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Messages - bryan9584
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« on: March 04, 2009, 05:13:50 PM »
I think it depends on who the parties are. If you are hiring people to make a porn such as actors and producers, that could be a service. If you are a distributor of porn, then that is a sale of goods. As for the basement porn maker, if he starts selling them, he or she might be considered a merchant if that "person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction...."
As for a contract dispute between an actress and producer, that am a close to certain would be under common law. And while it might be difficult for a court to value the expected loss cause of the name recognition, I'm pretty sure courts would agree that forcing someone to be in a pornography would be contrary to public policy. I think there are standards for calculating damages that I don't remember, but if they can't quantify the damages, a court will not award them, however, i think there would be an alternative remedy of the difference between hiring someone else of close recognition.
And an actress would not be a merchant, cause she is not selling goods (and prostitution is illegal so she can't sell her body)
« on: March 02, 2009, 06:27:51 PM »
I would have to agree with your interpretation...
A would have a life estate, O would have a reverter after A, and then go to B one year later.
I don't think there is a RAP problem either. Maybe there is a problem with the reverter??
Is there no more explanation in the text or is the example after a certain section?
« on: February 28, 2009, 11:06:37 PM »
Are you not happy with the people, academics, or location? The only one I think would affect you the most is the location, as in where you want to practice after law school. If its the people or teachers, there is no guarantee that the new law school will be any better. My suggestion is to work real hard.
On a side note, for future reference, when you choose a username, a name like couchpotato gives a real bad connotation, it gives me the impression that you are lazy and not a hard worker, and maybe the lack of initiative is the result of your unhappiness. I could be totally wrong, but you have to remember first impressions are important, even on the web.
Best of luck
« on: February 27, 2009, 01:48:22 PM »
Pretty sure beginning of April, if not April 1st online. Check soon, they usually announce it in advance
« on: February 17, 2009, 09:33:34 PM »
Without reading all the other posts, here is my thoughts
You came to law school, and most likely paying a lot of money and even if you have a full scholarship, you still have cost of living expenses.
So with that said,
1) law school should not be considered easy
2) be practical, some classes do require less work than others and its possible to get a good grade without doing a lot of work
3) it is best to create a good work ethic early, if you feel like you are not putting your all, then you probably aren't
4) be serious, you are in a professional school, and are trying to enhance your knowledge and skill.
5) There is a difference between slacking off and doing what is necessary to do well and think that the mentality behind the two are completely different. The first being a very lazy attitude while the second is more for efficiency.
Just my two cents
« on: February 17, 2009, 09:28:23 PM »
I might not be familiar with the lingo, but what does "kwim" mean? And what do you mean by the last sentence that you don't want to give him your hard work either?
« on: February 17, 2009, 09:03:35 PM »
I want to begin by prefacing that I am a 1L and am stating what I believe to be my opinion
First, Salary seems to be based on how big the firm is. If you can get a Summer Associate at a big law firm you will make big bucks, but if you can't you are stuck with lower paying jobs and even unpaid. From what I have seen, for non SA gigs, the pay is not that great, especially if it is a small firm. I'm interviewing for a job next month for a 1 man firm and it pays 15 an hour and I have seen other jobs around that.
Second, it never hurts to get your foot in the door somewhere. You can show that you are a hard, competent worker that might get you a permanent job while others are still searching. So a little sacrifice might pay off in the long run. Also, you might be able to go halfway through the summer, once you learn the ropes and initial training costs are over, go and ask for a small raise (especially if you see that the firm is billing you out for a lot of money, as a guess I would say that you should be paid 1/3-1/4 of how much you are billed out for, the rest going to overhead and firm profit).
Just curious, did you begin this internship? Is the situation going to be different during summer? These are things you could take into consideration. Also, you could look for another job and use it as leverage to get a raise as long as you are sincere about it and not look like an ass.
And finally, it might depend on your circumstances. If you could afford the lower wage, then it might be okay. However you might want to try and find out what the pay is like for permanent employees.
Hope that helped, even though I feel like I just reiterated and agree with a lot of what you already believed
« on: February 07, 2009, 09:36:10 PM »
2.3 is pretty low, I would assume that you would just have to get passing grades which is not hard. I recommend you search the website and see what the curve is there. Just for perspective, my school you need to keep a 3.25 which is definitely a lot harder and probably considered a "trap" for a lot of students.
« on: January 29, 2009, 09:58:57 PM »
Relatively speaking, 100k today is less than 100k in 10 years, HOWEVER when dealing with the time value of money, you suppose that you would take that 100k and invest it today and earn compound interest for the 10 years, therefore at the end of 10 years, you would have a lot more than 100k (probably closer to 200k). So when a jury is calculating, say for example, how much a person will earn in their lifetime (for example, year 1=90k year 2=91 year 10=100k, ect) the jury only awards the present day value of what he would earn in year 10, which is less given that the plaintiff will be earning interest on that money because they got it early.
I believe there are alternative methods of calculating but essentially the numbers take into account inflation and also interest that will be earned on future money (since they only award a lump sum). Just to give a comparison, if a person wins the lottery and decides to get a lump sum today, they don't get the whole amount that they won because the lottery is based on annual payments.
Hope that clarifies
« on: January 29, 2009, 03:32:48 PM »
Chances are you would have to pay the sisters for their share or have them agree to keep an interest in the house so when it is sold they will receive their money. So essentially, I hope your sisters are on good terms with each other...
Otherwise, have your neighbor change the will to establish that the house remains in the daughter's possession until either sold or dies and then the house is divided up between the 3 sisters or their heirs.
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