I just turned in my first memo and i am kind of nervous. It is only worth 10% of my grade but it is my first grade and i not a good writer.
I just been a little been nervous lately about school and i not that sure why. I think it because one of the first times i have actually not instantly got almost everything we talk about. I am use to get most things instantly.
Saturday, February 21, 2009
Friday, February 13, 2009
broke than new than back to broke
My computer broke than i got a new one but it turns out i can get a cheaper one so i returned that and i managed to jury rig it so it will work for a little bit.
I am a little worried about my first memo because it is my first memo. I think i will be fine but i always feel that my writing is one of my weakest points part of the reason why i started the blog.
Other than that i got ahead on my work and then i started to feel lazy. I think i actually do better work when i work 14 hours on Monday and Tuesday and than take it easy on Thrusday and Friday. When i do constant work i feel bored i almost need to hyper focus. Writting is different i just like to do that randomally and a few hours at a time. I sadly want to a few day wear i work to my eyes burn and then have more relaxed days.
I am a little worried about my first memo because it is my first memo. I think i will be fine but i always feel that my writing is one of my weakest points part of the reason why i started the blog.
Other than that i got ahead on my work and then i started to feel lazy. I think i actually do better work when i work 14 hours on Monday and Tuesday and than take it easy on Thrusday and Friday. When i do constant work i feel bored i almost need to hyper focus. Writting is different i just like to do that randomally and a few hours at a time. I sadly want to a few day wear i work to my eyes burn and then have more relaxed days.
Saturday, February 7, 2009
The last week
I spent so much time working on Monday and Tuesday it felt like my eyes were burning. There was times i wasn't studying but that was because i couldn't keep reading with my full brain power. After that the rest of the week went great and i am very interested in adverse possession.
I keeping up on my homework this time and i am working on my first memo. I am starting to see it form it just a little weird doing a new writing style. The studying is painful at times and i sometimes i miss a life of drinking and stupidity but i love knowledge.
I keeping up on my homework this time and i am working on my first memo. I am starting to see it form it just a little weird doing a new writing style. The studying is painful at times and i sometimes i miss a life of drinking and stupidity but i love knowledge.
Saturday, January 31, 2009
Another brief
I can't seem to get the issue for this brief.
Harris v Jones
Court of Appeals of Maryland, 197
Procedure: Claim for emotional distress. Harris is the plaintiff. Jones is the defendant. At the trial court the plaintiff won and was awarded 3,500 compensatory damages and 15,000 punitive damages. This was reversed by the court of special appeals.
Issue: Is insults and mockery enough to severe emotional distress?
Facts: The plaintiff has stuttered his whole life. The defendant mimicked and general mocked the plaintiff stuttering. This made the plaintiff was “shaken up” and felt “like going in a hole and hiding”. The plaintiff asked to be transferred to another department and was refused. The defendant called him a troublemaker and chastised him for repeating talking to his committeeman, a person who handles employee grievances. The plaintiff was under the care of a doctor for a nervous condition for six years prior to the commencement of the defendant’s harassment. Many things made the plaintiff nervous like “bosses” not just the defendant. The plaintiff said that defendants the harassment increased how nervous he was and worsened his speech impediment, at one point it got so bad his doctor had to give him pill to calm his nerves. The plaintiff had problems with other people at work both supervisors and normal staff.
Holding: no, insulting someone does not cause severe emotional distress. The action must be more extreme.
Party’s arguments
Plaintiff argues- The defendant often intentionally insulted and mocked the plaintiff to the point that his was given pills by his doctor to calm down his nerves.
Defendant argues- the plaintiff was had emotional problems before me and many people mocked him what the defendant did was not extreme but the norm.
Disposition of the case: Judgment affirmed , cost to be paid by appellant. The defendant won.
Reasoning To successfully have a case for emotionally distress one must fulfill fore elements
1. The conduct must be intentional or reckless
2. the conduct must be extreme and outrageous
3. there must be a causal connection between the wrongful conduct and the emotional distress.
4. the emotional distress must be severe
The court ruled that the plaintiff failed to prove the 4th requirment for emotional distress torts. The plaintiff had other problems than just the defendants harassment was not enough to prove that he caused server distress.
