Law School Discussion

Nine Years of Discussion
;

Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Topics - mikey4400

Pages: 1 2 [3]
21
Studying and Exam Taking / Research Help
« on: January 16, 2006, 08:43:46 PM »
I'm doing a practice research memorandum and I've been staring at this contracts fact pattern for hours and have no idea where to start reserching or what sources to use or what topics to start looking for. State or Fed cases? How would I go about doing this? Any bit of help would be appreciated. Thanks.

In January of 2004, John Smith, child prodigy who excelled in the field of computer science and technology, joined “Website Designs” (“WD”) company located in Jamaica, Queens at age 21. He signed an employment agreement that contained a restrictive covenant stating as follows: “John Smith agrees that if he should terminate his employment with Website Designs, or if Website Designs should terminate his employment for cause, then he is restricted from the practice of designing website in a 15 mile radius from the address of Website Designs for a period of 5 years.”

Mr. Smith was viewed by WD as someone with potential for moving up in the company. However, his primary responsibility was taking telephone orders from customers, which did not help him understand the needs of the customers. After staying with the company for only one year, Mr. Smith went to work for “Computers Unlimited” (“CU”), which is another company that designs website. CU is located 14 miles from WD and is located over the border of Queens, but in New Hyde Park, Nassau County. Beginning in January 2005, Mr. Smith took a creative position at CU. He began researching and designing new approaches to creating websites that are cost-efficient for clients.

When WD executives heard that Mr. Smith was on the verge of creating possibly a new product, it sent Mr. Smith a letter indicating that it intends to take him to court to enforce the restrictive covenant. What is the likely outcome of the case, would the cct uphold agreement in whole or in part?

22
General Board / Research help
« on: January 14, 2006, 02:13:33 PM »
I'm doing a practice research memorandum and I've been staring at this contracts fact pattern for hours and have no idea where to start reserching or what sources to use or what topics to start looking for. How would I go about doing this? Any bit of help would be appreciated. Thanks.

In January of 2004, John Smith, child prodigy who excelled in the field of computer science and technology, joined “Website Designs” (“WD”) company located in Jamaica, Queens at age 21. He signed an employment agreement that contained a restrictive covenant stating as follows: “John Smith agrees that if he should terminate his employment with Website Designs, or if Website Designs should terminate his employment for cause, then he is restricted from the practice of designing website in a 15 mile radius from the address of Website Designs for a period of 5 years.”

Mr. Smith was viewed by WD as someone with potential for moving up in the company. However, his primary responsibility was taking telephone orders from customers, which did not help him understand the needs of the customers. After staying with the company for only one year, Mr. Smith went to work for “Computers Unlimited” (“CU”), which is another company that designs website. CU is located 14 miles from WD and is located over the border of Queens, but in New Hyde Park, Nassau County. Beginning in January 2005, Mr. Smith took a creative position at CU. He began researching and designing new approaches to creating websites that are cost-efficient for clients.

When WD executives heard that Mr. Smith was on the verge of creating possibly a new product, it sent Mr. Smith a letter indicating that it intends to take him to court to enforce the restrictive covenant. What is the likely outcome of the case, would the cct uphold agreement in whole or in part?

23
General Board / TORTS QUESTION
« on: December 14, 2005, 09:46:23 PM »
If D is store owner and sells bottle w/o labeling it poison (Statute requires it) to a customer (P) and P drinks it and dies. Would the store owner owe a duty b/c of a RELATIONSHIP, FORESEEABLE ZONE OF DANGER, or b/c of PUBLIC POLICY?

24
Studying and Exam Taking / Torts exam
« on: December 14, 2005, 05:46:38 AM »
In an avg 3 hours torts final exam that consists of one long hypo fact pattern asking to list all claims and defenses, how many Negligence claims are there? Or how many should I at least have on my paper? What's the avg # of issues altogether? I just want an estimate. Also, there was no midterm just this one final that counts for the entire grade.

