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[Angry Grimace]

Legal writing should be pass/fail.

No way. I amjured that class [/smug]

 

[Pollux]

Based on your recommendation I ordered that book through Amazon....it's amazing. Wish I had that from the start. Now I just have to see how far I can get through it with everything else piling up. Thanks man I owe you a beer.

glad i could help. good luck the rest of the semester.

 

[mikeybwright]

glad i could help. good luck the rest of the semester.

Thanks man you too!!

Sometimes I love reading for law school..."At common law those without capacity to contract include: infants, insane people...married women, aged persons and Indians. Some of those persons above no longer fall within that class".

I almost fell out of my chair when I saw "Indians".

 

[commish]

Anyone here know anything about patent law?

I need to look up a patent question for a friend, but don't know a damn thing about patent law, and don't feel I should use my work Westlaw account for it. What's my best bet for an openly available online source of patent law info?

What is your question? Between the statute itself and google scholar, I'm sure you can find an answer (or enough to know that you don't know).

 

[farnham]

Lawyer since August of this year.

 

[Jintor]

Entering the test period for (Australian) equity and administrative law. Woo woo woo.

 

[RandomDancing]

Anyone here know anything about patent law?

I need to look up a patent question for a friend, but don't know a damn thing about patent law, and don't feel I should use my work Westlaw account for it. What's my best bet for an openly available online source of patent law info?

I'm just finishing up patents in my IP class, which means I have a very very very basic understanding but I may be able to point you in the right direction in terms of your research (or if nothing else, ask my professor).

 

[AndyD]

Anyone here know anything about patent law?

I need to look up a patent question for a friend, but don't know a damn thing about patent law, and don't feel I should use my work Westlaw account for it. What's my best bet for an openly available online source of patent law info?

I am a registered patent attorney, although with limited experience, but I can try and help.

 

[Pollux]

Thanks man you too!!

Sometimes I love reading for law school..."At common law those without capacity to contract include: infants, insane people...married women, aged persons and Indians. Some of those persons above no longer fall within that class".

I almost fell out of my chair when I saw "Indians".

Agreed. Although right now I'm just struggling to focus and finish the damn reading lol. Skyrim coming out on friday doesn't help. I'll be busting my ass all weak to take friday off and play the game. Then saturday back to the grindstone.

EDIT: also, at this point I'm looking at practice exams and I feel like I'm hitting 80% of the information and getting it right. I feel like the fact that I'm getting comfortable and everything seems to be clicking is bad. I dunno. Everyone I've talked to says that they were confused at this point 1L year. I dunno. I'm freaking out and I don't know if it's over something or not.

 

[commish]

Agreed. Although right now I'm just struggling to focus and finish the damn reading lol. Skyrim coming out on friday doesn't help. I'll be busting my ass all weak to take friday off and play the game. Then saturday back to the grindstone.

EDIT: also, at this point I'm looking at practice exams and I feel like I'm hitting 80% of the information and getting it right. I feel like the fact that I'm getting comfortable and everything seems to be clicking is bad. I dunno. Everyone I've talked to says that they were confused at this point 1L year. I dunno. I'm freaking out and I don't know if it's over something or not.

By the final, everyone will know every part of the law, pretty much. Those who get As will do so because they are able to write better answers than those who get Bs, not necessarily because they knew more than the other people.

 

[ZackieChan]

I'm just finishing up patents in my IP class, which means I have a very very very basic understanding but I may be able to point you in the right direction in terms of your research (or if nothing else, ask my professor).

As am I. I'm sure that the Patent-Gaf hivemind can help out.

 

[SD-Ness]

I started this thread years ago, wow. Funny to see it's still active. Anyway, I haven't gone to school yet - still not so sure! So here's a question for you people in LS or out of it.

I’ve been considering law school for a while now but haven’t applied yet. It’s been tough to decide. I’ve wanted to make sure my heart was in it if I decided to do it.

But I’m wondering if I’m hurting my chances the more I postpone and if I’ve already screwed myself - with respect to both school admissions and firm hiring.

Here’s a quick glance at my resume:

2009 - B.A. Philosophy (top 30 private university) - 3.68 GPA
2012 - M.A. Philosophy (same school) - 4.0 GPA

No LSAT score yet. 2 recs are good/great. Various unimportant softs.

