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.
Saturday, January 31, 2009
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.
Tuesday, January 27, 2009
law school a little slow
Law school is not as much work as they all talked about before i started. I been told it because it is still the second week and there slowing us in. Things have started to speed up a little and i bet in the next couple weeks i be complaining about the work i have to do.
In class, some questions are confusing but other are just worded strangely so we don't know what the teacher wants. I have a couple teachers who are very demanding and if you make one say one wrong word or something the don't like they stop you and go off and a rant and then maybe they come back to you maybe they don't. Another one of my teacher give you time to formulate thought and when you say something he fixed it but works through it more with you. I am not sure which is best.
In class, some questions are confusing but other are just worded strangely so we don't know what the teacher wants. I have a couple teachers who are very demanding and if you make one say one wrong word or something the don't like they stop you and go off and a rant and then maybe they come back to you maybe they don't. Another one of my teacher give you time to formulate thought and when you say something he fixed it but works through it more with you. I am not sure which is best.
Saturday, January 24, 2009
The end of the week
I finished my first week of law school which was a little chaotic. I had one or two nice brian farts.
The first day of school i forgot to bring the power cord for the laptop. The reason why this is a problem and not just annoying is because my computer doen't turn on without the cord. Before i went to school the first day i was feeling a little parnoid so i backed up all my cases on a flash drive. So i go to print my cases from the libary and ofcourse there is a problem. The printer turns it self off and losses my print job and then i print again and it runs out of ink. I don't have time to print it off before my first class which ends up working ok because we really didn't get deep into any cases yet.
After class i come back to the library and trying to print my property cases. I selected all the files and right click so i can hit print and not have to manual open all the files and print. I guess i hit delete and not print and there was no popup that said are you sure you want to delete. They were all gone. I starting to worry i don't have any of my briefs but i have a couple hours to class and i redo them. Then i remember i put Pierson v. Post on this blog. I print this brief out and go to pick it up. At school you have to swipe your card to print it turns out all my briefs that didn't print were save in a que under my number and i was able to print them.
Thank you blog you save me from having to redo my work. Ofcours i have to redo/fix my briefs because they have flaws but i not in a rush.
In the future i will put up more briefs and other law school experiences. Any body else notice that many people stop for a second when they hear your going to law school?
The first day of school i forgot to bring the power cord for the laptop. The reason why this is a problem and not just annoying is because my computer doen't turn on without the cord. Before i went to school the first day i was feeling a little parnoid so i backed up all my cases on a flash drive. So i go to print my cases from the libary and ofcourse there is a problem. The printer turns it self off and losses my print job and then i print again and it runs out of ink. I don't have time to print it off before my first class which ends up working ok because we really didn't get deep into any cases yet.
After class i come back to the library and trying to print my property cases. I selected all the files and right click so i can hit print and not have to manual open all the files and print. I guess i hit delete and not print and there was no popup that said are you sure you want to delete. They were all gone. I starting to worry i don't have any of my briefs but i have a couple hours to class and i redo them. Then i remember i put Pierson v. Post on this blog. I print this brief out and go to pick it up. At school you have to swipe your card to print it turns out all my briefs that didn't print were save in a que under my number and i was able to print them.
Thank you blog you save me from having to redo my work. Ofcours i have to redo/fix my briefs because they have flaws but i not in a rush.
In the future i will put up more briefs and other law school experiences. Any body else notice that many people stop for a second when they hear your going to law school?
Monday, January 19, 2009
Day before my first class
It is a little after nine at night the day before my first class. I am bored because i finished all my homework even the extra reading(except what i can do because of loosing my password). I could go out tonight buy i don't want to be tired for my first day of class. So i stuck at my house bored but whatever.
