Wednesday, July 30, 2008
Good luck, Will
I'm sure you'll do fine. You have a sensibility and clarity of thought that will serve you well.
Monday, July 28, 2008
Exhibit Hall "A"
I am standing on the artifical hill over the mcnair parking garage outside the test site.
When I was 17, I took my brothers laptop to Kensico Dam and wrote an essay about how this public monument would now be consecrated by: my past memories, the certainty that life would change by going to college, and simply because I willed it so.
I was foolisher then, what makes me think I am wise now?
I am no longer so certain of anything as I was when I was 17. But I know that I have worked very hard and learned much and I am humbled by how little I can really understand and those who have come before me passed; and not just the bar.
That's all I have to say for now...
When I was 17, I took my brothers laptop to Kensico Dam and wrote an essay about how this public monument would now be consecrated by: my past memories, the certainty that life would change by going to college, and simply because I willed it so.
I was foolisher then, what makes me think I am wise now?
I am no longer so certain of anything as I was when I was 17. But I know that I have worked very hard and learned much and I am humbled by how little I can really understand and those who have come before me passed; and not just the bar.
That's all I have to say for now...
Sunday, July 27, 2008
Accord is actually distinct from satisfaction
Accord: tendering substitute performance to appease angry obligee getting imperfect tender.
Honda accord: an overpriced reliable car with a high rate of satisfaction and a four piston engine
Satisfaction: accepting the accord. Note that accord must be actual consideration and not an illusory promise or phony baloney
Piston honda: a tough but easily beatable "(Super)Punch Out!!" opponent. A big sucker for the body blow body blow left left right left body body knock him out one two three four five six seven eight nine ten. A knock out! Yi yi yi yi!
Honda accord: an overpriced reliable car with a high rate of satisfaction and a four piston engine
Satisfaction: accepting the accord. Note that accord must be actual consideration and not an illusory promise or phony baloney
Piston honda: a tough but easily beatable "(Super)Punch Out!!" opponent. A big sucker for the body blow body blow left left right left body body knock him out one two three four five six seven eight nine ten. A knock out! Yi yi yi yi!
Saturday, July 26, 2008
Friday, July 25, 2008
TBOC 2.007 -> would the bar examiners dare do this again?
I've now seen this twice in the last eight years for the "no slaughterhourse corp" rule. I wonder if they will do a "no production and pipeline corp" rule
Texas Business Organizations Code
Title 1. General Provisions - Chapter 2. Purposes and Power of Domestic Entity - Subchapter A. Purposes of Domestic Entity - § 2.007. Additional Prohibited Activities of For-profit Corporation
It's the law, so I guess its fair game, but Jeesh!
Texas Business Organizations Code
Title 1. General Provisions - Chapter 2. Purposes and Power of Domestic Entity - Subchapter A. Purposes of Domestic Entity - § 2.007. Additional Prohibited Activities of For-profit Corporation
A for-profit corporation may not:
(1) operate a cooperative association, limited cooperative association, or labor union;
(2) transact a combination of the businesses of:
(A) raising cattle and owning land for the raising of cattle, other than operating and owning feedlots and feeding cattle; and
(B) operating stockyards and slaughtering, refrigerating, canning, curing, or packing meat;
(3) engage in a combination of:
(A) the petroleum oil producing business in this state; and
(B) the oil pipeline business in this state other than through stock ownership in a for-profit corporation engaged in the oil pipeline business and other than the ownership or operation of private pipelines in and about the corporation's refineries, fields, or stations; or
(4) engage in a business or activity that may not be engaged in by a for-profit corporation without first obtaining a license under the laws of this state and a license to engage in that business or activity cannot lawfully be granted to the corporation
It's the law, so I guess its fair game, but Jeesh!
Thursday, July 24, 2008
My toes itch. The process
My toes itch. The process by which ants go from minding there own biz to biting me.
