Second exam at the end of 2L year ...

... I want to be happy sooo much! :-(

P.S. I had motivation till the moment when I had realized that I don't know how to take exams ... and this sucks!

Interesting reading

Success in Law School - A Unique Perspective

Cases in cartoons

A few times I have googled cases I am not clear about and stumble upon cartoons. here is one for Perlman v. Feldmann (from Corporations) -- see it at Sut's Views

I hate this word "outlining"

Today one of the students said that his outline is on 150 pages and he wants to bring it to a final. I thought my outlines are long, but what then to think of this one?

Ok, yes, I laugh from this...

Boring readings of complicated cases can be sometimes diluted with judge's humor. Apparently, from my postings on other web sites, lay people don't find that humor fun. Maybe that is why lawyers have own jokes that seem to others not at all amusing. My humor might happen to degrade to the level when I laugh at judge's opinions, but, oh well, I am a future lawyer, aren't I?

Here is an excerpt from one of the cases -- Penthouse Intern., Ltd. v. Dominion Federal Sav. & Loan Ass'n, 855 F.2d 963, 973 (2d Cir. 1988):

Also important to Dominion's case was the testimony of Melrod partner, Philip Gorelick. Because of his extensive involvement in the transaction, he was in the
best position to present Dominion's perspective concerning the deal. The district court was not, however, receptive to Gorelick's testimony. After Gorelick had concluded his testimony on direct examination and began responding to questions on cross-examination, Judge Duffy called a morning recess. As the Judge was leaving the courtroom, he requested that the Melrod firm's attorney, Robert L. Tofel, join him in the robing room. When Tofel met Judge Duffy in the robing room, the judge handed him a copy of Volume 377 of the Federal Supplement and requested that Tofel read the first line in U.S. v. Tramunti, 377 F.Supp. 1 (S.D.N.Y.1974) (Duffy, J.). That line reads: “John Spurdis is a liar.” After reading the sentence to himself, Tofel looked at the judge. Saying nothing, Judge Duffy simply shrugged expressively. Tofel then said in essence that Judge Duffy had misread Gorelick. Tofel explained that Gorelick may have been obnoxious or aggressive but that he was not a liar. Again, Judge Duffy did not respond and simply shrugged.

(. . .)

[t]he decision as to the credibility of witnesses is properly left to the trial judge or to the jury because as finders of fact they are in a position to view the demeanor of the witnesses.

Gorelick took the stand and attempted brazenly to lie to the court. During cross-examination, the crucible of truth, Gorelick continuously shifted uneasily in the chair, sweated like a trapped liar, and the glaze that came over his shifty eyes gave proof to his continuing perjury. His total lack of veracity was shown not only by his demeanor but by the shady practices he seemingly reveled in.

A couple days ago here I was writing about my doubts what clinic I want to participate in. Well, I have received an offer to join the Entrepreunirial Clinic. I have decided to follow my fortune and accepted. Now I think I didn't make a mistake. Moreover, I keep registering for business classes for the next semester.

Writing emails and writing on English

I have just finished writing an email to one of faculty members. I swear, I checked email over and over and continued find mistakes, very silly once. I have noticed that when I am writing I translate from my native language forgetting that English has different structure. How long am I in the States? More than 5 years? It is quite a bit, but I still feel that my language is so much imperfect. How to learn it? How other immigrants do? Is it my age or stupidity from birth? I am very frustrated.

In addition to this, my relationships with husband are kind of tense. Recently he is constantly grumpy and doesn't talk. That makes me upset, because I am a people person. If I don't speak to others, I become depressed. If I am depressed, I cannot do anything. Last two days, instead of studying for exams, I have been surfing Internet and watching TV. It is no good. Moreover, if I am behind on reading, I suffer an insomnia. Dreadful thing, I must confess. If I don't sleep well, I don't feel well next day. If I don't feel well, I don't think well. If I don't think well, I don't study well. What a chain of causation! I'd better get some tea with hopes that caffeine will help me.

