72).-THE PAPER CHASE II a

FABIOLA DEL PILAR GONZÁLEZ HUENCHUÑIR

All from Harvard,

all good jobs.

I give them a little lecture

before each exam.

They go out and take it

on their own.

They remember things

for about a day or two.

They're not stupid.

Did you bring any samples

of your work?

Yeah, I brought

some notes.

Notes don't mean a thing.

Why don't you go get dressed?

Take this down.

All set?

Imagine an old woman

comes to dinner with you.

While you're mixing her drink,

she slips on an ice cube...

slides across the room...

smashing into your new

breakfast table...

demolishing it,

and killing herself.

Got that?

Yeah.

Kills herself, right?

After you've cleaned her up

off the floor...

you discover a statute

which says that homeowners...

must keep their land free

of dangerous ice...

especially, but not exclusively,

ice on their sidewalks.

And you find out that the old

lady suffered from dropsy...

a falling sickness.

So you're sued

on two accounts.

The one relying

on the statute...

and the other,

ordinary negligence.

Can they recover from you...

for having caused

the old lady's death?

Can you recover the price

of the breakfast table...

from the old bag's estate?

Write out an answer.

Take half an hour to do it.

No help from your friend.

Come back a month before exams,

and we'll go over it together.

Don't worry.

There's no possibility

of error in my analysis.

Thanks.

- Good morning, Mr. Bell.

- Good morning.

Excuse me.

I need the second series...

of the Pacific Reporter...

number 75.

It's not in the stacks...

and I was wondering if there was

someplace else I could look.

No, if it's not in the stacks,

it's not in. We don't have it.

I see. By the way,

what is this room up here?

Oh, that's where

we keep the red set.

What is the red set?

The memoranda,

the notebooks.

The first drafts of all

the professors' writings.

Do you mean that Professor

Kingsfield's original notes...

on contracts

when he was a student here...

are in that room?

Yes.

May I see

those notes, please?

I'm afraid we couldn't

allow you to do that...

unless you have

special authorization...

or unless you have

Kingsfield's permission.

Okay.

Thank you very much.

Thank you very much.

Thank you, Toombs.

I found something.

There's a room

above the stacks...

where they keep

all of the actual notes...

the professors took when

they were law students here.

They're just sitting there

waiting.

It's called

the red set room.

You have to have special

permission to get in there.

I want to see the notes.

I want to see Kingsfield's

notes on contracts.

Oh, no, oh, no.

I know what

you're thinking.

Jesus.

Do you realize

what this is?

This is it.

This...

This is

the unbroken chain.

This is the ageless

passing of wisdom.

Hey.

What is it?

Listen to this.

"Kingsfield, Charles W.

"Notes on contract law

in a course on contracts...

"given by Professor Willingston...

at the Harvard

Law School, 1927."

Here.

What the hell is it?

They're just notes...

and they look

just like mine.

"Questions:

"Does everybody

have a contract...

"to obey everybody

else's rights?

What is a contract?

What do you owe to others?"

Look at this.

He even doodles.

Come on, let's get

out of here.

Wait, wait.

"Can we make

a contract with God...

that is binding

to man?"

Look. Here's the

original notes he wrote...

on the article

about statute of frauds.

"After all, I am almost

the living extension...

"of the old judges.

"Where would they be

without me?

"I carry in my mind

the cases they wrote.

"Where the hell

would they be...

"if it wasn't for me?

"Who would hang

their pictures...

"if there were

no law students?

"It's hard being

the living extension...

of tradition."

- Hart.

- Yeah?

Telephone.

Hello.

Hi.

Well, it's not

very original...

but it is effective.

Want to play?

My father never misses

a Harvard-Yale game...

and he always sits

right over there.

And I once sat

on his left...

with the president

of the United States...

on his right...

and two Supreme Court

justices at his feet.

I was only 12 years old.

Where are you going?

Don't you want

to explore?

No, I want to talk.

Well, I want

to explore.

I want to talk!

Oh, come on, Hart.

Susan, please.

I want to talk.

Explore with me.

Please.

I want to talk.

No, please.

I want to talk,

Susan!

Come explore.

Susan!

I want to talk

with you.

