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Topics - swifty

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11
General Board / TORTS EXAM - Monday UGH! Any advice is appreciated!
« on: October 29, 2004, 09:03:14 PM »
Anybody have any old tests laying around you could send me?  I learn best from taking old tests.  (Not old tests from the prof) however, that was allowed in UGRAD.

Know of any good websites where I can practice a test on torts?

Man, I need help.

TIA

Swifty

12
General Board / Torts v. contracts
« on: October 27, 2004, 02:28:12 AM »
Prof says, yes, book says yes.  Of course, I disagree ;D

Contracts are broken/breached everyday, millions times over.  How many people on this board have ALL single use licenses for all of their software, and never used such software on a different computer?  Also, a reasonable person would breach a contract, even a legal one, for a myriad of reasons including "I'm too tired to work today, even though my contract says I have to work everyday, for at least 8 hours" (a partnership agreement).
Breaches occur, and are "forgiven" every minute of every day.  Thoughts?

13
General Board / Simple Tort question - hypo
« on: October 09, 2004, 11:52:04 PM »
I'm having a problem with my professors legalese.  This hypo did happpen to me, but I am not going to sue.  (I'm not sue happy yet)  I slipped and fell rather hard in the bathroom, (puddle of water I did not see).  First element of Negligence:  Duty of reasonable care.  Let's say I found out that bathrooms were mopped every hour to ensure the school is using reasonable care.  Let's assume I find records that the janitor of that building did not come into work that day. So we should have a breach of duty.  Now "proximate cause" throws me.  Is that the exact same thing as a "legal cause of action?  Exactly synonymous, no doubt about it?

As I am taught, for cause in fact we use the "but for" (but for the water on the floor, I would not have slipped), and "substantial factor"  the water on the floor causing the slip.  It was also foreseeable that this event would happen, otherwise they would not have a policy of the janitor mopping the floor every hour. 

Lastly, damages.  I did hurt my wrist, and landed on my hip that was replaced.  My wrist pain went away, and I worry (emotional distress) that my prosthetic hip may have been damaged, but won't know until symptoms appear.  They have not as of yet, and I have not sought any medical attention.  Do I have enough damages to sue?

Let's assume I don't have any damages, so that bars any claim, the negligence needs to have an injury to a person or party, or a legal cause of action.  right?

What step is synomominous with injury?  Does Injury = damages, or does injury = proxiimate cause?

Let's say I do want to sue for emotional distress do to my hip, and the 24 hours of pain and suffering to my wrist.  Would that, in your mind, be sufficient to cover the last element of damages/injury?  See, I don't know where the prof is tying the injury into the 4 elements of Negligrence, duty, breach, proximate cause, damages.  Damn, this shouldn't be that hard. 

Thanks in advance...


BTW, no statute of limitations apply, this happened on last Monday. 


14
General Off-Topic Board / Where the hell is everybody?
« on: January 27, 2005, 04:01:38 AM »
Congrats!  Lexy!  Jacy, screw BU huh?  Pookster, I hope you and Lexy room together.  (Does he mean Lexy will stay in Ca, or does he mean Pookie is going to Yale hmmmmmmm  8)

Any ways, don't see much many other people I recognize.

Anybody who knows me plz give me an invite to Friendster.  I need to see what all the hype is about.  I have some gmail invites for those of you who don't know me.

Back to the ladies, I wish you all so well.  You gals are way ahead of me, but you know what?  It's all relative.  My decision to take a year off, work on my learning disability, and take some paralegal classes to see if I really wanted to go to law school (invest in it) has paid off.  The answer is in the affirmative.  The learning disability is being dealt with, ie, learning other ways to do things, not just get accomodations I won't accept in the first place.  I swear I am as Jacked up as Lexy was when she got the news.  It's a strange ass world.  Oh, I never got all A's ever, and these paralegal classes were no cake walk! I got all A's b/c I couldn't stop reading my books, and looked forward to going to 3 hours classes 4 times a week.  Totally awesome time!!!  Good luck everyone! 

INVITE ME TO FRIENDSTER PLZ!


15
Personal Statement / New Law in California RE: Expungement
« on: January 13, 2005, 10:59:24 PM »
http://www.courtinfo.ca.gov/forms/fillable/cr180.pdf (fillable online)
The actual new form updated 2005.

Discussion:
http://www.courtinfo.ca.gov/courtadmin/jc/documents/reports/1004ItemA20.pdf

Good luck to those in need.


16
General Off-Topic Board / Need a few more guinea pigs. Anyone game?
« on: December 11, 2004, 05:42:06 PM »
I have been asked if I want to teach a course called “small business essentials,” at the junior college (online class) and the pay is good, but I’m not sure if I can do it. 

Does anyone want to volunteer as my guinea pig? The more the better. It won’t take more than 15 minutes a week, if that, it's up to you.  I am basically going to teach Balance Sheet, Financial Statements, plus those ever confusing debits and credits. You will pick a fictious business, I will provide scenarios to help you deal with real life problems, and serendiptious scenarios too.

I just want to see if I can teach a class this before I take the job.  If you are interested, please do not have any business background, and especially an accounting background.  A liberal arts, history, or English major would be the ideal guinea pig.  Hey, you might just learn something for free!

