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Topics - aldicarb

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Current Law Students / More torts stuff
« on: September 04, 2006, 03:25:54 PM »
 So how come no one seems to have heard that transferred intent can transfer between people (as everyone knows), but ALSO between torts. The  book Understanding Torts and E&E by Glannon point this out. One book cites the case Etcher v. Blitch among other case law.

Also... in terms of battery and assault in which offensive/harmful contact and apprehension are needed, respectively. I was taught in class and it seems pretty obvious to me that we look into the P subjectively. That is, we apply a reasonable person standard to what an offensive contact is- would a reasonable persno find this contact offensive? This applies to apprehension as well- would a reasonable person apprehend a harmful/offensive contact?

example: A touches taps B on shoulder to ask a question about a flight arrival time. B is severely offended and sues A for battery.
Under the reasonable person test, this is not actionable, as a reasonable person in our society would not find such a contact as offensive... as opposed to a push, punch, etc.

Glannon in his EandE point this reasonable person standard out and so do other books, and my professor. However, some people on other boards seem to be completely baffled by this pretty obvious idea. Most of these scholars and judges pull this standard from the language of the Restatement of "offend a reasonable sense of personal dignity".

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Current Law Students / Transferred intent hypo
« on: September 04, 2006, 02:39:59 AM »
This part of a hypo given by my torts professor.

Slamming down the receiver, Angie screamed "I've had it with you, and Im going to get you!". John sat stunned at his secretary station outisde Angie's office. She had been angry at him before, John thought, but never this angry. John was terrified, he decided to call security.


Before John could call security, Angie's door swung open. Scowling, she headed for John, carrying a heavy stack of filesin her hands. She held the files as she approached John, and prepared to slam them down on John's desk for filing. John, however, was sure Angie was going to slam the files on his head. To avoid the result, John quickly dropped under his desk.


Angie, still holding the files, realized what had happened and laughed. "Im not going to get you now. Youll regret your behavior. Maybe not today, maybe not tomorrow, but soon, and for the rest of your life. Now file these." She slammed the files down on the desk, just above John's head, and walked away. John had heard what Angie said, but was shocked by the sudden crack of the files slamming on the desk. His head jolted upward, striking hte metal underside of the desk.


Discuss the claims for John v. Angie for battery and assault
-----

Firstly, I believe John has a good claim for assault. Angie should have been substantially certain that her screaming at John from her office and scowling while coming out at him with a heavy stack of files would cause an apprehension of offensive/harmful contact, particularly considering that she has been "angry" in the past.


I am unsure about the battery. Under transferred intent, the intent from the assault would transfer to a battery (when John hit his head). But the problem is that the contact did not occur until after Angie had explained that she wasn't going to hurt him, at least not until until the future. And future threats do not count as an assault. So basically, I am concerned with the fact that the real assault, of Angie coming out with the files only caused John to go under his desk. The contact was caused, however, by the stack of files hitting his desk, scaring him. But by this time Angie had explained to him what she said and I doubt she had substantial certainty that he would hit his head by her dropping the files on the desk. So I would say he wouldn't have a claim for battery, even under transferred intent.

what do you guys think?

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Current Law Students / Some things about LS Confidential
« on: February 18, 2006, 01:57:50 PM »
 I have delved into Law School Confidential recently and have a few things to bring up and see if anyone else feels this way. First of all does anyone else feel who has read it that it definitely has a slant.. in the sense that this guy thinks that getting 4 B's in your first semester of 1L is just horrid? I mean come on.. the book gives the sense that anything except mostly As and a B+ is bad and makes it unable for you to find a 1L summer position.


Blegh... and the highlighter trick? Im not sure how I feel about highlighting my books in a rainbow of colors.

What do you guys think of this book and its particular study methods?

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Acceptances, Denials, and Waitlists / In at McGeorge!
« on: March 28, 2006, 06:20:23 PM »
Im in at UoP McGeorge PT!! Yay so happy

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Acceptances, Denials, and Waitlists / In at Chapman
« on: February 21, 2006, 05:36:40 PM »
 Just got my Chapman acceptance today... ;] no word on scholarships.

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Acceptances, Denials, and Waitlists / Hastings Ding
« on: February 07, 2006, 01:18:19 AM »
 Its my first ding ... at Hastings. Although it was a huge reach its still sad and annoying.. just how this process is so numbers based.

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Acceptances, Denials, and Waitlists / In at Cal Western!
« on: February 03, 2006, 10:18:10 AM »
 I missed a call from a 619 area code, called it back and was told I was accepted to Cal Western by an admissions counselor, received acceptance by mail that same day. Scholarship info coming separate... yay ;]

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Choosing the Right Law School / RE: Working overseas
« on: January 30, 2006, 10:08:25 PM »
 I am very interested in living in Australia sometime in the future. Although I am going to law school here in the U.S. I hope to eventually find a way to work in Australia. Does anyone know of any resources for U.S. attorneys working in Australia? If I wanted to work as a lawyer there what would I have to do after completing a J.D. in the U.S.?  Also, anyone know of any websites for law firms that have offices in Australia?


P.S. I plan on going into biotech intellectual property, as I have a background in biochemistry

Thanks

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General Off-Topic Board / RE: Working overseas
« on: January 30, 2006, 05:31:40 PM »
 I am very interested in living in Australia sometime in the future. Although I am going to law school here in the U.S. I hope to eventually find a way to work in Australia. Does anyone know of any resources for U.S. attorneys working in Australia? If I wanted to work as a lawyer there what would I have to do after completing a J.D. in the U.S.?  Also, anyone know of any websites for law firms that have offices in Australia?


P.S. I plan on going into biotech intellectual property, as I have a background in biochemistry

Thanks

10
Law School Admissions / Feedback?
« on: January 26, 2006, 01:26:08 AM »
Hey everyone - I wanted a quick opinion poll. I have applied to a bunch of schools and wanted to know what you all think will be the decision on them.

GPA: 3.31
LSAT: 154
Major: Biochemistry & Molecular Biology, minor in History
Decent LORs
Excellent PS
Good resume

University of the Pacific (McGeorge)
Golden Gate
Southwestern
California Western
University of San Francisco
Santa Clara
Chapman
University of San Diego
Loyola - L.A.
UC Davis (my alma mater)


I know some are big reaches , but what the hell.
oh and I already got into Whittier with a 20k scholarship.

p.s. Im not going to re-do the LSAT.. If i am really not happy about where I got in.. Ill delay till next year.. but for now I am set on going fall 2006.

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