Wednesday, July 23, 2008
Consumer Law keword: deception, warranty, unconscionabily , prohibited threats, unfair settlement practices
The garden variety DTPA claim involves
1 *a consumer
2 *a false deceptive or misleading act or practice in violation of the laundry list or breach of express of implied warranty or unconscionability (a word I will surely mispell)
3 * deterimental reliance ("in connection with")
Excludes
1 Professional services
2 PI
3 Large transactions
DPTA Damages = Economic/Pecuniary. Knowing = mental anguish and up to 3x economic damages. Intentional= treble economic and mental anguish
Texas Debt collection act is a DTPA tie-in that technically doesn't replace common law tort of "wrongful debt collection"
*Debt collectors includes original creditor
*Consumer debt
*Prohibited threat
*Misrepresentations
*Unconscionable is narrowly tied to attempting to collect debts not owed
DPTA tie-in damages = actual (economic + mental anguish). Knowingly = up to 3x actual
Federal debt collection is NOT a tie-in
*3p debt collectors only
*Consumer debts
*Misrepresentations
*if disputed MUST stop collection
Consumer claim against insurer
*1st try the garden variety DPTA
*2nd a violation of the insurance code is "enforceable under the DTPA" meaning, use the DTPA remedies
*3rd try the Insurance Code. Big one is "unfair settlement practice"
--proper plaintiff is any "person"; not a consumer.
--Remedy for unfair settlement = actual (economic + mental anguish). Knowingly = up to 3x actual
--Remedy for unfair delay is the insured claim plus 18% per annum as LDs
*4th try stowers only if the injured third party has offered to settle with insurer for insurance limits
1 *a consumer
2 *a false deceptive or misleading act or practice in violation of the laundry list or breach of express of implied warranty or unconscionability (a word I will surely mispell)
3 * deterimental reliance ("in connection with")
Excludes
1 Professional services
2 PI
3 Large transactions
DPTA Damages = Economic/Pecuniary. Knowing = mental anguish and up to 3x economic damages. Intentional= treble economic and mental anguish
Texas Debt collection act is a DTPA tie-in that technically doesn't replace common law tort of "wrongful debt collection"
*Debt collectors includes original creditor
*Consumer debt
*Prohibited threat
*Misrepresentations
*Unconscionable is narrowly tied to attempting to collect debts not owed
DPTA tie-in damages = actual (economic + mental anguish). Knowingly = up to 3x actual
Federal debt collection is NOT a tie-in
*3p debt collectors only
*Consumer debts
*Misrepresentations
*if disputed MUST stop collection
Consumer claim against insurer
*1st try the garden variety DPTA
*2nd a violation of the insurance code is "enforceable under the DTPA" meaning, use the DTPA remedies
*3rd try the Insurance Code. Big one is "unfair settlement practice"
--proper plaintiff is any "person"; not a consumer.
--Remedy for unfair settlement = actual (economic + mental anguish). Knowingly = up to 3x actual
--Remedy for unfair delay is the insured claim plus 18% per annum as LDs
*4th try stowers only if the injured third party has offered to settle with insurer for insurance limits
Tuesday, July 22, 2008
Monday, July 21, 2008
Changed the mnemonic for Negotiability
SW UFO TAN
A holder in due course is a party who, in good faith, and without notice of any claims or defense, gives value in order to take possesion of and obtain the right to enforce a negotiable instrument, whose authenticity is not apparently question.
A negotiable instrument is a signed writing unconditionally promising to pay a fixed amount of money at a definite time, alone (making no other promise other than to pay the money), with words of negotiability
A drawer's only liability on a instrument is to pay the instrument according to the terms it made. A drawer did not make the terms of the order in a forged drawer's signature and therefore the drawee must credit back the drawer's account because it was not following the drawer's instruction.
The indorser's contract to pay according to the terms of the indorsement expires if the the instrument is not presented to the maker or drawee within 30 days following indorsement.
Indorser also makes the tranferor warranty to all subsequent holders that indorser is a holder, that the authenticity is not apparently questioned, and that there are no known valid claims or defenses. Note that the transferor warranties are the same of the presentment warranties made to the drawee by the presentor
Drawee becomes bound to pay once they accept presentment. Payment is final and drawee has no recourse against payee but does have recourse against a breach of the presentment warranty.
A holder in due course is a party who, in good faith, and without notice of any claims or defense, gives value in order to take possesion of and obtain the right to enforce a negotiable instrument, whose authenticity is not apparently question.
A negotiable instrument is a signed writing unconditionally promising to pay a fixed amount of money at a definite time, alone (making no other promise other than to pay the money), with words of negotiability
A drawer's only liability on a instrument is to pay the instrument according to the terms it made. A drawer did not make the terms of the order in a forged drawer's signature and therefore the drawee must credit back the drawer's account because it was not following the drawer's instruction.
The indorser's contract to pay according to the terms of the indorsement expires if the the instrument is not presented to the maker or drawee within 30 days following indorsement.
