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Messages - Shellby117

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My best advice would be to find the old practice exams for your particular professor and read them before the semester starts...don't do anything with them, just read them. See if there's a pattern. My contracts professor had all her old exams for the past 12 years available (minus the 2 most recent years). There were about 5 different situations that repeated themselves throughout all of the exams. I read them and figured out the pattern about a month before class was over, and 2 out of the 5 situations she covered in class after I had read them....and I mean covered, said exactly what to do and what she wanted. I pretty much typed every single word that came out of her mouth those 2 class periods and knew exactly what she wanted on those 2 exam answers (which were 2 out of the 4 questions on the exam I just took).

I was amazed at how many people those two class periods weren't taking any notes and were just playing on the internet. I don't know how well they did on the exam, but I bet they would've done better (or at least have been less stressed) if they had figured out before those 2 class periods that those cases would show up on the exam. I just wish I had read the exams earlier because the other 2 questions she did earlier in the semester and I didn't have the best notes for those.

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General Board / Re: MySpace Suicide Case
« on: November 26, 2008, 04:13:24 PM »
That's exactly what I thought too...except she wasn't found guilty of using MySpace to inflict IIED, they rejected that charge. She was only found guilty of "accessing a computer without authorization". Obviously if there was no suicide, she would not have been charged. However, this is the criminal side of this case. I'm sure there will be a civil suit and the IIED will be the main issue, but IIED was rejected in the criminal case so I don't really feel like she should potentially be put in jail for "accessing a computer without authorization" i.e. creating a false profile.

I agree she should be punished...punished for harassing a girl into killing herself. Unfortunately, there weren't any laws against cyber bullying when this happened (there are now). So I kind of feel like the only punishment she should get is through a civil suit, and we shouldn't be stretching an anti-hacking law to cover this case just because of the outrage over what happened.

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General Board / MySpace Suicide Case
« on: November 26, 2008, 03:37:11 PM »
Many on this board might not know about this case, but it's from my city so we all know about it here. For those that don't know about the case here's a link to MSNBC about it

http://www.msnbc.msn.com/id/27928608/

Basically she was found guilty of three counts of accessing a computer without authorization. Each count is punishable by up to one year in prison and a $100,000 fine. She was not found guilty of felony charges of accessing a computer without authorization to inflict emotional distress on a young girl. So she's basically been found guilty of creating a false profile on MySpace, but not of using that false profile to harass someone.

Do you agree with the jury's decision? Should you be put in jail for up to a year for creating a false profile on MySpace? If these convictions stick, what effect could this have on other sites...say LSD? No one on this site uses their real name, so couldn't that be seen as a false profile? Do we really want to say that if you don't use your real name on social networking sites, you could go to jail?

Anybody have any thoughts on this?

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General Board / Re: Consideration For $1 = Valid Consideration?
« on: November 21, 2008, 03:31:30 PM »
1) if he gave you the dollar than yes. Courts don't question the adequacy of consideration. You sought out that $1 in exchange for not having your house anymore. The value, to you, of not having the house anymore = a million dollars

This isn't right. In Fischer v. Union Trust Co. the court invalidated a contract where a retarded daughter paid $1 for her father's house because the intent was for the father to gift the house. He was not induced to sell by the $1.

3) no. There's no question what the value of the two things being exchanged are.

This might be right because of Schnell v. Nell, which said $600 for $0.01 was either not valid consideration or unconscionable, but Batsakis v. Demotsis allowed US$2,000 in US dollars to be exchanged for greek currency valued at US$25. Here there was no question about the differences in value, but the court allowed it because the defendant had been really desperate to get the greek currency right away. The real difference between these two is that the first involved something other than a commercial transaction (love and affection motivating a gift) while the second was a true arm's length transaction.

I completely agree, but you would need more information to come up with these conclusions. Just based off the very limited facts given (very general and broad), you get a very general and broad answer. Of course the deeper you get into the facts, the more likely there's an exception.

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General Board / Re: Consideration For $1 = Valid Consideration?
« on: November 21, 2008, 03:07:03 PM »
If I offer to sell you my house valued at $1 million for $1, is that sufficient consideration and is a contract formed? What if I offer to sell you my car in exchange for a pound of heroin? Finally, if I promise to give you $100 in exchange for $1, would there be enough consideration?

1) if he gave you the dollar than yes. Courts don't question the adequacy of consideration. You sought out that $1 in exchange for not having your house anymore. The value, to you, of not having the house anymore = a million dollars
2) like everyone else said, it's illegal so no
3) no. There's no question what the value of the two things being exchanged are.