25
General Board / Property hypo
« on: December 08, 2005, 12:01:48 AM »
Femi owns an estate near Albany but, because she lives in Hollywood California, where she is a movie star, has not visited the estate for 20 years. Six years ago, Jeff gave Lauren Shuster a deed describing the property comprising Femi’s estate, and Lauren moved onto the property. Last year Alan Katz entered the southern part of the estate and began digging for mussels (which he intended to turn into pearl buttons) from the Little River, which ran through Femi’s estate. He built a warehouse and brought machinery on the property. Lauren has just discovered this. What are her rights?

26
General Board / Promissory Estoppel/Reliance
« on: November 28, 2005, 05:55:18 PM »
Is reliance or promissory estoppel used only whether there is no valid K? How about restitution?

27
General Board / Property Hypo
« on: November 15, 2005, 05:42:49 PM »
HYPO: M purchased estate from previous owner. One day, F (a guest) visited M's new house and found a broach on top of the window ledge.
F brought it to M, who indicated it did not belong to anyone else.
The former owner of the estate, while not claiming to be the true owner of the broach, claims best rights to it. So do F and M.
Who has better rights under NY law?

28
Socratic Method / Torts casebook
« on: November 15, 2005, 02:42:16 AM »
Hi, this is urgent - can someone please list the case names from Ch. 11 for Torts: Cases and Materials, 11th Edition (Prosser, Wade and Schwartz)? I have an older edition and I think the new edition added new cases.  Thanks!

29
General Board / Financial Services v. Lawyers
« on: November 14, 2005, 07:49:06 PM »
I recently spoke to a couple of lawyers. They said that they regret being lawyers and that there are way better options out there to make big bucks and have flexible hrs. If they could start over, they would go into business. The starting salary for Goldman Sachs, Smith Barney, Ernst & Young, etc. is $55,000 - $60,000 for college grads and after a few yrs 125-150k (plus bonuses). And this is not limited to NYU or Columbia graduates. Public state college graduates can achieve this. Most of law school graduates can't even make $40,000 as starting salary (besides top 20s of course) and they just wasted 3-4 years of their life where they could've earned 4 times as much if they went into business.

They also said many law students go into law b/c they are not good at crunching numbers and don't understand stocks (statistics do show the avergage american do worse in college math courses as oppose to liberal arts (where it's easier to simply write bs papers and talk in class for participation. The students that tend to do better at math/accting/finance are asians, indians, europeans, and other foreigners).

Could this be one reason why law students choose the lawyer path even though it requires a lot more work to make $$$ and less time to spend with your family, have a social life, etc (unless you're a hermit and family and loved ones are the least of your priorities) and not to mention the general public thinks lawyers are liars and scumbags (the minute u tell them ur a lawyer, they give u the cold shoulder)?

Otherwise, why would people forego the opportunity of making so much money at financial services and not have to waste 3-4 years of their life in a grim law institution where everyone has a frown and the professors never smile??

Let's face it. Not everybody that go into law school for the simple reason that they like the law - for many it's about choosing a career path b/c there really aren't that many choices out there & money (whether it's for their loved ones, children, etc). Besides, nobody likes to work more than they have to whether it's for financial services or as a lawyer. I hate to mention that law students have the highest depression rate.
Any feedbacks would be appreciated. I just want some positivity that I'm making the right choice and that there are advantages over what those lawyers said.

30
General Board / Mirror Image Rule
« on: November 14, 2005, 06:12:41 PM »
Here is my attempt in trying to answer the 2 questions - Please let me know if I'm right or wrong.

1)Give an example of an area in which Mirror Image rule does not apply?
My answer: UCC 2-207 --> Am I right?

2)Give 2 examples of how its use has been modified.
My answer: definite and seasonal expression of acceptance --> is an acceptance even if it states additional of diff terms. I can't think of another example??

Or am I way off in answering these questions?

Pages: 1 2 [3]