Sunday, January 18, 2009
My favorite homework
I just done my Homework for the first week of class. I generally think i am missing something in my briefs but i think i am close. So far, property seems the most interesting. This could because Property as talking about ferea naturae and torts seems to be talking about common sense things. For example, Spano v. Perini Corp. 1969, talks about if your make something explode, like making a hole for a tunnel, can you be held liable for damages that the explosion causes. The concept of absolute liability for certain acts i am sure is in the long term important buy it seems kind of obvious. Contracts seems fine. So far i ranking Property, Contracts and than Torts.
I also have a legal writing class but i can't find out my homework because i did something stupid. I logged on to the school network to test to see if it worked and i must of changed my password and now i forgot what it is. I went through all of my common passwords and none of them work. I going hope the tech people are there on MLK JR. Day and i can get a password that works.
I also have a legal writing class but i can't find out my homework because i did something stupid. I logged on to the school network to test to see if it worked and i must of changed my password and now i forgot what it is. I went through all of my common passwords and none of them work. I going hope the tech people are there on MLK JR. Day and i can get a password that works.
Saturday, January 17, 2009
A case brief
If anyone is has already found this site be nice. I Just learned how to do a case out of a book and i start my first classes next week.
Pierson V Post
Supreme court of New York
1805
Facts: Post was hunting a fox. Pierson saw Post chasing the fox and to prevent him from catching the fox he killed it and took it. Post was the plaintiff and not respondent and Pierson was the defendant and not the appellate. They were on unowned land/ public land.
Issue: Does pursuit and reasonable belief of the ability to capture of a ferae naturae give that person the right to ownership ferae naturae?
Rule: The only way to own an animal ferae naturae as property is to acquire by occupancy. Pursuit alone vests no property of right in the huntsman and that even pursuit, accompanied with wounding, is equally ineffectual for that purpose, unless the animal is actually taken. The mortal wounding of such beasts, by one not abandoning his pursuit may, with the utmost propriety, be deemed possession of him, since, thereby, the pursuer manifest an unequivocal intention of appropriating the animal to his individual use.
Application: while Post did pursue the animal first and may of eventual kill it and claim it he failed to do so because Pierson did so before him. To gain the animal ferae naturae as property one must have occupancy of it. To gain occupancy one must kill and capture it or mortal wound it and keep pursuit so that they will eventually capture it.
Conclusion: Reversed. While Pierson act towards post may be rude they do not give him any legal remedy because Pierson legally acquired the animal.
Dissenting opinion: Justice Livingston believes that the person who is in pursuit of the animal and there is a reasonable belief that he will capture gives him occupancy and the said animal much as mortal wounding it and continuing pursuit does.
Pierson V Post
Supreme court of New York
1805
Facts: Post was hunting a fox. Pierson saw Post chasing the fox and to prevent him from catching the fox he killed it and took it. Post was the plaintiff and not respondent and Pierson was the defendant and not the appellate. They were on unowned land/ public land.
Issue: Does pursuit and reasonable belief of the ability to capture of a ferae naturae give that person the right to ownership ferae naturae?
Rule: The only way to own an animal ferae naturae as property is to acquire by occupancy. Pursuit alone vests no property of right in the huntsman and that even pursuit, accompanied with wounding, is equally ineffectual for that purpose, unless the animal is actually taken. The mortal wounding of such beasts, by one not abandoning his pursuit may, with the utmost propriety, be deemed possession of him, since, thereby, the pursuer manifest an unequivocal intention of appropriating the animal to his individual use.
Application: while Post did pursue the animal first and may of eventual kill it and claim it he failed to do so because Pierson did so before him. To gain the animal ferae naturae as property one must have occupancy of it. To gain occupancy one must kill and capture it or mortal wound it and keep pursuit so that they will eventually capture it.
Conclusion: Reversed. While Pierson act towards post may be rude they do not give him any legal remedy because Pierson legally acquired the animal.
Dissenting opinion: Justice Livingston believes that the person who is in pursuit of the animal and there is a reasonable belief that he will capture gives him occupancy and the said animal much as mortal wounding it and continuing pursuit does.
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