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Torpor
Oct 20, 2008

.. and now for my next trick, I'll pretend to be a political commentator...

HONK HONK
I have my first jury trial coming up here, there are so many things to be concerned with that it's going to be hard just to focus on what I'm doing. Someone gave me some advice to stand to the side of the podium during voir dire in order to evoke a more casual and confident appearance, but I think the pee running down my legs will probably ruin the image.

God, being a lawyer is so much fun.

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prussian advisor
Jan 15, 2007

The day you see a camera come into our courtroom, its going to roll over my dead body.

Torpor posted:

I have my first jury trial coming up here, there are so many things to be concerned with that it's going to be hard just to focus on what I'm doing. Someone gave me some advice to stand to the side of the podium during voir dire in order to evoke a more casual and confident appearance, but I think the pee running down my legs will probably ruin the image.

God, being a lawyer is so much fun.

Criminal?

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Lykourgos posted:

EDIT: As to that last point, I mean: can anyone verify that the MBE you took during the actual bar was much easier than the practice MBE you took that is contained in the Barbri book
Yes.

Torpor posted:

I have my first jury trial coming up here, there are so many things to be concerned with that it's going to be hard just to focus on what I'm doing. Someone gave me some advice to stand to the side of the podium during voir dire in order to evoke a more casual and confident appearance, but I think the pee running down my legs will probably ruin the image.

God, being a lawyer is so much fun.
Just don't be a bitch and act naturally. Practice your opening and close, but be prepared to improvise if necessary and don't really script it (if that makes sense).
Write out your direct and cross questions when starting out.
If you're a DA, you can get away with whatever.

Voire dire? Just make it like a conversation.

nm fucked around with this message at 02:23 on Jul 24, 2010

Linguica
Jul 13, 2000
You're already dead

Today I tried the Barbri MBE Final Exam and got 62/100, then I tried the 18 sample questions in the back of the little NCBE pamphlet about the MBE and got 17/18

Linguica fucked around with this message at 02:23 on Jul 24, 2010

Torpor
Oct 20, 2008

.. and now for my next trick, I'll pretend to be a political commentator...

HONK HONK

nm posted:

Practice your opening and close, but be prepared to improvise if necessary and don't really script it (if that makes sense).
Write out your direct and cross questions when starting out.

Yeah, I'm working on this. I think I'll stay on script as much as possible, even though that may be a tad boring. I'd rather do that than gently caress up and get a mistrial or just sound really retarded by trying to go off script and failing.

Elotana
Dec 12, 2003

and i'm putting it all on the goddamn expense account

Linguica posted:

Today I tried the Barbri MBE Final Exam and got 62/100, then I tried the 18 sample questions in the back of the little NCBE pamphlet about the MBE and got 17/18
I'm a bit skeptical about those as well since I did much better on their sample MPRE questions than the real thing (I passed the MPRE by only a hair, although that was with about 12 hours of prep).

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Torpor posted:

Yeah, I'm working on this. I think I'll stay on script as much as possible, even though that may be a tad boring. I'd rather do that than gently caress up and get a mistrial or just sound really retarded by trying to go off script and failing.
Here is what I do:
I don't write a script I do this:

quote:

Witty intro phrase

Facts will show:
Bob joe didn't do it because:
a
b
c

Witnesses suck because:
cops are pigs
meth head
lying whore

reasonable doubt
hold off judgement
not guilty
It should be no more than 1 page of big font for a misdo.
Practice it a lot. You'll come off far more natural. Also a written scripted speach doesn't come off right because you don't write how you speak.

Draile
May 6, 2004

forlorn llama
When i sat for the bar I was stunned at how easy the MBE was compared to the BarBri practice questions hth

Stunt Rock
Jul 28, 2002

DEATH WISH AT 120 DECIBELS
Hey Scraps, do you have any examples of good MSJ's I can look at. I'm going to be writing my first real one soon :shobon:

Also, if there is a binding arbitration agreement and it is extremely well-settled that arbitration agreements are enforceable in your state, can you seek attorneys fees or get Rule 11 sanctions against an attorney who files a lawsuit anyways?

