Sunday, November 1, 2009
S.O.U.N.D. Advice: Addressing Contracts Questions
1. Address first whether a valid contract was formed between the parties;
2. then address whether the contract is enforceable, including any defenses to enforceability;
3. then address whether there was a breach;
4. then address whether the non-breaching party was ready to perform at the time of the breach;
5. then address whether the breach(es) may be excused for any reason;
6. and finally address the proper remedy that may be afforded to one or more of the parties.
Monday, September 7, 2009
S.O.U.N.D. Advice for Law School, 9.8.09
Remember the mnemonic “MUFI” to retain the following causes of action that a Plaintiff may bring in the “invasion of privacy” family of torts:
o Misappropriating Plaintiff’s name or image
o Unduly publicizing Plaintiff’s private life
o False light: Placing Plaintiff in false light
o Intruding upon Plaintiff’s solitude
Sunday, August 23, 2009
Your Weekly Dose of S.O.U.N.D. Advice, 8.25.09
As you practice law school essays, diagram your issues by:
1. deconstructing the question and reading it one sentence at a time;
2. spotting all of the issues within each sentence;
3. spotting the facts or “buzz words” that go to each issue you’ve spotted;
4. and then reconstructing the question based on the issues—diagramming each issue, and including under it the facts that dealt with that issue in the question.
Remember that your professors won’t necessarily present each fact in chronological order; they won’t necessarily present each issue in the order on which they’d like you to discuss them. By deconstructing and then reconstructing the question and paying attention to which facts and “buzz words” go with each issue, you can draw up an organized diagram to help you better organize your thoughts and points.
Sunday, August 16, 2009
S.O.U.N.D. Advice for Law School, 8.15.09
Develop a time management system for yourself and learn to love it and use it. Whether it’s a diligently kept calendar, reminder messages that pop up on your email account, or a spreadsheet that keeps track of all of your commitments, you need to have a foolproof system for managing your time and your assignments. You may have gotten through college without the need to schedule and plan commitments in advance, but this isn’t the case here. In law school, you must have a continuous plan for everything you need to get done—and you must stick to that plan!
Monday, August 10, 2009
S.O.U.N.D. Advice for Law School, 8.8.09
Getting your case briefs done is a great start, but simply knowing what happened in a case is by no means enough for law school success. To succeed in law school and on the bar exam, you must be able to “see the forest from the trees:” you must recognize that each case is assigned in order to illustrate a legal concept, and that each legal concept (rule of law) you cull from a case is an important part of the black letter law you’ll have to know for your essay exams. Keep the “big picture” in mind: for each case, discern what rule of law the case illustrates and then figure out how that rule of law fits into your overall course outline.
Good Luck in the New School Year!
Remember to visit www.1LBootCamp.com for valuable law school advice.
Saturday, July 11, 2009
S.O.U.N.D. Advice for Law School, 7.13.09
The Mirror Image Rule: Under common law, if the offeree changes any of the terms of the offer in her acceptance, it is not a valid acceptance. Rather, it is a counter-offer, which the original offeror is free to accept or reject.
S.O.U.N.D. Advice for Law School, 7.6.09
Recognize that analysis is perhaps the most important component of each paragraph on each essay that you'll write in law school. Though reaching the correct conclusion on an issue may help you pick up points, so will stating and thoroughly analyzing the correct issue and the applicable principles of law—even if you didn’t reach the right answer.
Monday, June 22, 2009
S.O.U.N.D. Advice for Law School, 6.22.09
As you practice essays and continue honing your writing skills, developing reverse outlines can serve as a helpful exercise. Put simply, a reverse outline is prepared after the fact: after you’ve written an essay, you go back and outline the essay you’ve written, focusing on your writing one sentence and one paragraph at a time. Reverse outlines allow you deconstruct and then re-engineer your answers, and they help you pinpoint where your essays are disorganized or unclear. For example, you may see places where you repeat yourself unnecessarily; places where you leave out pertinent information; and places where a sentence or even an entire paragraph appear to be out-of-place.
Wednesday, June 17, 2009
S.O.U.N.D. Advice for Law School, 6.15.09
Remember the five-part test for injunctions. When analyzing whether an injunction should be granted, the court looks at the following five factors:
(1) whether there is an adequate remedy at law (meaning whether money damages would be sufficient to make the plaintiff “whole”);
(2) whether the plaintiff is likely to succeed on the merits of the case;
(3) whether there is an immediate and irreparable injury being suffered;
(4) whether the balance of the harms tip in favor of granting the injunction; and
(5) whether public policy considerations favor granting the injunction.
