So that's that. Three days ago, I took my second and last final of the semester, and with no further ado, it's over. Four months of intensive reading, briefing, fretting, outlining, memo-writing, stressing, and of course, occasional blogging, and suddenly . . . nothing. I'm really not sure I've fully absorbed the idea that, for an entire month, I don't need to think about the law at all (as evidenced by a general dazed lack of focus, and by the fact that I continue to have anxious dreams about civil procedure). Just what am I supposed to do with myself for the next four weeks? OK, there's the holiday season, and there's that long list of neglected household tasks I've been compiling all semester, and there are still two kids to take care of and a wife to hang out with, somewhere around here, but still: shouldn't I be puzzling over some turn-of-the-century judge's convoluted prose, or trying to edit five pages out of a memo, or convincing myself I'm not going to flunk out of law school? Well, maybe I can still do that last one over the break, but the rest of it? All gone. The first semester of law school is over. So now what?
I'd like to offer some sort of grand, retrospective, insightful synthesis of it all, but I don't think I have the energy. Or maybe it's the desire. Or maybe on some level I know there's just not that much to be said. Yes, it was difficult, as everybody says, and no, I was not prepared for its demands, either intellectual or emotional. But I'd like to think I met those demands, however haphazardly, and that I came through all right in the end. Perhaps the greatest measure of this is that I am OK with waiting six weeks to get my final grades, and I'm not really concerned about whether or not I passed -- the hyperbole of my first paragraph notwithstanding. I doubt I've reached the level of nonchalance exhibited by the character in The Paper Chase, who felt no need even to look at his grades when they arrived in the mail, and instead cast them into the sea (nor will this likely be an option, as I don't imagine they'll be sending them by the post), but I have no doubt I'll be allowed to return in the spring. I may yet find a good sized puddle to throw my torts book into, but that would be more like an act of vengeance than of emancipation.
Anyway, here I am, on the other side. I really do think next semester will go much more smoothly, going into it as I am with some awareness of such basic things as how to take notes, how to read the cases, how to study, and how to prepare for finals. All of that really would have come in handy these past few months. But c'est la vie. It's over and done. Time to hang out with the family and enjoy four weeks of normality. Because let's face it: those advance assignments for the spring will be arriving before I know it.
Showing posts with label family. Show all posts
Showing posts with label family. Show all posts
Monday, December 14, 2009
Saturday, October 24, 2009
And We're Back
It's been more than a month since my last law-related post, for which I apologize. Most people reading this probably already know that this is largely due to the birth of my daughter, Eleanor, at the beginning of the month, followed immediately by a traumatic midterm experience, and thence, of course, by normal day-to-day parenting, studying, and general stressing out.
I know: Excuses, excuses. Suck it up, Chris.
So now, after six weeks of silence, where to begin? There was that midterm, mentioned above, which was a travesty I've already wallowed in far too long and too deeply. Let's just say, I was not prepared, and I imploded spectacularly, and spent the next few weeks completely reorienting myself to the whole law school process. The good news is, the test doesn't actually count against me, and the better news is, it served very well to show me just how inadequate my studying up to that point had been, and I'm now feeling much better about things. (At the same time, I acknowledge that the whole law school experience so far has been characterized by a constant swinging between feelings of total comprehension and utter incompetence, which has left me hesitant to count on any good feelings lasting more than a week. But we will see.)
To quickly bring everyone up to speed:
In Civil Procedure, we have moved past the (very lengthy and convoluted) question of personal jurisdiction, and through something called subject matter jurisdiction, which is, thankfully, a little bit simpler than the personal kind. It's basically just about what kinds of cases federal courts are allowed to hear. (State courts have general jurisdiction, so they can hear almost anything.) The two main categories under the subject matter heading are (1) diversity jurisdiction and (2) federal question jurisdiction.
(1) Federal courts may hear a case when the parties are "diverse," meaning none of the plaintiffs are domiciled in the same state as any of the defendants. There are a few complications involving businesses and "aliens," but that's the gist of it. Oh, and the "amount in controversy" in the case has to exceed $75,000.
(2) They may also hear cases which involve (or even better, "arise out of") a "federal question," e.g., a civil rights violation or First Amendment issue. Again, and of course, there are complications, mostly involving how you may or may not tack on state law issues to your federal claims, which then bleeds into the topic of "supplemental" jurisdiction.
After all that, we discussed under what circumstances a case may be "removed" from state court to federal court, and then proceeded to the topic of "venue" (determining which courts within a given judicial system would be "the most sensible and convenient" in which to litigate), and now, to "pleading" (how to write the original "complaint," how to answer it, that sort of thing). One interesting thing about our progress (at least to me) is that we are moving steadily along a spectrum from very Constitutional issues (personal jurisdiction) to those much more governed by statute and the Federal Rules of Civil Procedure. This doesn't really makes things more or less complicated, but definitely requires a different approach in terms of studying and processing the information.