Mookie
Mar 22, 2005

I have to return some videotapes.

sigmachiev posted:

I raised my cum over a full point and it didn't mean gently caress all.

Quotin' dis.

OptimistPrime
Jul 18, 2008
BarBri practice MBE vquestions are the scared straight program of bar prep. Hopefully being experienced and jaded hasn't left me unprepared for the NY bar next week.

As I was attempting to fly to NY to see family and take the NY bar, I ran into several travelers with siblings or children considering law school, and the person sitting next to me on one flight was a solo. Sadly, I didn't get to crush the hopes of any "0-L's" directly, but hopefully people share the message of "don't go no jobs die alone."

Neon Belly
Feb 12, 2008

I need something stronger.

billion dollar bitch posted:

Please don't come to Columbia Law School. If you come off as such an entitled, know-it-all rear end in a top hat online, I shudder to think of what you're like in person.

I had two chicken sandwiches today. How many did you have?

Neon Belly fucked around with this message at 05:08 on Jul 24, 2010

deathdrive83
Sep 21, 2002

Outside by the other worlds.
I spent way too much time working on the MBE. I did pretty well on the Barbri practice test, but feel clueless when I'm writing essays. It doesn't help that one of my states emphasizes local law.

I guess I'll be writing practice essays about per stirpes distribution, oil & gas, and cattle grazing statutes all weekend.

Lykourgos
Feb 17, 2010

by T. Finn

deathdrive83 posted:

I spent way too much time working on the MBE. I did pretty well on the Barbri practice test, but feel clueless when I'm writing essays. It doesn't help that one of my states emphasizes local law.

I guess I'll be writing practice essays about per stirpes distribution, oil & gas, and cattle grazing statutes all weekend.

I reckon I'll be joining you. I'm also going to pay ten dollars to get the ncbe MEE questions and answers from feb, and twenty six for the MBE online test. I'm kind of annoyed with Barbri making up retarded questions; I'd rather get familiar with the real thing than something artificially harder.

billion dollar bitch
Jul 20, 2005

To drink and fight.
To fuck all night.

Gadamer posted:

I had two chicken sandwiches today. How many did you have?

I went to a cardiologist today and asked if eating chicken sandwiches from McDonalds was bad for my health and what I should do about it, and he said it was indeed bad for my health and that I should exercise. Then I asked him if I could just drink red wine to make everything even out, without the exercise, and he said that it was a stupid idea and I should just exercise and cut out the goddamn sandwiches. But I didn't like what I was hearing, so I asked my family , and they said it was a stupid idea, and that i should just exercise and not eat the stupid chicken sandwiches, except for Uncle Joe who's pushing 90 and said to eat whatever the hell I want and drink a bottle of wine on all the days that end with Y.

So about ten.

Readman
Jun 15, 2005

What it boils down to is wider nature strips, more trees and we'll all make wicker baskets in Balmain.

These people are trying to make my party into something other than it is. They're appendages. That's why I'll never abandon ship, and never let those people capture it.
Quick question - how does the US handle rape shield laws? I was thinking about it earlier and it occurred to me that the channels we get in Australia (FOXNews and CNN) always seem to give more than enough information to identify rape victims. What's the deal with that?

Torpor posted:

I have my first jury trial coming up here, there are so many things to be concerned with that it's going to be hard just to focus on what I'm doing. Someone gave me some advice to stand to the side of the podium during voir dire in order to evoke a more casual and confident appearance, but I think the pee running down my legs will probably ruin the image.

God, being a lawyer is so much fun.

It's probably so ubiquitious in the US that this goes without saying, but if you haven't already, google Irving Younger's Ten Commandments of Trial Advocacy.

Or just brief a barrister. :)

Ainsley McTree
Feb 19, 2004


Readman posted:

Quick question - how does the US handle rape shield laws? I was thinking about it earlier and it occurred to me that the channels we get in Australia (FOXNews and CNN) always seem to give more than enough information to identify rape victims. What's the deal with that?


