Navigating Law School: Mid-September Challenges and Staying Motivated

1. ELEMENTS B1 & B2POWER POINT SLIDES Class #14: Friday, September 16, 2015 National Cinnamon Raisin Bread Day

2. Music: Tchaikovsky, Symphony #4 (1880)Recording: Berlin Philharmonic (2003) Conductor: Von Karajan B2 Lunch Today Meet on Bricks Immediately After Contracts Altobello * Berman, J. Dubberly * Dudley * Morejon Ramelize After Class Today: I’ll Post Updated Assignment Sheet for Rest of September to Better Reflect Where We Are at End of Today’s Classes

3. One Month Into Law School: Three Things to Think About • September Fog • Calisthenics • A Thousand Words

4. The Rhythm of the First Year • Same at Every School Where I’ve Taught • Same Every Year But One Since 1988

5. The Rhythm of the First Year Three Typical Fall Semester Low Points: • Mid-September • Mid-October • Mid-November

6. The Rhythm of the First Year:The Mid-September Crisis You Have Never in Your Life Worked So Hard for a Whole Month Without Feeling on Top of Things!!! Common to Start to Worry That …

7. The Rhythm of the First Year:The Mid-September Crisis I’m the Stupidest Person Here & They Let Me In By Mistake

8. The Rhythm of the First Year:The Mid-September Crisis KEEP IN MIND: • We’ve Already Discussed: • You’re Learning New Language by Immersion

9. The Rhythm of the First Year:The Mid-September Crisis KEEP IN MIND: • We’ve Already Discussed: • You’re Learning New Language by Immersion • Perception of “Hard” v. “Easy” Questions

10. The Rhythm of the First Year:The Mid-September Crisis KEEP IN MIND: • Learning New Language by Immersion • Perception of “Hard” v. “Easy” Questions • Nature of Socratic Method: Profs Control Discussion & Decide What’s “Relevant”

11. The Rhythm of the First Year:The Mid-September Crisis KEEP IN MIND: • Second Year Students (No Secret 1L Graveyard)

12. The Rhythm of the First Year:The Mid-September Crisis So Let Yourself Believe the September Fog is Normal and Nearly Universal

13. The Rhythm of the First Year:The Mid-September Crisis Almost All of You Will be Worried About Something Else in Mid-October!

14. The Rhythm of the First YearThe Mid-September Crisis • Uranium • Radium • Oxygen • Krypton

15. One Month In: Three Things to Think About • September Fog • Calisthenics • A Thousand Words

16. The Rhythm of the First Year & Elements Common Mid-September Concern: This class is fun and all, but does any of this really matter?

17. The Rhythm of the First Year • Same at Every School Where I’ve Taught • Same Every Year But One

18. FALL 2001

19. FALL 2001 Pierson v. Al-Qaeda????

20. The Rhythm of the First Year & Elements Analogy to Calisthenics

21. The Rhythm of the First Year & Elements Analogy to Calisthenics • Apply Language of Case to New Facts • Compare Facts of Case to New Facts • Apply Policy Concerns to New Facts • Identify Key Similarities & Differences

22. The Rhythm of the First Year:The Mid-September Crisis KEEP IN MIND: • Analogy to Calisthenics: You Are Starting to Use New Muscles, So You’ll Be a Little Sore

23. One Month In:Three Things to Think About • September Fog • Calisthenics • A Thousand Words

24. The Rhythm of the First Year Staying Motivated

25. The Rhythm of the First YearStaying Motivated Fall 2014: Ray Rice, the Elevator Videotape & the Failure of Words

26. The Rhythm of the First YearStaying Motivated Storytelling Will Be Your Responsibility

27. The Rhythm of the First YearStaying Motivated Storytelling Will Be Your Responsibility • Development Project

28. The Rhythm of the First YearStaying Motivated Storytelling Will Be Your Responsibility • Development Project • Parental Rights

29. The Rhythm of the First YearStaying Motivated Storytelling Will Be Your Responsibility • Development Project • Parental Rights • Environmental Partnership

30. The Rhythm of the First YearStaying Motivated Storytelling Will Be Your Responsibility • Development Project • Parental Rights • Environmental Partnership • Less Visible Assault

31. The Rhythm of the First YearStaying Motivated Storytelling Will Be Your Responsibility • Development Project • Parental Rights • Environmental Partnership • Less Visible Assault Remember the Client Who is Waiting for You

