Outlines and Study for Finals

Okay, so my Torts outline is probably too long, but I'm working with what I got at this point. My Contracts outline is GREAT! My contracts professor is so cool. "OOOO, I'll become a suit-filer!" You had to be there. Let's just say I've never had a professor who was such a talented guitar player and entertainer!

Civil Procedure is open notes and open book. There is a measure of comfort in that, but the standard is way high for that one.

Property. We'll see how that goes.

I think I understand what the professors will be testing us on. The issue is whether I'll remember all the nuances of the various concepts. For instance, in Torts, the essay question will most likely be about negligence and we'll have to write about duty, breach, cause in fact, proximate cause and damages. But, I'm sure our professor will throw some glitch in that will help the curve work. On the other hand, he'll want us to analyze every issue, so it's not like we'll be able to say there was no duty because that would mean we wouldn't need to analyze the other areas of a negligence claim. (That no duty thing would be a good counterargument.) I'm rambling, but my point is that the professors want us to show our understanding of certain principles, so that's why I'm almost positive the Torts essay will include negligence somehow.

I have an idea what the other classes will test us on in the essays. I started to write it all out, but I guess I'll keep my ideas to myself on that one. In any event, it's pretty obvious in each class what the essays will likely be about.

Memo Madness

It was difficult, but I got my memo within the page limits. I thought I started working on it early enough, but I wish I had another day to look at it.

Now I can focus on my doctrinal courses and prepare for finals. Torts is first on Monday, Dec. 5, Civil Procedure, Dec. 9, Property, Dec. 12, and Contracts, December 15. As my friend Kim Kossie would say, "Those who know the words of prayer, pray for me."

For the first time in the entire semester, I did not prepare for Contracts. That memo had me so strung out. I like Contracts, so I will definitely read the cases instead of relying on briefs. I'm disappointed because I'd gotten into the practice of doing all my contracts reading over the weekend. I don't know why it bothers me since we only have one more set of reading to do. Oh, well.

Draft One Complete

I finally finished my first draft. I'd hoped to get it completed last night. Now I'll continue to edit it until it reaches "memo perfection." I actually found an example from the class that helped me better organize my arguments. It's a shame I didn't connect all those class assignments to my memo writing. If I had paid more attention, maybe I would have done better on memo 2.

In any event, I feel like I've accomplished something. Now I just have to get it within the page limits. My professor requires a 15-page limit, but some of the other writing professors are more lenient apparently.

Memo Fatigue

I'm plugging away at memo 3. I didn't meet my goal to have a completed draft by Friday. I think I'll have a draft today and be able to edit tonight and tomorrow. It's due Monday at 1:30 p.m. Even though it's a difficult process, I 'm enjoying it because every sentence is a challenge to analyze and write clearly.

When I get the urge to go off on a tangent of poetic prose, I may free flow write or think for a while until I get some phrase that was trying to burst forth. If the phrase fits, I use it. If it doesn't, I have to discard it as useless.

Writing is difficult. This stuff ain't easy.

Bogged Down

I find myself wasting way too much time surfing the net or just day dreaming. My brain must be on some kind of protest. Tonight, I'm going to try a change of location and see if that works. Even though my mind doesn't want to process any more information, I can't opt out of studying because there's just too much work to do.

The schedule for this week is helpful because we don't have our writing class on Wednesday or our Torts class on Friday. That leaves Friday totally free and I hope to get a lot of work done then. I'll probably use most of the extra time to work on memo 3.

People

One of my first college type experiences was when I went to the "Honors Colloquium" at UT while I was still in high school. I think this was UT's way of getting some of the top students in the state together to recruit as many as possible to UT. I had done pretty well on the PSAT and was targeted by a bunch of schools, but no school recruited me like UT did.

Well at the honors colloquium, we had plenty of time in the schedule to socialize, and at one point a bunch of students ended up in a small room, I think it was a dorm room in Jester and it was pretty crowded. I was talking to the person next to me and paused to let them get a word in when I realized that everyone in the room was talking at one time. No one was really listening at all.

My best friend and I have a saying, "I talk a lot because I have something to say." I contrast this saying with the grandma wit, "Ever wonder why God gave you two ears and one mouth?" As much as I like to talk, I'm trying to learn to listen more. I find that my classmates have pretty neat stories of their own to tell. Before my first year is over, I want to find the student who seems to be the most different than I am and get them to tell me their story.