It's probably so ubiquitious in the US that this goes without saying, but if you haven't already, google Irving Younger's Ten Commandments of Trial Advocacy.

Or just brief a barrister. :)

I can't tell, are you australian

Readman
Jun 15, 2005

What it boils down to is wider nature strips, more trees and we'll all make wicker baskets in Balmain.

These people are trying to make my party into something other than it is. They're appendages. That's why I'll never abandon ship, and never let those people capture it.
Yes.

Ainsley McTree
Feb 19, 2004


Less stupid answer - rape shield laws in the US exist to stop the defendant in a rape case from cross-examining the victim about her (or his, but generally her) sexual history, they don't have anything to do with hiding her identity

I was going to edit my original stupid answer but I see that you've already seen it

evilweasel
Aug 24, 2002

Ainsley McTree posted:

Less stupid answer - rape shield laws in the US exist to stop the defendant in a rape case from cross-examining the victim about her (or his, but generally her) sexual history, they don't have anything to do with hiding her identity

I was going to edit my original stupid answer but I see that you've already seen it

Right - refusing to identify victims of sexual crimes is a media policy, not law. It'd probably be unconstitutional to mandate it.

wacko_-
Mar 29, 2004
You guys are all gunners. I thought the real MBE was way harder than the BarBri MBE questions last year.

Mileage may vary.

P.S. You'll all pass.

Mookie
Mar 22, 2005

I have to return some videotapes.

evilweasel posted:

Right - refusing to identify victims of sexual crimes is a media policy, not law. It'd probably be unconstitutional to mandate it.

Depends on what we're talking about exactly. For example, clearing the courtroom might be acceptable, if the traditional factors for a closed court proceeding are present.

But there's no getting around not only telling the accused the rape victim's identity, but also requiring the victim to appear in court for cross-examination during trial. That's what Crawford v. Washington and the confrontation clause of the Sixth Amendment was all about.

While I was in law school, this confrontation clause cases, as well as the Sentencing Guideline cases, were still new and/or unsettled. It was pretty amusing to watch people in class have a knee-jerk "Scalia is in favor of this, so it must be bad" reaction, without realizing that these decisions greatly expanded the protections afforded to criminal defendants, which these same students (and one or two professors) were typically in favor of.

Hate the game, not the players.

Readman
Jun 15, 2005

What it boils down to is wider nature strips, more trees and we'll all make wicker baskets in Balmain.

These people are trying to make my party into something other than it is. They're appendages. That's why I'll never abandon ship, and never let those people capture it.

Ainsley McTree posted:

Less stupid answer - rape shield laws in the US exist to stop the defendant in a rape case from cross-examining the victim about her (or his, but generally her) sexual history, they don't have anything to do with hiding her identity

I was going to edit my original stupid answer but I see that you've already seen it

evilweasel posted:

Right - refusing to identify victims of sexual crimes is a media policy, not law. It'd probably be unconstitutional to mandate it.

Thanks for the clarification. FWIW, in the jurisdiction I'm from there's an automatic suppression on reporting the name of a complainant in a sexual offence (and also an automatically closed court).

G-Mawwwwwww
Jan 31, 2003

My LPth are Hot Garbage
Biscuit Hider

Stunt Rock posted:

Hey Scraps, do you have any examples of good MSJ's I can look at. I'm going to be writing my first real one soon :shobon:

Yeah. Let me see what I can wrangle up for you. I won't be in the office until Monday but I'll hook you up.

Do you want a response to summary judgment or an actual motion for summary judgment?

An Cat Dubh
Jun 17, 2005
Save the drama for your llama
Hey lawyer goons, can anyone point me to a starting point for looking into jobs in the E.U. that a U.S. licensed attorney would qualify for without having to be licensed in said E.U. country?

JudicialRestraints
Oct 26, 2007

Are you a LAWYER? Because I'll have you know I got GOOD GRADES in LAW SCHOOL last semester. Don't even try to argue THE LAW with me.

