Original subtitles

Well, then we shall have to start at the very beginning.

Say da.

Tom, I'm pregnant.

Damn you!

What are you doing? We're not playing house. We're married. Yes, we're

married. But I'm a law student, and you're a law student's wife, and that's

got to be a different sort of marriage for a while. Listen, if it's really

every man for himself that you want, then why the hell don't you get off my

back?

The study of law is something new and unfamiliar to most of you, unlike any

other schooling that you have ever known before.

First years are hard years, much more than we know.

With good friends to love us, we'll feel every blow.

Stay open to all things.

yourselves the law but I train your minds.

You come in here with a skull full of mush and if you survive

you leave thinking like a lawyer.

Karen, I'm running late. I've got to get to class.

I'm sorry. I'll be right out.

Karen, just hand me out my razor. I'll shave in the kitchen.

Are you all right?

Karen?

Yes, I'm fine. Just leave me alone.

Morning, Tom.

I should say just the opposite, judging by appearance, huh?

Oh, you look a little grimy, even by our rather low standards.

Hey, watch it, my outline.

What happened?

Nothing. Just clumsy, I guess.

Reliance on a promise.

Feinberg versus Pfeiffer.

Mr... Hey.

Facts of the case, please.

This suit was brought by the plaintiff, Mrs. Anna Sachs Feinberg, against her

former employers.

on an alleged contract whereby she was guaranteed $200 a month for life when

she retired.

Mm-hmm.

Good. Now, on what grounds did the plaintiff bring suit on this alleged

contract? Mr. Clayton?

Yes, Mr. Clayton?

I...

The payments were made for a time after her retirement. The first objection came

when the president of the company, Mr. Lipman, died and was succeeded by his

wife, who cut off the payment.

Mr. Clayton, what are you up to, Mr. Clayton?

My notes, sir.

Your notes?

I was trying to get them in order.

This classroom is not for reading, Mr. Clayton. It is for thinking, for

speaking out.

So, would you please enlighten us with your opinion of the court's judgment in

the case of Feinberg v. Pfeiffer?

With the election of the next president, a new accounting firm employed by the

defendant also questioned the validity of the contract.

Those are the facts.

Now... I want to hear your thoughts, Mr. Clayton.

Speak up, Mr. Clayton.

Mr. Clayton, it is a common fancy that justice is blind, not dumb.

Make things easier.

Do you agree with the judgment of the court, Mr. Clayton?

Yes?

No?

Somewhat?

Nothing.

Start at the very beginning.

Say da.

Da.

Excellent. Now we'll take a big step forward.

Say da-da.

Sorry, but you were laughing. He hit me. Maniac.

Bell, just cool it.

Well, technically it seemed to have had more of the characteristics of a hard

shove.

I know the feeling. What?

When Kingfield decided to draw blood.

He shrouded me the first day of class.

I actually got sick.

I know that feeling.

while i got into the class sure

pietro dear mahoney

the holy hermit who came down from his cave to become pope celestine v in 1294

abdicated after only five months expressing doubts as to his own

salvation after his experience good night ladies and gentlemen that'll be

all

Did you get that last thing?

What? Did you go to sleep?

Medieval history does it to me every time.

It's better than staying home alone while your husband studies.

Then again, some of us have to do it. For credits.

Well, should we all go for coffee? It's my treat.

Sorry. I've got to get into work early tomorrow.

Me too.

Maybe another time.

Okay. That'd be nice. Fine.

I almost forgot to tell you. My big surprise.

I'm going to have a baby.

Oh, that's wonderful.

I'm sure your husband is very happy.

I baked him some cookies. Isn't that dumb?

He's over at the library. I'm going to take them to him. It's not dumb. It's

nice.

Well, maybe next time. Sure. We'll help you celebrate.

Oh, excuse me. Oh, I'm sorry. I wasn't watching.

Karen, I didn't realize it was you.

Hello, Hart.

Elizabeth. Hi.

Were you looking for Tom?

No, I'm just on my way home.

He's probably in the library. Come in with us.

I don't want to bother him. I know he needs to study.

I've just come from class myself.