Saturday, June 6, 2009
S.O.U.N.D. Advice for Law School, 6.8.09
You see the following: “Seller agreed to sell Blackacre to Buyer. Buyer was to finance the purchase by giving a mortgage to Bank. Bank’s attorney asked Seller and Buyer to appear at the Registry of Deeds for the closing at a designated date and time, and they did so. At the closing, the Bank’s attorney asked Seller if he brought the deed. Seller said yes, and handed the deed to Bank’s attorney. Bank’s attorney reviewed the deed and stated that it appeared to be in order. He asked Seller to sign it, which he did, and then Bank’s attorney notarized the deed. Bank’s attorney then excused himself so he could do a final title rundown, and then record the deed. When he arrived back at the closing table 15 minutes later, he said that everything was fine, and that he had recorded the deed. Buyer neither saw nor touched the deed before it was recorded.”
You should have spotted the following issue: Whether there was valid delivery of the deed?
You should have paid attention to the following buzz words: “Buyer neither saw nor touched the deed before it was recorded.”
Another School Year Over!
Remember that S.O.U.N.D. preparation makes all the difference when it comes to academic success next year. Check out the 1L BootCamp website for information about study materials that will be released just in time for the new school year!
Sunday, May 31, 2009
S.O.U.N.D. Advice for Law School, 6.1.09
When examining the admission of statements of an accused, look for Miranda violations. Remember that Custody + Interrogation = Miranda Rights. If either custody or interrogation is lacking, then Miranda does not apply.
Saturday, May 23, 2009
S.O.U.N.D. Advice for Law School, 5.25.09
When you’re addressing a respondeat superior issue, remember that the employer’s potential liability does not mean that there isn’t a potential cause of action against the employee in negligence—there is. An agent is always liable his or her own actions, and any potential respondeat superior claims spring from those actions. So, you should discuss both potential claims in your essay answer:
· begin by addressing the employee’s underlying negligence,
· then address the employer’s potential liability under the respondeat superior doctrine.
Note, of course, that if there is no negligence by the employee, then there is no claim under respondeat superior against the employer.
Do you need to repeat yourself by listing the elements of negligence when discussing both potential issues? Probably not. If you’ve already addressed all four elements of negligence in detail in your discussion of the employee’s liability, there is no need to do the same when discussing the employer’s liability in the same essay; rather, quickly apply the law to the facts as it applies to the employer, and then conclude. Note, though, that you shouldn’t move on to an entirely new essay question and refer to your discussion of negligence in an earlier question— your knowledge of the law must come across on all applicable principles of law in every single essay you write.
Introducing the BootCamp Approach to Law School
May 14, 2009
CONTACT:
Ursula Furi-Perry, Esq.
furiperry at verizon.net
Introducing the BOOTCAMP Approach to Law School and the Bar Exam
ANDOVER, MASSACHUSETTS – The popularity of law schools is soaring, reports a recent article in the Wall Street Journal. Recent economic pressures have students turning to law school, and it’s easy to see the attraction: the Juris Doctor is a versatile advanced degree that can lead to many exciting career opportunities.
But make no mistake—law school is no easy way to weather the recession: grueling workloads, an often-competitive atmosphere, and foreign legal concepts can make law school a confusing and stressful place. And confused law students can’t turn to the case book for help—they need a concise set of study materials to help them “cut through the fat” and focus on the most important black letter law concepts they need to learn for law school exams and the bar exam.
Created by a group of law deans and law professors, the unique 1L BOOTCAMP and Bar Exam BOOTCAMP products offer a concise yet comprehensive “basic training” approach to academic success in law school and preparation for the bar exam. “We condense three years of law school into easy-to-remember expressions and mnemonics,” said Michael L. Coyne, a law school dean and co-creator of the BOOTCAMP products. “As educators, we understand effective teaching and student retention of information.”
And just what makes for effective preparation? Coyne cites five “S.O.U.N.D.” keys to success:
- Strong analytical skills
- Organization
- Understanding of the material
- Necessary and focused practice
- Definitions of key principles
“We stress the basics, focus on essential skills, and polish that knowledge through drills,” says Coyne. “The key is to know the law until it is second nature, systematically apply it, and think and write clearly and authoritatively.”