Indorser also makes the tranferor warranty to all subsequent holders that indorser is a holder, that the authenticity is not apparently questioned, and that there are no known valid claims or defenses. Note that the transferor warranties are the same of the presentment warranties made to the drawee by the presentor
Drawee becomes bound to pay once they accept presentment. Payment is final and drawee has no recourse against payee but does have recourse against a breach of the presentment warranty.
Friday, July 18, 2008
Starbucks closures heaviest in Calif, Fla, Texas
So Starbucks closures heaviest in Calif, Fla, Texas.
When I lived in Sugar Land, there was a Starbucks in the Kroger, in the Barns and Noble, in both Targets, three stand alone Starbucks, and (no kidding) five competing independent coffee houses.
In Houston, the corner of West Grey and Shepard has two Starbucks across the street from one another. There are Starbucks in places that can't support gas stations. There are Starbucks in places where McDonalds have to shut down.
There is a Starbucks across the street from my office. Like all offices in the civilized world, there is a coffee pot on every floor. The coffee is pretty good, but people still go to Starbucks. At lunch, people will go eat there. I've seen three restaurants adjacent to the Starbucks close in frustration.
Starbucks ice cream, chocolate cover espresso beans, coffee beans, mugs, espresso makers, and liquer are available in every single grocery store, department store, and gas station.
Is Starbucks brand overextended in Texas? Duh!
When I lived in Sugar Land, there was a Starbucks in the Kroger, in the Barns and Noble, in both Targets, three stand alone Starbucks, and (no kidding) five competing independent coffee houses.
In Houston, the corner of West Grey and Shepard has two Starbucks across the street from one another. There are Starbucks in places that can't support gas stations. There are Starbucks in places where McDonalds have to shut down.
There is a Starbucks across the street from my office. Like all offices in the civilized world, there is a coffee pot on every floor. The coffee is pretty good, but people still go to Starbucks. At lunch, people will go eat there. I've seen three restaurants adjacent to the Starbucks close in frustration.
Starbucks ice cream, chocolate cover espresso beans, coffee beans, mugs, espresso makers, and liquer are available in every single grocery store, department store, and gas station.
Is Starbucks brand overextended in Texas? Duh!
Mneumonic is the quality of
Mneumonic is the quality of being a mneumon. As is "my answer to the commerical paper question was completely mneumonic. "
T shirt I want to
T shirt I want to see: "they might be giants" in blocky serif font around either a football or something else.
Evidence Recent
Evidence
Recent past convictions for relevant criminal conduct (?)
Bob's reputation "have you heard Bob slept with Jill, etc."
Recent past convictions for relevant criminal conduct (?)
Bob's reputation "have you heard Bob slept with Jill, etc."
Not evidence "Once a thief
Not evidence
"Once a thief always a thief"
Bob slept with Jill, Michelle, and Greg. So he must have slept with Sara too
"Once a thief always a thief"
Bob slept with Jill, Michelle, and Greg. So he must have slept with Sara too
Thursday, July 17, 2008
Where is bankruptcy like to come up? UCC Art 9 Question
How to:
Step 1: Determine the amounts of all creditor claims.
Step 2: Separate claims into classes by priority
Step 3: Proof of claim
Step 4: Distributions
Relief for D against SP just by the nature of the proceeding
Strong arms unperfected SPs
Unperfected SP no longer a secured at date of petition. This is a bad day for the SP.
Stops collection
Creditor who violates a stay faces: fines, liability to claims for damages (including punitive), and their collection activities are voided, voidable, or they have to undo it. See Bankr. Code § 362(k). Collection activity is broadly defined “applicable to all entities” against “any act.
BUT! SP may push Ct to lift stay and/or may press D to give more colleteral if SP is undersecured.
AND! In all cases bankruptcy gives secured creditors the right to be paid at least the value of its collateral.
Stops acceleration
In both Chapter 11 cases and Chapter 13 cases, a repayment plan usually can reinstate an executory contractual payment schedule by reversing prepetition acceleration, curing defaults, and compensating the losses caused by the defaults by providing for the payment of interest upon overdue amounts and reimbursing attorney’s fees and legal costs incurred by the SP. But cant cure after foreclosure.
Step 1: Determine the amounts of all creditor claims.
Step 2: Separate claims into classes by priority
Step 3: Proof of claim
Step 4: Distributions
Relief for D against SP just by the nature of the proceeding
Strong arms unperfected SPs
Unperfected SP no longer a secured at date of petition. This is a bad day for the SP.