You sure you won't come in? No, really. I have to go. I'll see Tom later.

Good evening.

Bye, Elizabeth.

Bye-bye. Night.

She's a nice girl, isn't she?

Well,

that's a pretty half-hearted compliment.

What?

Tom, I just saw your wife outside.

She was looking for you.

I told her not to bother me here.

She just wants to help. She can't.

Maybe I can help.

You? What do you know about it? Everything's simple for you.

I just... You just do it.

He calls on you and you talk a blue streak, and I can't do it at all. I

freeze.

When he's glaring at me, I can't say a word. I'm paralyzed.

Let's go outside and talk.

I don't want them to see.

See what?

I don't want them thinking I'm begging for help. It's bad enough as it is. They

were all laughing at me today.

Tom, you're blowing this whole thing out of proportion. You've got to relax a

little.

This is my relaxed heart.

When I'm tense is when I'm lying in bed at night telling myself I've got to

relax because I'm making things worse and I know I'm smart, so why aren't

things going better?

I don't know what to say.

Everything will turn out all right. Everything's gonna be fine. We both know

that's bull, but I don't know what else. Look, it's all right.

I'm... I'm sorry.

I, uh... I shouldn't have said anything.

I'd like to help. Look, it's not your worry.

You know, I honestly don't know... Look, I said it's all right. I'll take care of

myself.

Some mornings this mirror acts like a prop out of Dorian Gray.

What'd you guys think about adding another person in the fitting room?

Clayton? Absolutely not.

He's smart.

He just needs... The point is, we don't need him.

Anderson, you might be interested to know that Clayton's entrance exam scores

were among the highest for the whole school.

Who wants his problem now?

What are you doing?

I'm eating and reading.

No, no, not like that.

Please.

Believe me, Karen, if I could do either or both of them any faster, I would.

No, I wanted to have breakfast together.

Karen, we've been through this before. I can't just stop what I'm doing every

time you want to play house. We're not playing house. We're married. Yes, we're

married. But I'm a law student, and you're a law student's wife, and that's

got to be a different sort of marriage for a while. Can't you see that? Well,

my mother and father... Not your mother and father. Not this morning, Karen.

Tom, we have to talk.

Talk, talk? Talk about talk coming out of my ears!

Tom, I... Not now, Karen.

Not this morning. No more talk. I've got to get some studying done.

Tom.

Tom.

Tom, I'm pregnant.

So when parties to a contract express their agreement in words, the contract

is said to be an express contract.

When the acceptance is by an act, the contract is said to be an implied

contract. When a man calls an electrician to repair a malfunction, and

the man comes to do the job, his arrival is his acceptance.

The agreement to pay his bill is implied.

And in McLean versus Hill...

How would it apply then, Mr. Ford?

Under the Massachusetts procedure, the plaintiff might bring suit on the claim

either in the municipal court or in the superior court. And what would be the

advantages of one or the other, Mr. Anderson?

Well, in the Supreme Court, it could be tried with other cases arising out of

the same accident.

Now, what manner of contract do we have?

What are the facts in... Yes, yes, that'll be just fine.

All right.

Thank you.

Goodbye.

Was that for me?

Uh, no, it wasn't, Professor.

Professor Kingsfield.

I have to talk to you.

You've had your opportunity, and doubtless you will again, but not now.

Please, sir, I'm not dumb. I can do the work. I know it. I have a photographic

memory. I can... What?

A photographic memory.

Photographic memory is of absolutely no use to you until you can analyze and

organize that vast mass of facts that is stored between your ears.

I can read a book and tell it back to you weeks later in perfect order. It's

always worked all through school.

It may work for others.

It doesn't work for me.

Jim, what are you doing here?

I mean,

what a nice surprise.

I was looking for Tom. He didn't make it to Kingsfield's class this morning.

He didn't?

Of course he didn't. I fixed him a very special breakfast.

Breakfast? Tom skipped Kingsfield for breakfast.

I made eggs benedict.

Karen, is Tom still here?

He stepped out.

Oh, is he coming back?

Well, of course he's coming back.