Tough choice to make

A few minutes ago I have submitted my letter of intent to be enrolled in the Entrepreneurial Clinic. I am little worried because I always thought that I want to be a business attorney, but sometimes I have feelings that I will get bored with that type of work. I was thinking of litigation, but then I am not sure either. Therefore, I have decided to apply to the Entrepreneurial clinic first, instead of criminal law clinic and see whether I am accepted. If yes, I am in. Tough!

April?? Already??!!

Yes, again, I have disappeared from these pages, even though I keep saying that I have to write more for my own sake.

What happened with me for this time? Practically nothing.

Busy with studying.

I was really late with my note that was due before a spring break and as always I had to finish it up right before a due 5pm o'clock. But I made it.

I have realized that I should listen to my inner voice when it says to drop a class because a professor sucks. Bad, I didn't do listen to it at the beginning of this semester. From first class I knew that I don't like her. Now I hate this class because she says one thing, does another, makes me change my correct understanding of the material to the wrong one then, obviously, I make mistake and she lowers my grade. Honestly, I hate her class not because of the subject, but because of her methods of teaching, or, I would say, because of the absence of such methods.

I finally saw a wonderful state of California. For several years that I spent in the United States I have been hearing a lot about it. Actually views were totally opposite: crowded-state-with-high-real-estate-prices v. beautiful-weather-and-closeness-of the-ocean. Unfortunately, our trip was not successful as we could expect: I had to finish up my homework, the weather was cold and rainy, the ocean was like ice. I have enjoyed the trip but definitely it could be much better.

I also wanted proudly to say that last week as a President of a student organization I have organized an event (a panel discussion) with four attorneys. It took me an enormous amount of time: writing emails, setting up the date, classroom, parking. But it was rewarding. We had a great attendance, and I found speakers very interesting. Now I am considering whether I should run for the next year. I kind of liked it.

White ... Black... White... Black

Days in a law school are so different. Just yesterday I was in dispair and thought that I do not understand anything in the material, in what I read. Today I not only well understood reading, but also came up with some good ideas. I wish I had more days like today.

Monday

Today, waking up with that heavy feeling of Monday, I sat to my laptop and tried to write an email to members of my association. I did not mention before but I was elected a President of our school's association. An election was really small, so I would not call my election a big winning. But tell you the truth I enjoy to think about organization of events and simply about what a great position I am taking :-)

So I spent an hour for a couple of senteces, because I wanted to sound interesting and intelligent. As a result, after I had read my creation to my husband to check spelling and tone of the email, he said it suck. Thank you, dear, what a frustration.

The day passed with no interest -- two classes and driving home. I also tried to jog, but my injured knee said "forget it!", I cried a little, because I hate to be disabled. For a runner of almost 10 years it is like the end of my young life. Then I researched Google, and all articles say "just relax, idiot, and wait when it gets better." This is the point, because I hate to wait.

promisses

As every other semester, I begin the first week with promise to myself study hard, especially on weekends and then along the semester I do not follow my promise. Same happens to me now. This weekend I did not attend the meeting I planed for a couple of weeks, because I had decided I need to study. As a result I had been cooking for a couple of hours, then working out in gym, and then I was just lazy to do much.

Such a life.

During another minute of my procrastination I have found an interesting web site with some good advices

Law Student Division
Adviser
Time is of the essence for smart studiers
by Amy L. Jarmon
Originally published in: Student Lawyer, September 2007, Vol. 36, No. 1, All rights reserved

Time is often a law student’s enemy. We have all heard the stories. Law students lament that they sleep only five hours a night because they are constantly reading for class. They complain about frantically finishing writing assignments hours before the deadline. They consider it impossible to find time to outline, do practice questions, or review for exams.

Charles Buxton once said, “You will never find time for anything. If you want time, you must make it.” This adage is certainly true for law students who wish to succeed rather than merely survive. Proven strategies exist that make time for effective studying and still leave time for life.

How does one make time? Here are some techniques that can help you:
Realize that prior study techniques may not match the reality of successful studying for law school. Law school reading is more “dense” because it includes cases, which have a specialized language. Casebooks rarely have introductions, headings, graphics, or summaries. The volume of material covered is daunting. Many law professors guide students rather than tell them exactly what they need to know. Few law students made course outlines in college. Law school final exams focus on the application of material rather than the cases read.

