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Messages - Dicta

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Nashville School of Law / Re: Torts Quiz
« on: January 02, 2005, 10:03:51 AM »
What is the diff between compensatory and punitive damages. What are the types of compensatory damages and when are punitive damages awarded?

Nashville School of Law / Re: Torts Quiz
« on: January 02, 2005, 10:02:57 AM »
What is the statute of repose for products liability?

Pointless Arguments / Re: JJ and Susan
« on: January 01, 2005, 09:53:40 PM »
Actually I have a BA in English Literature from UT and MS in Journalism/Media Management from Virginia Commonwealth University.
It would seem to me that some of the near illiterate are doing quite well........ ???

quote author=n2dlaw link=topic=859.msg7641#msg7641 date=1104386988]
All-in-all - it's almost laughable - you can't write a five-page memo??  I guess they don't have English 101 at Phoenix University.  We probably need to start a fund to buy all of the cheese we can to go with the 'whine.'

Nashville School of Law / Re: Contract Quizz
« on: January 01, 2005, 09:40:14 PM »
give me an essential term that cannot be filled by the UCC gap filler provision....(please)

Nashville School of Law / Re: Torts Quiz
« on: January 01, 2005, 09:39:23 PM »
when is a seller liable for injury that occurs as a result of his alcohol sale?

Nashville School of Law / Re: JJ at NSL
« on: January 01, 2005, 09:38:30 PM »
I'd like to know that stat too......
It's frightening that the right wingers are now indoctrinating lawyers! What's next?

Studying and Exam Taking / Re: UCC definitions of merchant
« on: January 01, 2005, 08:13:21 PM »
Thanks Duma. I hope I live long enough to take this exam. The wait is terrible....

Studying and Exam Taking / Legal Writing/Appellate brief
« on: December 31, 2004, 11:24:39 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....

Pointless Arguments / Re: Why Mr. Bush?
« on: December 31, 2004, 11:10:57 PM »
I'm just disgusted.....too tired to complain......

Pointless Arguments / Re: Voting should be mandatory
« on: December 31, 2004, 11:09:02 PM »
I am going to start my own benevolent dictatorship on a small Caribbean island which will be purchased for me upon completion of law school.
New law grads are encouraged to apply.

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