Well, since I'm here, is it all right if I wait for him?

Wait for him?

Certainly. I'm sorry. That was very rude of me. Please, please come in.

That's so unlike me.

I mean, there's a lot of things I don't do well, but I'm usually very good at

not being rude.

I could make you some coffee.

Yes, I'll make you some coffee. I don't want to bother you.

This is a very nice apartment you have.

What?

This is a very attractive apartment.

Karen?

Don't come in.

Karen, what's wrong?

I spilt it.

Oh, I didn't mean any coffee.

I don't know why I bother pretending. Nobody's fooled, are they?

Fooled? I keep trying to act as if we have a happy marriage.

If it looks that way to everyone else, then maybe we will have a happy

marriage.

Does it look that way? What does everyone else think?

I don't know that anybody thinks about it at all.

No, I bet you don't.

All you think about is yourselves.

Karen, did you and Tom have a fight? Did we have a fight?

What a sharp mind you have. Did it ever occur to you to go into law?

Oh, I'm sorry.

I don't know what's happening to me.

I keep wanting to say all these mean things that... they're not very nice at

all. You guys did have a fight, didn't you?

Yeah, I guess you could call it that.

Not very prolonged, but quite intense while it lasted.

He just got all suddenly quiet when I told him, and then he left.

Told him what?

That I'm going to have a baby.

Well, I can see where that might be disturbing for him.

Law school's very demanding.

Well, so am I.

I want to have babies and a family. That's why I got married.

I sound just as selfish, don't I?

Is Tom having trouble at school? He won't talk to me.

But I know something's going wrong.

Can you help him? He's always talking about you. He says how smart you are and

you're the only one who will help anybody else.

Karen?

Oh, look, you better go before I get started.

So you don't know where Tom went?

Or when I'll be back?

Okay.

I'll try. If I can think of something to do to help him, I'll try.

Oh, thank you.

You see, what I'm really afraid of is Tom's problem.

I just don't want it to be me.

You're late.

Well, I got you some food.

It looks awful, but I don't think it'll hurt you. Thank you.

And if you'll remember, we're going to try to sneak in an additional study

group time at these lunches. So where's Anderson and Brooks?

Well, they were here for a while, but they couldn't wait any longer.

What about Tom? You find him?

I went to his apartment. He wasn't there.

Karen told me they had a fight.

You walked down.

She's really upset.

What was the fight about?

She's gonna have a baby.

Oh, Lord.

I'm gonna go look for Tom. Do any of you want to help me?

I wish I could. I have to go to this class.

So do I.

Hart, wait!

I was going to study.

I will instead devote that time to assisting you in your search.

Well, what are you going to do now?

Tell Karen?

I don't know.

I'm late for work.

Late for work, huh?

Yeah, I'm sorry, Red.

I had a lot on my mind. I forgot.

Don't usually forget about time. All right, lad. Well, let's get going. It's

pretty busy out there. Okay.

Oh, there you are, Hart. Yes, here I am. What about it?

What's your problem?

I just want to tell you, there's somebody here waiting for you. I said

these are friends.

not drinking it as fast as he should.

Listen, how about after I serve these coffees, I go on my break?

All right, lad.

But don't take too long.

Okay? I won't. All right.

Okay.

Here you go.

Four coffees.

Enjoy.

How are you doing?

Rotten.

This is a terrible time to sober me up.

Seems like good timing to me.

You do the softening?

Drinking is hard work.

Very funny.

So ordinarily, I never come to places like this. My side's aching. Good.

It's been a long time since I've had such a good audience.

Maybe I will have a sip of this.

Look, why don't you go home?

You're not making it any easier on Karen.

Does she even know where you are?

She's probably worried sick about you by now.

Between you and her being pregnant, she's going to be in great shape.

How'd you know about that?

I went by there this morning when you weren't in class.

See? I was right. You are a good Samaritan.

None of the others even noticed I wasn't there.

Sure they did. Ford helped me look for you this afternoon.

Ford?

Now that is funny.

All right, table six.

Wait a second.

Okay, I'll be back to get your orders in a second.

Tom, what do you think you're doing?