I took a year off between these degrees to help out with a family matter - grandfather had cancer. I’m looking for a job at the moment, hopefully as a paralegal, and would do it for at least a year.

I understand the primary factors in admissions will be my undergrad GPA and LSAT score but will my M.A. and work experience help or hurt when getting into schools? I'll be applying at 25 years old.

And if I apply in the fall 2012, enter school in the fall of 2013, and graduate in 2016, I’ll be 29 years old. How do firms gauge 29 year old students? Favorably or unfavorably? Will they appreciate the M.A. degree and work experience or not care?

 

[brucewaynegretzky]

I started this thread years ago, wow. Funny to see it's still active. Anyway, I haven't gone to school yet - still not so sure! So here's a question for you people in LS or out of it.

I’ve been considering law school for a while now but haven’t applied yet. It’s been tough to decide. I’ve wanted to make sure my heart was in it if I decided to do it.

But I’m wondering if I’m hurting my chances the more I postpone and if I’ve already screwed myself - with respect to both school admissions and firm hiring.

Here’s a quick glance at my resume:

2009 - B.A. Philosophy (top 30 private university) - 3.68 GPA
2012 - M.A. Philosophy (same school) - 4.0 GPA

No LSAT score yet. 2 recs are good/great. Various unimportant softs.

I took a year off between these degrees to help out with a family matter - grandfather had cancer. I’m looking for a job at the moment, hopefully as a paralegal, and would do it for at least a year.

I understand the primary factors in admissions will be my undergrad GPA and LSAT score but will my M.A. and work experience help or hurt when getting into schools? I'll be applying at 25 years old.

And if I apply in the fall 2012, enter school in the fall of 2013, and graduate in 2016, I’ll be 29 years old. How do firms gauge 29 year old students? Favorably or unfavorably? Will they appreciate the M.A. degree and work experience or not care?

It will all likely help, some. Not a ton. In terms of getting hired by firms I think you'll be alright. I get the impression they only really care if they think they can't work you to the bone. 29 doesn't give off the "He won't hack it" vibe.

 

[AndyD]

I dont think they will care much either about your degree.

The work can net you an advantage if its something meaningful to your ultimate search. Oftentimes with paralegals you need a paralegal certificate/degree so its not as easy to get as it seems.

And what type of legal work are you thinking long term? I have engineer friends who worked in a technology transfer office before going to law school then had an easy time finding tech oriented law work afterwards. I also have friends who had a PhD in biology type fields who after law school went on to work for research firms doing licensing/patent type work.

So as long as you do work now that is geared towards your long term career, it will help. Generic law field work is not terribly important.

 

[SD-Ness]

I dont think they will care much either about your degree.

The work can net you an advantage if its something meaningful to your ultimate search. Oftentimes with paralegals you need a paralegal certificate/degree so its not as easy to get as it seems.

And what type of legal work are you thinking long term? I have engineer friends who worked in a technology transfer office before going to law school then had an easy time finding tech oriented law work afterwards. I also have friends who had a PhD in biology type fields who after law school went on to work for research firms doing licensing/patent type work.

So as long as you do work now that is geared towards your long term career, it will help. Generic law field work is not terribly important.

I want to practice in something business/finance-related. Unfortunately it's going to be difficult finding a position in that field with two philosophy degrees.

 

[Anticitizen One]

I'm beginning the process of applying to Law school but I'm not sure I understand something. Do I send all of my stuff (LORs, Transcripts, Personal Statement) to LSAC and each school accesses my info from there or do I send everything directly each school I apply to?

 

[SD-Ness]

I'm beginning the process of applying to Law school but I'm not sure I understand something. Do I send all of my stuff (LORs, Transcripts, Personal Statement) to LSAC and each school accesses my info from there or do I send everything directly each school I apply to?

You set up a profile on LSAC.org with your information. Send your LORs to LSAC. Send your transcripts to LSAC. When you're ready to apply to a school, you fill out the application(s) for that school, and attach your personal statement in the necessary section. The schools receive your information in a "report" that is easily readable for them.