Recognizing that students need to master the same exact concepts and skills for law school as they do for the bar exam, BOOTCAMP creators have designed a line of products that emphasizes essential legal concepts from the first day forward. “Preparation for the bar examination starts on day one of law school,” explains Coyne. “From that day, there are 1,050 days to the bar examination—and as students begin their second year, they have less than 700 days to go. Every day should be used to craft a deep understanding of the law. If students work with our materials throughout law school, not only will they enjoy the preparation, but they will also gain confidence in their understanding of the law and enhance their performance on their law school examinations and the bar exam.”
The BOOTCAMP approach is an affordable alternative to pricey bar exam prep courses. With its S.O.U.N.D. self-study plan, attractively priced books and study materials, and affordable courses, the BOOTCAMP line of products offers a solution for every student’s budget. The following components comprise the BOOTCAMP family of products and review materials:
Bar Essay BOOTCAMP Intensive Essay Course
1L BOOTCAMP Law School Essay Book
Bar Exam BOOTCAMP Substantive Bar Review Book
BOOTCAMP Goodmarx
1L BOOTCAMP Substantive Law School Review Book
BOOTCAMP Flash Cards
1L BOOTCAMP: The Game
For more information about the BOOTCAMP approach to studying for law school and the bar exam, please contact Ursula Furi-Perry at furiperry at verizon.net or visit www.barexambootcamp.com and www.1lbootcamp.com
Sunday, May 17, 2009
S.O.U.N.D. Advice for Law School, 5.18.09
Consider different study materials and techniques, but ultimately DO figure out what study methods work best for YOU. It doesn’t matter what methods worked well for your classmate, your study group partner, or the lawyer who lives down the street. We all learn differently. Whether you choose to study off of your outlines, make flash cards, or use flow charts or some other study method is up to you. In fact, you’ll probably find that you’ll have to experiment with several study tools and methods before you find the one that’s the right fit. Generally, involving as many senses as possible in the learning process enhances understanding and retention—for many students, it helps to “see it, hear it, say it, and write it.”
Saturday, May 9, 2009
S.O.U.N.D. Advice for Law School 5.11.09
Read the exam carefully to spot where the offer and acceptance take place, and be able to differentiate between pre-contractual negotiations and offers. Remember: A party negotiating the terms of a contract is free to end the negotiations and not be subject to liability. Thus, a party who relies on an offer (prior to accepting the offer), or who relies on a belief that negotiations will ultimately result in a contract, has no cause of action if the offer is revoked before acceptance, or if no contract is ultimately agreed to. Some exceptions to this rule are if unjust enrichment results, or there is a misrepresentation during negotiations, or one party breaches its promise to negotiate in good faith.
Saturday, May 2, 2009
S.O.U.N.D. Advice for Law School, 5.4.09
Outcome Determinative Test: The outcome determinative test says that results in diversity suits – and for that matter, supplemental claims as well – should be the same as they would be in the state court hearing that same matter, unless there is a federal rule of civil procedure directly on point or where an important federal right is at stake.
Saturday, April 25, 2009
S.O.U.N.D. Advice for Law School, 4.27.09
Avoid “legalese” and strive to use shorter words and phrases in place of unnecessarily long ones. Also use action verbs and the active voice, which will make your writing appear stronger and more concise. In many cases, one precise word can express your meaning just as well as a lengthy term. For example:
“because” means the same as “due to the fact that;”
“except” is the same as “with the exception that;”
“determined” means the same as “made a determination that;”
“until such time as” is the same as “until.”
Simpler legal writing not only makes you sound more sophisticated, but also helps you save precious seconds when writing law school exams.
1L BOOTCAMP Authors in the News
Authors Michael Coyne and Ursula Furi-Perry were interviewed about law student ethics and professionalism in the February National Jurist
Check out the 1LBootcamp Website!
Monday, April 20, 2009
S.O.U.N.D. Advice for Law School, 4.20.09
Recognize that bar exam success starts on the first day of law school. Law school GPA directly correlates to the chances of passing the bar examination on the first try. If you haven’t done well in law school, recognize that you should start your bar preparation earlier and you will need to work harder than others who started their preparation on the first day of law school.
Need bar exam help? Visit the Bar Exam BOOTCAMP Blog for tips, advice and up-to-date news!
