2 posts in one day? What are you, nuts?!

Couldn't help myself.
Look at the name of this poor shmuck in this case;

Bonerb v. Richard J. Caron Foundation

Not only does his name sound like boner, he's disabled!!!!!

Ha ha ha.

[It's okay though, he kinda won.]

And you think you're bored?

This has been my evening:

Affirmative Defenses
FRCP 8(c)

Layman v. Southwestern Bell Telephone Co.
- WsW?: Layman suing SBTC for trespass
o Appealing b/c easement raised at trial, after general denial, not as an affirmative defense
- Facts:
o ∏ Layman, 2 counts in petition
• 1. She was owner of property in Jeff. Co. Missouri
• 2. Δ’s had trespassed on land to install telephone wires without her consent
o She lost the suit, appeals
• She further contends that Δ’s continued to enter to maintain wires and cables
o ∏ asks for $7500 in loss to property value, and $2000 punitive damages for willful and forceful nature of acts by Δ
o *∏ received title in 1956
o 1973 she sees someone digging on the land, ∏ says it decreased value from $35k to $20k
o Δ Southwestern Bell (and Wright Tree Service) say SB received an easement from original owners dated 1946
o
o *****∏ argues that TC should not have permitted SB to introduce evidence of an easement at trial b/c it made a general denial and did not raise the issue as an affirmative defense.
- Issue:
o Whether a right of entry by easement is an affirmative defense in an action for trespass.
- Holding:
o ∏’s objection to the introduction of evidence of easement should be sustained
o Judgment reversed, remanded for new trial
- Reasoning:
o Rule 55.08 [similar to FRCP 8(c)] specifies “any other matter constituting an avoidance or affirmative defense.”
• Although easement is not expressly in the rule, it pretty much is there [license is there]
o Test applied is whether Δ intends to rest his defense upon some fact not included in the allegation necessary to support the ∏’s case.
• Δ can admit facts that could sustain ∏’s theory, but they don’t apply to it because of additional facts which place the Δ in a position to avoid any legal responsibility for its action, then such a defense must be set forth in his answer.
o *It is the obligation of the Δ in an action for trespass to affirmatively plead and prove it was justified

Really shows you who your friends are...

That is usually one of those statements that is followed by a bunch of bitching about your jerk friends. I intend the opposite. It's nice to be reminded of all the people who have your back. I highly advise making sure you have good people in your life.

No real secret, haven't made the quality of friends here in S.D. I would have liked to. Unfortunately, the circle just got smaller. I'm 99% sure most of my closest friends here won't be returning after grades came out. Bummer. Losing friends sucks, but it's not my fault this time. I guess I can take solice in that.

That said, one or two of you owe me a call back. Think about it for a minute. You know exactly who you are.

(My Giants just lost a heartbreaker. One of the wildest games I've ever seen. What a thriller.)

Detox

Newport. Manhattan. What a crazy weekend. All day, every day.
The return was epic. What I remember of it at least.

Yep, I'm a jerk

There's this girl in my class who is always a total bitch to me for no reason. Except for when she needs something from me; an assignment, schedule question, etc. I've been dealing with this since January. I've finally had enough. I called her out on it and she left crying.

I rule.

I actually don't feel that bad.

No bueno. Muy no bueno.

Too much steak. Moving slow. Not feeling so hot. Struggling to type... harder to do homework... need to sleep it off.
Famous last words: "Oooh! Discount meat!"

Other famous last words, some actually spoken by me in the presence of people you know:

"Plenty of room, keep backing up." - Eric Smart to me
"I'll just set a controlled burn." - me to Walker [15th Street almost went up in flames]
"That's not enough gas to catch fire from a cigarette." - me to Bill Fedderson

Other famous last words whose context I can't remember exactly:
"You'll make it if you go fast enough."
"I can drink more than that."
"Don't be a pussy."
"We need a skylight." - Walker actually talked me out of that one
"It'll take us a month to finish that much Canadian Club." - Walker talked me into that one

Retraction

Me in 10 years. Keep reading.

