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Messages - Wild Jack Maverick

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Current Law Students / Re: Civ Pro Question
« on: December 09, 2004, 03:05:13 AM »
"Past recollection recorded" is the use of  previously written statement or answers to refresh the memory of the witness during examination. The witness must also remember making or writing the information referred to in the record, which is "present recollection revived." Since the recorded material is an out of court statement, it is considered as 'hear say' unless the witness admits it.

Evid. Code 1237(a); Fed. Rules Evid. 803(5)

also see Fisher v Swartz, 130 N.E.2d 575 (Mass. 1955)

Current Law Students / Re: What is your hardest class?
« on: November 29, 2004, 01:01:54 PM »
This is probably a good place for a question.
Do any of you feel as if  other circumstances, not the subject or material, cause the difficulty of the courses?

For instance:
1) law instructors who are well known for using 'trick' questions, or who grade mostly on grammar and punctuation, or are looking for a 'specific word' in an essay answer;

2) those 'clusters' of personal problems, family problems, financial problems, emergencies, etc, which seem to hit some people at various times;

3) annoying problems such as illnesses, pms, tension headaches or allergies;

4) other students or the teachers are distractions

Bar Exam Preparation / Re: Taking Two Bar Exams
« on: November 22, 2004, 02:48:21 PM »
I think it is well worth my time to research this. The more I look, the more I find. As of now I have three online sources which agree that Admin. Law is one of the subjects on the state bar (IN). Only one of the three sources says that Contracts is another one of the subjects, but Contracts is also on the MBE, and is usually one of the required courses.

The sources also word the subjects differently, such as one says business organizations, the others say partnerships and corporations. One of them says agencies, and the other two do not mention it.

I must admire you. I have read that the NY bar is much more difficult.

I have already used a few hours looking at the curriculums of the IN area's law schools, but I will probably look at them again now in a different way.
I guess I should find some who have recently passed the IN bar and ask them.

Bar Exam Preparation / Re: Taking Two Bar Exams
« on: November 20, 2004, 08:40:49 AM »
Well, that is some good news, but I am really cautious. I know some practicing attorneys who obviously passed the bar, and I know some other people who have taken the bar multiple times without success. I am guessing that the courses really matter.

I can possibly 'get by' without some of the credit courses because also I do independent study and am involved with some of the same suggested areas which are required for the state bar, such as taxation. And since my undergrad majors are CJ and Paralegal, I am sure to already know much of the material. I've already studied Crim.Pro and Crim. Law, and will probably have Crim Law again in law school. When I looked at the MBE book earlier this year, that was my strongest subject. Another big plus is that many areas 'co-exist'--some of what you learn in one course is included in other courses, such as business law and contract law, or procedure and litigation and legal research.

And there are some subjects which I was considering as possible law school courses, anyway, such as Business Associations and Administrative Law, so I am not totally disappointed.
But the other side of that is there are some subjects on the state bar which I am not fond of; for instance, I would rather not have another course of Family Law.

But I think you are right: I already know what to expect on the MBE-- I need to find more specific information about the state bar essay test.

Current Law Students / Re: Funny Torts Hypo
« on: November 19, 2004, 04:48:54 PM »
The liability of the landowner whose land supported the tree is in question.
For instance, the hypo does not state whether the accident happened in a rural or urban environment, and it also does not state how far Sally's car traveled onto the property before striking the tree.

Something to consider is the city's or state's right-of-way. Several feet of a landowner's yard is often the responsibility of the city or state. .

Bar Exam Preparation / Re: Taking Two Bar Exams
« on: November 19, 2004, 01:14:03 PM »
Whatever happened to 'specialization?'

The six areas tested by the MBE are required courses of practically every law school. No sweat.

 The state IEE (essay) requires knowledge of nine other areas which are not required courses. Learning the material for fifteen subjects and the MPRE and MPT will almost certainly require the entire 3 years of law school. It seems as if the exams designate the 'electives' which you must choose if you want to pass and become licensed. I guess specialization is for post-grads.

I can't imagine studying for more than one state bar exam at the same time!

Current Law Students / Re: Funny Torts Hypo
« on: November 18, 2004, 02:34:58 PM »
Other possible charges might include criminal negligence, criminal recklessness and criminal endangerment. Considering if Bob was zapped with a radar gun before causing the accident, he could also be charged with speeding.

Current Law Students / Re: Funny Torts Hypo
« on: November 18, 2004, 01:18:20 PM »
In many states, Bob could not be convicted of battery, since he did not touch Sally (or her vehicle), but could be charged with 1st degree assault, 2nd degree assault and/or aggravated assault, since, by swerving toward her car, he 'threatened' her with harm, and was in the proximity wherewith he could have ability to carry it through, and Sally felt enough apprehension to cause her to swerve, causing her injuries.

According to Restatement of Elements, he could not be charged with battery because he did not touch her (or her vehicle), although he 'possibly' intended to. Depending upon the state, Bob could be charged with attempted battery.

Attempted vehicular homicide is another possible charge, and if Bob has prior convictions of driving under the influence or of other vehicular assaults, he might be charged with attempted aggravated vehicular homicide. Bob could also be charged with careless or reckless driving.

Alex, as the owner of the tree, could sue Sally for damages, who then could file a cross-claim against Bob; or Alex could file suit against BOTH Sally and Bob.

Sally could also file suit against Bob for negligent and intentional damages--damages to her vehicle, personal injuries and medical costs, emotional distress, punitive damages, costs and attorney fees. (Attorney fees aren't always granted, but she could ask for them.)

Current Law Students / Re: Funny Contract Hypo...
« on: November 11, 2004, 04:59:45 AM »
I would have to agree with joshdelight.

In this instance, the advertisement served as an announcement that the Corvette was for sale, and the asking price was $6000.

The ad led to Mary calling Jane and making the offer of $6000 for the car, to be paid that same night (setting a time limit), which Jane accepted.  Mary could have offered $3000 or $10,000 or whatever amount that she thought reasonable, and Jane would have had the option of accepting or rejecting the offer. Jane could also have changed her mind and decided to not sell the car or hedged and hoped for a better offer or changed the price, and Mary would have the option of making that offer.

If Mary did not perform by arriving the same night with the $6000 as agreed upon, Mary would have been in breach, and Jane would then have right of recourse, or to release Mary from the contract and to sell the car to someone else the next day.

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