 

[Anticitizen One]

You set up a profile on LSAC.org with your information. Send your LORs to LSAC. Send your transcripts to LSAC. When you're ready to apply to a school, you fill out the application(s) for that school, and attach your personal statement in the necessary section. The schools receive your information in a "report" that is easily readable for them.

Ah ok thanks. So does each school not receive my application until the full package is complete or can I submit the application and then send LSAC all of my other information at a later date?

The reason I ask is because I haven't taken the LSAT yet and am still working on acquiring some good LORs but I want to submit my application to the school early.

 

[Pollux]

Yay you're alive!!! sorry that this really doesn't contribute to the discussion at hand but I was very curious as to what had happened to the OP

 

[Para bailar La Bomba]

It will all likely help, some. Not a ton. In terms of getting hired by firms I think you'll be alright. I get the impression they only really care if they think they can't work you to the bone. 29 doesn't give off the "He won't hack it" vibe.

There was a guy in my graduating class who finished law school with a slightly higher GPA than mine (0.1) , but he was 31 at the time. He didn't get a single interview in a Top 20 firm. I got 4.

 

[SD-Ness]

There was a guy in my graduating class who finished law school with a slightly higher GPA than mine (0.1) , but he was 31 at the time. He didn't get a single interview in a Top 20 firm. I got 4.

31 yrs old when he graduated law school, i.e. Spring 3L, or 31 yrs old when he was doing OCI, i.e. Fall 2L?

 

[commish]

There was a guy in my graduating class who finished law school with a slightly higher GPA than mine (0.1) , but he was 31 at the time. He didn't get a single interview in a Top 20 firm. I got 4.

There are about 20,000 reasons a firm gives one student an offer but not a different student. I don't think I've ever considered someone's age when interviewing people at my firm, except for those who went straight through.

 

[Para bailar La Bomba]

31 yrs old when he graduated law school, i.e. Spring 3L, or 31 yrs old when he was doing OCI, i.e. Fall 2L?

I'm pretty sure he was 31 as 3L (maybe turning 32 later that year). He also had decent experience working for a State Senator for a number of years.

 

[SD-Ness]

There are about 20,000 reasons a firm gives one student an offer but not a different student. I don't think I've ever considered someone's age when interviewing people at my firm, except for those who went straight through.

What size firm do you work at & where?

 

[Bboy AJ]

I started this thread years ago, wow. Funny to see it's still active. Anyway, I haven't gone to school yet - still not so sure! So here's a question for you people in LS or out of it.

I’ve been considering law school for a while now but haven’t applied yet. It’s been tough to decide. I’ve wanted to make sure my heart was in it if I decided to do it.

But I’m wondering if I’m hurting my chances the more I postpone and if I’ve already screwed myself - with respect to both school admissions and firm hiring.

Here’s a quick glance at my resume:

2009 - B.A. Philosophy (top 30 private university) - 3.68 GPA
2012 - M.A. Philosophy (same school) - 4.0 GPA

No LSAT score yet. 2 recs are good/great. Various unimportant softs.

I took a year off between these degrees to help out with a family matter - grandfather had cancer. I’m looking for a job at the moment, hopefully as a paralegal, and would do it for at least a year.

I understand the primary factors in admissions will be my undergrad GPA and LSAT score but will my M.A. and work experience help or hurt when getting into schools? I'll be applying at 25 years old.

And if I apply in the fall 2012, enter school in the fall of 2013, and graduate in 2016, I’ll be 29 years old. How do firms gauge 29 year old students? Favorably or unfavorably? Will they appreciate the M.A. degree and work experience or not care?

Of course, your soft factors will help but I'd rather have 2 more LSAT points.

There was a guy in my graduating class who finished law school with a slightly higher GPA than mine (0.1) , but he was 31 at the time. He didn't get a single interview in a Top 20 firm. I got 4.

I doubt age is a big deal. Especially not 31.

 

[commish]

What size firm do you work at & where?

Manhattan, not a small one (i.e., couple hundred attys).

Being older is definitely not a negative. In fact, it's really helpful when interacting with clients and, interestingly enough, it's the younger junior associates who seem to complain and whine the most about hours or work demands. Totally anecdotal observation, of course. From my class year at the firm, the first people to leave were almost invariably those who went straight through. I never really realized this until I thought about it this moment, but it's true.

 

[Bboy AJ]

From my class year at the firm, the first people to leave were almost invariably those who went straight through.

