Posting

I will be sharing my stress with you only sparingly for the next couple of weeks. One week from tonight is my first final. My new home contains many volumes of literacy works. I've found that the library on the main campus (for the non-law school majors) is open 24 hours during the final weeks of the semester. It's also nice and quiet. I forgot...undergraduates don't study, especially in the liberal arts. One of my friends clued me in on this new place. He said, "I found a quiet place on the main campus. The library. We don't have permission to park over there since we're not part of that campus, but it's worth the $10 ticket. I've accumulated one for each of the last 7 or 8 days." I'll just walk. The only problem is that part of campus is where all the students get mugged. Maybe if I walk with a gangster limp and Louisville slugger they'll leave me be.

Shhhh...

I'm studying.

Another fun hypo

For your enjoyment, here is a proximate cause hypothetical that we discussed in class (with some added humor on my part).

It's a bartender's duty to cut off someone before he gets too drunk. Suppose our bartender, Bob, keeps serving Julio beer well after Julio reaches the point of severe intoxication. Julio finally leaves the bar, jumps in his Yugo, and drives down the road side-swiping every parked car in his path (Let's call this drunkard Pong). Eventually Julio nails a light pole. The light pole falls on George's house injuring his daughter Peaches who sleeps in the den. Peaches is taken to the hospital and due to her severe injuries becomes a paralyzed vegetable. Her mother, Veronica, was working at the Watering Hole that evening and is now upset that she wasn't there to protect her only daughter. Subsequently, Veronica commits suicide because she can no longer handle the stress.

At what point is Bob, the bartender, no longer liable for negligence?

One link, Two links, Three links, Four

I have come to the conclusion that 96 hours is really a rather short period of time. Just a few minutes ago, it was Thanksgiving. Now it's 9 days prior to my first law school exam. Am I ready? Not yet. I still need another month or two to digest all of this nonsense. I'm getting closer though. I re-read all the Property and Contracts cases that we've covered in class. I have about 300 pages to go on Torts. Once that's complete, I'll review my outlines a few more times and start taking practice exams. I know all of the general concepts, but I still need to hack away at some old exams to perfect my skills of spotting legal issues. A lot of issues slap you in the face. Others aren't so obvious. It's the additional not-so-obvious issues that we'll need to catch in order to achieve that "A."

One of the topics we covered over the last couple of weeks in Torts was proximate cause. This is causing me headaches. Basically, proximate (or legal) cause is an element of negligence to determine whether or not the law will provide a remedy. The key is to determine when to break the chain of causation. For instance, say I pour gas into my cooler scooter and then light a cigar. After taking a few puffs, the scooter explodes and catches the house on fire. Due to my superhero-like capabilities I avoid harm, grab the beer from the cooler, call the authorities, and run to the street to view the fireworks. It's easy to see that I negligently caused the house fire, but could I foresee the neighbor's house burning as well? Most likely I'll be liable for negligence to the neighbor. Now, what if the next house caught on fire, and the next, and the next, etc.? Where does the causal chain get severed? Should I be responsible for all of the houses? Depending on the facts, the courts will likely break the chain of causation at some point. Some jurisdictions will break the chain after the first house. Some may go further. It also depends on whether people had insurance, etc. Hypotheticals like these will definitely be on the test (minus my creativity of course). Sometimes it's a pain in the neck determining proximate cause.

Electronic Disclaimer

This just serves as a notice and somewhat of a warning to not mess with me. I'm burrowing myself in a hole for the remaining days before finals. I will be avoiding the library like the plague when others are around. It's just a bunch of stress floating in the air. I don't want that hovering over my head. Instead I lock my doors, turn off all of the lights (except for a desk lamp and computer screen), and put the phones on silent. My only method of contact with others is self initiated. I do keep my email up at all times though. You never know when friends are going to send some absurd fat lady porn. It's a must that I keep messages like these flowing so others can enjoy. It's my duty to society and society's duty to me. Something has got to keep me moving during finals.

No cheese, just turkey

Other than a couple blurbs here and there, I was debating on writing anything during my final weeks of studying this semester. You're in luck though. Someone needs to hear me whine just so we all know that I'm still around. I heard that Coca-Cola was opening a new bottling plant down the road to help support my caffeine addiction during finals. I'm drinking more caffeine than beer. Now that's amazing.

In preparation for finals, I've finished re-reading all of the cases we've covered in Property and my outline seems pretty solid. Now I'm working on Contracts which is a heckuva lot more pages to read. The outline for Contracts is coming along well, but I can tell it's going to be rather large. Once my Contracts outline is polished to a degree that even a hooker would be proud, then I'll move onto Torts(the easy class). Torts is last but not because it's easier to understand. I'm using this method suggested by some of my professors. It's called 3-2-1.

