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Messages - Dicta

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11
Current Law Students / Re: UCC definitions of merchant
« on: January 01, 2005, 06:13:21 PM »
Thanks Duma. I hope I live long enough to take this exam. The wait is terrible....

12
Current Law Students / Legal Writing/Appellate brief
« on: December 31, 2004, 09:24:39 PM »
Wrote a memo re does client have COA for lack of informed consent if a physician does not advise of ANY risks of a prescription drug which is deemed proximate cause of patient's death.
Argued yes, there is COA based on Tn medmal statute and some common law. There was conflicting Tn case law in that some courts addressed LOIC as battery, but most (especially Tn Sup Ct) addressed LOIC as sounding in negligence....
Anyway, now we have to write appellate brief to Tn Sup Ct. Client has lost at trial level and appellate level b/c court says LOIC for prescription drugs sounds in battery, not negligence.
Ok, the folks who get to argue to Tn Sup Ct for client have their case made out for them.
How do I argue for the physician when I know (and Tort's professor has made it clear) that in TN LOIC sounds in negligence......opinions?
Am I missing something really obvious here on how to present this (losing) argument? I know it is supposed to be about the writing and not the law, but this just rubs me the wrong way....

13
Current Law Students / UCC definitions of merchant
« on: December 31, 2004, 09:00:39 PM »
Is a computer software consultant who sometimes brokers the software he recommends considered a merchant? Would a contract for goods AND services fall under the UCC or common law (as for modifications and mirror image acceptance)? Opinions?
Wondering how to analyze this in a fact pattern (seen on prof's old test).
Believe it or not I have yet to take Contracts and Torts. Contracts scheduled for Monday and Torts cancelled almost 2 weeks ago due to bad weather.....
Thanks for any insight. ???

14
Current Law Students / Re: Got Mnemonics?
« on: December 22, 2004, 07:01:40 AM »
AMFYOYO

15
Current Law Students / Re: Most hated people on this board
« on: December 11, 2004, 09:12:00 PM »
awwwww don't be coy........ :-*

what the f**ck did I do???

16
Current Law Students / Re: Scarf for sale 1 cent! great gift
« on: December 11, 2004, 09:10:18 PM »
You would make beautiful babies.....

17
Current Law Students / Re: Gimme the low-down on Vanderbilt
« on: December 10, 2004, 06:42:09 PM »
I think by the time Cornelius' grandchildren died the original Vanderbilt fortune had been squandered......Fortunately the women married well!

18
Current Law Students / Re: Gimme the low-down on Vanderbilt
« on: December 10, 2004, 04:52:25 PM »
Yep, that's the "politically correct" version.
I would expect more dirt from you lawboy! :-*

19
Current Law Students / Re: Most hated people on this board
« on: December 09, 2004, 10:05:09 PM »
Downy is so bad he is good. I vote Boxergirl!

20
Current Law Students / Re: Gimme the low-down on Vanderbilt
« on: December 09, 2004, 10:03:45 PM »
There's a Starbucks and a great tex/mex joint really close. The campus has a lot of trees....

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