This fact only means something depending on the reason they left, IMO. Did they leave for greener pastures or because they just hated working so much? I thought I read somewhere typical burnout was 5 years.

 

[PBY]

Manhattan, not a small one (i.e., couple hundred attys).

Being older is definitely not a negative. In fact, it's really helpful when interacting with clients and, interestingly enough, it's the younger junior associates who seem to complain and whine the most about hours or work demands. Totally anecdotal observation, of course. From my class year at the firm, the first people to leave were almost invariably those who went straight through. I never really realized this until I thought about it this moment, but it's true.

So can you give me a job? kidding, congrats on having a job in the city.

/onlyhalfkidding

On a more serious note, do you have any advice for a 1L who is looking to land a summer job? Just mass email? I'm Cuban so I'm currently looking at diversity programs too. I know its tough, so its not something that I'm banking on or anything, just a goal.

 

[Bboy AJ]

If you're a URM at HLS, you should be able to snag a 1L summer associate position. Definitely do those diversity programs.

Have you heard of SEO? Pretty sure these guys do it for law school, too http://www.seo-usa.org/career/internship-overviews/corporate-law

You may need to work during your 0L summer. But you'll be paid, too. At least, IIRC.

 

[PBY]

If you're a URM at HLS, you should be able to snag a 1L summer associate position. Definitely do those diversity programs.

Have you heard of SEO? Pretty sure these guys do it for law school, too http://www.seo-usa.org/career/internship-overviews/corporate-law

You may need to work during your 0L summer. But you'll be paid, too. At least, IIRC.

Thanks for the tips- im unfortunately already in law school, and not at HLS haha

 

[Bboy AJ]

What market are you targeting, what year are you, school range, and what kind of law are you interested in? I can ask around.

I thought you were the 0L headed to HLS. Oops!

 

[PBY]

What market are you targeting, what year are you, school range, and what kind of law are you interested in? I can ask around.

Sure, thanks so much:
I'm a 1L, T6 (which basically means NYU haha), broadly interested in corporate law (but im flexible, im also interested in learning more about litigation, m&a). Id love to work in NYC, but I'd honestly be fine in any market where I can find work- I have ties to Durham and Miami.

 

[Bboy AJ]

Aren't you not allowed to start searching for employment until December? Haha, oh well. If you're at NYU, you're in good shape. Just keep plugging away at those diversity programs. My friend split her 1L summer in house at 3M and at a hometown law firm and she's at a non HLS Boston school.

There are paid opportunities out there. If you do well this semester, you are basically guaranteed a spot through a diversity program.

Post again in December to remind us.

 

[PBY]

Aren't you not allowed to start searching for employment until December? Haha, oh well. If you're at NYU, you're in good shape. Just keep plugging away at those diversity programs. My friend split her 1L summer in house at 3M and at a hometown law firm and she's at a non HLS Boston school.

There are paid opportunities out there. If you do well this semester, you are basically guaranteed a spot through a diversity program.

Post again in December to remind us.

Thanks again- and yeah Dec 1 is the date; we just had a job fair so basically all we can do at this point is start building contacts and networking. Congrats to your friend btw, that isnt easy to do.

 

[Pollux]

Aren't you not allowed to start searching for employment until December? Haha, oh well. If you're at NYU, you're in good shape. Just keep plugging away at those diversity programs. My friend split her 1L summer in house at 3M and at a hometown law firm and she's at a non HLS Boston school.

There are paid opportunities out there. If you do well this semester, you are basically guaranteed a spot through a diversity program.

Post again in December to remind us.

Just curious, is it one of the B's or is it more of a local school?

Also, I met with the career service people today and they were saying that one tactic to use for your 2L summer job (I'm a 1L right now) is to email people in the field you're interested in and set up an "informational interview" and then stay in contact with them throughout the rest of your 1L year and then try and get them to put in a good word for you. Apparently it's worked for a number of people from my school (which is not a top ranked school at all outside of New England) land summer associate positions and eventually associate positions at places like Ropes and Grey and WilmerHale. (She mentioned that in the class that just graduated, out of a class of 400, 10 or so got associate positions at large firms or "Big Law" as some call it by using the "informational interview" method and then staying in touch)

 

[PBY]

Just curious, is it one of the B's or is it more of a local school?

