Law School Discussion

The Real Loser

Thistle

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Re: The Real Loser
« Reply #130 on: November 07, 2006, 07:58:29 PM »
I know one lawyer.  She must be right.  All lawyers are always right about legal questions.

There's no such thing as a misguided 0L know it all, of course.

Speaking of know-it-alls, halfie, may I suggest that you change the punctuation in your new moniker to better reflect Chicago style?  IMNSHO, it should be either "half-full glass" or "glass half full" (in keeping with the general proposition that words used in their ordinary sequence and serving their primary part-of-speech functions need not be hyphenated).




maybe his mother's name was half and his father's was full

Miss P

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Re: The Real Loser
« Reply #131 on: November 07, 2006, 07:59:53 PM »
maybe his mother's name was half and his father's was full

For some reason, when you put it that way, rev, I envision some kind of hetero kink.

FossilJ

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Re: The Real Loser
« Reply #132 on: November 07, 2006, 08:25:10 PM »
I know one lawyer.  She must be right.  All lawyers are always right about legal questions.

There's no such thing as a misguided 0L know it all, of course.

Speaking of know-it-alls, halfie, may I suggest that you change the punctuation in your new moniker to better reflect Chicago style?  IMNSHO, it should be either "half-full glass" or "glass half full" (in keeping with the general proposition that words used in their ordinary sequence and serving their primary part-of-speech functions need not be hyphenated).


And this is why I love you.  hahahaha

Re: The Real Loser
« Reply #133 on: November 07, 2006, 09:38:56 PM »
A 1L usually beats someone who didn't even take the lsat in terms of knowing the applicable law - just saying if there is a mistake on someone's part it's usually on the person who hasn't actually studied or learned the relevant material. Using one random (unverified) authority isn't enough evidence to prove one's point.

Miss P

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Re: The Real Loser
« Reply #134 on: November 07, 2006, 10:15:29 PM »

Yeah, I know, I'd write "glass half full."  But I like it more this way, here.

half glassful...

I like this option as well.  I'm open-minded.

aerynn

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Re: The Real Loser
« Reply #135 on: November 08, 2006, 07:47:59 AM »
I guess it is too late in this threat to point out that halfie's analysis of the hypo was good, but that Liz is very confused about how discovery works against 3rd parties. ;)  Rev made some nice points too.  (Hi, rev!)



my lawyer friend confirmed that my knowledge of third-party discovery was correct, noting that there is no misguided know-it-all quite like a half-way-through-first-semester 1L misguided know-it-all. ;)

I said that you don't seem to understand how discovery works against third parties, not that it was impossible or that there was no way to get any discoverable material from a third party.  However, I think that LSD has a right to keep its users' records private unless they are joined as a party to the action.  There have been a few cases about it, and I believe google and yahoo have litigated to protect their users' privacy against this kind of 3rd party discovery with some good success.

You didn't say what you asked your lawyer friend.  I'm thinkin' you said, "This girl online said there was no way to do discovery against third parties in a lawsuit.  That's totally wrong, isn't it?" and your lawyer friend probably said, "Yeah,"  which is not a nuanced analysis upon which you can base an attack.

I am interested in working out some hypos to prep for exams with some LSD folks that I respect and admire from last cycle and you have been nothing but rude for no reason.

Settle down, Liz, and flame someone else for a while.

aerynn

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Re: The Real Loser
« Reply #136 on: November 08, 2006, 08:04:29 AM »
BTW, my authority comes from Rule 45(c)(3)(b) in which trade secrets cannot be subject to subpoena.  A website's user list could fall under the listed trade secrets.  I can try to dig up some case law, since this is moderately related to my research project.

Thistle

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Re: The Real Loser
« Reply #137 on: November 08, 2006, 08:36:42 AM »
ok so here we go:  mayo v. satan and his staff, 54 frd 282,283 (wd pa 1971).

the real difficulty was in process serving.....