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Messages - zemog

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81
General Board / Re: Torts question - joint tort feasors
« on: May 09, 2005, 04:27:58 PM »
Thanks.

82
General Board / Re: Laptops for exams?
« on: May 09, 2005, 04:02:50 PM »
It's voluntary and I prefer laptop.  Most of profs prefer it actually.

83
General Board / Re: Chapman U
« on: May 09, 2005, 03:24:43 PM »
Here's some counterpoints...4th tier so weak alumni outside of Orange county, even within it is relatively new so schools across town at Western State and Whittier who have been around since the 60s have stronger alumni in OC (I believe Western State though not ABA approved has the most lawyers and judges in OC), only strong program is tax law. 


84
Sounds like you're not even sure you want to do law school since you hinted you might go to graduate school.  I think you need to figure that out what you want to do first.  Is it law school or is it MPA school?  If it's law school, you just need to weigh your options and go for it.  You said you aren't good at standardized tests, maybe if you took a prep course you might get into the 160s and get into one of your first choices.  If not, given that you are already done with your undergrad and are stuck with your 156, and you sound like you have the best of recommendations, then you have to pick your backups (that's what they are for, if you don't get into a first choice, you go to a backup school), and then excel there and transfer.  The only other thing I could think of besides taking the LSAT again is maybe volunteering, getting some work experience and applying to part time schools since they are easier to get into, applying earlier in the admission cycle, maybe apply to spring programs because they are easier to get into.

85
General Board / Torts question - joint tort feasors
« on: May 09, 2005, 09:46:56 AM »
Ok, I'm looking over my notes and see something about joint tort feasors, joint and several liability, and concurrent tort feasors.

Is there a difference or are they all referring to the same thing?

86
General Board / Re: Venue Question
« on: May 06, 2005, 09:24:39 PM »
Didn't take civ pro yet, but got this from some online notes.  Hope this helps.  The below goes over some background and basic stuff about venue and then brings in the case you mentioned:

Venue specifies a specific court within a jurisdiction where parties can litigate.  For example, let’s say you know you have jurisdiction in Texas, but there are four federal district courts there.  Venue tells you where exactly you’re going to do your trial.

Why do we have venue?  It helps select where a case can be properly brought.  Isn’t that precisely what personal jurisdiction does?  If we eliminated venue altogether, we wouldn’t have too many problems since personal jurisdiction is pretty well-developed.

Where does venue fit into our decision tree of jurisdiction?  What about notice and forum non conveniens?  Are they preliminary matters, or matters to be determined after the jurisdictional analysis?  Fairman says that it doesn’t matter much.  He says that venue will almost always come after jurisdiction because no jurisdiction usually means improper venue too.  In other words, the venue test often collapses into the tests for personal jurisdiction.

We will look at the federal venue statute, 28 U.S.C. § 1391, as a model for all venue statutes.  Part (a) deals with diversity-only claims.  Part (b) deals with not-diversity, or “federal question”-type cases.  Part (c) is a special provision for corporate defendants which says that venue basically collapses into personal jurisdiction..  Part (d) is all about aliens.  Parts (e) and (f) are all about governments.

There is a rule that is not in the statute: “Venue for one is venue for all.”  The exception is in the case that follows, where even though the venue is appropriate for the foreign defendants, it may not be appropriate for the domestic defendants.  Furthermore, just because an alien defendant can be sued in any district doesn’t mean there will be personal jurisdiction over them in any district.  This is analogous to the provision that collapses venue and personal jurisdiction for corporations.

Dee-K Enterprises, Inc. v. Heveafil Sdn. Bhd. – The plaintiffs are American companies suing foreign companies.  The defendants challenged personal jurisdiction and venue.  Is venue proper in the Eastern District of Virginia?  The foreign defendants may be sued in any district.  The American distributors can only be sued in districts where they can be “found”.  The court looks at the contacts of the American defendants in Virginia and finds that some of the American distributors can be found in the Eastern District of Virginia, though some may only be found in the Western District of Virginia.

In a diversity action, we would use state law.  However, in this international anti-trust case, they look to the federal statute, which is the Clayton Act.  We can also look at FRCP Rule 4(k)(2), which has a provision for defendants without contacts with any one state sufficient to constitute jurisdiction.

87
General Board / Re: MBA v. JD
« on: May 06, 2005, 05:05:20 PM »
I don't have a MBA but I've been in the corp world for around 10 years now and at my age, have known many friends that have gone through MBA, law, and medical school, and several that are JD/MBA and JD/MD. 

Here's what I gathered and of course, just a generalization of what I've heard but not have experienced first hand.  Medical school is the hardest and most intensive in regards to course load, mental toll, and pressure, law school is next, and MBA is last.  Part of the reason I ranked Medical and Law school higher is the mere fact that though you can cruise through all three, ultimately, you have to take an exam after Medical and Law school.  With this fact, you can't slack off as you could in MBA school and just get by to get the degree, and actually by law, be able to use that degree. 

Another reason is the fact that medical and law school is longer than MBA school and it's not because medical and law school have less units per semester.  To the contrary, I have a friend currently in their first year of MBA school PT night and is only taking two classes per semester, while I am in first year of law school PT night taking four classes per semester. And he will still graduate 2 years earlier.

My last reason is a lot of information you learn about business is more readily available and more understandable in the real world as opposed to medical or law school.  What I mean is, you can be a Subway manager to a corporate manager to a mom and pop shop owner and know alot about business management, but there are not that many avenues in the real world that can give you knowledge of medical or law. 

Again, this is just what they told me and what I have gathered.  Nothing first hand and nothing here is to minimize MBA or JD or MD or anything like that.

88
General Board / Re: How much time did you take off?
« on: May 05, 2005, 08:53:41 AM »
I didn't take any time off.  I don't really get your question, I mean, if you need a vacation, then take one, if not don't take one.  If you don't, your next break will be in December, and you can take one then. 

89
1L job search / Re: 1L summer opportunities for Part Timers?!
« on: May 05, 2005, 01:20:38 AM »
The summer classes are also offered at night for the PT night students, but I don't see what would prevent you from taking classes during the day, if you wanted to or were available to, and I don't see a school saying you couldn't.

90
General Board / Re: Government Work and Politics
« on: May 05, 2005, 01:11:39 AM »
It's not really what you are thinking, not that I am sick of the corporate world so much. I have worked in the consulting business for about 10 years now. I've always been interested in law enforcement and have worked with them when I was younger, but due to some incidents that could have taken my life, I steered clear of the law enforcement route.  I've just recently got the itch again and I guess a legal career in the DA or attorney general's office will take care of the itch without, hopefully endangering my life. 

Had enough of the corporate hell? What area of business have been employed in? What has you changing your mind? Good to know there are others who see something beyond the devilish lure of BigLaw.

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