Also, I met with the career service people today and they were saying that one tactic to use for your 2L summer job (I'm a 1L right now) is to email people in the field you're interested in and set up an "informational interview" and then stay in contact with them throughout the rest of your 1L year and then try and get them to put in a good word for you. Apparently it's worked for a number of people from my school (which is not a top ranked school at all outside of New England) land summer associate positions and eventually associate positions at places like Ropes and Grey and WilmerHale. (She mentioned that in the class that just graduated, out of a class of 400, 10 or so got associate positions at large firms or "Big Law" as some call it by using the "informational interview" method and then staying in touch)

^yo are we gonna exchange practice exams or what?

 

[Bboy AJ]

Just curious, is it one of the B's or is it more of a local school?

One of the Bs.

I think networking is helpful but it won't land you a job at a V100. It'll definitely help you learn of more opportunities, though. And it very well may get you a job for a smaller firm. But most of the associates at the V100 firms you'll keep in contact with as a 1L have no power.

 

[Pollux]

One of the Bs.

I think networking is helpful but it won't land you a job at a V100. It'll definitely help you learn of more opportunities, though. And it very well may get you a job for a smaller firm. But most of the associates at the V100 firms you'll keep in contact with as a 1L have no power.

I was talking about the senior partner and alum who likes helping 1L's...which is who I was referred to by the career services dept. when I mentioned what I want to get into and why and I actually mentioned that guy by name because he worked on an deal and my dad was one of the consultants on the opposite side of the deal (dad's an IT guy and was advising for that aspect of the deal). When I mentioned that the career services people were like, yea do it.


And we can exchange practice exams whenever you want. Our Contracts prof. gave us one today and considering I haven't put any crazy amount of studying into it I did pretty good. Based on the answer sheet he gave out after class I would have probably ended up with a B+ according to his grading scale. I'll take that without having studied. By December I'll know that stuff cold.

I can post my practice Crim exam on here, my prof's scenario's are hilarious.

 

[Bboy AJ]

Oh yeah, a senior partner is definitely a channel. Work it.

 

[Angry Grimace]

Pro-tip: No matter what school you attend, Harvard to Cooley, your career services department sucks and is mostly useless.

1Ls always make me laugh at how much the underestimate how much curves will bitchslap them into getting B-'s. We had a set of 1Ls last year go to Vegas prior to 1st term finals, and all of them uniformly failed out of the school entirely.

 

[Pollux]

Pro-tip: No matter what school you attend, Harvard to Cooley, your career services department sucks and is mostly useless.

1Ls always make me laugh at how much the underestimate how much curves will bitchslap them into getting B-'s. We had a set of 1Ls last year go to Vegas prior to 1st term finals, and all of them uniformly failed out of the school entirely.

Agreed but they give great format's for resumes. And I don't know if everyone uses it or not, but Symplicity is pretty neat.

EDIT: Yea, I just meant before any curve. I'm aware that it's going to be a pain in the ass. But all you can do is just know it and go in, write what they want, and hope for the best. I think.

Oh yeah, a senior partner is definitely a channel. Work it.

Yea. Hopefully he's as willing to meet with 1L's this year as he's been in previous years. But there are other option's as well, so if he can't then it's not the end of the world. Emailing him asking for a bit of his time to talk about his field next week, hopefully I can meet with him before X-mas, but if not I wouldn't be surprised.

Then we have OCI for government and public interest internships in January. So there are still plenty of options.

 

[Angry Grimace]

Agreed but they give great format's for resumes. And I don't know if everyone uses it or not, but Symplicity is pretty neat.

EDIT: Yea, I just meant before any curve. I'm aware that it's going to be a pain in the ass. But all you can do is just know it and go in, write what they want, and hope for the best. I think.

It's fairly important to know what your professors want in an essay response. People are often dismayed to find they pulled C-'s for not following IRAC because they believed it was a suggestion. Even if some professor doesn't care about IRAC, the fact is, there ARE quite a few who are super anal and will bust your ass for not using it.

I lost 10 points on a property exam once for not doing an introduction.