Stops collection
Creditor who violates a stay faces: fines, liability to claims for damages (including punitive), and their collection activities are voided, voidable, or they have to undo it. See Bankr. Code § 362(k). Collection activity is broadly defined “applicable to all entities” against “any act.
BUT! SP may push Ct to lift stay and/or may press D to give more colleteral if SP is undersecured.
AND! In all cases bankruptcy gives secured creditors the right to be paid at least the value of its collateral.
Stops acceleration
In both Chapter 11 cases and Chapter 13 cases, a repayment plan usually can reinstate an executory contractual payment schedule by reversing prepetition acceleration, curing defaults, and compensating the losses caused by the defaults by providing for the payment of interest upon overdue amounts and reimbursing attorney’s fees and legal costs incurred by the SP. But cant cure after foreclosure.
Quick and Dirty on equity and injunction for Bar
Flavors:
Injunction, specific performance, reformation, rescission, declaratory judgment, foreclosure, partition, appointment of receiver, account, contribution, subrogation, marshalling, ne exeat, discovery, perpetration of testimony, creditor’s bills, interpleader, bills of peace, bills quia timet, equitable mortgage, equitable lien, equitable assignment (constructive trust)
Maxims of equity
Ubijus jus, ibi remedium (“Where there is a right there is a remedy")
Judex antiquitatem semper spectare debit (“A judge should always consider equity”)
As oppossed to Damages, which are substitutional, equitable remedies are Justice ex aequo et bono ("according to equity and good conscience")
Not sure of the latin here. I bet E Hewett would know. "Equity regards as done that which ought to be done" = the rationale for equitable adoption, quasi contract [also quantum meriut]
Injunctions are not in rem because aequitas agit in personam (“Equity acts in personam”)
Don't get to carried away with some of these maxims.
More about injunctions:
Injunction = an in personam order by the court to the defendant to do or refrain from doing
Weight factors:
(1) likely to succeed on the merits ***Threshold Q***
(2) irreparable harm;
(3) balance of harms: they are hurt worse than the good the ordinance would do;
(4) no substantial harm to public;
(5) no $ damages will be adequate (no adequate at-law remedy)
TRO -> 10 days, ex parte,
Absention Doctrine: Federal Judge will not interfere with state litigation when state provides an adequate remedy at law. Additionally, Federal courts will allow state court to decide logically prior interpretation of state law before examining that interpretation for its constitutionality.
Other remedies
Replevin:Ejectment::Chattle:Realty
Rescision is an equitable remedy to silence allegations of contract when, all there really was there involved a mutual mistake with the superficial appearance of a contract. See, e.g. Peerless
Injunction, specific performance, reformation, rescission, declaratory judgment, foreclosure, partition, appointment of receiver, account, contribution, subrogation, marshalling, ne exeat, discovery, perpetration of testimony, creditor’s bills, interpleader, bills of peace, bills quia timet, equitable mortgage, equitable lien, equitable assignment (constructive trust)
Maxims of equity
Ubijus jus, ibi remedium (“Where there is a right there is a remedy")
Judex antiquitatem semper spectare debit (“A judge should always consider equity”)
As oppossed to Damages, which are substitutional, equitable remedies are Justice ex aequo et bono ("according to equity and good conscience")
Not sure of the latin here. I bet E Hewett would know. "Equity regards as done that which ought to be done" = the rationale for equitable adoption, quasi contract [also quantum meriut]
Injunctions are not in rem because aequitas agit in personam (“Equity acts in personam”)
Don't get to carried away with some of these maxims.
More about injunctions:
Injunction = an in personam order by the court to the defendant to do or refrain from doing
Weight factors:
(1) likely to succeed on the merits ***Threshold Q***
(2) irreparable harm;
(3) balance of harms: they are hurt worse than the good the ordinance would do;
(4) no substantial harm to public;
(5) no $ damages will be adequate (no adequate at-law remedy)
TRO -> 10 days, ex parte,
Absention Doctrine: Federal Judge will not interfere with state litigation when state provides an adequate remedy at law. Additionally, Federal courts will allow state court to decide logically prior interpretation of state law before examining that interpretation for its constitutionality.
Other remedies
Replevin:Ejectment::Chattle:Realty
Rescision is an equitable remedy to silence allegations of contract when, all there really was there involved a mutual mistake with the superficial appearance of a contract. See, e.g. Peerless
In Deed
County clerks in Texas won't record your deed unless either
A) It is signed by grantor and notorized
B) It is signed by grantor + two witnesses
Compare to self-proving will:
It is signed by testator and two witnesses and notarized
if its not notarized, the witnesses have to come testify.