You can't drive. You'll wreck your car.

Oh, no.

I won't wreck my car.

This isn't my car.

This is Karen's car.

Or more correctly, this is Karen's father's car.

I suppose if I do everything right, be a good student, a good lawyer,

a good dada, it will be mine.

Did I ever tell you that Karen's father's paying for law school for me?

How are you paying for this, Hart? A scholarship?

None of my business.

I don't know if you ever noticed or not, but she isn't very pretty.

She isn't what you would call beautiful.

Tom, you're drunk. Karen's very pretty. She is?

Maybe I just haven't looked at her right lately.

You know heart lately I haven't been doing anything right

Who you

wrong apartment.

No, you haven't? Who are you?

And Tom, what are you doing?

Hi, Dad.

Your dad?

No, I'm not his dad.

Tom. Our dad.

Hart, what happened?

He was at the tavern. I didn't think he should be driving. I brought him back.

Oh, you two boys been out getting drunk together, is that it? No, I worked. I

just brought him back.

Please, Dad, this is Jim Hart. He's a law student.

This is my father, Wesley Grove.

I'm sorry.

Sorry if I seem to be taking this out on you. It's okay.

Thanks, Hart.

Pleasure.

You got to go.

Well, Tom, what do you have to say for yourself?

Would you recite for us the facts of Taylor

versus Cunningham, Mr.

Hart?

Uh... Taylor versus Cunningham?

Yes, Mr. Hart.

Taylor versus Cunningham.

Yes, we seem to agree so far.

But could we proceed? We have a lot of ground to cover.

Mr. Gagarian, would you please come to our rescue and answer the question?

Yes.

I think I can understand why you might prefer more rest.

But it's time for you to get up.

We're gonna have a talk.

Well, I told you so are never welcome words, but...

Hart, you're the best at contract law. Listen, we don't want your work and your

outline to go downhill.

Listen, if it's really every man for himself that you want, then why the hell

don't you get off my back?

You don't have to get emotional about this, Hart.

No, I've had enough.

I'm going to do what I think is right. If I can't at least do that much, I have

no business being here in the first place.

My position

in this matter is perfectly clear.

I'm sure it would seem that way to you. I want my daughter to be happy.

And to this end, I've been making it financially possible for you to be

attending this school. If you're worried about your investment, I intend to pay

you back.

Putting it rather boldly.

I'd always hoped that the man who married my daughter... Why do you say it

like that?

Like what? The man who married my daughter.

It sounds so damn bloodless. I'm married to your daughter. It's me. It's not some

blank to be filled in.

I may sound, um, cold to you, but I'm simply trying to assess the situation.

Situation? Karen, please, would you let me finish with Tom, please? My

situation? Is that what you're talking about? Is that what this is, my

quarterly checkup to make sure I'm performing acceptably? Tom, you don't...

Please, Karen, I'm talking to your father.

I'll get it.

Probably for me, anyway. I left the number at the office.

Hello?

Who?

Oh, Tom here.

Tom, Tom, it's for you.

Hello?

Hi, Hart.

No, no different.

Dad, you don't have to say that... Karen, darling, please, let me finish

with Tom. I can only handle one thing at a time.

I'll have to talk to you later, Hart. Thanks a lot.

Um, Tom?

Now, I'd like to resume this discussion a little more reasonably.

Why are you doing this? Did Karen tell you I was having some kind of problems?

Are you keeping tabs on me?

I think I'm entitled to some explanation as to why you're making Karen so

unhappy.

What are you doing, Karen?

Where are you going, babe?

I'm leaving.

I'm going out.

The two of you obviously don't need me in this discussion.

You want to discuss the situation.

And you...

You immediately assume he's talking about you and your law school, and both

of you keep telling me to wait.

Well, I'm done waiting.

I refuse to stay here and be discussed as if my baby and I are a troublesome

piece of property that the both of you haven't made a decision on.

Now, when I know what I want to do, Tom and I are going to sit down and talk.

And then maybe we'll talk to you.

I have never, never seen Karen behave like that.

At last, a point of agreement.

