|
That is, within the lfe of someone then living plus 20 years, isn't that it? Boy its hard to remember that crap. And of course you must distinguish between leaping and springing remainders, with one considered vested and the other not vested, and then there are the exceptions to the exceptions. I beleive that a New Jersey legal malpractice case once held that its not malpractice to get the rule against perpetuities wrong because noone knows it anyway.
Get out while you can.
Advice for those about to enter law school:
Don't beleive the hype. Its not so hard, don't get caught up in the self promoting dramatics of most law students. Just about noone flunks out. Law students just like to hype up how hard it is so they seem ever so wonderful for having endured it, exactly the same dynamic as any other hazing ritual, such as marine boot camp.
It takes many more hours of real study than undergrad, but its still way less work than an actual full time job. Unless you count all the time you spend bitching and complaining with your study group or hanging around the library socializing, then you rack up a lot of hours. Night students with jobs and families avoid those time wasters and seem to do well enough.
All it really takes is being able to read and write, thats all you need to be able to do, read, understand, and analyze, and write with clarity.
English majors do well because they already know that its not about being "right," its about having a rational, defensible position and putting it forward and defending it clearly. If you are hung up on being "right," you will be emotionally devastated when you trot out your "right" answer and the professor destroys it.
Remember that just because they are judges does not make them "right," and remember when briefing cases to understand both sides of the argument, for and against, and not just the one the court agreed with, and you will be a star.
Using canned briefs is asking to get drilled by the professor. Look at it this way, if you were a professor wouldn't you think it was fun to get the fake book and prepare devastating refutations of the canned briefs, just so you can enjoy the stricken look on the student's face and have another opportunity to use that stupid line from The Paper Chase about calling your mother? (What were those books called, "Gilberts?")
If you have time, go find the case in the reporter and read the un-edited version, they usually make much more sense then the edited version in the casebook. Having more facts at hand will impress the prof, but he or she will still refute you, so don't ever feel invincible. I sometimes think casebook editors purposely cut out important information just to make it easier for the professor to cut you down, he or she knows more than you that way.
Its not that you are learning to "think like a lawyer," its learning to think at all, and do so logically and clearly. I say that to try to demystify it.
|