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Messages - rezipsa

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Current Law Students / Re: puzzled
« on: April 25, 2006, 03:52:29 PM »
I would think that the specifications are included to make the contract definite and certain.

Without the specifications, completion of the house would be speculative.  Also with the specifications, T can show what his damages are.

If I was T, I would claim that the contract was invalid or that the contract was recinded and sue on a restitution theory.

Current Law Students / Finals
« on: April 25, 2006, 01:24:09 PM »
Good luck to everyone.

To those who are done...go to hell (I'll meet you there later).

Current Law Students / Re: Microsoft OneNote - yay or nay?
« on: April 14, 2006, 04:53:02 PM »
it is a very good tool to organize all of your notes, briefs and other misc.
the search tool makes finding something easy.

just my $0.02.

Current Law Students / Have you noticed...
« on: April 14, 2006, 04:50:37 PM »
that some students in your classes are getting dumber?
Or is it just me?

Some of my fellow classmates ask the lamest questions.  The prof spends hours discussing on certain issues and yet these yahoos ask the question "i don't get it."

Quit playing solitare or spending time on the internet and listen - dumb ass!  A clear violation of the Dumb Ass Statute.

Okay, I feel better now.  Back to studying.

Current Law Students / Joke
« on: February 22, 2006, 09:32:15 AM »
Attorneys Jones and Smith were arguing over whether sex was work or pleasure.  Being unable to reach an agreement, they decided they would ask their paralegal to decide the issue.

Upon explaining the question to their paralegal, he thought for a moment before responding, "Why it is definitely all pleasure."

Smith, who'd felt it was work, asked "But how can you say that so quickly?"

The paralegal just smiled and replied, "Why, that's easy.  If there were any work involved, you'd have me do it for you."

Current Law Students / Re: What do you do to relax?
« on: February 15, 2006, 03:41:06 PM »
Bozzin' works.  I like the boozin' with the profs.  Got to try that one.

Current Law Students / Re: non-A.B.A. law schools...
« on: February 13, 2006, 12:32:05 PM »
   if I'm planning on living / working in California after law school, should I consider a non-A.B.A. approved school? For example, Santa Barbara college of law students are cleared to take the California bar... but do you think it's possible to get a "good" job, coming out of a school like this? Anyone know what you could reasonably expect as a starting salary? Thanks.
SBCL is a good law school.  Several attorneys in the area have graduated from either SBCL or VCL and are doing very well.  There are a few judges in the area that have graduated from SBCL or VCL.

But it all depends on what you want to do after you graduate.  If you are looking to work for a big law firm, then I would suggest that you go to an ABA school.  Big law firms are like the "good ol' boys."  They tend to hire from the schools they went to.  But you never know...Law school is what you make it.

Current Law Students / Re: Is it possible to sue EBAY????
« on: February 13, 2006, 12:15:10 PM »
Still NOTHING!!! i will seriously paypal someone $100.00 if their assistance leads the reinstatement of my ebay account. i dont know how im going to pay my bills this month. i have relied on this income since the beginning of LS. how can they do this to people? ROTTEN F*CKS!!!

They can probably do this to people because they reserved that power to themselves in the terms of service agreement, to which you must consent as a precondition of using their services.  It's not altogether unbelievable either; given the type of business they run, they need some way of quickly terminating service if someone seems to be using it for illegitimate ends (like selling Hong Kong bootlegs of CDs, movies, and TV shows), otherwise, they might find themselves opened up to civil (if not criminal) liability for the wrongs committed by their customers.

Read the agreement.  Whatever remedies you have are probably limited to its terms (someone mentioned an arbitration provision; seek your right to arbitration).

Eventhough the agreement may limit the remedies available, doesn't mean that you cannot seek another type of remedy.  I would argue that the terms of the contract that limit the remedy are unconsciousable and may deprive you of the right to a jury trial.

Current Law Students / Re: Is it possible to sue EBAY????
« on: February 10, 2006, 09:39:54 AM »
As you know as a law student, law students are probably not the best people to ask about the law. I'd recommend consulting with an attorney (since the initial consultation is normally free). However, you might want to look at the terms you agreed to before you joined eBay. Most of whatever default rules there are have probably been contracted away.

What happened really sucks, by the way.
I agree that you should talk to an attorney.
You may have an argument on the terms of your agreement with eBay (unconsciousable) but I guarantee you that eBay has several attorneys on staff and have gone through this situation before. 

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