely be found when guys are horsing around. Note this is different than assumption of risk, as well.

Thanks for the clarification

[revolution724]

Trying to figure out how study group's work

Like, the mechanics?

You find some students in your section who you like and/or think are smart. You get together and decide to form a study group. You compare calendars and decide to meet on whatever schedule you work out. You meet and review course information, throw hypotheticals at each other, compare outlines, run through practice exam questions, ask each other questions about concepts you haven't quite gotten, and you eat cookies. The end.

How do you find one? Talk to people you chatted up at orientation, or if that fails, nudge the person sitting next to you unless that person's too dumb or douchey, and ask if he or she has one yet. If the answer's no, ask if he or she would like to join forces. Carry on from there. Three to five is a good number.

[beach_terror]

Thinking of trying to form a study group of 2-3 people to come together with, identify the way in which the material could be tested, and then outline BLL and just throw around a few hypos.

[jdubb990]

Trying to figure out how study group's work

Like, the mechanics?

You find some students in your section who you like and/or think are smart. You get together and decide to form a study group. You compare calendars and decide to meet on whatever schedule you work out. You meet and review course information, throw hypotheticals at each other, compare outlines, run through practice exam questions, ask each other questions about concepts you haven't quite gotten, and you eat cookies. The end.

Three to five is a good number.

Yeah, I'm in one with 4 people and they want to meet one day a week. But all they are interested in doing is going over the stuff we cover in class that week and making sure we all have the same notes. I guess this and what you mentioned above is about all the benefit you can really derive from one...

Do you guys think its helpful to get outlines from students in other sections who have different teachers? And what about outlines from kids you know at other schools?

[revolution724]

Do you guys think its helpful to get outlines from students in other sections who have different teachers? And what about outlines from kids you know at other schools?

No. You will be tested on what your professor is teaching in your course. That other stuff will confuse you.

[Grizz]

Do you guys think its helpful to get outlines from students in other sections who have different teachers? And what about outlines from kids you know at other schools?

No. You will be tested on what your professor is teaching in your course. That other stuff will confuse you.

Agreed. Sounds like a terrible idea. So much of doing well hinges on what your prof wants.