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Messages - panahi

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1
Ave Maria / Re: So Who Made It?
« on: September 22, 2005, 11:34:08 AM »
That is the same way I felt last year. I love this school. It is so comfortable and yet at the same time I feel I am getting the highest quality education. Home sweet home. I am even considering living in Michigan for a few years after school. Hip Hip Hooray Ave.

2
Ave Maria / Re: Ann Arbor tips for new comers???
« on: July 15, 2005, 10:02:35 PM »
Yeah,

Try Windemere apartments. They specialize in Ave Maria students, so I am sure they will work with you.

And, the winter isn't that bad. No snow shoes necessary. Some good snow boots are nice. You only need one jacket, and a good sweater. And I'm from deep in the heart of Texas.

Brian

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Studying and Exam Taking / Re: Someone please explain "intent"
« on: July 12, 2005, 10:13:18 PM »
Consent is a very specific thing. Consent to one leg does not imply consent to the other. The thing to focus on is whether the doctor knew or should have know that his operating on the wrong leg was harmful or offensive contact. Now, granted, he did not know he was operating on the wrong leg. This is why it may be better to try this case in negligence. Intent is all about the actors state of mind. There are two elements to a battery:

1. Intent (purpose to, or knowledge that actions would) cause:
   a. harmful or
   b. offensive contact
2. Harmful or offensive contact results

Battery is an intent tort. It revolves around the doctor's subjective intent.

We know that offensive and harmful contact resulted. The guy lost his good leg.

We may have some trouble determining whether the doctor had the requisite intent to have committed a battery.

We must analyze what he knew, (not: should have known, thats negligence), and what he had the purpose to do.

If he was negligent, and he was aware of his negligence at the time he amputated the leg. Say, for instance, that he had not looked at the patient's file, and he knew that this lack of knowledge could result in amputating the wrong leg, then he probably committed a battery, because he had knowledge that he could be causing harmful and offensive contact. The fact the he may have had doubts whether his negligence was resulting in harmful and offensive contact, is the weakness in the battery argument. It is important to note that the battery claim revolves around what he actually knew in his mind. Did the thought enter his mind that he was amputating the wrong leg, or was he thinking he might be amputating the wrong leg. The latter may still be battery, but it will be more tenuous.

So, really, in court, you could pursue a negligence claim and a battery claim resulting from the negligence claim. The important thing is to concentrate on what the doctor knew or meant to do.

Brian

Hi! You give a very good explanation of these things. The only question I have...or the only thing I question rather, is...since the only context I could think of where a doctor would have opportunity to amputate a "wrong" leg would be where he had permission to ampute at least "one" leg...thus, in the hypo where Dr. amputates wrong leg, it could only be construed as professional or medical malpractice....

4
Ave Maria / Re: Ann Arbor tips for new comers???
« on: July 10, 2005, 08:37:14 PM »
I have a little Nissan pickup, and I had to put sandbags in my bed one day to get to school. I was just spinning the tires on the snow. It was the morning of my contracts final. I think as long as you have some weight over your drive wheels, you will be able to get around just fine. You need to get a snow scraper for the winter, some gloves, a rain coat, and a warm hat. It gets really cold in the middle of winter, really cold!

Summer is perfect here. The sun comes up at 5am and sets at 10pm.

Brian
Ave Maria 2L

Do you need a car in Ann Arbor? 4 wheel drive? How are snow conditions? How far is skiing?

Also, does anybody know an apartment complex that allows Chow Chows.

I am considering taking the plunge at Ave Maria- can't beat the scholarship offer. Any info or encouragement would be greatly appreciated.

5
Ave Maria / Re: How Catholic is Catholic?
« on: June 30, 2005, 07:27:01 AM »
Recently on an announcement from the Academic Dean,
it was said that the school is not a conservative school. It is a Catholic School.

