Thursday, October 04, 2007

My classes this semester

Mediation Clinic
The mediation clinic that I am taking this semester consists some basic conflict resolution training and then being thrown to the wolves at the county court house. We divided into teams and will hopefully mediate on average two cases a week per team.
The cases are the run of the mill average “You owe me money.”, “No, don’t!” type of cases. Good examples are: as botched home and auto repairs; debt collection; and the like.
We have about 4 or 5 cases under our belt so far. This is good because after the class and if we can accomplish 10 mediations we can go onto the state’s Certified Mediator list and potentially get paid for mediations. (Not likely but it could happen and after all it looks good on a resume). I think the best thing that comes out of this class and the Alternative Dispute Resolution certificate offered by the law school for completing all 4 of the ADR classes (ADR, interviewing and counseling, arbitration, and the mediation clinic – plus another practical skills requirement) is that we walk out of the school with some pretty solid dispute resolution skills. Plus I have got to watch several of our cases that didn’t work out in mediation go to trial. I have been surprised by the fact that who we thought would win doesn’t necessarily win even though they had the best argument and facts. It just goes to show you that going in front of the judge or jury is always a dice roll. If you can settle the case with something that you can live with (not necessarily like but can live with), you should settle the case.

Alternative Dispute Resolution
Mentioned above. This class mainly deals with different ways to resolve conflict (the arguments for against each) and the processes. It is part of the ADR certificate program.
The problem with both of these classes is that I don’t know if I will have conflicts with other classes that I need in order to complete the program and get the certificate. If Jones continues it’s not giving preferential class placements to upper class students I might not get the classes that I need to graduate with the certificate. Or graduate on time at all if they screw me just right.

Evidence
This is probably the hardest class in law school and the most important for trial lawyers to know. It is hard. I hope I get the working knowledge that I need. Due to my former status as a part time student I am taking this class with 2Ls. The professor that teaches this class is well known for ridiculously hard exams. But I have seen few professors with such a mastery of the working knowledge of his subject like this guy does. I had the opportunity to take another professor who was guaranted to have an easier class with less work, easier exam, and higher GPA. But I chose the guy who I thought could give me the best edge when I do hit the court room for real. I hope it pays off in the long run and doesn’t bite me in the shorts in the short term.

Remedies
This bad boy is on the bar exam. What I don’t know however, is what this professor’s exam will cover.

Family Law
So far in family law I have learned that:
A. Common law marriage is a crock of BS that should be outlawed and IS in most states. Alabama however remains on the cutting edge of 18th century legal thought and has seen fit to continue to honor these “sham” marriages. This creates an entire network of new problems because pretty much all you need for a common law marriage to stick is 1.) Have the capacity to enter into marriage; 2.) Have the mutual intent to do so; 3.) in a permanent and exclusive manner (not an open marriage). The marriage doesn’t even have to be consummated or even co-habitation. (AL law requires 24 hours).
B. Co-habitation probably means that they can sue you for $
C. Massachusetts didn’t really want to win the same sex marriage case because if they did so the state’s case wouldn’t look like the arguments were came up with by a 4th grader. There were so many more and better arguments that could have been articulated by the state. Thus….
D. Thank god for the defense of marriage act.
E. Legal Separation is for the birds. If you want a divorce, get a freaking divorce already.

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