Stunt Rock posted:

Hey Scraps, do you have any examples of good MSJ's I can look at. I'm going to be writing my first real one soon :shobon:

Also, if there is a binding arbitration agreement and it is extremely well-settled that arbitration agreements are enforceable in your state, can you seek attorneys fees or get Rule 11 sanctions against an attorney who files a lawsuit anyways?

I have some MSJs if you want them. One is premise liability and the other is 8th Amendment claims.


Also, thread, apparently I'm supposed to do jury instructions and a proposed verdict form. I am completely lost. Help.

JudicialRestraints
Oct 26, 2007

Are you a LAWYER? Because I'll have you know I got GOOD GRADES in LAW SCHOOL last semester. Don't even try to argue THE LAW with me.

An Cat Dubh posted:

Hey lawyer goons, can anyone point me to a starting point for looking into jobs in the E.U. that a U.S. licensed attorney would qualify for without having to be licensed in said E.U. country?

I would suggest suicide followed by reincarnating in the E.U.

G-Mawwwwwww
Jan 31, 2003

My LPth are Hot Garbage
Biscuit Hider

JudicialRestraints posted:

I have some MSJs if you want them. One is premise liability and the other is 8th Amendment claims.


Also, thread, apparently I'm supposed to do jury instructions and a proposed verdict form. I am completely lost. Help.

There's got to be a book of pattern jury charges around there somewhere.

Law news:

I have to cancel a vacation to prepare for arbitration. I also have a trial scheduled during December finals. And it's going to settle before the day of trial but not until I've taken time to prep for it.

God drat it, they don't pay me enough for this poo poo. :argh:

Don't go, it pays a pittance, die alone.

G-Mawwwwwww fucked around with this message at 18:15 on Jul 24, 2010

CmdrSmirnoff
Oct 27, 2005
happy happy happy happy happy happy happy happy happy

CaptainScraps posted:

There's got to be a book of pattern jury charges around there somewhere.

The Canadian Judicial Council publishes some.

http://www.cjc-ccm.gc.ca/english/lawyers_en.asp?selMenu=lawyers_modeljuryinstruction_en.asp

It's Canadian though :smugdog:

GamingHyena
Jul 25, 2003

Devil's Advocate

JudicialRestraints posted:

I have some MSJs if you want them. One is premise liability and the other is 8th Amendment claims.


Also, thread, apparently I'm supposed to do jury instructions and a proposed verdict form. I am completely lost. Help.

I don't know what state you're in, but there should be some [state] pattern jury charges that will give you guidance on jury instructions and a verdict form.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

Mookie posted:

While I was in law school, this confrontation clause cases, as well as the Sentencing Guideline cases, were still new and/or unsettled. It was pretty amusing to watch people in class have a knee-jerk "Scalia is in favor of this, so it must be bad" reaction, without realizing that these decisions greatly expanded the protections afforded to criminal defendants, which these same students (and one or two professors) were typically in favor of.

Hate the game, not the players.

Yeah Crawford is pretty much Scalia's most kickass opinion.

billion dollar bitch
Jul 20, 2005

To drink and fight.
To fuck all night.
I liked DC v. Heller.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

JudicialRestraints posted:

Also, thread, apparently I'm supposed to do jury instructions and a proposed verdict form. I am completely lost. Help.

Here are some Michigan civil instructions; verdict forms are included. Or is the question how to select which specific instructions to propose?

Mookie posted:

While I was in law school, this confrontation clause cases, as well as the Sentencing Guideline cases, were still new and/or unsettled. It was pretty amusing to watch people in class have a knee-jerk "Scalia is in favor of this, so it must be bad" reaction, without realizing that these decisions greatly expanded the protections afforded to criminal defendants, which these same students (and one or two professors) were typically in favor of.

You know the pendulum has swung too far when ... Scalia is leading the charge in support of (selected) Constitutional rights.

Alaemon
Jan 4, 2009

Proctors are guardians of the sanctity and integrity of legal education, therefore they are responsible for the nourishment of the soul.
As noted, your state should have pattern jury instructions.

