Hello all and Anyone,
I think the question posed by Anyone's comment (see below) is: What should we study for your exam, Ms. Main? And the answer will be less than satisfying for some of you. The answer is everything you should have learned in my class. This is not the answer because I am a sadist. It is the answer because I have a very fond hope that all of you will be successful law students, and eventually successful bar candidates. Therefore, you must know "everything," whether you are tested on it or not.
I have already told you two things which are relevant: First, do not buy into predictions or someone's suggestion of what will be on a test. This goes for bar "review" professors and former students alike. Second, don't beleive your instructors if they tell you not to study something. (I related to the class last week that in Civ. Pro I got a good grade because I studied appeals even though the instructor said it would not be on the test. It showed up on question 3 and I could hear the other students moaning as they read it).
Even if I am dead bang right about what will be on MY test, I cannot tell you what will be on the bar.
So, it is best to study (and KNOW) everything. You are getting up to speed as law students but fall is very near and it only gets harder. Good habits now = good habits later = higher liklihood of ultimate success.
And that is what were shooting for, SUCCESS.
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Hard lesson learned when we accepted your lie as fact about things not being on the test...You should have said, "Don't believe me either when I tell you Partnership/Corporations will be covered in CORPORATIONS class." Anyway, I guess your life has taught you that's the best method of instruction. Sad...there are better and more honest methods. Check with Fineman about teaching skills.
ReplyDeleteClarence,
ReplyDeletePartnership and corporations were NOT on my test. Not a single question was asked regarding the particulars of these bodies of law. Rather, you were expected to know about the legal status of a corporation as an individual possessing capacity to be a principal, for purposes of determining if the corporation can be bound by the contracts entered into by its purported agent. This is the heart and soul of AGENCY law.
Likewise, you were expected to understand the legal status of an unincorporated association and of a sole proprietorship. Both of these agency issues were also examined. I will note here, because my personal integrity has been attacked by your comment, that we spoke ad nauseum about corporations’ legal existence/status, and what the analytical approach to attempts to bind a not yet existing corporation should be. I make a big deal of this AGENCY issue because it is relevant, tricky and likely to be examined by the Committee of Bar Examiners. It is also a way to test my students’ understanding of ratification.
PARTNERSHIP was not examined on my test per se, but insightful students did point out that partners’ liabilities will be joint and several, if a court were to determine that a partnership did in fact exist, where it was fairly suggested by the facts. However, you were no more expected to dissertate on this subject than you were expected to dissertate on contract law. Those students who never mentioned partnership were equally able to earn passing and even excellent grades, because partnership per se was NOT a subject of the examination.
Likewise, remedies and contracts were not on my test, nor were torts or crimes. I do not believe that anyone spotted a wills and trusts issue either.
While your unwarranted personal attack offends me, I will still fulfill my obligation as your instructor to offer a last bit of advice. The ultimate responsibility for your success is yours. You are expected to know the entirety of the subject instructed, whether the teacher instructs you on each individual bit or not. This is your responsibility because your instructors cannot possibly cover every last permutation of the subject that they instruct, in the short time they have to spend with you. And ultimately, any failure to learn the subject will also be yours.
Finally, I have the option of publishing your comment or not, as the moderator. I have published it, because your opinions and comments are your own. Best of luck with the rest of your law study.
Ms. Main