Goddamn it.

Susan.

Susan.

Susan.

Susan.

Why the hell can't you

just do things?

Why do you have to talk

about everything?

I am trying

to do something.

I am trying

to make sense.

I want us

to be together.

Why?

What's wrong with that?

I was right.

You were born for

the married students' dorm.

You were born

for the dating bar.

I can't live like this.

I need to be organized.

Susan, I need a way of living

that I can rationalize.

This way I spend

half my time worrying.

I can't work

and I can't sleep.

I didn't come here because

you bought me flowers.

I can always

buy flowers.

Hart, I could buy you.

Maybe I already have.

Eat shit.

I like you.

I really do.

You can't buy me.

Show me something in

Langdell I can't buy.

Show me one person

who doesn't kiss my father's ass.

I don't kiss

your father's ass.

I'm not afraid of him

anymore.

I can really understand

what he is saying.

I've read everything

he's written.

My mind is really in his.

I know what he is saying

before he says it.

I am three questions ahead.

I am having a true

Socratic experience.

Three questions

ahead, Hart?

You're only three

answers ahead.

And I think

we'd better go...

to the Cape

this weekend.

And you don't talk about my father

or the law school...

and I'll try

and be a lot nicer...

and I'll give you

lots of sustenance.

Next weekend?

Yes.

Okay.

All right, next weekend.

The Cape.

I think these dead man

statutes are unfair.

They don't

give the plaintiff...

a chance to testify.

Why shouldn't a person

be allowed to testify...

against a dead person?

Take Proctor vs. Proctor,

for example.

That girl worked for

her aunt for 10 years...

because her aunt had promised

to leave her the house.

I say she should

get the house...

because she worked

for it.

It's just a crummy

technicality...

that says

she can't testify.

That's not justice.

Your name is Bell?

Bell, yes, sir,

as in Liberty Bell.

Did it ever occur to you,

Liberty Bell, was it?

Did it ever occur to you

that the courts did not write

the dead man statutes...

the legislature did...

and that the courts are bound

to follow the legislature?

I think I shall have

to dispense with the privilege...

of ringing you further,

Mr. Bell.

Mr. Kingsfield.

Yes.

Mr. Bell was right.

There are

at least 17 ways...

of getting around

the dead man statutes.

You wrote an article

showing that in 1936.

If I wrote an article

in November 1936...

showing that

there were 17 ways...

to get around

the dead man statutes...

I hardly need to be told now

that Mr. Bell is correct.

Anything else?

No.

Your name?

Hart.

Mr. Hart, I can understand

your wanting to ride...

to the rescue

of the unfortunate Bell...

but aren't you

a little late?

You had your chance in class.

Nobody inhibits you

from expressing yourself.

Mr. Hart.

I need a student

to do some research...

for the supplement

to my treatise.

Interested?

Sure.

Come around to my office

this afternoon.

My secretary will give you

the basic material.

You can get started.

It doesn't have to be long.

You can do it over

the weekend. Around 10 pages.

I'll expect it

bright and early Monday.

Hello.

Hi.

Hi.

Your father asked me...

to do some research

for him.

And he needs it bright and early

Monday morning...

so I can't go to

the Cape this weekend.

I understand.

Oh, good, good.

Hello.

Susan?

Come in.

What do you want?

I couldn't finish the paper.

I need more time.

I've done

all the basic work.

As you can see, I just need

to condense it. It won't be hard.

When your paper wasn't in

bright and early Monday morning,

as promised...

I had someone else do it...

a third-year student.

So, you see, your contribution

to the supplement of my treatise...

is no longer necessary.

My contribution.

Condensed or uncondensed

isn't necessary.

Thank you.

What?

I'm sorry.

Thank you.

You ought to

get some sleep.

Yes, sir.

Thank you, sir.

We could

go to the Cape next weekend.

We aren't

going anywhere.

Excuse me.

Christ.

I, uh, wish you wouldn't

treat me like this.

I haven't had a decent meal

in four days. I...

I haven't had any sleep.

Susan.

Look, he tested me.

I failed.

I worked so hard

on that goddamn paper.

Well, he may flunk me!