Memos

I think I've finished my second law school memo. I could edit the thing all night, but now that I'm within the page requirements, I'm ready to let it go. I thought about applying some of my graphic design tricks to make the thing fit, but it was much more rewarding to actually cut out words and agonize over sentence structure than to cheat with letter spacing and other secrets of the design world.

I'm thinking about turning it in tonight. It's probably wise to keep it and look it over at least one more time. I've wasted two dollars printing it out twice in the computer lab. Each time I was unable to edit the hard copy. I know that's exactly what I need to do at least once, so I'll probably spend another dollar on printing. My home printer doesn't have ink and who has time to go buy more? I still have to read for CivPro and Property!

Overload

When I find myself goofing off during the time I set aside to study, I recognize this as brain overload. It's like my mind is saying "No more right now!" I really don't have time for this kind of rebellion. Sometimes I'm able to press on anyway, and sometimes if I provide a little distraction for the capricious side of me, I'm able to get back to the business at hand. This is hard work. There is so much to do. I recognize the need to relax and replenish. But I still have to get the memo written. I still have to read and brief all those cases. I still have to try to understand it all even after all the work is done. It's challenging, but I'm having the time of my life!

Happy Birthday to me

My birthday is tomorrow. When I was little, I used to have these big birthday parties and invite my whole class to my house. One time I forgot to tell my mom and she came home to a bunch of elementary school kids running around in and out of her house. She was a good sport and went to the store to buy a cake and food for my party! I won't be having a party this year because I haven't had time to do the necessary planning. I don't think my mom would go for it if I just invited a bunch of people over like I did when I was little. I'll just spend the day with my kids and get them to sing "Happy Birthday" to me all day.

Reasonable Minds Differ

The phrase “reasonable minds may differ” is used often, but whose reasonable minds are they talking about? Historically they certainly were not talking about the reasonable minds of folk who look like me because what my fore-mothers considered reasonable was certainly not contained in the American law of their day.

Wonderful

This is a wonderful time in my life. I'm sure I've mentioned how much I love to learn. There is always something new to learn, and the process is great.

I can see how being older is very helpful because for one thing, I don't have a problem with being wrong. I can remember being either a senior in college or a very recent graduate. I had volunteered to do a newsletter for a church and was devastated when the pastor had a bunch of changes and dared to correct my typos! I have come a long way from that bright-eyed, know-it-all. Growth is good.

My point is that when you are in law school, so many things you thought you knew are challenged on levels you would never think about. I actually like this process. I like having my understanding of fundamental principles challenged and in rare cases, affirmed. In most cases, I'm learning about fundamental principles that I never even considered.

I've shared about my personal family struggles to some extent because I want to make the point that when you embark on something challenging like law school, things may happen that could cause you to totally lose focus. It may be true that some things can be so devastating that you may have to withdraw from school. However, it is possible to continue even in the midst of a crisis. I spoke to a couple of deans and one of my professors (because I missed one of his classes) about my situation, and the support I received was genuine and understanding.

So, although this is one of the most challenging times in my life on a personal and academic level, it is also a most wonderful time. What doesn't destroy you can only make you stronger.

Contracts is Coming Along

I'm finally having those "aha, oh, I get it" moments in Contracts. That's probably a good thing because we're still at the beginning stages of this thing. Now if I can just build on this elementary understanding and make it all continue to fit together, I'll be okay, I think.

I had been using the closed study rooms because of the hard family stuff I'm going through. Right now I can't guarantee that I won't burst into tears at any moment. This morning I set up in the common study area, and sure enough, the tears started flowing. Fortunately, there weren't many students in the library between 8 and 9 a.m. this morning. Generally, I'm okay. This law stuff is really helping me get through this time because I have to spend a lot of time and energy thinking about contracts, torts, property, legal research, writing and analysis. Who would have thought law school could also be good, active therapy?

That's not to say I'm suppressing stuff or ignoring issues. I'm fully dealing with everything to the full extent the law will allow! However, I think it's important for me to continue with this law school endeavor for my family and for myself. I'm sure the crap that happened was supposed to test my stability and resolve. I may look like a mess when I'm crying over a casebook, but I won't stop reading through the tears.

Stormy Distractions

What happened to my flow? I'm quite distracted by this current storm. I have more than a few friends and family in Houston. Some are already evacuating, and those who are staying don't live in flood zones.

Fortunately, my study scheme has me a little ahead in my reading. I've found it helpful to have time to ruminate over cases and other material. I don't pick up on all the nuances the first time I read some cases. In Torts and Contracts, the cases seem to be generally understandable. However, the problems and discussions after the cases cause me to go back and question my understanding.