Basically, you arrange your classes based on reverse order of when you take finals. Start with the last final and study for 3 straight days, then the previous final for 3 days, and then (for me at least) your first final for 3 days. Then do 2 for each class. Then 1 for each class. At the end, your last study session (which will wind up being for your first final) should fall on the day before your first exam. Rocket Science! Hence you should be prepared if you start well in advance...and I have.

I never used any special study techniques before in my college experience. Instead, I just worked on problem sets until I felt ready. I actually feel organized doing things this new way.

I'm going to study my balls off over Turkey weekend while everyone else gets fat and lazy. Back to studying for me...Maybe I'll provide a weekend update sometime.

And I thought law school was exciting

I traveled north this weekend to visit a place less infested with violent crime. On my way back through sticks of Mississippi, I was traveling on the interstate around 1:30 a.m. I seemed to be the only vehicle on the highway. Then, I noticed a car way in front of me. At the time it seemed as if I was getting closer. Then, pooooffff!!! He magically disappeared. It was in an area where the distance between exits can be as far as 10 miles so I was pretty sure he never exited. Shortly thereafter, I noticed a car approaching me from behind at a high rate of speed. He used his signals while changing lanes to go around me. I noticed his back window had some sort of sticker containing a thuggish phrase. He exited the interstate at the next exit but I didn't see him turn when he came to a stop. Then I noticed a car with flashing lights at the end of the upcoming on ramp. Several teens were waving lights trying to flag me down. One was even reaching out into my lane jumping up and down with what looked like a light from a cell phone in his hand. The hood of the car was up and several thuggish looking males were standing outside the car. I moved over to the left lane and flew on by. The car with flashing lights looked similar to the one that passed me and exited the interstate moments before. I kept looking in my rear view mirror to make sure these punks weren't going to chase me down. I laid on the gas and that was the end of it.

Now, here's my theory. I think the car with flashing lights was the same car that I noticed way ahead of me several miles back. I'm assuming the car that came hauling tail from behind me was friends with these fools. I think I was a target for a highway robbery. It just seemed awfully suspicious. First, why wave open cell phones in the air in an attempt to flag me down? If you have a cell phone, use it for its intended purpose. Second, why did the car behind me use signals to go around but fail to use a signal at the end of the off-ramp? Finally, what in the hell am I going to do that three or four other males can't?

How can I relate this to law school? Was I negligent? Well, I have no duty to assist others, so the answer is no. I only have a duty to act reasonably if I decide to do so. I've read too many cases in which people sued for damages when another person was simply trying to help. Plus, I'm not nice enough to help.

Eat the cheese

Tonight is about Legal Research & Writing. This evening was our last meeting for the class. Our final paper is due Tuesday evening 7:25 sharp. The good thing about tonight is that we got some cheese. The professor gave us a few tips...actually too many tips. She discussed each element of negligence and some hints as to what to include and what not to include. She discussed some precedent cases that we all should have discovered and the relevant statutes in the Civil Code. It provided a little more insight into what she expects to see, but I basically had everything she gave hints about. This somewhat irritates me because I noticed dollar signs in eyes of some of my peers as they quickly jotted down this new information. I kept thinking, "Would you please shut up? I am obviously a few steps ahead at the moment and now you're giving away all of my thunder." Most of these people wouldn't have mentioned some of the things she hit on. Now I have to refine my paper to make sure I have something else in my paper to make it stand out.

On another note, we've all been told time and time again that we're not allowed to communicate with our classmates about any of our papers until after they are due. I failed to mention this a few weeks ago, and since we're on the topic of this class it seems fitting to drop a few lines about some threats made to the class. Apparently, the professor has spies out to catch people cheating. Every time I go to the library I see groups of 1L day students with papers out in groups. They're obviously breaking the honor code. In class a few weeks ago, our professor mentioned that the faculty was discussing the possibility of giving the entire 1L class zero's for Writing Assignment 2 because it has been brought to their attention that some folks have been cheating. It seems obvious to me that if they really wanted to go catch the cheaters all they would need to do is drop in the library and open their freaking eyes. I think it was just a bluff. Personally, I don't give a monkey hole about giving the whole class a zero. That would be fantastic. Mathematics tells me that is equivalent to giving the whole class an A+ since the course is graded on a mandatory C+ curve. Obviously the professors overlooked basic mathematic principles. But heh, liberal arts majors have trouble passing pre-algebra.

By the way, no one received a zero.

