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Messages - Felsen

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Current Law Students / Re: Torts Hypo - input appreciated
« on: December 24, 2006, 09:21:13 PM »
It is a wonderful exam question.  Sounds like a 1 hour one.  Here's my short version.

No Battery:  Patient consented to a transplant.  The nature of the source of the organ does not void the consent, as the nature of the transplant is still the same.

IIED:  Unlikely.  The act of taking body parts from the dead is certainly reckless.  Person A, however, probably cannot claim IIED, though, as organ transplant donors are typically dead people.

Negligence:  No chance without actual damages.  Fear of getting a disease is only rarely held as damages (typically when there is a 50% or greater chance of developing the disease).

D's Estate
No Battery:  He's already dead.

IIED:  Dead people can rarely show severe emotional distress to have occurred after they are dead.  D's relatives may be able to prove this.

Negligence:  Not really.  D hasn't suffered any damages, neither has his estate.

Stuff not asked for
I'd mention that there is obviously a criminal statute under which the person was convicted.  The statute may create a specific cause of action.

Current Law Students / Re: Torts Question
« on: December 24, 2006, 09:05:03 PM »
It is an interesting question, but mostly because I can't see exactly what the question was.

The pillow was recalled, so there is probably some sort of strict liability.  Of course, there still must be some sort of connection between why the pillow was recalled and why the baby died.  You don't mention it in this question, and it does matter what the defect was and how the suffocation happened.

It is not recommended that pillows or any similar soft objects be placed with a baby while they sleep, as the baby can roll over onto it and suffocate.  If that's what happened and it would have happened with any pillow, there isn't really a case for strict liability.

An example:
The pillow was recalled because it will catch fire too easily.  The defect has absolutely nothing to do with the baby's suffocation.  No liability should be imposed.

Current Law Students / Re: adverse possession exam question
« on: December 24, 2006, 08:58:14 PM »
If I'm reading your statements correctly, Lot 2 was conveyed to X in a (presumably) deed.  Whether it was accidental or not, it was conveyed. 

There is no adverse possession in what you have described.  If someone else was occupying Lot 2, then you start getting into an adverse possession issue.  X does not have to occupy Lot 2 if it was conveyed to him.

So X has a claim over Lot 1 and Lot 2, unless someone else establishes an adverse possession claim or Bona Fide Purchaser claim (if you want to worry about recording acts).

Of course, our property class didn't ever go over anything called "Color of Title."

Current Law Students / Re: Nuisance ?
« on: December 08, 2006, 06:12:08 PM »
No nuisance probably.  See Amphitheatre, Inc. v. Portland Meadows, which dealt with a drive-in theater and a race track.  In that case, the race-track did take steps to prevent the light pollution to the theater's property, though.

Light can be a nuisance, but it does need to be excessive and/or in the wrong place.  For example, the Winn Dixie lights that are too bright in a residential area and can interfere with people trying to sleep.

Current Law Students / Re: I don't know if I want to be a lawyer anymore!
« on: November 24, 2006, 09:56:19 AM »
If you want to transfer to your first choice school, you need to focus on getting good grades.  There are people that transfer between schools every year.  You still need to get good grades, even though you were accepted to your first choice this last admissions cycle.

I am pretty sure that you cannot just drop out and apply to law schools again in another year or two.  Remember that you need to list all law schools that you have attended when applying.  Since you already started at a school, you'll have to list that on future applications, even if you drop out before grades are given.  At any of the higher tiered schools, they are concerned about their attrition rate.  They want to bring in people who will actually finish at their school.  Dropping out will look bad, and would need to be addressed in your applications.  Now, I have a friend who is a 2L right now who dropped out after a year, and a few years later got into a top 20 school, so it certainly doesn't kill you.

If you really feel like you need a year off, then you have to talk with your school.  They're the only ones who can help you with that.  Don't fret about talking to them.  They won't kick you out just because you're having second thoughts.  If they cannot accomodate such a request, they'll tell you.

Current Law Students / Re: BigLaw Suit Requirement?
« on: November 20, 2006, 08:00:29 PM »
The grey and brown suits might work if they are a dark color.  For grey, the recommended suit color for lawyers is charcoal grey.  For brown, you just have to be careful.  You don't want to become known as the guy in the poop suit.  Depending on the people who see you in it, that might be an unavoidable title no matter what color of brown your suit is.  :(

Current Law Students / Re: Navy after law school - not as a JAG
« on: November 20, 2006, 07:56:46 PM »
My recommendation would be to find your local recruiting office and schedule an appointment for a chat.  The military recruiters can best let you know what can happen.  All of my data is old and piecemeal, as I never looked into it seriously.

As I recall, the military used to have programs (I checked 10 years ago) where they would help pay for law school for a service committment on graduation.  It was along the lines of an ROTC program for lawyers.  They might have certain restrictions on it.  I know that for the undergraduate ROTC program you needed to graduate by a certain age.

The military recruiters will know what if anything they can do for you.  Just be prepared for them to push for a decision that very day if they've got something.

Current Law Students / Re: B- Curve
« on: August 26, 2006, 10:23:22 AM »
A B- curve means that the mean grade of the students will end up a B- (2.7).  That's all the information it really gives.  A student in a B- curve will overall have a worse GPA than someone on a B curve, but a better GPA than somoene on a C+ curve.  The lower the GPA point they define as the curve, the harder it tends to be to get A's.

Note that to better define the curve, you also need to know the standard deviation and flatness.  Some B- curves may give out only one A in 100, while others may allow six.  It all depends on how many Cs, Ds, and Fs the professor/school is willing to hand out.

Current Law Students / Re: bottom 25% at T14
« on: August 24, 2006, 01:40:32 PM »
Their career prospects are just fine, since employers usually won't be able to tell whether they were bottom 25% or top 1/3; these schools are notoriously stingy when it comes to making distinctions among their students or reporting class rank cutoffs to employers.

They may be a bit stingy, but if you supply a GPA, employers can figure out approximately where you fall.  The grading curve doesn't have that much variance from year to year.  Taking previous years and the various Laude designations for certain GPAs and people have published the approximate cut-off points for top 1/3rd of the class, with a few more gradiations as well.

That site has the information.  It only has the top 50 schools.  But T14 is within that group.

Job Search / Re: When should 1L start looking for a summer job?
« on: August 14, 2006, 08:46:15 AM »
You can start looking and preparing now.  You just don't apply to the firms yet.

Since you are starting law school, you should now have a nice updated resume from the application cycle.  Update it again.  You now need to include your law school under education.  You also might need to modify it to now target a potential employer instead of a potential school.

You can check the NALP Directory to find out the names of some firms that hire from your school and also hire 1Ls.  Do a bit of research and see if there are any firms you absolutely dislike or any in which you are especially interested.

When school starts, you can chat up some of the 2Ls and 3Ls and find out where they did their 1L summers, if they went through Career Services to get the job, or if they did their own mass mailing campaign.

December 1st may be the first day you can send out applications for jobs, but there is still work you can do now to make sure that you have your resume and cover letters ready and that you know where to send them.

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