Entry 15-01.27.26 in Book Two: The Fifteenth Year of the Third Millennium of the Common Era

As my mother would sing, “Oh what a beautiful morning, oh what a beautiful day.”
Last night… may not have been smart for me to skip jogging in order to study more. Because I didn’t fall asleep until 4 am. And I had to get up at 7 to go into work to cover a court shift. But y’know what? The court shift kind of put an amp in my step so… if I can keep that going and stay on target today… could very reasonably be a good day!

8:00 am
Work @ Corrections’ Court House. Absence makes the mind less jaded. It had been so long since I’d done my job that I didn’t approach it with the usual malaise and disinterest today. I was professional (as always) but conducted myself like a proper attorney. Considering that the job doesn’t require Trial Behavior or Legal Knowledge or a brain of any kind… the judge and attorneys commented on how it was nice to have me back, if only temporarily.

10:00 am
Grocery Store! Granted the wife works at Wal Mart and can pick up stuff whenever (as she is planning to do tonight, anyway); this Bar Study has made me even more constantly thirsty than ever. Considering I am always thirsty, this has manifested as a feeling of constantly more than thirsty! So… I went to the store to pick up provisions to assist in keeping me juiced/watered/soda’d up. HERE’S the thing and incontrovertible evidence that the Bar Study has consumed my brain. I am doing the self-check out at the store and paying by debit. Have you ever paid by debit? At some point in the transaction, the machine asks “Amount Okay?” Yeah… my brain didn’t auto select yes, like a normal person. My brain instantly switched over into Civil Procedure Analysis which declares a cause of action cannot be removed to Federal Courts unless the Amount In Controversy is over $75,000. So “amount okay” instantly triggered Civil Procedure Analysis mode. Ha ha, okay, whatever… silly brain. But on the way out of the store, one of the attendants noticed I didn’t use plastic bags and rushed to put a sticker on my Gallon o’ OJ that said “Thank you for thinking of the earth. Reduce reliance on plastics.” Yeah… my brain said The earth is not an intended beneficiary of my actions as my actions were based upon personal convenience. Therefore, as an incidental beneficiary to my actions (were they contractually mandated), if I were to suddenly change my mind, the earth would have no cause of action to prevent me from bagging my gallon. In the words of Janice Litman Goralnik (née Hosenstein): “Oh. My. God.”

Upon arriving home, before I even put the groceries away, I had received a text message from one of my friends that is also studying for the bar. Just asking how I was doing. I responded that I was doing okay, studying a lot this week in anticipation of the Mid Term, but over all okay. He was not. He is freaking out about being behind and specifically said, “I just want this nightmare to end.” Even though he has always done better than me on exams and grades… this is just who he is. That being said… yeah. The last three weeks of Bar Prep are like this. You do your MAX Studying, trying to understand any minute differences between a 12(b)(3) motion and a 12(b)(4) motion… but you are also so ready to be done studying that you almost don’t even care if you pass or not… just getting to that sweet point of release is the goal. I let him know that next week we’d have to carve some time out to grab a drink or something… just… have something in our lives for a brief moment that wasn’t Bar Focused!

11:08 am
Lunch (sandwiches and sodas) and Civil Procedure Video & Check Point Quiz.
Civil Procedure has never been a graded portion of the MBE before (but it should have been) so I am interested in seeing how my Check Point Score and other quizzes compares to the Bar Proper Score. The Civ Pro video is over four hours… guh! What an awful topic to genuinely have such a long video! But if I push through… today could be a very good, very productive day!
Check Point Score: 45%..... for what that is worth, especially added to some of the other scores… I know (and look forward to) really cranking out legitimate STUDY focused items next week as opposed to information gathering items.

3:30 pm (done during Civ Pro Video… if the video is going to go this long because the presenter wishes to add personal commentary every sixteen seconds, I can’t be held responsible)
While I was working on this video/quiz, I was contacted about the essay I finished yesterday. My official grade was: Demonstrates Fundamental Deficiencies… which translates into a failed essay were it a true Bar experience. One of the primary elements that I messed up was basic formation of the essay. In legal work, we are supposed to use something called IRAC or CREAC (depending on complexity of the issue.) I… uh… didn’t. I didn’t use that. So… significant points knocked off for that. Second… there were three fundamental issues I was supposed to pin point and each issue is assigned 4 points.
Analysis
Issue 1: Was there consideration for Resident’s promise to pay toward the cost of Sam’s program?
Score: Stating the Issue- .25; Stating the Rule- .5; Proper Analysis- .25; Proper Conclusion- 1.
Issue 2: Will the theory of promissory estoppel allow Sam to enforce Resident’s promise?
Score: Stating the Issue- .5; Stating the Rule- 0; Proper Analysis- .5; Proper Conclusion- .25.
Issue 3: Did a material benefit to Resident create moral consideration for his promise to pay>
Score: Issue missed by applicant
Summary
Use IRAC to help organize analysis. Begin with an issue statement that will direct the flow of the analysis. Next, state the relevant rules of law and any applicable elements, factors, definitions, or exception to the rule. In the application paragraph, use specific facts in the essay, such as important dates, figures and descriptions. End your analysis with a short conclusion statement.
Application Issues
You demonstrate an understanding and ability to analyze the facts of a specific essay prompt in accordance with the applicable rule. Avoid adding in excess facts or information that does not support the specific issues that you have raised in your issue statement.
Grader Commentary
Before you start writing, make a list of theories. For each of these theories give a clear and distinct IRAC analysis as to whether or not Sam can recover. In your essay, you go from one theory to another and back again with no structure or clear definition of what is relevant. Review the sample answer to better understand appropriate organization and clarity in your writing.

So… what that says to me? Kind of what I knew in the first place… I know what I’m talking about, I know how to communicate it, but I don’t know how best to communicate it in a professional and legal manner… because my experience has largely been Clients & Victims instead of Senior Partners and Associates. So… I suppose, I just really need to practice my professional writing elements!!

4:30 pm
Thank You Letters, Post Office, Jogging, Shower, food and… yeah, maybe/probably some relaxation. Relaxation in the form of video games (which I haven’t played in longer than normal) and in a good wank (something else which I haven’t done in far longer than normal). Perhaps all that relaxation was too much considering how much time it ate up but… all work and no play, eh?

8:30/8:40 pm
I started the Torts Video, but my wife should be home any minute now. I know she’ll want to watch Face Off when she comes in and it would be good to at least spend an hour watching a television program with her. Though, as history would suggest, I’ll likely be writing on PB or cruising Facebook while watching the TV show. I figure it’ll be okay. But afterwards… back to the Torts video! It is another one of these 4 Hour + affairs, so I’ll not likely finish the entire thing this evening. But the judge tomorrow is usually lightening fast, so I’ll get to put 3 hours back in to my schedule… all-in-all, it could easily just be a wash. Not quite as good as getting ahead but much better than getting behind.

All of this just reminds me of why the schedule modifications I made were for the best and why I want to push through the video learnings. Having all of the pertinent information available is time consuming… but if I have the right information in front of me; it’ll help me create study materials and work through the part of Bar Prep that focuses mostly on actual PREPARATION. Like memorizing statutes and working on application… making flash cards and drilling them for hours… painstakingly writing thousands of pages worth of outlines by hand.... practice exams,,,, the actual studying part!