Tuesday, November 08, 2005

Tuition Dollars At Work...




Random things that I learned today:

1) Civil Procedure: The 14th amendment, which was intended to impose the Bill of Rights on each of the several states, was ratified in an attempt to ensure equal protection of the laws for all citizens. The real world application of the legislation was obvious, especially for former slaves in the wake of the Civil War. But, apparently, the 7th amendment need not apply. There is no right to a jury trial in civil action between citizens. States are under no obligation in civil actions to provide it.

2) Criminal Law: Duress is no defense to murder. If I'm told to kill someone, with a gun to my head while my family is being tortured and held hostage, the law still can punish. Mitigation to manslaughter or reckless murder may be appropriate. But, there is no exculpatory principle.

3) Torts: Towns and cities are under no duty to protect your property from fire damage. Despite taxing citizens for the creation of a fire department, our first responders can point, laugh, and pray for rain. But, failing to provide water pressure or get to the scene fast enough are examples of real world no fault examples.

4) It is generally rare that I ever find anything useful from the realm of Contracts, but I think today's closest reward of knowledge is the writing requirement. In general, oral promises can lead to a binding agreement. But, no contract, certain to take longer than a year for performance to be completed, will be enforced absent some minimal written evidence.

5) I was told by 1L Astros fan, in jesting tone, that I had an "interesting" conversation last Friday night. Unfortunately, delicious mixtures of vodka, kahlua, and milk have precluded my recollection of it. Need to dig deeper into this...

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