What most of our local attorneys do is go through those instructions and come up with a list of them by number (1.1, 1.2, 1.4, etc.). This list represents whatever they THINK they might need -- the object being to be inclusive at this stage and narrow it down based on how the trial unfolds. They put all those on a list and both sides submit their lists to our office (the judge's research staff).

We go through and combine the lists into a master list with every proposed instruction by both sides. This becomes a packet with the full text of every one of those proposed instructions.

Judge and counsel are then free to discuss which instructions need to be given as the trial progresses. ("I thought we were going to need 4.1, but this person didn't testify to that, so we can just strike it.") Then we do the final packet that Judge reads to the jury.

If you're truly in the woods, call your judge's people and ask them what standard procedure is. (Equivocation protip: "I've never had to do this for this judge before" is just as true as "this is my first jury trial.") Odds are someone has a draft or final version saved on their computer that they can email you so you can at least see what stuff looks like for this particular court.

Neon Belly
Feb 12, 2008

I need something stronger.

billion dollar bitch posted:

I went to a cardiologist today and asked if eating chicken sandwiches from McDonalds was bad for my health and what I should do about it, and he said it was indeed bad for my health and that I should exercise. Then I asked him if I could just drink red wine to make everything even out, without the exercise, and he said that it was a stupid idea and I should just exercise and cut out the goddamn sandwiches. But I didn't like what I was hearing, so I asked my family , and they said it was a stupid idea, and that i should just exercise and not eat the stupid chicken sandwiches, except for Uncle Joe who's pushing 90 and said to eat whatever the hell I want and drink a bottle of wine on all the days that end with Y.

So about ten.

I think I love you. Also, Chic-fil-a makes a superior chicken sandwich to McDonald.

sigmachiev
Dec 31, 2007

Fighting blood excels
Yo, if anyone has experience or wants to impart some knowledge on writing a casenote (as opposed to a memo or brief), I'd appreciate it if you'd come to #lawgoons or AIM me (EVFAIN). Or just post here. I'd love some tips.

lipstick thespian
Sep 20, 2005

by Ozmaugh
Opened my mail and apparently my application for student aid/loans for this semester has been denied. The worst part is that it's because of a stupid technicality with how law school finals work, that they SHOULD be aware of and that I even explicitly told them about in the application. All this really means is I will have to call them and explain to them AGAIN how the system works, but it's still annoying.

Maybe it's time to vote Ron Paul and cast off the shackles of well-meaning but misguided bureaocracy once and for all.

JudicialRestraints
Oct 26, 2007

Are you a LAWYER? Because I'll have you know I got GOOD GRADES in LAW SCHOOL last semester. Don't even try to argue THE LAW with me.

joat mon posted:

Here are some Michigan civil instructions; verdict forms are included. Or is the question how to select which specific instructions to propose?

I know generally which jury instructions to include (we have giant binders of them at my office), but I was mainly concerned with proposed verdict forms. I'll take a look at this for ideas, thanks.

BigHead
Jul 25, 2003
Huh?


Nap Ghost

lipstick thespian posted:

Opened my mail and apparently my application for student aid/loans for this semester has been denied. The worst part is that it's because of a stupid technicality with how law school finals work, that they SHOULD be aware of and that I even explicitly told them about in the application. All this really means is I will have to call them and explain to them AGAIN how the system works, but it's still annoying.

Maybe it's time to vote Ron Paul and cast off the shackles of well-meaning but misguided bureaocracy once and for all.

According to my favorite blog, not just law schools but undergrads also do this as a huge money maker. The ol' bait and switch for scholarships. Yeah.

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lipstick thespian
Sep 20, 2005

by Ozmaugh

BigHead posted:

According to my favorite blog, not just law schools but undergrads also do this as a huge money maker. The ol' bait and switch for scholarships. Yeah.

I don't pay tuition so this is strictly loans for CoL. Law school in Uppsala only has one final per semester, rather than one final for torts and one for IP and so on. As a result, there's a need to be able to postpone doing the final (if, say, you feel you could get better grades doing so) and still be able to continue with the next semesters. It's just that it's the only school in Sweden that functions in that way, which obviously causes problems. It'll all be cleared up with a phonecall, but... :shobon:

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