Dreaming about the law

I read so much about the law that I now dream it. Most people have fantasies fulfilled or nightmares experienced during their sleep. I used to be one of those people. Now I dream about the law. I wake up in the middle of the night hearing some drunk fools stumbling home from the Pub next door and all I can think about is particular articles contained in the Civil Code. Was this a breach, was that a breach? Did the possessor acquire the land in good faith with the intent to possess as owner? It's law 24-7. I even catch myself reading material online and saying, "What? That's a Tort. Let me think about he'd win this case." Battery, Assault, Possession, Acquisitive Prescription, Breach, Statute of Frauds...It's all pounding in my head and I can't seem to get away. My blood pressure is on the rise, my temper has reached an all time high, my nervousness is getting worse...It must be close to finals. I've thumbed through my books so much that they look like I tossed them in a river and fed em to hungry bears. At least my dreams about the law reassure me that I'm actually absorbing the material.

Lucky you...two posts this evening

Hah!!! This is great. I often jot down great quotes that I hear during class, either from the professor or other students. I also jot down stupid quotes from stupid people during class for my later enjoyment. As I was studying this evening, I came across a page of notes and at the top I wrote (verbatim):

"Are there any supplements that tie all of these laws together?" Quote from Dumb-ass #2 (10/03/07).

This was in reference to the Louisiana Civil Code which is nothing but statutes...oh and by the way, they're organized by category. You're in law school dude...learn to comprehend.

I'll catalog my collection of this semester's quotes after finals. You'll be entertained by my note taking.

Three of my favorite quotes from professors this semester:

"Life sucks, get a helmet. While you're at it, grab a bag of Trail Mix and a canteen full of water."--In reference to sissies who sue.

"Don't be stupid. Eat the cheese when I give it to you. It's not a trap."--In reference to hints given for a writing assignment. Later in the semester, I noted:

Dumb-ass # 2 again: "Can we have more cheese?" 11/07

"They give you crack for free as a law student. You become a fiend and depend on it when you get out. Learn to use the stacks. During a clerkship, judges don't have money to waste on your lack of research efficiency."--In reference to not becoming too dependent on Lexis and Westlaw since they are very expensive online law library services.

Time keeps passing me by

Something about law school seems really strange to me. This semester is nearly over and I feel as if I just had my first day of class a couple of weeks ago. I remember that prior to starting law school I kept telling myself, "Oh great! Another four years of school. Will this ever end? I just want to relax and be satisfied with my education." Maybe it's the constant pounding in my head due to the severe stress caused by the law school experience. It's hard to notice years of my life slipping away as I'm reading endlessly into people suing other people. One thing I do have to give the law school experience credit for thus far is that I actually feel much smarter than I did 3 months ago. Not only can I argue with a brick wall now, I can do so intelligently. I feel as if I now have a certificate/license to argue. It's my duty to the public.

In high school, you just want to get out. You become legal, you're closer to the drinking age, and college partying is just a few steps away. In college, you drink yourself stupid and just want to get finished so you can start making some actual cash. Then you get out, and at least for me, you want to go back. In graduate school, you feel like you're almost there. Then, of course, comes the Ph.D which I've postponed for now. Now it's law school. I still can't wait to get finished, but for the first time in my higher education experience I look forward to going to class and learning more about the law. Maybe I've found my true calling. Although it's a major pain in the neck, I enjoy going to law school. I'm surrounded by some very brilliant people, many more than I encountered during my undergraduate/graduate experience. Law school is unique. Everyone is a Type-A personality...very aggressive and competitive. At the same time, however, there exists a camaraderie between the students. These are now my brethren. I look forward to kicking their tail in the court room and subsequently inviting them for a weekend on my yacht.

Highlighting at bar

I suggest for students in higher education to learn how to study in the bar. It builds skills needed to overcome distractions. It's not easy at first, but you'll learn to adapt. Here is a method that I gathered from various sources for bar study. In briefing cases, you need to be aware of the Facts, Procedural history, Issues, Rules, the Holding, and most importantly the analysis of the case at hand. You can't really take the laptop to the bar because you might spill your beer on the keyboard. The same goes for pen and paper. So your best option is to book brief and pray you don't soak the pages in suds. Use 5 different color highlighters. Yellow for facts and procedural history, orange for issues, green for rules, blue for analysis, and pink for the holding. When you get home, all you have to do is brief the cases on paper according to your color coded pages. Simple, eh? Genius it is, but I cannot take credit for inventing this method of study.

Warning: You will attract bar sluts that seem to think it's cute to study at the bar. Take caution though or I'll be representing you on your future negligence claim.

Can't discuss it now

I'll discuss my analysis of the facts in my previous post (yes I know I originally screwed up the aliases by mixing and matching them which may have confused you if you read it prior to 5 p.m. Wednesday, but it's fixed now) after my assignment gets turned in.

In class, we discussed the duty that our client's boyfriend owed to her in not disclosing his prior relationship before having unprotected sex with our client. First, he was aware of the fact that HIV can be transmitted via sharing needles with HIV infected persons. Knowing this, he still did the dirty-dirty with this whacked out drugged up chick. I think it's a slam dunk case, but that's just my opinion. I wanted to discuss the duty element in detail this evening, but I better not...just in case I negligently state something that violates our honor code. So I'll spare the details of my analysis until after the assignment is due. I know you were anticipating my comical analysis, but you'll just have to wait. I would apologize for getting your hopes up, but that would require me being nice. I don't see that happening.