In class, when the professor calls on a student and the student knows the answers, not only is this not exciting, I don't learn as much. When the professor has to ask a spiral of questions to get the student to the point, I'm able to gain a better understanding even if I know the answer outright. This spiral of questions causes me to look at the concept from different perspectives.

On another note, anyone interested in seeing or using the PrepPlan can acces it by clicking here. It's just a Word document you can modify for your own purposes. If you have trouble with the link and you want the document, just let me know and I'll email it to you.

An Ode to Torts

I am really enjoying Torts. The professor is cool, the book is understandable, and although everything is not simple, the concepts are certainly easier to grasp than the abstract ideas of property law where everything is steeped in some mysterious European history.

We got some feedback on our Memo 1 writing assignment. I was not surprised by the comments on my first submission. The suggestions were very helpful, and thankfully, the professor liked some things about my thesis paragraph and rule statement. I don't assume that because I'm a writer, I will do well on writing assignments. My strategy is to follow the directions as closely as possible and avoid my usual wordiness and entertaining style (heehee).

I feel like I'm in a zone, on a certain rhythm. I love to read, to study, to write, to change diapers (yeah, right! Thank God for grannys and aunts and cousins), to oversee first grade homework, to go to the school book fair late but not too late to buy the books on my daughters wishlist. Children are a joy. Law school is a challenge. And, it's all very wonderful.

Exhaustion

I am so exhausted right now, but there is so much work to do. After spending some time with my children, I was able to complete another citation exercise online. I think I'll be able to accomplish a little more before I call it a night.

Thanks for your feedback. It's encouraging to know that someone is being helped by these entries. When it comes to this blawg, I have a serious mission to encourage any woman who is thinking about law school to pursue it. Of course, as a black woman, I have a particular message of encouragement and recruitment for my "sista's." On the other hand, in the last three weeks, I have experienced a wonderful time of bonding with my sisters of all colors. I've also become friends with some of my classmates who are white men, and their stories are varied and colorful.

I must admit that I am disappointed with the very low number of black and hispanic men (and women for that matter) at the law school. I'm sure the recruitment office is working to increase these numbers, but looking at the photos of previous classes, it seems that the numbers for "minority" students have dwindled over the years. Most people say that this happens when a school raises their standards, but I'm a firm believer that there are always good "minorities" to recruit. Generally, the key is to employ effective recruitment and outreach efforts and to fund scholarships. (I worked in various recruitment offices at UT Austin. I've seen money talk!)

Wow, this has energized me! I think I can get a little more reading and briefing done.

Gotta Be Real

Besides my father still being in the hospital, I'm dealing with another pressing family crisis. And yet, I am in the library. According to one of the lawyers I spoke to before entering this endeavor, life's inevitable troubles will seem to be working against you as a law student. That is why it is so important to have family support, even if you are single and straight out of undergraduate work. Anything can happen, and if you are hit with some major life challenge while you are in law school, it can be enourmously difficult to juggle everything and continue reading, briefing, outlining and learning.

So, I'm in the library. With all that is going on, here I sit focused on the current task which is to prepare for tomorrow's Civil Procedure and Property classes.

Labor Day

For the past week, I've been able to get in a lot of library time. My father had open heart surgery in Dallas and my mom is there with him. He is recovering well, but we don't know when he'll be back home. My sister came to stay in the house with me and my children. She has three daughters. A set of twins, 15 and a 17-year-old. They're great girls. My sister and my neices love my children, so I have to stand in line to get some time in with them. To add to that, my sister-in-law came to get the kids on Saturday, and they've actually been with her all weekend. So, that's why I've been able to get a lot of library time in!

Family support is probably the most important aspect of surviving law school when you have children. When I was married, I was very committed to being available to my children. I was an at-home mom much of the time, and I loved the experience. But even as an at-home mom, I was always active with my pursuits. I wrote a novel, had a cookie business and maintained my graphic design and consulting business all the while. I still was able to spend a lot of time with my daughter because I controlled my own schedule, and she could be with me in all those activities.

Now, the difference is that I am actually away from them most of the day during the week. I pick one day a week to have off, and that is when I spend uninterrupted time with them. Even though no one in my family can take my place, their presence and support has been priceless.

Today, I'm studying at home because the library is not open. Right now I'm working on my Torts reading and briefing assignments.

I'm really encouraged by the emails I get from people who read this and my diary on the official Texas Wesleay Law (www.law.txwes.edu) web site. As much as I'm encouraging to you, you are encouraging to me! Thanks.

