Tuesday, May 30, 2006

Second bite at the apple

The more things change, the more they stay the same.

Law school is officially over. I took my last final, threw out all my notes, sold back my (largely unopened) textbooks, and drank unti I didn't know my last name.

Then I started studying for the bar.

Today was part deux of New York Practice, a subject you may remember from my pre-BarBri whining. We learned about such fascinating subjects as contribution, indemnification, and venue! The good times just keep on coming.

HYPO: it is hot, and it is humid. I can barely think, let alone study New York Practice in this horrible heat and humidity. I sue for tortious interference with my bar studying. I prevail. The heat and humidity are determined to be liable for $100,000 in damages stemming from my physical discomfort and $100,000 for my mental anguish, specifically the persistent fear that I will fail the bar. The jury has apportioned liability: the heat is 40% liable and the humidity is 60% liable. Can the heat benefit from CPLR Article 16 with respect to my non-economic mental anguish damages?

Answer: No. The heat and humidity are intentional joint tortfeasors, and intentional tortfeasors cannot benefit from Article 16. Thus, both are jointly and severally liable.

Yup, I've cracked!

1 Comments:

Blogger ResourceGirl said...

You're on the right track! Keep doing what you are doing (studying) but remain light-hearted and don't get toooooo serious. I think that is the secret to passing! I'm suffering right along with you this summer (and working full-time also).

7:18 PM  

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