They finally got you,

didn't they, Hart?

They sucked all

that Midwestern charm...

right out of you.

Look it, he's got you

scared to death.

Oh, you're gonna pass...

because you're the kind

the law school wants.

You'll get

your little diploma...

your piece of paper that's

no different than this...

and you can stick it

in your silver box...

with all the other

paper in your life.

Your birth certificate,

your driver's license...

your marriage license,

your stock certificates...

and your will.

Excuse me.

You don't even care.

I wish you would flunk.

There might be

some hope for you.

Susan.

Susan, you... You really

don't mean that.

I certainly do, Hart.

Leave me alone.

I don't want

to see you anymore!

Susan.

O'Connor, why don't

the federal courts...

use the same civil procedures

as the state courts?

Well, they used to,

but the Supreme Court...

overruled

that former ruling.

And what is the famous case

in which that ruling was changed?

Come on.

You have 10 seconds.

1, 2, 3, 4, 5...

6, 7, 8, 9, 10.

Piss off, Bell!

You lose.

What happened

to O'Connor?

I'm afraid O'Connor

decided to cut back...

and cut out the study group.

Needless to say,

his loss is our gain.

What are we gonna do

about his outline?

I'm way behind

in civil procedures.

It's already

the middle of March.

Calm down, Kevin.

I don't give a shit

about his outline.

He's just a little pimp.

I wasn't gonna share

my outline with him anyway.

You what?

You got wax in your ears?

Listen, we've got to

stick together.

That's the whole point

of this group.

The whole point of this group

is to learn the law.

We all made a contract

with each other.

We can all do some

of O'Connor's work.

We'll divide up his course.

Let's not get softhearted.

O'Connor's out, and that's it.

We don't get his outline

at the end of the year...

and he doesn't get ours.

Do you do this often?

Don't flatter yourself.

Do you need some help?

No, it's all right.

Here.

Who's that?

That is Philip.

Philip is back.

Europe, it seems, wasn't

the answer, either.

We've just been

with my father.

We filed for divorce

before Philip left...

and of course,

father is handling it.

The most expensive...

legal advice

in the country.

It's gonna cost you a fortune

to Xerox that, Bell.

Maybe I'm not

going to Xerox it.

What does that mean...

maybe you're not

going to Xerox it?

This is a great outline.

Fantastic.

If yours doesn't stack up,

you won't get a chance to look at it.

Bell's going to have his outline

Xeroxed just like the rest of us.

Maybe Bell is,

and maybe Bell isn't.

The outline

is a tool, Bell.

A tool,

not an end in itself.

I'm going to publish

that outline.

The casebook's already

been published, Bell.

My outline is better

than the casebook.

Anyway,

it's gonna be longer.

I think you're all

a bunch of pimps.

You're on

a suicide course, Bell.

I don't have to sit here

and be insulted.

One more word

out of you, Anderson...

and I'll lock your head

in your attach? case.

How is your

outline coming?

Well, I have not yet

reached the stage...

where my outline is

reducible to a single word.

Yet, at 50 pages, if I may

pat myself on the back...

it's clean and concise.

How about you, Kevin?

It's coming.

Can you tell us how far?

It'll be ready

in four weeks...

uh, before exams.

I don't think Kevin

has an outline.

I think the pimp

is holding out on us.

If you ever say "pimp"

in front of me again...

Pimp.

Jesus!

You want to know

about my outline?

It's 800 pages long,

and it's fantastic...

but you'll never

see it, Ford.

Hart is the only one

I'm gonna let see it.

He's the only one of you

who isn't a pimp!

I was gonna let you see it, Ford,

but I changed my mind.

And as far as

the robot pimp goes...

I was never gonna let

that pimp see it anyway!

Get out! You get out

of my study group!

It's a pleasure,

you pimp.

Quite amusing.

I wonder if our dropout rate

is paralleled in other groups.

Look,

what's gonna happen?

We don't have outlines

anymore in property...

or in civil procedure.

In another month,

by the end of the year...

when exams come...

we might not

have any at all.

I need the outlines.

I need them.

I need help.

Look, Kevin, nothing's

going to happen.

Take a rest, will you?

Go somewhere

and rest your mind.

