Sunday, October 12, 2008

Torts Midterm

  • Ok..... I know I said no blogging but I was very good and haven't done anything blog related all day. In fact I did a lot today including a little fear factor-ish cleaning of my kitchen. Holy Shit! Those little brown bugs were so disgusting I became physically ill cleaning them up and out. I am bug free now. Apparently they love Trader Joe's pancake mix. So now my pantry is empty and my kitchen is bleach clean from head to toe. Thank the lord! I still have the hebee geebies though.

    Today was the big day in a 1L's life--The practice midterm. One hour to complete. I was able to memorize all 7 of the intentional torts, their elements, exceptions, and defenses today. I did some mnemonic action and I wont tell you the crazy shit I came up with to remember.............Well ok just one:

    8-Defenses to Intentional torts

    Self defense
    Defense of others
    Defense of property
    Recapture of Chattels

    my sentence was: Can Sammy do drugs right now and jump. (Sammy is my kitty) more, one more....this one is for False Imprisonment and Brian is the EX that is going to jail and probably won't escape..

    False Imprisonment
    Unpermitted or Unjustified
    Restraint of a person
    Confined to set
    E: with no reasonable, safe or known means to escape

    Fuck you Rebecca Cuz Brian Escaped....(hahahahah!)

    So...the exam. I did it on my compter which is highly recommended I was able to make it very neat, organized and reader friendly. I am stopping myself from repeating the hypo and reliving it right now but believe me I have the hypo memorized.

    I followed the LEEWS approach which is a little different than we are taught and works way better. I read the professors instructions on three prior final exams so I didn't have to waste any time reading them today--I just glanced at them to be sure it was the same ol crap and it was.

    I read the call of the question before I read the facts. I didn't read the whole hypo instead with every material fact I listed an issue. It looked like this:

    Is D liable for Battery against P?

    Battery is the intentional causing of offensive or harmful CONTACT to the person of another.

    Intent refers to the purposeful action of causing bodily contact doesn't matter if he intended harm: applied and analyzed facts to see if they met this requirement.

    Harmful contact is impairment of the physical body or structure or function of the physical body including illness or disease. (Applied facts and analyzed)

    Offensive contact......(same thing defined applied and analyzed)

    Contact to person of another (same thing then conclusion)

    Any exceptions? Any defenses? Move on.....I did this for Assault, Battery, IIMD, Trespass to Land, Trespass to Chattels, and Conversion...I did not find a false imprisonment claim.

    Now the call of the question was this: "Discuss any liabilities for intentional torts committed by P and D." Does this imply that we should discuss defenses and exceptions or did he purposely leave that out because of time constraints etc? He did mention he would make the test easier so he could grade it faster and get it back to us. This leads me to believe we didn't have to address defenses. Also, he mentioned he hates when ppl cut and paste legal rules so instead I said "as defined above." I wonder if that is ok? In comparison to the other 5 people in the room I began typing first and stopped last and think I got about 90% done unless I missed something? I outlined my answer on scratch paper and think I got it all. I'm not sure how well I analyzed that is always my down fall but I kept asking myself "WHY." That way I could remind myself not to make conclusory statements which i am really good at.

    It was a great experience and it was fun to apply the accumulation of knowledge that I have built. I have an appointment to meet with the guy who was #1 in Contracts last year. He is going to give me some pointers, look over my outline and help me prepare a strategy for exam time! I think I can handle torts on my own. :)

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