As for Torts, we're still talking about negligence, but whereas we had previously only looked at the rather involved issue of who owes what kind of duty of care to whom (duty and breach, the first two elements of a negligence claim), we have now moved into the realm of causation (the third element), which is much more up my alley. Causation encompasses both "actual" cause and "proximate" cause. Actual cause is usually pretty straightforward: did your negligent act bring about my injury? Or put another away: But for your negligent act, would my injury have occurred? If you negligently ran a red light, but my injured head results from my coincidentally tripping over the curb at the same time, there's no causation. On the other hand, if you hit me and break my leg, and the ambulance taking me to the hospital gets in an accident and I break my arm, and at the hospital instead of putting my arm and leg in a cast they accidentally amputate them, and two years later I am unable to escape from a fire because of my missing limbs and I die, there is, at the least, actual cause. None of it would have happened if you hadn't been talking on your damn cell phone.
Which brings us to "proximate cause." This really has almost nothing to do with causation, apart from the fact that you can't have proximate cause without actual cause. It's really all about how far a person's liability ought to extend. In the above example, you probably should be held accountable for my broken leg, but what about the rest? Are you liable to my family for the lost income and emotional distress brought about by my death two years later? As you can see, things get very interesting very quickly, and I think this has been my favorite part of torts to date. There are philosophical questions involved, which ties in nicely with my other interests, but I think what I love about it is how it's all tied to practicality. Philosophically, every event has infinite causes, and infinite consequences, but this is real life, and we have to draw a line somewhere. Seeing how different courts, at different times, have gone about drawing that line, and trying to figure out where I would draw it, is fascinating. (In case you're curious, although you'd still be liable for the broken arm I got in the ambulance, most likely the hospital staff's gross negligence in amputating my arm and leg would be considered a "superseding cause," and would therefore cut off your liability at that point. Lucky you.)
So, steady on. Shockingly, there are only four weeks of class left (followed by a little over two weeks to study for finals), so it will all be over soon, one way or another. Not so shockingly, I'm feeling very ready for that moment. Not necessarily because law school is so hard, but more because I'd like to be able to spend a bit more time with my family. It's not much fun having to decide between being a good student or being a good father and husband; even worse is feeling like I'm sort of doing a half-assed job of each. Thank goodness Amy and Dashiell (and even Eleanor, already) are so wonderful and forgiving. The best thing I can do is try to deserve them.
I know: Excuses, excuses. Suck it up, Chris.
So now, after six weeks of silence, where to begin? There was that midterm, mentioned above, which was a travesty I've already wallowed in far too long and too deeply. Let's just say, I was not prepared, and I imploded spectacularly, and spent the next few weeks completely reorienting myself to the whole law school process. The good news is, the test doesn't actually count against me, and the better news is, it served very well to show me just how inadequate my studying up to that point had been, and I'm now feeling much better about things. (At the same time, I acknowledge that the whole law school experience so far has been characterized by a constant swinging between feelings of total comprehension and utter incompetence, which has left me hesitant to count on any good feelings lasting more than a week. But we will see.)
To quickly bring everyone up to speed:
In Civil Procedure, we have moved past the (very lengthy and convoluted) question of personal jurisdiction, and through something called subject matter jurisdiction, which is, thankfully, a little bit simpler than the personal kind. It's basically just about what kinds of cases federal courts are allowed to hear. (State courts have general jurisdiction, so they can hear almost anything.) The two main categories under the subject matter heading are (1) diversity jurisdiction and (2) federal question jurisdiction.
(1) Federal courts may hear a case when the parties are "diverse," meaning none of the plaintiffs are domiciled in the same state as any of the defendants. There are a few complications involving businesses and "aliens," but that's the gist of it. Oh, and the "amount in controversy" in the case has to exceed $75,000.
(2) They may also hear cases which involve (or even better, "arise out of") a "federal question," e.g., a civil rights violation or First Amendment issue. Again, and of course, there are complications, mostly involving how you may or may not tack on state law issues to your federal claims, which then bleeds into the topic of "supplemental" jurisdiction.
After all that, we discussed under what circumstances a case may be "removed" from state court to federal court, and then proceeded to the topic of "venue" (determining which courts within a given judicial system would be "the most sensible and convenient" in which to litigate), and now, to "pleading" (how to write the original "complaint," how to answer it, that sort of thing). One interesting thing about our progress (at least to me) is that we are moving steadily along a spectrum from very Constitutional issues (personal jurisdiction) to those much more governed by statute and the Federal Rules of Civil Procedure. This doesn't really makes things more or less complicated, but definitely requires a different approach in terms of studying and processing the information.
