First off, here is my official shout out to some people you said they'd be reading my blog. Meghan and Stephanie. My law school peeps! woot! haha
Anyways, I'm just a little over 4 hours apart from my third law school midterm, my fourth and last being tomorrow afternoon at 1pm. It is quite the experience when you learn that your midterms in law school, which in fact aren't common since most other law schools in the US do not require midterms, are held on the weekend. I've never had to take midterms on the weekend in any part of my life. I can honestly say that the amount of work I have done in the past 7-8 weeks in law school are equivalent to 3+ years I did in undergraduate at UCI. It is sad and yet, I am proud of myself that I have committed myself to this cause and am working as hard as I am.
As I have been studying for these midterms this week, I keep reminding myself not to get caught up in the stresses of these test and anticipation for my performance. I have to keep in mind of the big picture. I am learning the process of thinking and writing like an attorney. I'm learning what makes a contract and what constitutes a homicide under the MPC and under Common Law. I shouldn't be so overwhelmed and caught up in getting the best grades and whatnot because the end game is passing the bar. Obviously if I understand the concepts and materials, I should be fine in terms of grades, even if the whole class is curved. My understanding will exude itself into my exams. Hopefully I am able to actually write my knowledge out into the format required by each professor. We will find out shortly.
I am enjoying myself at law school even through these tormenting times of studying for midterms on a weekend where it is gorgeous outside. Sunny San Diego and it would be unwise to spend my time outside soaking up the sun and all San Diego has to offer while I should be inside preparing myself to explain what creates a contractual duty from one person to another.
For the sake of studying...
"One basis to create a contractual duty includes mutual assent and consideration. Mutual assent is the showing of that both parties have reasonably expressed their agreement to common terms of a bargain. It is objective and accounts for what a reasonable persona may say or understand. Mutual assent is satisfied when two party's agree and both sign a formal document. In the absence of the formal document, the alternative is to evaluate offer and acceptance to satisfy mutual assent.
An offer is the manifestation of willingness to enter into a bargain so may to justify an understanding that his assent to that bargain is invited and to conclude that bargain. An offer requires: an expression by the speaker that must identify a bargain to the addressee, the speakers expresses the present willingness to be bound by the terms of the bargain, and the speaker must invite the assent of the addressee in the manner which the addressee understands that his assent to the bargain is all that is needed.
An acceptance is an expression by the addressee that manifests their unequivocal assent to the terms of the bargain in a manner that is invited or required by the offer. An acceptance requires: an expression by the addressee, their unequivocal assent, and in the manner that is invited or required by the offer."
Yeah, that just happened. I just explained to you what mutual assent is. if you stick around long enough, I may explore to consideration... ha.
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