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Messages - dkast

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41
General Board / Re: are your classmates snobby a**holes?
« on: August 27, 2005, 11:24:33 AM »
I would like to sum this all up with two simple words.

"Who Cares"

I really don't care if my classmates are snobs..

You really shouldn;t be concernced with their attitudes, the words they use to comment on the flowers, etc.

In the end, as self-centered as this sounds, its all about you.


42
General Board / Re: Lexis Outlines vs. Emanuel’s
« on: August 26, 2005, 01:11:17 PM »
anyone?

43
General Board / Lexis Outlines vs. Emanuel’s
« on: August 25, 2005, 08:43:15 PM »
Has anyone compared the two?

I just downloaded the Lexis Outline and it seems pretty substantial.

If anyone recommends Emanuel’s over it please let me know why.

Thanks

44
General Board / Re: orientation questions
« on: August 24, 2005, 01:40:54 AM »
I need to quit myself.

Though now that I have started law school i'm smoking a bit more from a pack to a pack and 1/2 per day.  Mostly because i'm reading all the time. I dont know if it was the case with you but whenever I read or study I tend to smoke alot more.

Well you "stink" of cigarettes. 

If you dont bath and you are a smoker you will smell of cigarettes along with numberous other smells.



45
Anyone here agree with me that Jawbreaker is the best band ever?

I do not believe there is a statute or common law precedent which we could reference negating said statement.

Any act, statement, or statute which is in contrary to the stipulation "Jawbreaker is the best band ever" is hereby declared, not binding and or persuasively biding.


Thank you and have a good evening.



46
General Board / Re: Western Union v. Hill
« on: August 23, 2005, 12:31:54 AM »
lol, i'm quite relaxed.

I understand your point.

If i'm going to expend some type of effort on a particular case, I would really like to go all out on it ;).

Regardless, i;m just going to read the primers on Contracts, Civ Pro, Torts and ace my classes.

Relaxing is beauty, in and of itself. ;)

47
General Board / Re: Canned Briefs
« on: August 22, 2005, 08:42:36 PM »

I finished top 10% and I've never been in the top third of anything, simply by doing the work: reading, briefing etc.  It may take more time but believe me, for the few people that do it, it pays.  Canned briefs will only tempt you to get lazy.

I disagree, if you have an aptitude in which you are able to spot the issues, rules of law and how they are applied to the case, canned briefs will be helpful in class participation.

If you usually annotate the material facts while reading the case, canned briefs will enable you to recite them to your professor in a much more orginized manner.  I'm not saying don't read the cases and spot the issues, rules of law and reasoning, merely the canned briefs will save you the time "wasted" organizing them when called upon to recite them to your professor.


48
General Board / Western Union v. Hill
« on: August 22, 2005, 08:07:08 PM »
Has anyone read this case yet, if so, did they see an issue concerning the conditional aspect of the alleged assault by Sapp?

The case book version of the decision seems extremely edited, the Court never analizes the immediate apprehension or fear element based on the condition that the wife "come around the table for some petting and loving".

The Court never stipulates whether the facts in the case consititute an assault or not.

She can avoid the apprehension or fear of an imminent unwanted intended contact by Sapp by merely not going around the counter. This act also does not inhibit her free will in the sense that she
does not have a right, obligation or need to go behind the counter.

The only other consideration is whether the placement of the condition, in and of itself, is an assault. The placement and her thought of the condition, which she does not have to abide by, can be construed as causing the apprehension, is it imminent?

It would not be imminent if she did not go behind the counter.

The condition is expressed quite clearly, and the avoidance of going around the counter should not have put her in apprehension of an imminent unwanted harmful or offensive contact.

I have too much work to do for my civ pro class to deal with this
anymore; but, if someone knows more about the case please let me know.

I'm finding law school to be a bit annoying in that you can not get into the true substantive nature of the cases. This requires an extreme amount of time and an in depth analysis of each case.

I can't seem to help myself in the sense that when i read a case I tend to analize it to the 10th degree.

Whatever, i'm going to take a break, drink a beer and relax.

49
General Board / Re: orientation questions
« on: August 22, 2005, 08:04:49 PM »
I don;t understand your quote "if you smoke, why bath"

Shed some light on this.

Thanks

50
They are not considered Black Letter Law per say.  However, they should be memorized when applying them to your fact situation on exams.  If you can argue the negation of an element of a restatement you should score well.

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