Well, it seems perfectly clear you're doing something that's upsetting her.

Why does it have to be me?

No, I can't stand around here arguing all day long. I've got an appointment

that's important.

You came down here for a business appointment?

Among other things, yes, I did.

Did you tell Karen that, or did you just let her think that you had flown down

here to straighten out her problems?

Don't ever let her know she was just another appointment.

You know, Tom, considering your circumstances, you just might be saying

more than is good for you.

Considering my circumstances, I don't have anything to lose.

Oh, sorry.

Are you looking for Tom?

No, I was just going to get myself some books.

Is he in there?

No, I didn't see him.

Karen, I know we're not bosom buddies, and I don't want you to take this the

wrong way, but you do look really tired.

Well, you're right. I am tired.

And we're not friends, are we?

No, but we're not enemies.

And we are both women.

And that's an endangered species in these hallowed halls. Yes, but you

belong here.

You make me feel... What do I make you feel?

Like I don't do anything, anything important.

Oh, I wish my family could hear you say that.

You know, back where I come from, the most important things are getting

married and childbearing. Everybody I knew, they wanted to have a career.

I felt dumb.

Well, not dumb, really. It's just that I didn't want it.

Well, what did you want to do?

I wanted to get married and have a family.

Well, success.

You're halfway there.

I still have three years of law school and then the bar exam.

You know, it's funny. Now I don't feel odd talking to you at all. Now neither

do I.

Did you before?

I thought you were spineless and undecided. And you're not.

No.

I know what I want.

Let's talk again.

Yeah, let's.

You want some help? I'd love it.

Which way? This way.

You getting behind, Led?

You usually manage to leave the books alone when you're in here.

Just a couple more pages, I swear.

I wanted to say thank you for last night, for getting me home okay.

It's all right.

I know we didn't exactly get a hero's welcome, but I'm not so sure you'd like

Karen's old man under the best of circumstances.

What are you up to now?

Not drinking.

Don't worry about that.

Just soda pop tonight, ma'am. None of that fire water.

Karen's left, and I don't know where she is.

What?

What's that?

This is a to-go that never went.

Did we say we were hungry?

Law students are always hungry.

Besides, good for hangovers.

This is good. Thank you.

It's a little cold.

Well, it helps the flavor.

You know, for weeks now, I thought I wanted more than anything in the world

not to have someone always around when I'm trying to study.

Always there driving me crazy.

and then telling me we're having a kid.

Not asking or discussing it, telling me.

Well, it couldn't have come as a surprise to you.

Not very funny.

And then before I can adjust to the idea of three, I'm back to one, and all of a

sudden I'm alone, and I don't like it.

Why don't you say it? You miss her.

Why so many words?

You know she's right.

Tom, tonight, last night, every time I've seen you, you've talked my arm off.

Now, why can't you do that in class?

It's different.

No, it's not. You've got to force yourself to talk. Make him call on you.

What for? So I can do a repeat of da-da? Make a fool out of myself again? No, of

course not. You've got to think like Kingsfield. The Socratic method. That's

what you've got to understand.

I can tell him what's in the case book, but he isn't interested in that. That's

the whole point. You can't think in answers. You've got to think in

questions. Nothing has a final conclusion.

Everything goes on to something else.

Now you sound like a professor.

Look, it's like there's a blackboard in your mind.

And when you're talking, you're not reading from it. You're writing on it.

Trust yourself.

Like Kingsfield. That's what he sounds like.

Exactly.

And that's just what we'll do.

Do what?

Come on.

Kingsfield's class will be empty now.

What do we care?

Hey, where are you going?

Back to class.

Are you crazy?

Maybe. Oh, and if Ford comes in here, send him over, all right?

This door is usually open.

How do you know?

I've been here before at night.

You are crazy.

Maybe.

Now we're ready. Ready for what?

Take your place.

Now.

Uh, Mr.

Clayton?

Hello? Yes, this is Kingsfield.

What?

My students?

Mm-hmm.

Mm-hmm.

All right. I'll be right there.

Oh, Ernie's Tavern. Red speaking.

No, Hart isn't here.

