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!


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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