The Summary

It's only been a week but everything I've been told by upperclassmen is true. After only a week, all I think about is the law. I can't go to sleep because I can't stop thinking about the case I just read. When I do fall asleep, I'm dreaming about class or a case that I've just read. A few very important thing happened this week. First, I disagreed with a judge. Now I know that sounds pretty arrogant but this was a ground breaking experience for me and I think that every law school student notices a difference in the way they go about school after they've done it. Let me explain a little. Law school teaches the law by something called the case method. What that means is that we learn the law by reading the law, or in other words, we're learning by seeing the law applied in cases. It's not the easiest way to learn but it's definitely the most effective way to train someone to think like a lawyer. So in the case books that we read, we read judges written by opinions, wait, see how burned out I am in only a week?! We read opinions written by judges about a case that is being appealed. Well I read a case yesterday and totally disagreed with the what the judge wrote. I saw myself going from reading and learning to reading and making a legal argument. We didn't get to the case today but I had to get what I was thinking out of my head so I approached my teacher after class. I explained what I felt were the crucial issues of the case and why I thought that at trial, p. (plaintiff) could have won on the merits of the case (the facts being argued). She applauded my argument and told me I was on the right track. Then she said it, "I'm impressed that you're dissenting (fancy word for disagreeing with majority opinion of the court) from the ct. (court) so soon in your legal education." I walked away feeling really proud of myself. When we discuss cases in small groups before and after class, almost everyone argues the same points made by the ct. we've been encouraged a number of times in class to always question the ct. opinion and not to assume that the ct. is correct but it's not so easy. When you disagree with the ct., you are basically arguing the losing side of the case. So that was a big step so far in my legal education. Another thing that happened that is important only because of it's significance to me and more funny than anything else, happened today at dinner with my parents. Dad ordered ribs and asked the waitress quietly as he likes to do when he's trying to get something free,
"Do yall (how southern) still have the..."
"Seconds?" the waitress answered, as if she could read his mind, "yes, we do."
When Dad was ready for seconds, he waved her over.
"What would you like? Ribs, potato salad and beans?"
Dad wanted all three of course! She took our ticket like the do at Jalisco when you order another lemonade, thinking that it's going to be free and then they charge you, I HATE THAT...
Ok so she's scribbling on the ticket and she walks away. Mom asks if seconds are free and Dad mentioned that he thought so, and what was I doing you might ask, I was reviewing what had just happened and trying to decide if a contract was formed when Dad implied that he wanted free "seconds" and she answered before he could finish as if she knew what he was asking. Would a reasonable man (that's the test for contracts) have interpreted what waitress (now she's the defendant) said as "yes, we still have free seconds." Was that implied? If it was, would she breach that contract by charging us. If she did breach, could we (the plaintiff) recover damages? Could Dad claim intentional infliction of emotion distress for not getting his free seconds? Dad might actually be emotionally distressed. What ct. would I file in, state or federal? Where would we file, Corpus? Oakville? That's the way my mind is starting to work and it's cool, and frightening all at once. Katie's here, we went swimming and she's going to bed. If I can stay up longer than her, I'm going to....
that's right, study. Thanks to those of you who have emailed. And if any of you already have lawyers, you've got 3 years to get rid of them! I'm going to expect you all to help me get my firm off the ground. And work at the firm too! Mom's doing the books, Dad's going to build the building. Steve's going to design my letterhead and business cards. Mario's going to play live music in the office for the people waiting to see me. Ruth is going to sing. Josh is going to be my personal assitant , Richards going to provide my mats, table cloths ect. Celia's going to make personalized refrigerator magnets for my faithful clients. Debbie's going to sell me malpractice insurance, Selena is going to be my legal secretary and Jordan is going to be in charge of refreshments for the clients. Wait, no Jordan will answer the phones. Anyway, I needed a little time to get some thoughts out and do something other than law school. And now, back to law school.