November 10th Notes

Fundamentals of Legal Practice
November 10, 2009

MEMOS
-Grades harsher than what he really means
-Page 80  Statute must be quoted verbatim
    -Can not put (1) elements into the quote
    -You can number elements but do not use numbers in the papers
-Page 81 Must be broken down into all those parts
    -Must relate class material to projects (mens rea)
    -What he talks about, you talk about
    -Always use past tense where correct
-Tie everything to the question at hand
-Is Harry a person?
    -common sense definition, also criminal law definition(mens rea)
-Intentionally issue
    -intentionally injure or kill (accidental killing needed to be mentioned)
    -does not mean intentionally kill means just kill
-Hunting in the Everglades is not everywhere
    -Game preserve in Everglades
-Is the Florida Panther native?
    -Do not assume native
-What does native mean?
    -indigenous? What did they mean?
-Are the quail native or game animals?
    -Can't kill native
-Game preserve
    -Protect native animals not all game animals
    -It is a game preserve (for game animals)
    -What is a game preserve?  Is it for hunting? Is it a refuge?
-State Designated
    -Jurisdiction
    -Everglades are a national park
        -Do they have state jurisdiction?  Is it tribal?  Is it federal?
    -Designated how?
        -physical with signs, proclamation, on a map
        -state does not have duty to label
        -Everglades is a large area
-Could have been quail and panther?
-Area
    -how big is that space?
-Proofing needs to be there
    -Take out all the What ifs?
    -Follow directions
    -Never begin a sentence with But, And, Also, Now
    -No prepositions at the end
-Hit it, discuss it and move on
-Remember all elements need to be proven
-Always answer why and give the explanation
    -declarative statements don't work, need persuasion

***Pleadings Due Nov. 24th***
-Can not have typos much more point heavy


Midterm
-Bulk of it 70%
Ethics
Intentional torts
Negligence

Introduction
No introduction of paralegal or job description

Chapter 1
Page 13  How the law is formed
-what composes it
-mandatory precedent
    -same court, higher court
-persuasive precedent (authority)
    -everything else, other states, not a higher court
-Both are Primary
-Do not cite secondary
(not primary(law itself) or secondary authority(law reviews, books))

-Know court system

Article 3 US Constitution
----where does the court system comes from

Chapter 2
Damage systems
-example of each

remedies on 25/26

3 differences on criminal and civil
-right to appeal, jury, burden of proof

Very little on briefing and reading cases
    -what pro se means
    -what amicus curiae brief is

Chapter 3 (nothing)

No reporters
-maybe the regional system
    What state in the regional reporters is WA in?  Pacific

No citations forms

Legal Research Chapter 4
Pocket part
    What is state encyclopedia?
Shepard's
Reversed and overruled
-examples

No Writing Skills Questions Chapter 5
-efficient use of time page 160
    -budget your time
        -3 questions are 70% of your exam

Ethics  Chapter 6
-know the duties (10)  All of them are in example
    -Why it is unethical? Explain
    -Spot the duty, what she did wrong, this is a breach of what
One of the essays is about a Paralegal that does something wrong

Civil and Torts   Chapter 7
-Intentional Tort question
-spot the tort, define the tort, apply the tort
    -crushing skull with bat
        -battery, injury of touching, bat to head
-the big 7 torts, a few extras
    -know the elements
    -use the facts in the questions to apply to
        (big dog, apartment, small car, screamed)
    -show you read the facts, Question the extra parts (drinks with the speakers)
    -Do not get hung up, show you know what they are and move on
        -Just say that the privacy is 4 torts, even if you don't know them offhand
    -battery, harmful touching or of something attached to the person
    -Multiple Torts, only the one we discussed in class

Comparative Negligence
    -just know what it is

There is a Negligence question
    -first establish there is a duty(conduct activity as to not cause harm/damages to others), was it breached (something you did or did not do), average reasonable person in the same situation, causation was it foreseeable result of the breach?, does not make you liable in crazy situations(like the monkey), too "Attenuated"(opposite of foreseeable USE IT IN THE ANSWER), the damages are easy to see
    -just because someone is hurt, does not mean you get something
    -needs duty, breach of duty, causation, and damages
    -less duty on your own property, more duty in public place
    -Do Not Ignore His Facts

Bring highlighter, Paper, Black or Blue Pen
-about 2 hours on the essays, other questions


Real Property            Page 332
-Joint Tenancy
    -own the property 50/50 and right of survivorship
    -can sell but does not form a new joint tenancy, becomes tenancy in common
        -only in community property states (only 9 states have this)
    -Transfer Rights: need the approval

Community Property State
    -acquired since the marriage there is a presumption
    -No Community Property: lawsuits, gifts, inheritances, everything before marriage
    -Death of a Spouse
        -in the will, they can dispose of their half however they want to
        -if you do not do anything, it goes to the spouse

Condominiums
    -own the unit, not the common areas,
    -same as real property

Grantor
    -sells or transfers
Grantee
    -to whom the real estate is transfered to

Deposit Receipt Contract
    1. listing of personal property     (not fixture)
    More in book Page 336
   
Commission 6%
    -then split with agents
        -then split with agent and firm

Deed
-proves it is your house
    1. Warranty Deed
        -Seller has title to what he is selling, Guarantee
       
    2. Quitclaim Deed
        -No warranties, just the interest in the property, if any
        -example on page 346
            -heir on property with interest
        -His example: Dec 1988, Married July 1992, Sold Dec 1992
        -did not change title, 6 months of CP, wife could claim interest in property
        -He signed warranty, She signed quitclaim