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General Board / Re: How Tough is 1L Hiring Going to Be?
« on: October 31, 2008, 10:38:25 AM »
Sorry to jump in on this conversation, but I have a small insight into this problem. I work in the litigation department at a big firm (for St. Louis, so take that for what it's worth) and the new associates as well as some older ones have been begging the paralegal I work with to give them work. She has over a million pages of documents that have to be reviewed for a big case and they keep asking her to give them some of the documents, since it's billable and they have nothing else to do/bill. She gives each a couple thousand to start, but they call her at least twice a week asking for more. She actually called an older associate to ask if she could take some of his and give them to the newbies, and he said no he needed them.

From my experience, the economy tanking is not making litigation busier. What I've seen is more cases settle than normal. Big business, who are worried about money, are just settling these cases so they don't have to pay the huge legal bills...and trust me, those bills are HUGE. If these cases go to trial the legal bill is over a million dollars for that month (since there's 12 lawyers working on the same case). They figure they'll just settle for that amount and same themselves the trouble.

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Financial Aid / Re: Federal Student Loan Forgiveness
« on: October 24, 2008, 11:01:57 AM »
Yes, loan forgiveness is not taxable... provided that you stay in public interest for TEN consecutive years! What if you get that perfect private sector offer at 9.5 years? It is a great law, but keep in mind that it could be challenging to stay in public interest work for a full ten consecutive years. I wouldn't use this law as a license to rack up debt!

The ten years don't have to be consecutive. You could do 5 years in public interest, 5 years in private practice, then 5 years back in public interest and as soon as you have made that 120th payment while in public interest your loan would be forgiven. It that example it would be after 15 years. However, I highly doubt anyone would leave private practice and go back to public interest, that would be a big pay cut, but there are people who have no desire to work at a private firm.

I completely agree that this law shouldn't be used as a license to rack up debt. But, it would help someone like me who has been going to school at night while keeping a full time job (that I don't like) just so I don't take out loans for living expenses. I know I won't have a high paying job when I graduate because I want to work in the public sector so I figured I would just keep working so my monthly loan payments when I graduate wouldn't put me in the poor house. Now, I have every intention of quitting my job (next summer) and taking out loans for my living expenses. I hear what you're saying about just using this as an excuse to take out more money then you need because it will all be forgiven one day, but only Stafford and GradPlus loans are forgiven. At my school (I'm assuming this is how it is everywhere) you can only take out those loans up to the cost of attendance. So if your school decides the cost of attendance for your school is $50,000/year, thatís as high as you can go for federal loans. You canít take out $75,000/year just because (well you could, but itíd have to be private loans and those arenít forgiven).

Overall, I think this is good news for people like me who want to do public interest work but thought they were going to have to put it on the back burner in order to pay off the student loans. Yes, 10 years at a job seems like a long time to some people, but not me. I take after my parents. Theyíve been at the same company since they were young. My dad started when he was 19 (heís now 51) and my mom started when she was 20 (now 50, she even took 9 years off when she had kids and went back to the same exact job after we were all in school). Obviously they havenít kept the exact same job the whole time, theyíve been promoted a lot, but you get what Iím saying. I had the same part-time mall job from the day after I turned 16 until I graduated college. People like to joke that Iím a Ďliferí like my parents, so Iím not worried about committing to a job for an extended period of time.

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Financial Aid / Re: Federal Student Loan Forgiveness
« on: October 23, 2008, 03:27:33 PM »

My only other worry is that you'll have a potentially huge tax bill when the loan is forgiven.  Say you pay off $60K of a $160K loan, then you'll have $100K added to your income in the 10th year, placing you in a rather high tax bracket and causing you to owe probably $30,000 on that income!  This part seems like an oversight to me --saving that much on a NGO salary could be somewhat difficult, especially if you try to begin a family, too.

I realize this is old, but I was trying to find some information about CCRAA and I came across this discussion. I just wanted to give an update. The Department of Treasury gave an update and said a loan forgiven under CCRAA is not taxable. Hopefully this will make it even easier for people considering doing public interest work. HTH

http://www.equaljusticeworks.org/resource/ccraa

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Recommendations / Re: MIA Recommender
« on: September 22, 2008, 02:06:18 PM »
I had a similar situation in getting LOR's last year. I asked one of my teachers in May. She told me to remind her throughout the summer. I got in touch with her again in August. I ended up either emailing or calling her once a week because she kept "forgetting" to send it. She finally sent it towards the end of November. So I basically pestered her for 3 months (in a nice way of course). I had another professor who said she would write one for me after my last class with her (December). When I went to email her (her school email account) in September, a message was kicked back to me saying she no longer worked there and had gone back to Canada...and gave a new email address on how to reach her.

I would bet your school has a way of getting in contact with your professor. If you can't get it from the school itself, try one of the other professors in the department. If he was good friends with another professor I bet he gave them a way to stay in touch.

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Please don't post entire articles.  (Copyright issues)  Feel free to post a link.

--post edited by EC

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