We'll meet again next week

and figure something out.

Now, listen, I can't

wait that long, you see?

I've got a plan.

It's fine for you...

because you talk in class,

but I can't wait that long!

Kevin, we're all

in the same boat!

Well, gentlemen,

I'll see you next week.

Kevin, come with me.

We'll get somethin' to eat.

Screw O'Connor,

Bell, and Kevin.

Well, hello, Hart.

Hello.

Is... Is Kevin in?

Come on in.

I'll tell him

you're here.

Would you like

some coffee?

Yes, please.

Just black.

Hey, Hart.

What are you doing here?

Hey.

Quite a place.

Oh, yes.

Asheley's folks wouldn't

permit their daughter...

to live in anything that

wasn't quite a place.

How about a drink?

Sure.

You know, I was, uh,

just working on my outline.

I brought some notes.

Good.

Well, here we are.

Did you tell Hart

the good news?

Oh, uh, no. I was

just about to.

Asheley's pregnant.

Well, that's great.

Congratulations.

Yeah.

Calls for a little celebration.

Yeah. That's fine,

thanks.

Well...

I'll just leave you two

to talk your law school talk.

I brought these notes...

and I thought...

maybe I could help you

with the outline...

or anything that, uh...

No one can help.

Not even Moss.

You, uh, you should

have been there.

You should have seen the mess

I made out of Moss's hypothesis.

Yeah, I got

a photographic memory.

I'm a walking,

talking encyclopedia.

I got facts at my fingertips,

facts on the tip of my tongue...

but I just don't have the kind

of mind that can, uh...

Don't have the kind of mind

that can make the grade.

You're lucky, Hart.

You and Ford and Liberty Bell

and the robot pimp...

You're all gonna pass.

You'll all make

the Law Review. You...

You talk in class.

You're Kingsfield's favorite.

You'll get the grades.

They're just grades,

Kevin.

You know better

than that.

It's a number.

It's a letter...

but it determines

salaries and futures.

With my grades,

it's gonna be pretty rough...

just keeping us in pablum.

How about another drink?

You know, uh,

I can mix a Mai Tai...

a Margarita, an Alexander,

a Grasshopper.

Hmm. Anything you want.

I glanced at

a bartender's book once...

and memorized them all.

Instantly.

It's the only bar

I'm ever gonna pass.

Please, I don't want you

to see this. Don't...

Asheley!

Hart's got to go.

Thank him for coming.

I'm getting quickly indisposed.

I'll leave these notes here.

He's just so tired.

He works so hard.

Yeah.

Every night

till 3:00 or 4:00.

The competition

is killing him.

He always talks

so much about you...

how nice and bright

you are.

Oh, I'm not very bright.

It comes hard for me, too.

Are you married?

No.

Got a girl?

No.

Listen, Tuesday

is Kevin's birthday...

and I wanna make him

a party.

A surprise

birthday party.

Well, the thing

of it is...

I don't know

any of his friends...

and he hates

all of mine.

So, uh, I thought you might

invite the study group.

It would mean a lot to him.

Sure.

You don't have to bring

any presents.

What time?

Oh, uh, 8:00.

All right.

Okay.

Well, thanks

for droppin' by.

Sure.

Good night.

Sure.

Good night.

Good night.

Brooks vs. Scoville

illustrates the distinctions...

between the general demerit

and the special demerit.

That is, a general statement...

that a complaint

is insufficient...

and a demerit which argues

that the specific allegations...

of a plaintiff

are without foundation.

I think the concept

is rather clear.

We always seem to hear

from the same people.

Would anyone who has

not contributed lately...

care to speak?

Very well, I shall have

to ferret you out.

Mr. Brooks, we haven't heard

from you in a long time.

Give us the facts

of Tinn vs. Hoffman.

Some 13 letters and telegrams...

passing between a company

wishing to sell pig iron...

and a company

wishing to buy it.

Every time it looked

as if they had made a deal...

the company wishing to buy

always hedged back down.

Finally, the frustrated

seller gave up...

and sold the pig iron

elsewhere.

Now the company

that wishes to buy is suing...

saying that the seller

had promised him the iron.