So far I had 25 people sign up, but 1/2 left because school was bogging them down.  That's cool, I just want to let you know it's a go at your own pace type deal, you learn what you want, when, and can quit anytime without hurting my feelings  :-\

Just email me, or PM you email and I will send you some info on how it all works.  You can then decide if it is for you.  No homework, no due dates, totally lax and fun; so I have been told. 


TIA

Swifty

P.S.  This is really important to me, if that matters  8)

17
Personal Statement / Yup. Yet another "will you read my....?"
« on: November 24, 2004, 11:14:50 PM »
This is different though.  It's just a one page cover letter that I am going to bombard law firms with (for employment).  My weaknesses are lack of vocab and phrasing.  Anybody want to review it?

Again, It's just one page.  Please be honest, I have no feelings  8)

Draino?  You seem to be a pretty good writer.  Lexy?  Anybody? I just want a decent cover letter seeing as how I will be sending it to a ton of law firms.  click my email icon and I'll attach a file in word, or I can just PM the text to you.  Whichever you prefer.
I do know the letter is too long as it is.

Thanks!!!   Oh if you need my resume, I send that too.

HAPPY THANKSGIVING EVERYBODY!

18
General Off-Topic Board / 4 Gmail invites
« on: November 06, 2004, 02:35:45 AM »
Anybody still need one?  Click my email icon, put LSD in sublect line.

19
Law School Applications / For those of you OPPOSED TO ACCOMODATIONS
« on: October 22, 2004, 09:46:15 PM »
I too believe giving extra time, even with a documented learning disabilty, makes for a unfair playing field.  It's a tough issue.  However, what about this:  I take the test with no extra time, but am allowed audio (headsets that speak the words as I read)

I have just been told through my learning disabilty counselor that 10% of the population have brains that function very highly on auditory stimuli, and thus, the visual, reading, is not working well.  I don't know if this is true, it's only what they said, but imagine going all your life being called stupid because you can't comprehend what you read, only to find out that your auditory skills are far more advanced than the "good reader."

Curious to see what you all think.

TIA

P.S.  Yes, I read a passage with the headset today, and completely recalled everything, and is still committed to long term memory, even 8 hours after I read it.  No way shape or form, would that have happened if I just read it. 

20
I signed up for 4 paralegal courses, so it's a full load for me, and I did it for two reasons.  1) to find out if they would teach the law, or just teach how to be a paralegal.  2)  I was hoping if I was studying the law, I would hate it, thus not ever worrying about law school again.

Problem, all they teach is law, it's harder, more time consuming than my Econ degree, and I have already learned more in 1/2 a semester than I did in all of my Econ major.

I enjoy studying, am completely prepared for classes, and look forward to going to class. I don't know how many can say that, at least I never could before.

Last problem.  I am horrible at standardized tests, especially when one Instructor (who teaches 2 of my classes) tries to trick you on purpose, and also has her own lingo (trust me it's not lawyer lingo) that is abbreviated and patterned only after her.  Thus, I not only have to know the correct answer, I have to know what she thinks is the correct answer.  Because of my age, I know things that they do not.  Thus, I answer questions correctly, but are marked wrong because they don't know that particular part of the law that well.  Don't even get me started when they talk about taxes, especially what it means by double taxation on Corps, they don't know.  This is just to let you know I am not arrogant, I do know somethings they don't, and this is problematic when taking tests. 

The kicker: my law school numbers already suck, and because of how the exams are going, it is unlikely I will get all A's.  It's quite possible that I will end up with all B's.
and I know more about the law than any other student in each class.  The adcoms are going to love this.  "This guy takes paralegal courses because he doesn't think he can cut it as a lawyer (not true), and he can't even get an A?" 

I could drop them still, and get 4 more W's and trust me, I have enough of those.  Maybe that's what Bush's middle initial means.  I see the program director today, (the one who teaches 2 of my classes) and I am going to tell her every question she has asked, that had the incorrect answer as the right one, just to piss her off, and let her know she is
not playing fair.  I'm still keeping the classes because I am learning a shitload of interesting stuff, and that's really what it should be all about, regardless of grades.
Tell that to the adcoms.  I hate life, I can't find my gun, so I can't bring it with me when I meet with the lady today. 

Lastlly, I just got out of an Exam in my Evidence class.  It is time sensitive, and nobody in the class knows how to manage time.  They simply are  used to having as much time as they need.  This is an advantage for me, I finish the test, they don't, they do better because they don't know the law, at a level I do, they just take tests better than I do, even without finishing.  I missed 6 out of 50.  88.  That is a B+ at least, but they don't give +'s or minues.  The six I missed I could arguably claim that my answer is better than the supposed correct one. I can't believe anybody is still reading this at this point.  I am down, but not out, close, but not yet, hanging on by a hair on my chinny chin chin. .

I quit drinking, it's been about a year and 1/2 now, I'm seriously thinking about heading up to Tahoe, (storm just dumped 2 feet of snow up there) so it's a great fun drive, and I will get drunk and gamble all night.  Who knows if I'll ever come back.  They have computers in Tahoe, no reason to leave.  :(

 


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