My experience has been that people are mostly conservative, although that seems to mean a lot of different things to different people. I am so not sensitive about political thought, unless I just happen to be grumpy that day, that I really don't notice these kinds of things. But I haven't noticed anything peculiar. They do hold mass regularly, and the speakers that talk with us are generally conservatives. But I don't thionk its planned. I think they just choose who they woukld really like to have speak, not like some conservative agenda.


6
Ave Maria / Re: What do you think of Ave Maria
« on: June 30, 2005, 07:20:35 AM »
Well,

I am now a 2L at Ave. I have found the faculty to be nothing less than excellent. I am learning a great deal about the law. The school just recently received ABA approval from the board for full ABA accreditation, and they only need one final approval. The school received the highest praise from the review committee throughout the accreditation process, and was said to be the ABA's role model for how a start up law school should be.

I don't have a single complaint about the school. The students are bright and involved. We have a great community, and we have big parties, and get togethers all the time.

I started the Intellectual Property Group at Ave Maria, and I am the president now. We brought in a great speaker last semester: Tom Irving, Partner of a prominent IP firm, and it was a great success.

7
Studying and Exam Taking / Re: Someone please explain "intent"
« on: November 26, 2004, 09:54:41 PM »
Intent
   -purpose to cause harmful or offensive contact
  or
   -substantial certainty that the actions will result in harmful or offensive contact

Intent is a double pronged test. The second prong is a more lenient standard, and catches a lot of situations that the first prong would not catch.

Offensive contact means that a reasonable person would exclaim "outrage" at the idea of the type of contact. Amputating someones leg without their consent would cause a reasonable person to exclaim "outrage".

If a doctor amputated a leg, and could foresee that doing so without consent would cause someone offensive or harmful contact, and it was proved that he did not have consent, then there is the requisite intent to find battery.

You can and should combine this with the reasonable man standard. That is, this is all from the viewpoint of the mythic reasonable man: Barry Bonds. :)

That intent can then be transfered, in some cases: like if the doctor intended to amputate one man's leg and then mistakenly amputated another man's leg. This can be seen in negligence actions too, with the foreseeability part of the negligence test for the prudent man. Once intent has been established, it can be transferred from the intended victim to another nearby or connected victim.

8
Ave Maria / Re: What do you think of Ave MAria
« on: August 08, 2004, 02:47:11 AM »
I visited the school.

The pictures on the Ave Maria website are accurate, however, the building feels more solid in person. The facility is legitimate, and from what I have heard and seen of Tom Monoghan he is very serious about what he does, and he does it well.

The people at Ave Maria are friendly and helpful. Everyone I met had a smile or a nice attitude. The building was also well staffed for the summer.

The support of three people closely connected to the Supreme Court seems to indicate that the school has the kind of support necessary to develop a reputation. The dean, Dean Dobranski, is well spoken. He seems to garner quite abit of respect from others.

The school board have under advisement the possibility of moving to Florida at some point, but have officially decided to stay in Ann Arbor for the current school year at least until the subject comes under further advisement.

The schools approach to Catholic education, a tradition with a strong showing in US law schools, is a novel one. Rather than preach Catholic morals and then teach law, they aspire to integrate Catholicism into the law and the law school experience. It feels like a more modern and trendy approach to the tradition.

Some points that may make or break the school:
-How they interact and coordinate with UM down the line
-How students respond to Catholicism truly integrated into law
-How many good students they continue to attract

I am optimistic about the school. From the time I first found out about the school it has just made a more and more solid reputation with me. They talk the talk and walk the walk. Have faith brother. ::)

9
Ave Maria / Ave Maria's Discussion Board
« on: August 08, 2004, 01:47:20 AM »
 ;D Does anyone know how to get on Ave Maria's "official" discussion website ( the one at http://lawmail.avemarialaw.edu/exchange/logon.asp )?

Or does anyone want to chat about the summer reading?

10
Ave Maria / Re: Nyone going to Ave Maria?
« on: July 29, 2004, 01:37:16 AM »
Yes, I have received and read the 50 questions book. It is an interesting read. Do you have any insights?

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