As for Torts, we're still talking about negligence, but whereas we had previously only looked at the rather involved issue of who owes what kind of duty of care to whom (duty and breach, the first two elements of a negligence claim), we have now moved into the realm of causation (the third element), which is much more up my alley. Causation encompasses both "actual" cause and "proximate" cause. Actual cause is usually pretty straightforward: did your negligent act bring about my injury? Or put another away: But for your negligent act, would my injury have occurred? If you negligently ran a red light, but my injured head results from my coincidentally tripping over the curb at the same time, there's no causation. On the other hand, if you hit me and break my leg, and the ambulance taking me to the hospital gets in an accident and I break my arm, and at the hospital instead of putting my arm and leg in a cast they accidentally amputate them, and two years later I am unable to escape from a fire because of my missing limbs and I die, there is, at the least, actual cause. None of it would have happened if you hadn't been talking on your damn cell phone.
Which brings us to "proximate cause." This really has almost nothing to do with causation, apart from the fact that you can't have proximate cause without actual cause. It's really all about how far a person's liability ought to extend. In the above example, you probably should be held accountable for my broken leg, but what about the rest? Are you liable to my family for the lost income and emotional distress brought about by my death two years later? As you can see, things get very interesting very quickly, and I think this has been my favorite part of torts to date. There are philosophical questions involved, which ties in nicely with my other interests, but I think what I love about it is how it's all tied to practicality. Philosophically, every event has infinite causes, and infinite consequences, but this is real life, and we have to draw a line somewhere. Seeing how different courts, at different times, have gone about drawing that line, and trying to figure out where I would draw it, is fascinating. (In case you're curious, although you'd still be liable for the broken arm I got in the ambulance, most likely the hospital staff's gross negligence in amputating my arm and leg would be considered a "superseding cause," and would therefore cut off your liability at that point. Lucky you.)
So, steady on. Shockingly, there are only four weeks of class left (followed by a little over two weeks to study for finals), so it will all be over soon, one way or another. Not so shockingly, I'm feeling very ready for that moment. Not necessarily because law school is so hard, but more because I'd like to be able to spend a bit more time with my family. It's not much fun having to decide between being a good student or being a good father and husband; even worse is feeling like I'm sort of doing a half-assed job of each. Thank goodness Amy and Dashiell (and even Eleanor, already) are so wonderful and forgiving. The best thing I can do is try to deserve them.
Saturday, July 11, 2009
Thirty Days and Counting...
Thirty days till the first day of Orientation Week. I have my schedule (which will be Torts, Civil Procedure, and Lawyering Process, Monday through Thursday evenings), have been to the bookstore to see what books I need (and am attempting to order a few from the TC to get my discount before I leave), and even have an official DU ID declaring my status as a law student. I've been thumbing through Black's Law Dictionary (9th edition, just released) and feeling the excitement of exploring a whole new world with its very own language and culture. I even got excited skimming the Bluebook -- which is basically a book all about how to cite references properly in legal writing. How ridiculous is that?
So the good news is, I'm still plenty psyched about going to law school. Of course, I guess I'm supposed to follow that with the bad news, but I really can't think of any -- which I guess is more good news. The schedule I got means we only need to worry about a babysitter one night of the week (Wednesdays, in case anyone reading this is interested), and we might even manage to save a day each week for family time. And I'm going to get some time to spend both with Dashiell and with Amy, separately and together, before it all starts, and I'm feeling like everything at work is pretty much settled. And everything seems to be going well with Eleanor (due in a little under 3 months), too. I'm not really sure how things could be going any better.
Don't I have any apprehensions? I guess there's a small part of me that recognizes the possibility that I'll end up completely overwhelmed, but, valid or not, I'm not really buying it. Maybe if I'd been leading some sort of well ordered existence up till now, I'd be concerned, but our lives have been prety chaotic for the past, oh, seven years or so, so I guess I feel prepared for whatever comes our way. New schools, new schedules, new baby -- bring it on.
I guess my only real worries are for Dashiell. He's about to start a whole new school, with all new teachers and friends, immediately followed by a new baby sister. He seems pretty excited about all that right now, but let's not forget that he has no idea what any of it really means, being not quite four years old. I definitely have anxiety around how to manage all that transition for him. Fortunately, I know he's an easygoing kid, who makes friends fairly easily. Still, I wish we didn't have to take him away from the people he's been hanging out with for a significant portion of the last three-fourths of his life.
Speaking of Dashiell, I took him with me to the DU bookstore yesterday, and we made sure to go on the walkway that crosses Evans and watch the cars driving under us, and to stop in at the law school. Dash is very excited to tell all his friends that his dad's going to go to school in a castle. Leave it to him to add a little bit of magic to the whole experience.
The Castle
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