He left early.

Do you know who he was with? I'm looking for Tom.

Yeah, they left together.

Well, where did they go? Did they say?

Kingsfield's classroom.

He says what he said.

Thank you.

See what this is all about.

We're going to knock those blocks loose in your head if it takes all night.

You need to think a lot harder than that.

Not just the facts. Anyone can state the facts.

New York Life Insurance versus Biglas. When was the plaintiff finally convinced

that the defendant had renounced the contract?

Don't stay locked on to your memorized facts.

Think. Think.

You're on a treadmill here.

My little questions spin the tumblers of your brain.

What are they doing?

Oh, just stretching.

What should we do?

Well, I shall go home to my bed.

And you go back to your base.

You can't stop there. You have to think in terms of the exception to the rule,

what the rule means in relationship to another...

What

the hell are you doing here?

Well, what are you doing here?

I'm working.

Well, I want to help you.

What can you do?

I can get you coffee.

Wait.

Coffee?

What are you saying?

Well, that's what I want to do.

I'm your wife, and I want to help.

And I'll fight for that just as hard as you're fighting.

Wake up, Clayton.

The case of Hoxter versus De La Tour.

Uh, this was an action for breach of contract. We know what it was.

All we have to do is look it up in the casebook.

What did it mean?

What principle did the ruling of the court exemplify?

Perry versus Dickerson. Did that apply?

Uh... Uh... I think so. You think so, Mr.

Clayton? You think so?

So get them moving. Prove it. Start using it right.

Hart?

Hey, what are you doing?

We're working. You want to help? Knock them.

Shock treatment, Kingsfield style.

Quite a hard one. You want us to help?

Yeah.

I don't think I can keep up the strain of being Kingsfield all by myself.

It does sort of appeal to my sadistic nature.

How did Parker v. Russell apply in the U.S. Supreme Court of Pierce v.

Tennessee Cole?

It applied because...

In the Parker versus Russell case?

Uh, let's see.

Louder, Mr.

Clayton. I can't hear you. What do you mean you can't hear me?

Grow up, Dada. Look, I don't need that.

Anger is a useless emotion, Mr. Clayton. Speak up. Fill this room with your

intelligence. You're not Kingsfield, damn it. And you're no lawyer, Dada.

And you won't be unless you stop being paranoid about a little hassling and get

down to business.

The breach was so substantial that damages were able to be assessed as if

the whole contract had been breached.

In the Supreme Court ruling, the right of election of the aggrieved party was

recognized. When does default with respect to one or more installment

payments substantially impair the value of the whole contract?

Under an installment contract, there would be a breach of the hold when...

Why? The case is then considered consistent with the defendant's

position, which is... Could this be evidence?

Until it is retracted, and if not retracted... Another illustration.

This is a complicated case.

Then make it clear for us, Mr. Clayton. Some 13 letters between a company

wanting to sell pig iron and a company wanting to buy it, with the prospective

buyer backing down each time until the seller sold it elsewhere, but then was

sued by the buyer.

Yes, yes, that's the first step, the facts.

Now we want more, don't we, Mr. Clayton?

Most importantly, how does this decision relate to what we've been discussing

here?

In the first letter of November 28th, we find this phrase, make you an offer. The

court seemed to stress this phrase.

No.

I guess that isn't the crucial passage.

Is that all you... you have to say to us, Mr. Clayton?

No.

Um, the correct ruling and the one along which this case was decided on is,

given an ambiguous set of facts, the party which created the ambiguity and

then tries to use it to his own advantage shall have the ambiguity

resolved against him.

And this ambiguity was intentional then, would you say, Mr.

Clayton?

Yes, I would.

and the existence of it in the area of contracts would almost always indicate

negligence or... or a lack of proper, meaningful effort.

Thank you.

Thank you.

Is that it?

Yes, sir.

Better, Mr. Clayton. Much better.

The tumblers of your brain seem to be spinning quite...

smoothly and effectively today

the

first years are hard

years much more than we know with good friends to love us

we'll feel every blow stay open to all things

And one day we'll all say, hey look, we've come through the first year.