Compare to Order for muniment of title:
Order for Muniment of title is an order from a judge, it goes from the court clerk to the the county clerk. Ba-dang!
Compare to affadavit of heirship:
Also serves as a Muniment of title, but is rebuttable within 5 years of recording. Magically, it becomes irrebutable after 5 years.
Compare to Mechanics lien:
Perfected on receipt if all formalities of recording the affadavit of the Mechanic's lien statute are met. Primes the mortgage lien!
BTW: The maximum deficiency judgment after a lien is foreclosed, in Texas, is limited to the difference between FMV and debt; obviously its less if the deficiency is less, that is to say you can't get more than the deficiency for a deficiency judgment. Anyhow, the rationale for the cap is to prevent fire sale prices.
A) It is signed by grantor and notorized
B) It is signed by grantor + two witnesses
Compare to self-proving will:
It is signed by testator and two witnesses and notarized
if its not notarized, the witnesses have to come testify.
Compare to Order for muniment of title:
Order for Muniment of title is an order from a judge, it goes from the court clerk to the the county clerk. Ba-dang!
Compare to affadavit of heirship:
Also serves as a Muniment of title, but is rebuttable within 5 years of recording. Magically, it becomes irrebutable after 5 years.
Compare to Mechanics lien:
Perfected on receipt if all formalities of recording the affadavit of the Mechanic's lien statute are met. Primes the mortgage lien!
BTW: The maximum deficiency judgment after a lien is foreclosed, in Texas, is limited to the difference between FMV and debt; obviously its less if the deficiency is less, that is to say you can't get more than the deficiency for a deficiency judgment. Anyhow, the rationale for the cap is to prevent fire sale prices.
Tuesday, July 15, 2008
Adoption
purpose of 6 month period of posession is to allow court to make a finding about whether permanent adoption is in child's best interest.
husband and wife must join the adoption.
Can you imagine?: Ok, sure you can adopt the kid. Not me. I'm going bowling.
husband and wife must join the adoption.
Can you imagine?: Ok, sure you can adopt the kid. Not me. I'm going bowling.
Defamation requires malice only where
Defamation requires malice only where its a public person, like Berlusconi. Burden of proof for actual malice requires Clear and Convincing evidence. Rationale here is that the state's interest in remedial measures for defamation, must be balanced against 1st amendment right to political free speech
State of mind not a factor on private folks. Even inadvertant publication will suffice. Publication can be satisfied with an audience as small as one but not if the one person is the person you are defaming.
So: Hey, Jerk, you are ugly and your mom dresses you funny
Jerk has no cause of action in defamation but Jerk's mom does
State of mind not a factor on private folks. Even inadvertant publication will suffice. Publication can be satisfied with an audience as small as one but not if the one person is the person you are defaming.
So: Hey, Jerk, you are ugly and your mom dresses you funny
Jerk has no cause of action in defamation but Jerk's mom does
Monday, July 14, 2008
Distinguishing: Larcency, Larceny by trick, false pretenses, embezzlement, lycanthropy
Larcency - I take your stuff
Larceny by trick - Hey, look at the size of that water buffalo. Yoink!
False pretenses - Please sign over the deed to your house, its a pretty standard thing if you want to ride the ferris wheel. No really.
Embezzlement - Sure, I'll hold this for you...
Lycanthropy -
Larceny by trick - Hey, look at the size of that water buffalo. Yoink!
False pretenses - Please sign over the deed to your house, its a pretty standard thing if you want to ride the ferris wheel. No really.
Embezzlement - Sure, I'll hold this for you...
Lycanthropy -
Sunday, July 13, 2008
Why is Jesse Sr being critical of Obama news?
I would have thought that everything that the media had to say about this would have already been said when Jesse Jackson, Sr. was rebutted by his own son.
Here's why it's news: The simplistic news is a study of one-dimensional characterisation. Honestly, there is more nuance in professional wrestling than what you get on the coverage of this issue. I'm repeating myself: I had exactly this reaction when the Cindy Sheehan story broke. I only mention this because I was dead on accurate about this part:
My point is, I'm an awesome super genius. Yay me. And with that daily affirmation, I am ready to study some more bar exam materials.