Mr. Brooks, what is

the holding of this case?

How did the court

reach its decision?

in a letter of November 28th...

we find this phrase,

"Making you an offer."

The court seemed

to stress this phrase.

Oh, I... I guess that's not

the crucial passage.

Mr. Hart.

The correct rule...

and the one in which

this case was decided is:

"In an ambiguous

set of facts...

"the party who creates

the ambiguity...

"and tries to use it

to his own advantage...

shall have the ambiguity

resolved against him."

Now, if both parties

are equally blameless...

what rules then?

Who should bear the burden

of the financial loss?

Miss Farranti.

Where the parties

are both blameless...

the court should place

the burden of loss...

on the party who can

most easily bear it.

Normally, the party in

the best financial position.

Oh, God! Kevin's party!

Ford!

Oh, shit.

Ford!

Hey, 8:00 tonight

was Kevin's birthday.

Want to go?

No. I wasn't invited.

Look, I'm inviting you.

Asheley asked me to invite the whole

study group, but I forgot.

Look, it's 9:15.

The party's over.

Oh, shit!

So I've got possibilities

with a couple of New York firms...

and, uh... but I want to

spend the summer...

Hey, Anderson.

I'm sorry, Asheley, but, uh,

I forgot about the party.

There isn't any party.

Kevin tried

to kill himself.

I'm having a baby,

and he tried to kill himself.

Where is he?

He's upstairs.

Kevin!

Please...

take it out

of the house.

Please.

Take it and leave.

I'm sorry, Kevin.

Get out.

It is clear that

under such circumstances...

the defendant's promise

to pay Neilson's debt...

was without consideration.

Mr. Hart, what do you think

of Mr. O'Connor's argument?

Mr. Hart?

Mr. Bell, what do you think

of Mr. O'Connor's argument?

Mr. Bell?

I'm sorry. What?

Do you find Mr. O'Connor's

argument convincing?

I don't find anything

Mr. O'Connor says convincing.

You know,

it always amazes me...

when law students

have a hard time.

I mean,

people like Kevin.

When you grow up with

my father, you get immune...

or insensitive to

certain kinds of things.

We used to own that house

over there, too...

but we sold it when

my grandfather died.

When he was still alive, we used

to shoot skeet from up here.

I don't know.

I sit in his class...

for days, I sit there.

I read his books

in the library...

I abstract the cases

he's chosen.

I know everything

about him...

His favorite ties,

how many suits he has.

You can say

he doesn't care...

but he's there anyway...

pounding his mind

into mine.

He screws around

with my life.

There's no way

you're ever gonna have...

a normal relationship

with him.

He won't permit it.

It's not part of the structure.

You must accept it and just try

and do things on your own.

I sit in the damn dining hall.

What do I hear?

I hear people telling

Kingsfield stories...

about how Kingsfield...

flattened

a particular student...

in a particular way.

It's like they're

telling Norse sagas...

like we're studying

theology instead of law.

So what the hell

are you gonna do?

You've gotta stand up.

You've gotta grow.

I can't explain it, but you've

just gotta stop being so soft...

so easily manipulated.

It's very dangerous

for one's intelligence.

I'm tired of hearing

about my father...

and I'm tired

of talking about him.

What about you? Aren't you tired

of sitting in that class taking shit?

Constitutional contracts...

marriage contracts...

historical contracts...

French contracts...

African tribal contracts...

religious contracts...

Now, Mr. Hart, can you

relate our next case...

to the summary

we've been building?

Thank you,

I prefer to pass.

What did you say?

Well, I have nothing relevant

to say concerning the case.

However, when I have

something relevant to say...

I shall raise my hand.

Mr. Hart, would you

step down here?

Mr. Hart, here's a dime.

Call your mother. Tell her

there's serious doubt...

about your becoming

a lawyer.

You...

are a son of a bitch,

Kingsfield!

Mr. Hart!

That is the most intelligent

thing you've said today.

You may take your seat.

I made extra copies

of my outlines for Kevin.

He can't possibly do well enough

to hurt any of us.

Kevin won't be needing

any copies.

He left school.

Kevin's outline.

He'd only done three pages.

I received it yesterday

in the mail.