Online Resources for Law Students
We like the following online resources about law school:
FindLaw for Students
Law Student Suggested Sites on the ABA's Law Student Division Website
The National Jurist and Prelaw Magazine
West Law Student Resources
Equal Justice Works
Monday, April 13, 2009
S.O.U.N.D. Advice for Law School 4.13.09
On exams, state the right rule—-it may seem elementary, but it’s important. As you study for the exam, it’s important that you have memorized a short SoundByte for every major rule and element, and that you’re able to relay the rule of law on the exam correctly, effectively, and efficiently.
Saturday, April 4, 2009
S.O.U.N.D. Advice for Law School, 4.6.09
When you are taking practice exams, make sure your test-taking conditions are as close as possible to the real deal. For example, if you are a night student and your exam will be given in the evening, then you should take your practice exams at the same time. Also, time yourself on practice exams and stick to the allotted time limit in order to get accustomed to analyzing and writing under time constraints.
S.O.U.N.D. Advice for Law School, 3.30.09
Read the exam multiple times to be sure you’ve spotted all relevant issues. Read through the whole question first and circle or underline anything that presents an issue or corresponds to an issue. Then, re-read the exam one sentence at a time to ensure you haven’t missed anything else.
Ten Commandments for Academic Success in Law School
1. Show up and do the work! This may seem elementary, but it’s important nonetheless. Succeeding in law school means doing the reading, briefing, and studying that’s assigned.
2. Figure out what works for you—and stick to it. There isn’t necessarily a “right” or “wrong” way to study in law school, and different study methods work for different law students. Be it study groups or flash cards, experiment with various study methods and tools to find out what works best with your learning style. Be careful of relying too much on commercial study materials: use them as additional study tools, but don’t think they can replace studying the material on your own.
3. Learn to cull the most important information, put it into an organized format, and update regularly as you move through each semester. The cases are important because they illustrate how the black letter law plays out in different situations, but you must still learn the black letter law and how to apply it appropriately in order to succeed on your law school exams (and, ultimately, the bar exam.) Whether you use a traditional outline, flow charts, or some other method, you must learn to spot the information that’s important, create an organized method for putting that information together, and keep up with your work.
4. Hone the skills you’ll need for writing a successful law school exam. These include issue spotting skills, analytical skills, logical thinking skills, and writing skills. Learning the material is only the beginning; you must also be able to convey effectively what you’ve learned on your exams. To hone the skills you need, practice exam-taking under test conditions. Many professors post their past exams or put them on reserve at the law library; use those past exams to practice issue spotting, IRAC analysis, logical thinking, and essay writing. If your school doesn’t put past exams on reserve, then search online for sample law school examinations.
5. Develop effective and efficient study habits. At the beginning of each semester, come up with the amount of time you’ll need to spend on studying each week, then schedule in your study time, work schedule, and social activities and follow the schedule you set. Prepare for the program, the class, and the professor: different professors and different courses can require different methods of preparation, analysis, and writing. Learn to figure out what your professors expect from you (it never hurts to ask!) and prepare accordingly.
6. Take advantage of the resources that your school offers, including: writing labs; tutoring; practice exams; study sessions; guided study groups; academic workshops; and other academic and student support programs. Don’t be afraid to ask for help. Make sure you seek out additional assistance at the first sign of academic difficulty: it’s best to address academic issues as early as possible.
7. Take advantage of opportunities for practical education and experience that your law school offers. Law school teaches you to think like a lawyer—but clinical and practical programs can show you what law practice is like, provide you with great experience, and offer you a way to stand out among other candidates for employment. Seek out law student clinics, externships or internships, and student activities that introduce you to law practice.
8. Participate in class and get involved in your law school community. Professors notice students who participate freely and intelligently, and you will get more out of your law school experience if you do.
9. Beat law school burn-out. With a rigorous curriculum, grueling work schedule, and often competitive atmosphere, law school can afford few chances for work-life balance. But staying balanced is a must, in order to avoid burn-out. Learn to compartmentalize various responsibilities, be it studying, work, internships, or family time; then, prioritize and plan your schedule to handle all of your responsibilities. And make sure you make time for yourself: carve out some time for an activity that you enjoy.
10. Customize your legal education: explore various academic programs, opportunities for practical education, social and service activities, and other resources to help you find what you want to do. Following your passion is paramount. In the end, your law school experience – just like your legal career – should be about you.
Originally published by the Center for Law Student Ethics at the Massachusetts School of Law.