Thursday, June 02, 2005


That's what I got on my last question set. Except two of them were stupid mistakes, so I like to think it was really 75%, because the Bar Examiners will get that's what I meant, right?

I'm getting some of them wrong because I'm always conflicted as to what a "material term" is when merchants are making offers and acceptances. I know you have to decide whether they intended to make a K and then whether or not the additional term is included, and I know the UCC rule that it is included unless it's material or the offeror objects, but I'm still getting them wrong. Is limiting liability a material term? Apparently so. Is changing the delivery terms material? Apparently not. But I keep guessing the wrong one. Sigh.

I'm also getting the third-party beneficiary q's wrong, but we still haven't covered that in lecture, so I won't worry until I'm getting them wrong tomorrow night.

P.S. By "nosebreather," I meant someone who loudly breathes, sighs, and laughs through their nose. I realize now the term is a little unclear since we all, you know, breathe through our noses.

P.P.S. Maisnon - I might have to ask you to turn around, because I'll only recognize the back of your head! :)


At 12:51 AM, June 03, 2005, Blogger shell said...

Don't worry. If all else fails, you can always guess the opposite of the ones your intuition tells you to pick.

At 9:49 AM, June 03, 2005, Blogger Heather said...

Using my "intuition" on law exams has been a trying experience. I used to be one of those people who did well on standarized exams because I was a good educated guesser. But law examiners expect that most people who go to law school are such people and deliberatly write questions that make us to question our intuition. So my thought process goes like this, "It's choice A. Wait, that's a trick, it's B. Wait! What if?? Ahhh!"

Like the multiple choice question where all the answers are wrong, but you have to pick the "best" wrong one. Wtf? When I get it wrong (I mean, pick the incorrect answer), I can't even make a flashcard with a "rule" because the back would say, "except, this defense would actually never work, so forget it."

It's all part of the vast law school conspiracy to confuse reality with what examiners establish as "reality."

At 10:02 AM, June 03, 2005, Blogger maisnon said...

Heather, we are IP question twins! I also got 69.4% correct. Made me feel a lot better, since I managed to get a whopping 5 (FIVE) right out of the 17 questions on the Contracts drill.

I'm having the same problem with the questions - I'm overthinking each answer b/c I'm realizing the Bar examiners are on to me - they know how I think! Freaking annoying.

At 9:09 PM, June 09, 2005, Anonymous eve said...

Oh, no, not more nose-breathers. I have a nose-breather in my life too. What's the deal?

At 3:59 AM, June 12, 2005, Blogger Roonie said...

Good job. My Contracts ones have been in the 50s :(


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