Monday, October 26, 2015

Do you accept?

As I mentioned in a previous post, a contract is a multi-elemental legal term for something most people would find a short, simple definition for. Now we already covered the start of a contract in a very concise lesson, so let's move to step two of this contract process.

With every offer, there either is or isn't an acceptance. Seems simple enough, right? Of course it isn't though in the land of law school.


By law (or again, at least in Professor Sorensen's words), an acceptance is defined as the manifestation of assent by the offeree to an offer, made in the mode/manner/medium allowed or required by the offer. In other words, an acceptance is an expression through either a returned promise or performance to show that the offer is agreed upon in the specified mode/manner/medium that is stated by the offeror. An acceptance mus be responsive, communicated, and committed.

Wednesday, October 21, 2015

What is a Contract?

Did they have a contract? Was the contract breached? These seemed like such a quick and easy questions to answer prior to starting law school. Over the last few weeks I have spent my time learning that these questions are too broad and have so many elements that need to be considered.

A contract is defined by law (or as defined by Professor Sorensen) as an agreement, the promises in which the law recognizes. One may believe that this definition is enough to determine whether two parties actually have a contract. You would be mistaken, because I did think this would be enough. Instead, there are elements that must be met in order to determine if there is a contract. 

Offer + Acceptance + [Consideration (usually)] +  [In Writing (sometimes)] = a Contract


Let's take today to just look at one of the first elements; offer. An offer is a proposal for an agreement, which always includes a promise by the offeror, and requests a return promise or performance by offeree to seal the agreement. 

Friday, October 16, 2015

Free Time

Free time. This seems like words spoken in a different language. Seriously, I don't speak normal human anymore. Free time doesn't usually occur in a law student's life. This is especially true when said law student is a mother of three, passionately creative, and a modern day housewife. Class was cancelled today.  I knew this in advance. Property law was cancelled today because our professor had to go to a conference of some sort.

Now, the smart thing (maybe not smart for your personal health but in order to get ahead or cram in more information) to do would be to study. However, as a student taking 5 classes (6 if you include the mandatory intro to law), a free day is needed.

Sidebar: What's this free day you speak of???

Thursday, October 15, 2015

Study Tip #1; Leave the kids at home!

As a mom of three little ones, doing anything alone is near impossible. I share my food, drinks, lap, and bathroom time (yes, mom's around the nation will understand that motherhood means no privacy). As a law student, studying is a necessity. This isn't like my undergrad people where you don't REALLY have to remember what you're learning. Studying with kids? Not an easy feat.


I have been asked numerous times how I get things done. Sometimes I reply that I don't know or that I don't sleep. To be honest, those are truthful answers. I don't give those answers to be funny (although it is somewhat humorous). I really don't know where the time comes from, how I can survive most days with 2-3 hours of sleep (this has been beneficial throughout motherhood), or how I can function with everything that is going on.

I have always been this way. I have never needed a lot of sleep (my poor mother). I have always enjoyed being busy and don't really know what to do with myself when I am not busy (hence the reason I find time to blog). I really don't know how I retain the information that I do. All I know is that I enjoy being busy nearly every second of the day, I don't know what to do with free time (I turned my free time in the pas into a business venture of selling knitted products), and I wouldn't change the hectic pace my life has always assumed. I am guessing that this will be beneficial when I am actually a lawyer, although I don't think that you can put on a resume that you possess the skill of not needing a lot of sleep.

Wednesday, October 14, 2015

Preparation

With mid-term exams occurring this week and over the course of the next few weeks, preparation is something we are all faced with. Are we prepared? Are we prepared enough? How can we effectively and efficiently prepare for thee exams? These are all questions that will never truly know the answers for until AFTER our exams. While I could feel completely prepared for an exam, I could actually be completely clueless (let's hope this is not the case).

Sidebar: Can I ask why we don't have ALL of our midterm exams MIDTERM? I have 2 next week and 1 in week 9. While most people may enjoy not having to study for EVERY class's exam in one week, I would prefer it.

Tuesday, October 13, 2015

Flashcards: IN THAA FAAACE!!

Today was the first midterm of my law career and it was for my criminal law class. As I said before, I felt strangely prepared and not at all stressed. This changed about 10 minutes before it was test time. While I felt I was adequately prepared and studied a good amount of time, I was instantly nervous. Now this exam is only worth 10% of my final grade, so it isn't a make or break grade, but it is still a midterm and 10% is still a big portion of my grade. Even as we sat in our class before the class had even started, I was one of the few people that wasn't still cramming in a bit of extra information. I actually looked at Justine and said, "I wasn't nervous, but all of a sudden I am starting to think that maybe I could have studied a bit longer." She said she was thinking the same thing. Now with the nerves settling in, I was immediately trying to recall every bit of information that had been taught to me over the past 5 weeks.

We were given 60 minutes (a REALLY long time for someone like me who gets done quickly and then can spend the rest of the time second guessing then second guessing my second guesses). I feel that I did pretty well, but I guess we will see when grades come back tomorrow (or whenever they are posted after KP grades them tonight and tomorrow).