Here's why it's news: The simplistic news is a study of one-dimensional characterisation. Honestly, there is more nuance in professional wrestling than what you get on the coverage of this issue. I'm repeating myself: I had exactly this reaction when the Cindy Sheehan story broke. I only mention this because I was dead on accurate about this part:
Over the next few weeks I expect that the various media outlets will "fill in the blanks" by fitting the "two sides" back into traditional characterizations until we go back to the simplistic "left" vs "right" dicotomy. Listen for the undercurrent of "well gang, that solves that mystery" This will be the tone of articles from media outlets of all stripes.
My point is, I'm an awesome super genius. Yay me. And with that daily affirmation, I am ready to study some more bar exam materials.
Tuesday, July 08, 2008
Mr. Cheezeplateur has an intentional tort claim based on a cause of action for "wrongful imprisonment"
The Bloomberg coverage of the latest diplomatic debacle on the farewell tour involves involves President Bush's own press corpse doing a PR hatchet job on the leader of Italy. Bloomberg's spin is to put the term 'insulting' in quotes like I just did and emphasize what bad character Belusconi really has.
What should be know about the tort of defamation is that it involves the malicious (as in intent to commit the tort) publication of information know to be false about a person (actually this tort also exists for recording bogus liens on surface or mineral estates, its called 'slander of title') and as such a complete defense is that the information is true.
It should be understood that the defense is complete because it destroys what of the necessary elements of the tort. This is as opposed to an affirmative defense, which is an exception that says, all the elements of the tort happened but some other things happened too that make it not a tort anymore.
Anyhow, because to show that its true that someone is a bad character requires evidence of being a bad person, the type of bad character evidence which is normally inadmisable in a civil case become admissable.
Final comment: look at the photo that Bloomberg chose for the article. It's Bush, walking around, totally free of any context by the background: a field of green grash cropped close in the photo. What a great job! Here: one good turn deserves another. Here's my context for this blog entry. My -- Text -- has --- trapped -- the -- Cheese!
What should be know about the tort of defamation is that it involves the malicious (as in intent to commit the tort) publication of information know to be false about a person (actually this tort also exists for recording bogus liens on surface or mineral estates, its called 'slander of title') and as such a complete defense is that the information is true.
It should be understood that the defense is complete because it destroys what of the necessary elements of the tort. This is as opposed to an affirmative defense, which is an exception that says, all the elements of the tort happened but some other things happened too that make it not a tort anymore.
Anyhow, because to show that its true that someone is a bad character requires evidence of being a bad person, the type of bad character evidence which is normally inadmisable in a civil case become admissable.
Final comment: look at the photo that Bloomberg chose for the article. It's Bush, walking around, totally free of any context by the background: a field of green grash cropped close in the photo. What a great job! Here: one good turn deserves another. Here's my context for this blog entry. My -- Text -- has --- trapped -- the -- Cheese!
You don't need a warrant to arrest CHAVS
I love the last one.
Saturday, July 05, 2008
Res Gestae hearsay exceptions
I first saw this when I took pre-trial litigation:
For the longest time, I thought that res gestae only refered to excited utterance, but that's simply wrong. Excited utterance, mental or physical state, sensory impressions all seem to be res gestae. Maybe dying declaration too? It doesn't really matter as its also clear a hearsay exception.
For the longest time, I thought that res gestae only refered to excited utterance, but that's simply wrong. Excited utterance, mental or physical state, sensory impressions all seem to be res gestae. Maybe dying declaration too? It doesn't really matter as its also clear a hearsay exception.
texas rp
HOORAY VENUS WILLIAMS! YOU ARE AWESOME! SERENA IS FAIRLY GOOD TOO.
Rule of equitable conversion is flipped. Risk of loss on party is possession
Elements of marketable title: unbroken chain, free of encumbrances
Rule of equitable conversion is flipped. Risk of loss on party is possession
Elements of marketable title: unbroken chain, free of encumbrances
Thursday, July 03, 2008
Expert opinion admissable (daubert)
Expert opinion admissable if its NEATO- has Nonjudical uses, Error rate is low, Accepted by the relevant scientific community, a Testable theory, and the results are more Objective than subjective.
What's truly astounding about civil
What's truly astounding about civil procedure is that the great majority of it happens before trial.
Wednesday, July 02, 2008
Probable cause arrest warrant: NOOS3
Probable cause arrest warrant: NOOS3 - Name of offender, Offense, in an Order that is Signed and dated by a Magistrate (turn 90)
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