Because of these differences, new strategies and regular review of material are essential. Many law students relate that they earned As in college while studying less than 15 hours per week and cramming for exams. Even those with graduate degrees remark on adjustments to law school studying. Older law students often relate that they have forgotten how to study.

Stop making “ad hoc” study decisions. Many law students decide day by day, or even hour by hour, what they will do. These law students are finding time for tasks instead of making time. They stay very busy, but most of them do not study efficiently or effectively.

Law students who are ad-hoc time managers often expand tasks into the time available (taking four hours to read what could have been read in three and a half hours). They procrastinate because they “have all day” to complete several tasks. They waste time getting ready to study. Consequently, they become focused only on reading for class. Other assignments and tasks are completed haphazardly. They grasp at shortcuts rather than more efficient and effective ways to study.
Make a weekly schedule that includes all of the study tasks for success. By having a regular routine that is modified but not reinvented, you take control of your study tasks. A full-time student will study 55–60 hours per week to complete all study tasks and prepare for exams during the entire semester. A part-time student will study 35–45 hours per week. The rewards are lower stress and guilt-free relaxation.
Critical study tasks to include are reading for class, briefing for class, reviewing before class, reviewing class notes after class, outlining, reviewing outlines, and doing practice questions. Other tasks may vary and include weekly tutoring, study groups, and extracurricular obligations. Following are the steps for making your base study schedule:

1. Make a template table for Monday through Friday with days as column headings and one-hour slots as row headings. Half-hour slots can be designated with a line dividing a slot into two parts.

2. Label time blocks specifically with the tasks. Examples: “read Income Tax,” “outline Evidence,” “review Torts notes.”

3. Include four to eight hours weekly for each project or paper course even if these tasks will start several weeks later. Any unused time initially can be allotted to other tasks or relaxation.

4. Fill in regular commitments first. These commitments may vary depending on your lifestyle. Examples: classes, tutoring sessions, morning prep time, commuting time, bedtime story for your child, church service.

5. Fill in seven to eight hours of sleep at the same time for Sunday through Thursday nights. Vary the weekend sleep cycle by two hours at the most. With more sleep, you will be more productive and retain more information.

6. Fill in a half hour per class to review your readings, briefs, and prior class notes before going to class. You will follow class discussion better, take better notes, and feel more confident.

7. Consider reading your class assignment two days beforehand. On Saturday, you read for Monday’s classes. On Sunday, you read for Tuesday’s classes. On Monday, you read for Wednesday’s classes, and so forth. Advantages of this system: you are less hurried and can learn the material rather than highlighting for later learning, you have more time to brief cases, you will be finished with the week’s reading on Wednesday, you have made time on Thursday and Friday for tasks such as outlining, reviewing, completing practice questions, and writing papers.

8. Write down an estimate for your reading/briefing time for each course for one day’s assignment. Estimate the longest time needed if your daily assignments vary in length. If your estimate is a range such as three to three and a half hours, choose the higher number.

9. Write down an estimate for your outlining time for each course for one week’s material. Estimate the longest time and take the higher number if you estimate a range. If you have no idea, include two hours per week. If you need to catch up, estimate the total time needed. Use that figure initially, and go to the lower weekly figure once you are current.

10. Fill in your reading time for each class. Choose times when you will be most alert. Consider reading for your most difficult course first so that it will not hang over you all day.

11. Fill in time for the remaining tasks: outlining, reviewing course material, working practice questions.

12. Fill in a half hour per class to review your class notes within 24 hours after class. In this time, fill in missing information and organize your notes.

13. Schedule your free time. Most law students schedule free time on Friday and Saturday nights. Choose realistic times to get up and begin studying on the weekend.

14. Add some flex hours that will not be used for studying unless you need them. Psychologically, it is easier to give up this time for study if you have already made that commitment. These flex hours allow you to reconfigure your schedule for unexpected assignments, illness, or other reasons.
Use a monthly calendar to indicate deadline dates. Set an artificial deadline two days earlier than the real deadline. An artificial deadline gives you flexibility if problems arise. Make a list of all of the small tasks to meet a deadline. For each task, estimate how long it will take you. Then, enter on the calendar the specific tasks to be accomplished each day to stay on track.

