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How a Law Case Title Tells You More Than You May Think

From Shelley’s Case

This might be helpful for the 1L’s, thought most of you probably knew this already.

Jane Doe v. John Doe
(Plaintiff versus Defendant)
This is the classic case name in civil suits.

In re Doe
These are judicial proceedings where there is no adversarial parties. Usually used for bankruptcy, contempt, disbarment, guardianship, and probate proceedings.

Ex parte Doe
These are special proceedings in which a court communicates with a particular party.

State ex rel. Jane Doe v. John Doe
These are cases relating to extraordinary legal remedies.

Jane Doe v. Alfred Gonzales
The 11th Amendment provides that citizens may not sue states in federal courts. Thus, instead of naming a state, you have to name the head of the state or agency you are suing in a civil case.

The Commonwealth of Virginia v. Jane Doe
This is a criminal case in which a state brings suit against an individual, Jane Doe.

How Not To Be a Douchebag Your First Year of Law School

From Mike:

We have been getting lots of requests lately from anxious 1Ls-to-be, asking for advice on a variety of topics, from “how close should I live to school” to “what is the best method to highlight my casebooks”. My advice to them is not nearly as narrow as their questions. Simply put, I tell them not to go. Sadly, these folks don’t realize that if they are asking me for law school advice, things probably aren’t going to work out quite like they hope. But if they refuse to listen to me, and insist on starting school in the fall, I will dispense one crucial piece of advice: Don’t be a douchebag. Here’s how:

1. Don’t ask random bloggers about how to highlight your casebooks.

2. Don’t be the person at orientation talking about how you have already done the reading for the first day.

3. Actually, don’t read for the first day of class before orientation starts.

4. Don’t make a color coded graph of when you are going to study and for what. And if you do, please, don’t share it with other people. (Seriously, I actually was subjected to a detailed explanation of someone’s study plan at orientation.)

5. The following words should never leave your mouth: “I pulled an all-nighter at the library”; “I started outlining after the first week”; “I started outlining after the first month”; “I started outlining before Thanksgiving Break”; “My outline is longer than yours.”

6. Don’t announce your intentions to be on Law Review, even if it’s the one goal that would make your life complete.

7. And don’t “coincidently” buddy up to 2Ls on Law Review either. Your intentions couldn’t be more obvious if you sent them a dozen roses and a pair of your underwear.

8. Don’t go introduce yourself to your professors. They don’t care who you are, nor should you want them to know who you are.

9. Don’t wear work clothes to school unless you either just came from work or are going directly to work. No one is impressed.

10. Unless you have had major surgery on your back, do not buy a rolling book suitcase thing. If you can’t carry your books on your back, hit the gym.

11. Don’t have a douchebaggy name like Jordon, Jacob, Moiz, Kyle, or Ethan. Seriously consider a name change.

12. Don’t email us and announce your intentions to start a blog and become our successors. If we had a dollar for every time someone did this, we’d have enough to buy one of each item on the McDonald’s Extra Value menu.

13. Don’t brag about having lunch with your professor.

14. In fact, don’t have lunch with professors.

15. Don’t raise your hand and arrogantly give the professor an answer. You came here to learn the law, don’t act like you already know it.

16. Don’t wear your fraternity shirts to law school. I don’t care how great your Kappa Sigma Fall 2004 Annual Moonlight Semiformal Barn Dance was; now you just look like a tool.

17. Do not refer to books like One L, or Law School Confidential for guidance. Even if you have read these books, never ever, when a situation arises, say “Well, in One L, Turow says…”

18. Do not, under any circumstances, raise your hand when there are five minutes or fewer left in class. And if someone who routinely does this should happen to get struck by a car, his classmates cannot be blamed if they don’t rush to his aid.

19. BarBri will try to get you to reserve your seat as a 1L. Keep walking. It’s probably a good idea to make sure you can pass first year classes before you start worrying about the bar exam.

20. Finally, don’t be the person that schleps the Westlaw water bottles the size of a big gulp around all the time, and causes a huge backup at the water fountain because it takes seven minutes to fill. Just because it’s free doesn’t mean you have to use it. Save a shred of dignity.

Two Rules For Less Stress and Worry in Your First Year of Law School

From Taco John:

I have two basic rules for getting through the first year of law school with as little stress and worry as possible:

If you know 100% that you want to be a lawyer and hate school, then by all means, focus on the job search. Involve yourself with internships, clinics, practicums, etc. But if you find that you enjoy learning about the law, questioning things, figuring out the nooks and cranies of something that is mind-bogglingly complex, then don’t let jobs, employers, and especially the law school administration tear you away from that.

  1. If it feels good, do it.
  2. If it feels wrong, stop and think about it.

The first rule does not mean give into every little bit of pleasure that comes your way. It means that if your gut is saying what you’re doing is the right thing, it’s much more likely to be right than the nagging voice of worry in your head. If deep down you feel like joining a study group would be worthless but the little worrying Spidey-Sense we all have is tingling, tell it to shut up.

The second rule means that if you are doing something, and it’s satisfying the little voice but your gut doesn’t seem to like it, step back. For instance, you’ve been slaving over an outline, based on what a professor says your outline should look like, but your gut keeps telling you “Every time we go over this again, you can’t remember anything. You’re not learning.” The little voice is probably saying “Yes, exactly what the professor said. More work!” Trust your gut. Stop working on it. Review it, and ask yourself how you can change what you’re doing to learn better.

Remember this at all times, especially in the beginning: you’re very successful. About 1% of Americans will get any type of professional degree. If you’re in law school, you have excelled in school for at least 16 years (assuming you didn’t skip grades). Law school is not fundamentally different from other types of school. Do not get suckered into thinking you need to start over and rethink everything you’ve ever done. Do not reinvent the wheel unless you’re 100% positive that it’s broken. Law school is harder than college, and the work is different, but at the end of the day, it’s still school. If you never took notes in class, and preferred to just sit there and listen, just writing a couple things down over the course of an hour lecture, do not let the constant typing in a law school classroom get to you. It is true that very few people’s study habits in law school are “good enough.” But that refers to quantity much more than quality. “Not good enough” does not mean “wrong.” Some people do have terrible study habits, and will need to change what they were doing. You can be successful in school using smoke and mirrors. I should know, I did it for a long time. Luckily for me, high school was the wake-up call, long before law school. But don’t let people trick you into thinking that your past experience means nothing once you step into a law school. It’s true, you won’t know what you’re doing or how to do it, but you’re a lot closer than you think.

All of this holds true for exams. I read Getting to Maybe: How to Excel on Law School Exams and found it very helpful. As always, your results may vary. Law school exams will likely be unlike anything you’ve ever experienced before. But that difference comes from the details, not the core. At it’s core, law school is an essay test. If you have natural test taking talent, it does not say “A law school exam? No way chief, I’m outta here.” If you’re good at essay tests, you will have a slight advantage. If you’re terrible at essay tests, you have a little challenge.

Enjoy these three years. Law schools put so much focus on the next seven years of your life after you leave the law school that the three years of legal education get lost in the shuffle. If you’re applying to law school, you’ve probably heard about the couped-up, prison-inmate feeling that a lot of 3Ls have. I personally believe that the law schools themselves are more responsible for this than anyone. A lot of people say employers are pulling students out of the school too soon, but I disagree. Law schools are shoving them out with as much force as they can. [The] point here is that you should enjoy the learning as much as you enjoy the training.