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1. GRADING
The system of grading varies considerably from law school to law school, so it is difficult to be specific about what you will experience. A few generalizations can be made, however.
In most first-year law school courses, your grade will be based primarily, if not exclusively, on your final examination answer. Some professors will give some weight to your class participation or to a mid-term exam that might be given. You should ask your professor to clarify the basis for your final grade in the course.
Law schools want to ensure that grading is impartial. As result, most, if not all, law schools use a blind system of grading so that a professor will not know the identity of the student when giving a grade to an exam answer. You will be given an exam number to write on your examination blue book, and that number will be used to assign the grade to you. The professor normally will be told the students' identities and grades after the grades have been made available to the students.
In some law schools, records are not kept for grades that are given in the first semester of the first year. The purpose of such a policy is to give all the students some time to learn the skills of critical analysis and of writing law exams before their permanent law school academic record is established. Before the school year begins, you should investigate your school's policy.
You continually should keep in mind that the primary objective of the first year of law school is to learn the skill of legal analysis-of "thinking like a lawyer." This skill is learned by studying judicial opinions in several broad conceptual courses in the first-year curriculum. In addition to developing the critical analytical skills, you will be expected to learn fundamental principles in these substantive areas. These broad principles will be foundational for much of the rest of your law school courses.
The Property course covers the law's protection of possession and ownership of real and personal property. Much of American property law is derived from the English system,* which evolved over hundreds of years. Topics include:
Role of sovereign in defining property rights. Who determines legal ownership of property? To what extent may property rights be created and diminished, and by whom? These threshold questions are often addressed at the outset in Property courses.
The estate concept. Common usage of the term "estate" conjures up notions of deceased rela-tives. In legal parlance, "estate" has a much broader meaning and refers to the right, title, and interest a person holds in a given piece of property. The nature of one's estate in property depends on the nature of its acquisition, its limitations, and other factors.
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Future interests. If a person holds a future interest in property, that person does not have the right to possess and enjoy that property yet but may in the future. There are many varieties of future interests, each offering an assortment of characteristics, requirements, and consequences. You will learn them all.
Rule Against Perpetuities. The Rule Against Perpetuities (affectionately referred to as "RAP") is the source of much confusion and befuddlement for many law students. It is actually part of the law of future interests and works to limit the power of a deceased owner to control the use of property at points too remote in the future.
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Concurrent estates. When two or more people have the right to possess the same piece of property, many issues arise. What happens if one of them dies? May the interest be willed to another against the wishes of the survivor? May the interest be sold? What is the value of each interest individually? The law has established several forms of concurrent ownership, each of which results in different answers to these and other questions. Many Property courses consider concurrent ownership issues in the context of the marital relationship.
Real property conveyancing and financing. Most Property courses provide an introduction to the basic principles of conveyancing and financing real property.
3. TORTS
What is a tort? The Torts course examines various types of wrongs that violate the legal rights of another and for which damages (usually, money) can be obtained. Tort law is almost entirely common law-based, so the course will examine the evolution of tort law through numerous case opinions. Torts come in many varieties, including:
Intentional torts. The intentional torts are battery, assault, false imprisonment, infliction of mental distress, trespass to land, trespass to chattels, and conversion. For each of these torts, certain elements must be proved. Conversely, each of these torts allows for certain privileges and defenses.
Negligence. Even unintentional but harmful actions may result in liability. Like intentional torts, the law of negligence requires the establishment of certain elements. Defense of a negligence claim requires the establishment of certain privileges and defenses.
Additional topics often covered include imputed negligence, strict liability, products liability, nuisance, defamation, and privacy.
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