Dick intentionally spits on Prudence while she is asleep. Several weeks later, Prudence learns of Dick’s act. Dick is liable for battery.
– hypothetical in a bar exam review outline for Torts. A reader posits: “I truly do not think the writer of this example, with an infinite number of possible battery examples at his or her disposal, had an innocent mind at the time of the example’s writing.”
Legendary humorist Charlie Chaplin was once asked to describe “funny.” He famously responded: “You take a woman walking down the sidewalk. Show the audience a banana peel in front of her. Everyone knows that she is going to step on the banana peel and do a pratfall. At the last instant, she sees the banana peel, steps over it and falls into an open manhole that neither she nor the audience knew was there.”
Alright Charlie. Well here we have the set-up almost right. Reuters has a story about a banana peel and a 58-year-old California woman who busted her ass slipping on one.
Alone that’s not very funny, so we need something more. We need an open manhole…
Good Samaritans are supposed to help strangers, not beat them up.
Joke about Good Samaritan liability all you want, but we’re about to talk about an interesting case that is right on point.
The Philadelphia Daily News reports on a lawsuit that has been filed in New Jersey. Keith Briscoe was killed during a scuffle with Winslow Township police officer Sean Richards and other men who came to the officer’s aid. Some of the men were cops, while others were random citizens — so-called “good Samaritans” — who had no idea what was going on but tried to help out the cop anyway. All of them are being sued in a civil action brought by Briscoe’s family members.
I hope Briscoe’s family wins.
I don’t know about you, but when I see a cop and a citizen having an argument or even getting into a fistfight, I don’t assume that the cop is in the right. I don’t assume the cop is addressing the situation with the best intentions or proper motives.
But I don’t assume that the cop is doing anything wrong either. I simply don’t assume and go about my business.
I don’t think I’m alone in this, but I do think I’m in the minority. And I think it’s about time that some in the majority feel some heat for making, and then acting upon, faulty assumptions that reflexively favor the police…
Here in New York City, the headquarters of Above the Law, we’re still dealing with the aftermath of the Great Blizzard of 2010. Check out our slideshow for some images (like the one at right).
Although the snowstorm ended on Monday, and it’s now Wednesday night, many streets remain unplowed and many sidewalks uncleared. Mayor Michael Bloomberg, generally praised for his tremendous competence, is taking a lot of flak for the city’s inadequate response.
And that’s just in terms of politics and public relations. Wait until the lawyers get involved!
What possible causes of action could arise out of the snowstorm? Let’s discuss….
I already mentioned this in Morning Docket, but the issue deserves a full post. A little girl of 4-years-old barreled her bike into an old lady on a Manhattan sidewalk.
The 87-year-old woman broke her hip, and subsequently died.
Despite being just four-years-old at the time of the accident, State Supreme Court judge Paul Wooten ruled that a negligence suit could go forward against the child. Apparently, children under four are presumed to be incapable of negligence, but if you are over four you are capable of being an idiot.
So we’ve got a 4-year-old, an 87-year-old, a bike with training wheels, and the sidewalks of New York. Where do your sympathies lie?
For some of you, the bar exam starts tomorrow. Your friends at Above the Law — and our bar-related advertisers, including Kaplan PMBR and BarMax — wish you the best of luck.
If you’re looking for more review questions, check out our post from yesterday, based on Professor Laurence Tribe’s unfortunate incident at a Safeway supermarket. A few of you have already posted impressive responses, suggesting that you’re going to ace the big test.
But the Larry Tribe fact pattern would have been labeled “EASY.” Here’s something far more challenging, from writer-turned-lawyer Elizabeth Wurtzel, who explains:
When I was studying for the bar for the first time in New Haven, in my total frustration, I wrote a parody of a bar exam question, or may be of a Barbri question. I posted it on the Wall at YLS [Yale Law School's list-serv], and I am told that ever since it has been reposted every bar exam season.
I have gotten suggestions that I publish it, and a couple of people have actually attempted to answer it, which is crazy. In any case, do what you want with it.
It is hilarious, and insane, and it will make your head hurt — or explode. Check it out below….
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Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: email@example.com.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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