IN CASE A PROFESSOR OF LAW FAILED TO INFORM HIS STUDENT IN HIS GRADING SYSTEM, IS IT THE OBLIGATION OF THE STUDENT TO ASKED THE SAID PROFESSOR?
yep, i came across that case in our Legal Ethics. i certainly agree with what you said. in fact, all those arguments were raised during our informal talk with our Dean. but sad to say that they've never given us the chance to redeem ourselves. we even raised the notion that "if they (teacher & dean) believe that we are stupid then by all means give us a removal so that we will see whose right or wrong."
i also believe that that obligation is on the teacher to inform the grading system. but with the reply of our dean, it would seem that the absence of the teacher to inform the student of his grading system it is construed against the student. wtdfck!
FYI: the teacher who flunk us in our review class only handled our endterm. the prelim and midterm was handled by another teacher who gave us our grades using the correct method of computation of grades.
It did not move me to stop my law school. Now, I'm a practicing litigation lawyer. My TOR may not be a good one because of my failing marks. What matters most is you passed the bar. I have classmates who are dean's listers but did not make it to the bar.
Good luck on your studies.
what made us oozing with anger was that fact that we were not given due process. patent injustice was done to us! and that was thru grave abuse of discretion.
the funny thing was, during the informal talk with our dean, "penersonal" nya ang talk at he asked my classmate, "do you believe you can pass the bar?" my classmate replied: "of course, sir." he replied: if you can pass the bar, then lets see if you can answer me, question is, how do you perfect the contract of correspondence?" my classmate, fortunately, substantially answered his question correctly.
my point is, why do we have to resort to that kind of points/questions well in fact that's beside the point? lets go back to the issue of whether or not our professor was correct to use the method of computation? that's the only issue!
moreover, the irony was after that q&a from our dean, that classmate of mine asked him "sir, what is tort?" to our surprise, our dean was mum. he couldn't answer that is why he just said, "here we g again." (fcku!!!)
as ive told my classmates, article 19 of the new civil code, as amemnded, states that "Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith."
I rest our case.
@ lawdesign: your words are inspiration to us. may the good Lord shine a light on you and bless you in your practice of law.
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