I'm attempting to finish up the paper this evening so I don't have much time to discuss anything tonight. However, tomorrow I look forward to sharing my "Studying in the bar techniques" with you. Yes, I said "Studying in the bar" not "Studying for the bar."

Injection Please

Here's a little background on the facts for the final writing assignment that I've been busy working on. A chick (a.k.a "V" for self proclaimed virgin, although she may be a closet whore) met some dude in one of her college classes. The two began dating in January of 2004 and became involved sexually with one another shortly thereafter. In May of 2004, they were engaged to be married and the wedding date was set for May of 2005 after V finished her undergraduate degree. Shortly before May of 2005, the boyfriend requested to postpone the wedding so they could save up some money to buy a house together. V started pursuing a graduate degree. Upon finishing the degree, V broached the subject of marriage again. This time the boyfriend told her there could be no marriage because he was still in love with a previous lover in which he continued to meet on occasion during their relationship. He broke up with his previous lover before meeting V because his previous lover had a drug abuse problem. He often frequented parties with his former lover (a.k.a. "D" for druggie) and witnessed her shooting up with needles shared with some friends known to have HIV. He warned D about the risks of sharing needles with HIV infected persons, but D didn't listen. He never used condoms with V, instead claiming that he didn't like to use them. After stating to V that there could be no marriage, he admitted that just recently his former lover (D) had called to inform him that she tested positive for HIV. Obviously, V was upset. V went to get checked out and found that she too had contracted the disease. V comes to me (the kick-ass lawyer) to sue her boyfriend for negligence. Will she succeed on a negligence claim? Of course she will, I'm the attorney.

Although not verbatim, the above facts comprise a short synopsis of our assignment. Credit must be given to whoever wrote the assignment.

To be successful on a negligence claim in the state assigned to us, the plaintiff must prove the following elements:
(1) Duty
(2) Breach
(3) Cause in fact
(4) Legal cause
(5) Damages

Tomorrow I'll discuss duty as we argued it in class tonight. I have some rather amusing comments to make. It's against the honor code to discuss any independent research we perform that's particularly relevant to our paper, so I'll have to spare some of the more exciting details of my research results until after we turn in the assignment.

Efficiency

I'm satisfied with my weekend production. Usually I get a lot of crap done over the weekend, but I always get into bed Sunday evenings telling myself: I coulda, shoulda, woulda (or however that saying goes) done a lot more, yet I was just too damn lazy. To my surprise, this weekend proved to be much different. I spent Friday night finishing up the majority of my research for my final paper. On Saturday, I plopped my fat caboose on the couch in front of a muted TV at ~11 a.m. and stayed put for the majority of the day. I suffered 3rd degree burns on my legs from uninterrupted usage of this energy inefficient laptop. However, in doing so I managed to get half of my final paper finished. Carrying the energy of self-satisfaction into Sunday, I commenced to partake in the same routine. Around noon or so, I again refrained from any physical activities and instead grabbed a beer and started in on my studies. Other than grabbing a quick bite to eat in the late afternoon, I was able to stay on the couch throughout the day and get all of my reading done for this coming week. Finishing this week's readings today was essential. It allows me to concentrate on finishing my paper over the next few days and will allow me to devote the remainder of the semester to the three classes in which I have final exams to take. Instead of wasting any more time writing this post, I think I'll stop to get some quality rest tonight. Then again, if I go to bed now, I may just continue to question myself as to whether I 'coulda' done more.

Day before Friday

Thursdays are good. Thursdays are bad. No more school until Monday, but now I have 3 days of grueling research and writing for my final Writing assignment accounting for 60% of my Legal Research & Writing grade. However, before diving into my weekend studies I must still complete a full day of work. Work + Law School = Major Sux0r. To anyone debating the option of going to law school, I highly suggest to not work. Go to school full time and get it over with. Bite the bullet, go further in debt, and just pray it pays off in the long run. They say you can work full time and go to school part time completing the degree in 4 years rather than 3. They're full of crap. They make very little mention of the fact that in going part time 2-3 of your summers will also be spent studying the law if you wish to graduate on time. Having to work and study every day, including the weekends, is mentally draining. I enjoy doing the work that I'm doing now, so I refuse to give it up. At the same time, it's 30 additional hours a week that could be spent studying. I rarely get more than 6 hours of sleep at night during the week. I'm able to catch up some on the weekends, but that just keeps me from getting the opportunity to go outdoors and catch a fresh breath of air. On a more uplifting note, they claim that after the first year you have more time available. If that's the case, then 1/2 of the 1 year Hell is nearly complete. Yippeeee!!!