Maybe you can get some

extra insight from it.

Well, I never did anything.

It was Bell who hated him.

I never said anything

against him.

Three left out of six.

Thank God Friday's

the last day of class.

I suggest that you particularly

address yourselves...

to the original text

of the statute of frauds...

and the uniform

commercial code.

Thank you.

Good luck

with your exam.

You'll need it.

Oh, say, listen, Hart, can you explain

that Swiss Atlantic case to me?

Yeah. Facts

aren't important.

Just remember

fundamental breach.

- Hart?

- Yeah?

- Can I drop by later on

and pick up some notes?

- Yeah, yeah, sure. Okay.

Hey, I'm getting out.

No way to study

in here anymore.

Can't you feel it?

Panic has descended.

I'm going somewhere else.

You wanna come?

We can study

someplace together.

Bet your ass I do.

Where the hell

are you going?

We're leaving. Where

is none of your business.

You can't pass

without my outline.

Okay,

then we won't pass.

Wait. I'll go get it!

Ford! Hart!

Look, I'll show it to you!

This is it!

Please don't go! Look at it!

Oh, my God! Oh, my God!

How long you gentlemen

planning to stay?

Three days.

Front.

Get this damn thing

out of here.

Let's start with

civil procedure...

work our way

to contracts.

That way, it'll be fresh

in our minds Monday morning...

when we start the test.

Maid.

No, thanks.

They don't want

their beds changed.

Checked in two days ago,

and no one's even seen 'em.

Something funny's going on.

Number 4, murder.

"A," definition.

"Murder is the unlawful,

unjustified...

"and inexcusable killing

of a human being...

"by another human being

with malice aforethought.

"Malice aforethought...

"has a special

and particular meaning...

"apart from any other

definition of malice.

"It is a term used to cover...

five specific types

of intention."

All right,

let's suppose...

I'm beating you with

my fists unlawfully.

You've angered me...

I knock you down

on the floor...

and you get

impaled on a spike...

sticking up

out of the floor.

Uh, under the felony

murder rule...

I'm not guilty...

because a battery isn't

an ordinary felony.

Exceptions.

What...

What exceptions?

Uh, you... Your hand...

is a deadly weapon.

Karate.

Mr. Hart, Mr. Ford.

I'd like a word

with you, please.

No, thank you.

No, thank you!

Oh, my God.

What have you been doing

in this room?

I just had this room

decorated.

I'm calling the police.

If you kick us

out of here...

I swear to God I'll sue your goddamn hotel

for a million dollars!

I'll burn the place

to the ground!

Okay, look, look, look.

I know that piece of paper

that we signed down there...

entitles you to kick us out...

but if you do that...

I'm gonna call

the newspapers...

and I'm gonna tell them...

that we're a dope ring

working out of this hotel.

I'm gonna tell them that, and you're

not gonna get any more business.

Now shut up and get out!

Get me room service,

please.

Yes, sir.

Hello. Room service,

this is the manager.

I want you to cut off room 112

from all room service.

"Methods of

attacking legal problems.

"Technical reasoning...

thinking in terms

of businessman's..."

Yeah, give me

room service.

Yeah, give me

room service.

Hey, there's no water.

What?

What?!

What do you mean,

there's no more room service?

Give me the phone.

Hello?

I wanna speak

to the manager.

Plug me into his line,

will you, please?

No, I'm sorry.

The manager isn't here.

Windsor Arms.

One moment, please.

No, I'm sorry. I don't know

when he'll be back.

Hello?

Yes, I'll give him

a message.

Thank you.

"The shipment of dope

just came through...

and we're holding

his special brand."

Let's go.

Okay.

Bring on the test.

Gotcha.

Professor Kingsfield?

Yes?

I just wanted to tell you

I truly enjoyed your class.

That's fine, fine.

What I mean is...

you really

mean something to me...

and your class has really

meant something to me.

What is your name?

Hart.

Thank you, Mr. Hart.

Thank you very much.

Hey!

Here's your mail.

Ah.

I got a letter

from my father.

It's something

very interesting.

My divorce is final.

A piece of paper,

and I'm free.

Aren't you gonna

open your grades?