 

[Pollux]

It's fairly important to know what your professors want in an essay response. People are often dismayed to find they pulled C-'s for not following IRAC because they believed it was a suggestion. Even if some professor doesn't care about IRAC, the fact is, there ARE quite a few who are super anal and will bust your ass for not using it.

I lost 10 points on a property exam once for not doing an introduction.

Are you serious? Almost all of my profs except for the legal writing basically told us they don't give a damn about format they just care about content.

And we don't even use IRAC lol. CREAC is the way to go baby

Crim is the only one who gave us a format but it's basically

Overall Rule (e.g. Homicide) - Actor

Prosecution says Actor is guilty of Murder because x, y and z (elements of murder). Pros. says Actor showed/was purposeful (x) when *insert facts*. Defense response. etc. through all elements of the rule.

How this result is the same/different in a Model Penal Code jurisdiction.

Overall Rule 2 (e.g. 2nd Homicide) - Actor

Rinse and repeat.

EDIT: Now that I'm thinking about it, I'm CREACing every fucking legal rule for every actor on all my exams. as you said, no point in taking chances.

 

[PBY]

I don't have Crim, but I would love to do some practice Civ pro tests..

 

[Pollux]

I don't have Crim, but I would love to do some practice Civ pro tests..

I can post the one he gave us from a year or so ago if you want. Does anyone have objections to posting practice questions?

 

[Byakuya769]

Law school gaf, I'm supposed to be writing a memo, but GAF is incredible tonight. Can someone arrange for downtime tomorrow? I need to be productive, so I can get some work this summer.

 

[PBY]

Law school gaf, I'm supposed to be writing a memo, but GAF is incredible tonight. Can someone arrange for downtime tomorrow? I need to be productive, so I can get some work this summer.

Scheduled downtime begins Friday, November 18th at approximately 23:00 GMT (6pm EST) and is estimated to last at least 15 hours. For status updates when something inevitably goes terribly wrong, check @NeoGAF on Twitter. See thread for details on new features: http://www.neogaf.com/forum/showthread.php?t=452106

 

[Byakuya769]

Scheduled downtime begins Friday, November 18th at approximately 23:00 GMT (6pm EST) and is estimated to last at least 15 hours. For status updates when something inevitably goes terribly wrong, check @NeoGAF on Twitter. See thread for details on new features: http://www.neogaf.com/forum/showthread.php?t=452106

You're a life-saver!

 

[Pollux]

Since there are no objections...Civ Pro Exam:

ONE HOUR

Vicaro was an estimator for Partlett Construction Company, a company engaged in road construction. His job was to look at jobs on which Partlett wants to bid, and estimate the cost of performing the job. To assess these costs, he had to visit work sites, to be familiar with the type of work needed on all construction jobs.

Partlett Construction is incorporated in Kentucky, and has its central offices there.
Twenty-five percent of its revenue is from jobs in Tennessee, twenty percent from Kentucky, and the rest is scattered among five other states, including North Carolina (four percent).  Partlett has no office in North Carolina.

One day Vicaro was visiting a Partlett construction site in North Carolina when a crane . collapsed nearby. Debris was thrown from the crane's load and Vicaro was hit, wrenching his
back and breaking his arm. The crane was a Marathon 240, purchased by Partlett Construction from Marathon Company, a Canadian manufacturer with its principal place of business in Canada. Marathon had shipped the crane to Partlett in Kentucky. However, because it does business regularly with Partlett, it was aware when it sold the crane to Partlett that Partlett uses its cranes in various southeastern states, including North Carolina. Marathon has sold three cranes to other customers in North Carolina over the past six years.

Prior to the accident, Vicaro had lived in Tennessee for ten years.  However, as a result of his injuries, he finds it difficult to drive long distances, so he rented a room near the office, in Kentucky, and has been staying there. He hopes that his back will improve, so that he will be able to return to his apartment in Tennessee. His back has improved somewhat, but it is unclear whether it will improve sufficiently for him to tolerate the long drives.