For some reason I was very angry when I posted last night. I had the good sense to remove it early this morning. If any of you read it, I apologize for my tyrannical ravings. A long series of events yesterday got me into a pretty bad mood by about midnight. In no particular order; getting hit by a car on my run (I can say that because my mom is in Boston and doesn't read backlogged posts), going out when I wanted/needed to stay in, loosing my ATM card, meeting what may be the craziest person ever (of course it was a woman, and to say craziEST is pretty serious considering the company I've kept over the years), and finally getting into a fight on the phone with 2 people I had no reason to be mad at, and haven't seen in person for months.

Changing subjects; went to see Bullet For My Valentine and All That Remains on Thursday night. Haven't been to a show since I left AZ. It was awesome. All ages show, no booze, no seating. I moshed. I got my ass kicked by people 10 years younger and suprisingly larger. Bloody nose. Ruined t-shirt. It was glorious. My ears were ringing until Saturday.

Grades come out Friday. I'll probably be referencing that fact a lot in the next few days. In fact, there is no way that the outcome of those grades will not largely be the basis for my next posts for at least a month. I wonder how much goat herders get paid? More or less than sheep? Is there a difference?

Could it be?

Yep. I've joined a frat. Not really. But I'm starting to think I look the part. Pushaah.

Die Hard 4? Or is it 5?

Just saw a preview for the new Die Hard movie. F-in A Cotton, F-in A. Nothing says American Hero to me like a divorced, alcoholic cop who has no regard for the law. USA! USA!.

On an unrelated note, props to Matt for taking the MCAT. I think my support qualifies me for first rights to elective, unnecessary surgery. I want my nipples and belly button removed. I'll tell people I'm a clone. R-A-D.

I've been reading so much the days have begun to bleed together. The weather's been great in S.D. I've had a great view of it from my desk.

Meh. That's M-E-H.

Another weekend gone. Stupid time. That would be the best super-power: the ability to stop time. It has almost all the benefits of being invisible and some additional bonuses. Flying would be cool, but you'd get sick of it sooner or later. And you probably couldn't take that much stuff with you. Also, once people found out (which would be inevitable), you would be studied like a lab rat. If I could stop time, I would use my power for about 50:50 good to evil. I won't tell you the bad things I'd do just in case I stumble across this ability later in life.

It's hot in the hot tub! Get up!

Too fucking hot in SD.
And yes, I know I was just in Arizona. But in AZ I was set up not to have to be outside for too long.
House - Car - Work - Bar.

I have to walk everywhere here. Boo.

This shit just got real, yo.

Okay, so this law school thing is making less and less sense to me. The last few days have been really weird. Had a week off between semesters, finding it hard to gear up for this semester. Everyone seems to be complaining about the little time off. My new Torts professor is wretched. No one can understand what he's saying. Today my favorite professor walks into class, tells us he's having open heart surgery, and he's not gonna teach this summer. The replacement teacher has been named but it's gonna be a mess. The old professor admits that he taught the class is a non-traditional/backwards manner. If this new guy doesn't pick up on that, we're all fucked.

Unfortunately, I don't think I did bad enough last semester to have the decision made for me. If I failed out, I failed out. Live and learn, move on out. Niner. If I kicked ass, I would have to stay, right?
What probably hapened though was I did just good enough to have a tough decision ahead of me.

The people I'm worried about are my friends who don't think they have any other options (not to say I have a bunch of ideas myself). But these guys are gonna have a break-down if they don't pass.

The mathematics of law school are what really piss me off. Think about this:
The bottom 30-35% are going to be put on probation (~25 people).
Of them, 80% will drop out (20 people).

So let's say I finished about in the middle of the pack. My standing after the first semester would be fine. However, more than half the people below me would be gone. That means (depending on exactly where in the middle range I finished) I could technically be in the bottom of the class.

Additionally, if I'm at the bottom because of the above, even though I did fine 1st semester, I have to do much better 2nd semester. And think about this: I have to do comparitively better against an even more elite group.

If I drop now, I can get this semester refunded ($16k) and be automatically enrolled again whenever I want. But if I stay this summer, do the exact same as last time, likely I will be dismissed. Do not pass go, do not collect thousands of dollars and save imminent humiliation.

In the infamous words of Eric Smart, "At the time it seemed like the right thing to do."
Now I just have to figure out what that thing is.