Rule of law: In determining whether conduct is extreme and outrages, it should not be considered in a sterile setting. What is extreme language is different for a sailor or a lady.
Harris v Jones
Court of Appeals of Maryland, 197
Procedure: Claim for emotional distress. Harris is the plaintiff. Jones is the defendant. At the trial court the plaintiff won and was awarded 3,500 compensatory damages and 15,000 punitive damages. This was reversed by the court of special appeals.
Issue: Is insults and mockery enough to severe emotional distress?
Facts: The plaintiff has stuttered his whole life. The defendant mimicked and general mocked the plaintiff stuttering. This made the plaintiff was “shaken up” and felt “like going in a hole and hiding”. The plaintiff asked to be transferred to another department and was refused. The defendant called him a troublemaker and chastised him for repeating talking to his committeeman, a person who handles employee grievances. The plaintiff was under the care of a doctor for a nervous condition for six years prior to the commencement of the defendant’s harassment. Many things made the plaintiff nervous like “bosses” not just the defendant. The plaintiff said that defendants the harassment increased how nervous he was and worsened his speech impediment, at one point it got so bad his doctor had to give him pill to calm his nerves. The plaintiff had problems with other people at work both supervisors and normal staff.
Holding: no, insulting someone does not cause severe emotional distress. The action must be more extreme.
Party’s arguments
Plaintiff argues- The defendant often intentionally insulted and mocked the plaintiff to the point that his was given pills by his doctor to calm down his nerves.
Defendant argues- the plaintiff was had emotional problems before me and many people mocked him what the defendant did was not extreme but the norm.
Disposition of the case: Judgment affirmed , cost to be paid by appellant. The defendant won.
Reasoning To successfully have a case for emotionally distress one must fulfill fore elements
1. The conduct must be intentional or reckless
2. the conduct must be extreme and outrageous
3. there must be a causal connection between the wrongful conduct and the emotional distress.
4. the emotional distress must be severe
The court ruled that the plaintiff failed to prove the 4th requirment for emotional distress torts. The plaintiff had other problems than just the defendants harassment was not enough to prove that he caused server distress.
Rule of law: In determining whether conduct is extreme and outrages, it should not be considered in a sterile setting. What is extreme language is different for a sailor or a lady.
i was/am sick and my computer may be dying
I have been kinda sick the last few days. I am trying to do my briefs while my brain is not at full power, it is a little more difficult. Also, my computer had been going crazy so i had to wipe out a lot of things and may be finally dying. My little computer gone though 2 video cards and may just need to put to sleep but i am too cheap to buy a new one and i want to hold out till next school year because by then i hear there will be a new windows and i don't have to touch vista.
Thursday, January 29, 2009
sick
I am sick and i don't want to do my homework. I have all my work done for this week and i don't have to finish anything till Monday but i like to get ahead because my legal writing teacher gave me a lot of homework. My brain is working at about 30% strength is really not doing the best job with adverse possession, i getting the concept but the briefs are not the easiest. I could brief it and it would be OK but i am really not in the mood. I'll wait till Saturday and if don't feel better by then i will do my work anyways.
Wednesday, January 28, 2009
CBA Lawyer meet up
There is a meet up with a bunch of lawyers at the Chicago Bar Association(CBA) tomorrow. I was going though the list of lawyers and picking out a few i wanted to talk to. One was a solo practitioner and it strange that he has no website and if you type in his name nothing comes up. When i type in his name and work address things came up. It seems you could at least start a site or a easy to do blog like this talk a little about your self and then put links to interesting things is law or something
Another lawyer works for the AzulaySeiden Law Group and their website is fine except for the blog. The blog is basically a form where people can post and it doesn't seem to have anything usefully on it just a way for people to complain. A blog can how show off a company and most companies don't have one or if they do they don't really use it.
Another lawyer works for the AzulaySeiden Law Group and their website is fine except for the blog. The blog is basically a form where people can post and it doesn't seem to have anything usefully on it just a way for people to complain. A blog can how show off a company and most companies don't have one or if they do they don't really use it.
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