32. Back to Work!!

33. Manningv. Mitcherson Introduction: Uranium: DQ 1.43 & Start of Brief Radium: DQ 1.44

34. Manningv. Mitcherson Once Upon a Time in a small town in Georgia there lived Two Canary Birds …

35. Manning v. Mitcherson • “Sweet” lived with Mrs. Mitcherson • [“Sour”] lived with Mr. & Mrs. Manning • Looked almost identical • Same parted crest • Both escaped

36. Manning v. Mitcherson • “Sweet” lived with Mrs. Mitcherson • [“Sour”] lived with Mr. & Mrs. Manning • Both escaped

37. Manning v. Mitcherson • One of the escaped Canary Birds flew into Mr. Brown’s kitchen. • Mr. Brown gave it to the Mannings. • The Mannings refused Mrs. Mitcherson’s request for the bird. • Mrs. Mitcherson sued.

38. Manning v. Mitcherson:DQ1.43: Uranium(What’s at Issue?) The parties initially disagreed as to whether the bird found in Brown’s kitchen was “Sweet” or “Sour.” Whose version of the facts did the magistrate accept?

39. Manning v. Mitcherson:DQ1.43: Uranium (What’s at Issue?) • Magistrate/Justice of Peace Rules in Favor of P Mitcherson. • Ga SCt.: “The answer of the ex-officio justice of the peace in this case, the same being a certiorari and no traverse thereof, must be taken as true, ...” “no traverse thereof” Means here?

40. Manning v. Mitcherson:DQ1.43: Uranium (What’s at Issue?) “The answer of the ex-officio justice of the peace in this case, the same being a certiorari and no traverse thereof, must be taken as true, ...” • “no traverse thereof”  no objection/rebuttal made • Answer must be “taken as true “ = Justice/Magistrate’s factual findings not Q’ed. • “Taken as true” about facts not law • Ga SCt wouldn’t defer to legal holding of Magistrate

41. Manning v. Mitcherson:DQ1.43: Uranium (What’s at Issue?) • Justice’s answer must be “taken as true “ = Justice/Magistrate’s Factual findings not Q’ed. So what are facts for purposes of the case?

42. Manning v. Mitcherson:DQ1.43: Uranium (What’s at Issue?) • Facts for purposes of the case = • Plaintiff’s Version = • Canary in Browns’ Kitchen was “Sweet” So What is Defendant’s Legal Claim on Appeal?

43. Manning v. Mitcherson:DQ1.43: Uranium (What’s at Issue?) Defendant’s Legal Claim • Not “It’s My Bird” (No Traverse) • Not “It Was Never Her Bird” (Years In Cage) • Must Be: “She Lost Property Rights When It Escaped”

44. Manning v. Mitcherson:BRIEF: Uranium STATEMENT OF THE CASE: • Mitcherson … ? • sued Manning, … • [theory of case] • [remedy requested]

45. Manning v. Mitcherson:BRIEF: Uranium STATEMENT OF THE CASE: • Mitcherson, original owner (OO) of escaped canary • sued Manning, … ? • [theory of case] • [remedy requested]

46. Manning v. Mitcherson:BRIEF: Uranium (STATEMENT OF THE CASE) Mitcherson, OO of escaped canary sued • Manning, who was given the bird by its finder, • [theory of case] = under a “possessory warrant” (= summary action for return of personal property) • [remedy requested]

47. Manning v. Mitcherson:BRIEF: Uranium (STATEMENT OF THE CASE) • Mitcherson, OO of escaped canary sued Manning, who was given the bird by finder, • under a possessory warrant • not “conversion” b/c not asking for $$ • not crazy to say “replevin” but poss. warr. appears to be its own cause of action in Ga. • [remedy requested]?

48. Manning v. Mitcherson:BRIEF: Uranium (STATEMENT OF THE CASE) • Mitcherson, OO of escaped canary sued Manning, who was given the bird by finder, under a possessory warrant … • For return of the bird. (Sweet!!)

49. Manning v. Mitcherson:BRIEF: PROCEDURAL POSTURE • After a trial, the magistrate awarded possession to the Plaintiff. … Need to include “After a trial” to clarify not decided: • on pleadings (like Pierson) • on Directed Verdict (like Liesner & Shaw)

50. Manning v. Mitcherson:BRIEF: PROCEDURAL POSTURE • After a trial, the magistrate awarded possession to the Plaintiff. • Defendant brought a writ of certiorari to Superior Court, which affirmed [by dismissing the writ]. • Defendant “excepted” [appealed].