in Property at 8:30am on Thursday morning we talked about several cases dealing with injunctive relief.
the fake factual scenario was about a developer who had sold property to home-buyers with the promise of building in a second golf course [because one golf course is not enough!] but when they changed the plans to put in multi-family housing instead [which is a code-word in the property world for poor people] the home-owners went ape shit and were looking for an injunction to prevent the developers from changing the plans.
we talked about how injunctive relief works, about the three-kinds of injunctive relief you can receive, a temporary restraining order, a preliminary injunction and a permanent injunction and about the test Judges use to decide if they want to grant an injunction.
will permanent harm be suffered by not granting the injunction? does the threat of harm cause by not granting the injunction outweigh the harm caused by granting it? would it be in the interest of public policy to grant the injunction? and is there a substantial likelihood that the applicant will prevail on its merits of the underlying claim?

when we got back to talking about our imaginary case of the developer v. the home-owners i found myself arguing for the home owners in favor of an injunction.
these people paid a lot of money to live around two golf courses, not one golf course and a bunch of proles.
i looked around the room and, for the most part, my fellow classmates are young, fresh out of college, and have never actually had to live around poor people.
if people can get away from the way poors act, then more power to them.
people laughed when i said that but, no, i'm dead serious.
i'm all about gentrification.

next up in Legal Writing II at 10:30am on Tuesday we spent another whole class period talking about the MPT, Multi-state Performance Test, which is a thing you have to be able to do to pass the Bar Exam.
the Bar Exam isn't for two and a half years for most of my classmates, three and a half years for me, but i guess they want us practicing early and often.
our Professor had given us a practice MPT to do between Tuesday and Thursday's class.
we spent all Thursday's class going over it and boy, did i screw up.
seventy-five minutes isn't a lot of time to analyze a problem, review relevant law and write a memo about it but most of my classmates were able to at least get more done then i did.
word came down that the end product ought to have been about four pages single-spaced.
i got a page and a quarter.
one guy was really beating himself up because he had 875 words. another girl had 1,300.
i had about 650.
and it's not like i had much of a time cushion at the end, i came up way short on time to the point.
i don't know what the fuck i'm gonna do when we have to take an MPT for real in class next week but it's only worth ten percent of our final grade, so...
worse comes to worse i'll fail out of Law School and get to spend some time in the Spring sunshine.

when Legal Writing II let out at 11:45 i had an hour and forty-five minutes to kill until Contracts.
i went down to the library in the basement of the school and set myself up in my usual corner.
before i could get down to work i had to go take a shit, though.
i normally shit in the mornings, but i didn't have time on Thursday morning on account of all the sitting around with my mouth hanging open that i did, and, since my bowels didn't make themselves known, i didn't go.
but by noon my shitter had woken up so i had to go sit on the pot in school and have a go.
shitting in public bathrooms is never as enjoyable and they never have baby-wipes to wipe your ass with, just dry paper, and who uses that by itself anymore?
i never feel as clean as i should.
when i got off the pot i went back to my spot in the corner of the library and set myself up to write some LiveJournals on my laptop computer that i schlep to school every day.
i like to try to get several entries done at once so that i can spend the weekend doing school work.
i was only able to get a half an entry done, however, in the time remaining to me after my poop.

for lunch the PSE had packed me a sack with a peanut butter and jelly and banana sandwich and some juliened red bell peppers with lemon-hummus but i didn't actually get around to eating it.
after my poop and trying to get some LiveJournal done i just didn't have the time.
when i left the library i grabbed myself an apple, a banana and several cookies from the motherfuckers at the Lexus Nexus give-away station.
as i've explained before, the people at Lexus Nexus, the biggest legal publishing company in the world tries to get Law Students hooked on their legal research layout by offering us free snacks several times a month.
i filled my pockets with all i could take, then continued on up to Contracts.
after setting myself up at my regular spot in the back of the room, i went to go refill my Thermos with ice water in the student kitchen and found one of my classmates about to buy herself a snack from a vending machine.
“what are you doing!?!” i chided her, “this place is bursting at the seems with free snacks, every office has a candy dish out, why in the good goddamn would you spend a dime on snacks when you could just pluck them from the walls.”
the girl conceded that i was right [or i just made her supremely uncomfortable] and she took my suggestion [order] and went down to the Lexus Nexus table to get herself a few free cookies.
i hate to see people spending money when they don't have to.

at 1:30 on Tuesday it was time for Contracts.
we spend the day talking about the Statute of Frauds.
the Stature of Frauds isn't so much one statute as it's a series of hundreds of statutes covering all different types of law in every jurisdiction in the U.S. [except maybe Louisiana here they do everything screwy.]
the Stature of Frauds, generally, says that certain contracts must be written down if they are to be taken seriously.
most of the time a contract is legally binding just if two people agree to any damned thing, but, under certain circumstances where the Statute of Frauds applies, it doesn't count if it's not memorialized in writing.
the six areas where the Statute of Frauds generally apply can be remembered with the acronym MY LEGS.
contracts concerning Marriages, contracts that last for longer then one Year, i forget what the L and the E stand for, contracts for the sale of Goods over $500, contracts that deal in surety.
and then there are contracts for the sale of real property. that is either the L or the E, though, i'm not sure why.
anyways, we talked about MY LEGS for a while and read several cases where people were or were not able to get out of a legal contract because of the apt application of the Statute of Frauds.
of course, requiring that a contract be written down can sometimes lead to fraud in itself, and, more often then not the Statute of Frauds can be used to screw somebody out of a deal that everybody thought was fair just because it wasn't written down.
in that case, a Judge must use Promissory Estoppel to make things right.
we talked about that last week, right LiveJournal?
class let out at 3:20pm, maybe a little over because our Professor likes to talk and doesn't give a shit about our time.

//[ab irato ad astra]

September 2017

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