Use a prioritized daily to-do list for the specific tasks that will be completed in the time blocks designated on your weekly schedule. “Read Torts” is not specific enough. “Read Torts pages 120–148” is better. However, if you need a feeling of accomplishment, break down the assignment by cases or page numbers. Prioritize all tasks with designations that make sense to you.You will need several weeks to monitor and finalize the weekly schedule. Do not give up if things sometimes go awry.

The two-day method is easiest to start or restart on Saturday. Your law school experience will be more successful when you make time rather than find time.
Amy L. Jarmon is assistant dean for academic success programs at Texas Tech University School of Law in Lubbock.

The source is Academic Success

The last post, from Dec 16 '08, continued...

Yeah, after I have received my grades for the finals I officially pronounce -- "I was screwed!!!" Those are even worse than what I had last semester. And NO... I am not going to whine and cry (I am already over with it for the last 3 days). I am just going to say that I am a LAZY ASS!!!

Exams almost over

Well, what can I say?! I am screwed!!!

I feel like a shit

Sorry for using such words, but I feel like a shit. In a week exams will begin but I feel I know nothing. And I am the one who told that plan to get at least 2 As this semester. I hardly believe I can do it. I really really freak out. I feel like school made me even more stupid than I was.

Maybe I need to find some links on how-not-to-feel-stupid???!! :-))

Death in Wal-Mart

I didn't expect to get this

Family of man trampled to death sues Wal-Mart

so fast, but I was waiting for it. I wonder, how is it so that a family of a 34-years old employee could afford a family attorney? :) or it would be more politically correct to call him "recently acquired family attorney"?

So what do they claim? The wrongful death

The lawsuit alleges that Damour's death was caused by the "wanton disregard for
public safety and gross negligence of the defendants."

. . . Hecht [attorney] also filed a notice of claim against Nassau County to preserve the family's right to file a lawsuit against its police department.

. . . On Tuesday, lawyers said two Nassau County men who claim they were injured at the store also are suing Wal-Mart. Their lawyers also filed a notice of a $2 million claim against the Nassau County Police Department.

I think before Christmas we will see articles "Family of man trampled to death in a Wal-Mart sale settled for undisclosed amount."

Acid attacks

Westerners associate terrorism in Pakistan with suicide bombers, but the real emerging terrorist threat for Pakistani women is being disfigured by acid attacks, often by their own husbands, Nicholas D.

Watch video (the video contains graphic images).

Procrastination

While procrastinating I have found this article:

PROCRASTINATING AGAIN? HOW TO KICK THE HABIT.
ALTHOUGH BIOLOGY IS PARTLY TO BLAME FOR FOOT-DRAGGING, ANYONE CAN LEARN TO QUIT.

Raymond, a high-powered attorney, habitually put off returning important business calls and penning legal briefs, behaviors that seriously threatened his career. Raymond (not his real name) sought help from clinical psychologist William Knaus, who practices in Longmeadow, Mass. As a first step, Knaus gave Raymond a two-page synopsis of procrastination and asked him to read it “and see if the description applied.” Raymond agreed to do so on a flight to Europe. Instead he watched a movie. He next vowed to read it the first night at his hotel, but he fell asleep early. After that, each day brought something more compelling to do. In the end, Knaus calculated that the lawyer had spent 40 hours delaying a task that would have taken about two minutes to complete.

The article is really long but the end I found most useful:

In Raymond’s case, getting to the task was, indeed, the hard part. Knaus helped him to do that by first determining the reason for his instinct to delay: Raymond feared being tested on the synopsis and looking foolish. So Knaus asked him to pick the lesser of two evils, doing his work—and risking imperfection—or avoiding difficult tasks and losing his job. When Knaus put it that way, the lawyer was able to “just grind it out.” Instead of being fired, Raymond became a “superstar” at his firm.

In other words, when I have that great desire to procrastinate a little, what I need is to think about my finals and that if I do not study, I will fail.

It WORKS now!!! I go to study!

Timing is everything

I knew I will get that call from AG's office when I have already committed for summer. Yes, imagine, my summer is booked with internships in two places. All of them for free. I doubt somebody will agree to endure my silly head for more than a month and for pay.