I know that you are thinking, "Hey there, I thought this post was going to be about flashcards like your title says." And if you weren't thinking that, you may be double checking the title and now thinking this. I am getting there. After our tests were done, we spent the next hour going over our week 6 flashcards. Holly, my go-to partner for flashcards, and I have a bit of a different view on the flashcards. And I truly do mean just a bit. While she does not like the flashcards (it may even be hatred) because that is not at all how she learns, to me the flashcards help me memorize the definitions but nothing more. Now with that being said, we both find outlines a lot easier to follow and help us to learn, organize, and be able to apply the concepts our flashcards are demanding we learn verbatim.

Friday, October 9, 2015

Midterms

MIDTERMS!! Is that even possible?! Didn't I JUST get done with orientation?! I knew that this day would get here, but I wasn't quite prepared for it to happen so soon. These past 5 weeks have flown by! With that being said, and the nerves and dread apparent, I am feeling prepared. I only have midterms in 3 of my 5 (6 if you include Intro to Law) classes next week. I have another on week 7 and the last in week 9. My exams are in Criminal Law, Contracts, and Torts. Again, I am weirdly feeling prepared. You would think that this feeling of preparedness would make me also feel at ease. It does not. I actually am really worried that even though I feel pretty prepared, I am not. I guess I won't truly know this until the time comes, or I get my grades back. Let's look at my first course up for examination first; Criminal Law.

Tuesday, October 6, 2015

Intent: It's Everywhere!

I went in to law school with a pretty extensive vocabulary. I mean, we took a vocabulary/comprehension test at orientation and I scored in the 99th percentile for both. I'd say that vocabulary is not, nor has it ever been, a weakness of mine. Now with that being said, I now suffer from law-school-vocabitis. This disorder is defined as the confusion instilled in one's self based on words no longer meaning what you thought they meant. I am pretty sure that anyone in my class can relate or even now give a name to their own disorder.

Now, while most words that I am finding myself stumble on have completely different legal meanings than I have grown accustomed to knowing (apprehension, am I right Holly?), others are similar but used more extensively and are weighted differently. Let's look at the word intent. Merriam Webster's Dictionary defines intent as: 

1
a :  the act or fact of intending :  purposeespecially :  the design or purpose to commit a wrongful or criminal act <admitted wounding him with intent>
b :  the state of mind with which an act is done :  volition
2
:  a usually clearly formulated or planned intention :  aim <the director's intent>
Sidenote: KP would utterly hate this definition seeing as they used the word being defined in different forms IN the definition itself!

Black's Law Dictionary (seriously one of my smartest purchases to date, especially when it was for a book that wasn't a requirement) has a much larger definition for intent. This is because it does not JUST define this small word, but also defines the word in different settings. For example, intent is defined as:

Monday, October 5, 2015

Time Management: an Exercise in Futility

Managing time is an art. It takes skill, organization, and time in and of itself. It can make or break success. This is especially true in law school. It has been stressed so strongly to my fellow 1L-ers and me, I can almost guarantee, since before we even began our law school career. I have always been someone who carries around a planner with a complete account of what is coming up. This has usually consisted solely of doctor appointments for my family, important dates like birthdays, and different possible events that are going on in our community that may be of interest to us. I learned quickly that the small planner I was used to carrying would not be sufficient for my current responsibilities and staying sane keeping organized. I am now that person who has a total of two paper calendars, a schedule book, my Google calendar, and whiteboard calendar going concurrently in order to keep track of everything.

I have used my Google calendar for a couple years now in order to keep track of my husband's work schedule, due dates for bills with their amounts (or for some approximate amounts), payday, birthdays, and with a few calendars synced from outside sources (Patriots schedule being one). I use this as my personal calendar so I can make plans with others without having conflicts with work/school/appt schedules with notifications for things upcoming right in my pocket. It has been a life saver for my sanity, my organization, and helps me avoid double booking.

I then still used a small planner in my purse that allows me to mark days at a glance that are unavailable for further plans. It is a quick reference when scheduling things, planning things for the future, but doesn't really provide too much detail. I simply cross off days that are completely unavailable and mark the calendar accordingly for those days that are partially unavailable. I then have a larger calendar that has every one's schedule written out with more detail, such as times and places. This calendar is in my family binder that is supposed to have has all of our family emergency information, menu plans, and other odds and ends to keep our household organized.

Sunday, October 4, 2015

No Turning Back

At a mere 11 years old, I knew what I wanted to be when I grew up. I knew that I wanted to be in a powerful career that would give me the opportunity to make a good living. At 11, that was so I could pay for a Volkswagon Beetle Bug in every possible color and a zillion dogs. While my views on what I hope to obtain from my career have changed drastically, the dream job is still the same and in fact has not ever wavered from that decision. I wanted to be a lawyer. When I first heard that it was a challenging career option and difficult to get through the schooling, I knew that this was where my destiny lied. I love to be challenged and have loved being so for as long as I can remember. 

LAW SCHOOL. As I neared this chapter in my life, this amazing opportunity started to look more daunting and terrifying than it ever looked fun and challenging. I was getting nervous everyday that passed that brought me closer to that first day of class. Hell, I was terrified to step foot into orientation. 

Sidenote: I had to read and do homework before I was even in an actual classroom. I was expected to brief two different cases, work on professionalism problems, and complete all the necessary forms that were required for me to begin my classes. I had NEVER briefed a case before. I had NEVER had to read a few chapters of books for orientation. I knew that this amount of work in order to start school was only a brief example of the amount of work that would be required to succeed in law school.