Five months after the accident, Vicaro brought suit against Partlett (assume he is not covered by the workers compensation act) for negligence.  He alleged that Partlett's supervisor had advised the crane operator, in Kentucky, that the crane would support loads of 90,000 pounds, whereas its actual capacity was 40,000 pounds, and the extra weight caused the crane to fall. He sued Marathon in the same action for negligent construction of the crane. The suit was filed in state court in North Carolina, seeking $100,000 in damages. Marathon removed it to the federal district court for the District of North Carolina. After removal, both defendants filed motions to dismiss for lack of personal jurisdiction. Two months after removal, Vicaro moves to remand the action to state court, on the ground that the federal court lacks subject matter jurisdiction and that Partlett did not join in the removal petition.

Please explain how you would expect the court to rule on defendants’ motions and on Vicaro’s. Explain your reasoning fully. Assume that the North Carolina long-arm statute authorizes jurisdiction based on “committing a tortious act within this state,” and “transacting business in this state.”

And

CLOSED BOOK - ONE HOUR

Turzek grew up in Massachusetts and went to college in Florida. It was a great time, but alas, he finally graduated, and had to face the hard cruel world and start paying off those student loans. He returned to his parents' home in Massachusetts and began applying for jobs all over the country. He searched a bunch of web sites, and found a job search site, AllJobs, that had a listing from Holmes Software Company, in Putney, Vermont. He called AllJobs, which sent him an application for the Holmes job, to be returned directly to Holmes Software. The application asked for a reference from a college computer programming instructor. Turzek was reluctant to ask Professor Grinch, his programming professor, for a reference, because he had had a run-in with Grinch over his final project in Grinch's course. But, having no choice, he called Grinch. After some good-natured joking about the cold weather in Massachusetts, he asked for the reference, and surprisingly, Grinch agreed to furnish one.

Holmes Software is a company incorporated in New York with its offices in Vermont. However, it doesn't actually write much software; it solicits jobs from businesses and subcontracts most of its programming work to hungry graduate students at Harvard and M.I.T., in Massachusetts, who perform the work as independent contractors. It provides software programming for about fifty clients nationally. In the last three years, it has done four medium sized jobs for Massachusetts clients.

A week later Quinones, Holmes's vice-president, e-mailed Turzek, inviting him up to Putney for a hurry-up interview. The e-mail said if he was serious he should bring some clothes, in case they asked him to stay and start work immediately. (That's the way the software business was in those days!) Holmes had just received a large contract and needed entry level programmers. Turzek headed up there the next day, had a strong interview, and they asked him to start work the next day. He was told to come back in the morning, sign the contract, and start work. He would work in Putney, at a salary of $50,000, on a one-year contract, which would be renewed if things worked out and they continued to get the work.

Turzek, delighted, checked into a motel and arrived the next morning ready to go. However, the atmosphere had changed dramatically overnight. The previous afternoon Quinones had received Grinch's "recommendation" letter, and it weren't pretty. It described in detail Turzek's failure to comply with course deadlines, and the "wretched programming" his final project exhibited. Quinones informed Turzek that the offer was revoked.

Turzek returned home, but he still wanted the job.  He consulted a lawyer, to see if he could sue to get the job back. The lawyer told him that the court was very unlikely to grant specific performance -- an order for Holmes to fulfill its contractual promise to hire Turzek -- but
that the. suit itself might put enough pressure on Holmes to make the company reconsider..

Turzek decided to sue; he brought suit against Holmes Software, Quinones and Grinch (a Florida citizen) in Massachusetts Superior Court. He alleged breach of contract against Holmes Software and Quinones, (a Vermont citizen) and sought both specific performance and damages. He sued Professor Grinch for defamation, seeking damages only.

Professor Grinch responded by moving in the state court to dismiss for lack of personal jurisdiction. Holmes Software and. Quinones filed a notice of removal to the federal district court for the District of Massachusetts. After removing, they filed a motion to dismiss for lack of personal jurisdiction in the federal court. Turzek moved to remand the case to state court on the ground that the federal court lacked subject matter jurisdiction.

Please discuss the procedural issues raised by the suit and the defendants' responses, and how you would expect the court to resolve them. Explain your reasoning fully. Assume that all relevant long-arm statutes are like California's, authorizing all constitutionally permissible exercises of personal jurisdiction.

 

[SD-Ness]

Since there are no objections...Civ Pro Exam:

Hmmm. Compared to the LSAT, these look kind of fun. Am I crazy or do people agree? Of course, when it counts for a grade in your course, it's probably less fun. But still. This makes the LSAT look strange.