Pressing Forward

I wept at the devastation in New Orleans, even as I continued to study and prepare for classes last week. I know everyone will be doing what they can to help the victims of the natural disaster as well as the unnatural disaster of the slow response that followed.

My PrePlan is serving me very well. Being able to see all my assignments in one place helps me keep a handle on things. If I feel a panic going on and I can look at the plan and see that I am accomplishing things, pretty much on schedule.

Although there is always a lot of reading, the cases are interesting. I'm learning to read the cases for the correct reasons. Each class has a particular doctrine you're supposed to learn, so a case may have many issues, but if I'm in Civil Procedure, the professor is only interested in my grasping the procedural question at hand. The same is true in my other classes. The funny thing about it is that your mind will still synthesize what you're learning in other classes, and I suppose this is the whole point. They break down all the doctrinal law issues so you can get a grasp on the points of law. Once you get into practice, you have to be able to bring out all the various issues in a case, whether they be tort, criminal, procedural, property rights, etc. Of course, as a lawyer you would specialize in a particular area, but it's important to be able to advise a client on general issues of law, especially if they will need to go to a different type of lawyer for other issues.

I'll update this blawg more often, but you can find an "official" diary at www.law.txwes.edu. Just click on the link at the bottom right for the diary of a first year law student.

The Inevitable

I can't believe it happened on the first day! Now, remember, I have been preparing for class since before orientation. I did all the orientation assignments and then started reading all the first chapters of the books to get a feel for the subjects. I even read the entire Legal Research Suvival Manual. I just knew I was prepared! And then it happened.

The professor asked us to pull out our briefs* on a certain case and I just couldn't believe what was happening to me. All I could pull out was some other work I had done for the class. But he must have told us to brief this particualar case because everyone else pulled out their beautifully typed briefs with all the right headings or their thoughtful hand written analysis. My mind was spinning. What to do? As the professor passed by glancing at everyone's work, he gracefully moved past my flurry of notebook pages to the next person, giving out encouraging words about the neatness and thoroughness of all the other students work.

What happened? How did I just totally miss an assignment? And on the first day?

The short answer is that I was just overexcited and didn't write down the assignment when it was given. When I looked back over all the things I did since Friday, I remembered reading and repeatedly pulling out the case which was handed to us in our Friday orientation session. (I could claim fatigue, but everyone else had been there all day, too.)

To make my blunder worse, the professor had made a pretty big deal out of the case by showing us the opening scene of a famous law school movie dealing with the case. How could I forget to brief it? I don't know, but I certainly should have asked one of my classmates what we were supposed to do with the case. All I did was read it and put it back in my notebook after thinking "They sure used a bunch of strange legal terms back in the '20s. I'm glad I don't have to figure all this stuff out right now. Maybe the professor will explain what it all means in class."

And of course, I was called on in class, but the answer was easy mainly because it was set in a paragraph all alone. What was the holding of the court?

Lessons learned? Right down all assignments and ask a classmate (or even the professor) when I'm not sure about an assignment.

So even though I briefed the case during the class discussion of the case and even though the professor gave us a book-briefed version of the case, I still came home and briefed the case.

*A brief of a case in law school is a "written synopsis of the important points of the case." Helene S. Shapo et al., Writing and Analysis in the Law (4th ed. 2003). [I hope this cite is right.]

And They're Off

I am at the law school anticipating my very first law school class. Technically, we had a session in Legal Analysis, Research and Writing on Friday, but it was during orientation and was more like an introduction to the class. The professor seems to be very good, and I love his speaking style.

One of the the things I like about an academic environment is that everyone is so sincere in their quest for knowledge and understanding. The level or intensity of the commitment varies due to people's age, maturity or other variables, but in general, everyone wants to learn, everyone wants to "get it."

My undergraduate experience at the University of Texas at Austin taught me to navigate a large system and not be too intimidated by large crowds, aloof professors, and loads of information. I think I'm experiencing a healty level of intimidation, but more so, I am awed by the legal profession and am very grateful that I have this opportunity to be initiated into this amazing area of study.

It's not that I don't have experience working with lawyers. I just worked for one who is a graduate of this school. In my career, I worked with many Texas judges as a communications director at the Texas Center for the Judiciary. I also worked with the legal departments at the Texas Council on Family Violence and Catholic Charities in Houston. However, in the past, I was a regular citizen, a civilian who could take things lightly. Someone in orientation told us that she believes the chemical make-up of our brains actually changes after going through the rigors of the study of law. We will see.