i woke up at 7:21am Tuesday morning for a full day back at Law School.
it was my first day back to school after ten days of Spring Break but, since i didn't actually get to enjoy any of my Spring Break, since it was poisoned with work work work work work, i was not at all ready to get back to the grind.
making things all that much worse was the fact that at 7:21am, the sun wasn't completely up yet.
with daylight savings the Sunday previous the clocks got pushed forward and now i'm back to waking up before the sunrise, which is a totally depressing thing.
it is unreasonable for anybody or anything to ask you to work harder then the sun.
also making things shite was the fact that over Spring Break my sleep schedule got all muffed up.
i reverted to my natural sleep patterns which involve staying up all night and sleeping until the late afternoon.
i tried to scale that back in the days leading up to Tuesday, i tried waking up an hour earlier each day, but, waking up to an alarm is not something i can do if i don't actually have anywhere i need to be, so i would just turn my alarm off and sleep, which meant that, come Tuesday morning, i was running on four or five hours, max.

in Property we spent the first half of class talking about a book we had to read by an old idealistic-hippie-turned-capitalist-property-developer called Coming Out Of The Woods.
[see the first half of yesterday's post.]
after a break fifty minutes through, we spent the second half of class talking about easements and covenants.
and easement is a right that a property owner grants to somebody else for them to do something on their land.
a covenant is a restriction that a property owner places on themselves to not do something on their land.
these things can be either In Gross, which means they are rights that apply to a specific person, or they can be Appurtenant, which means they apply to the land.
sometimes covenants and easements can be implied or adversely-possessed, if people do things to the land without the landowner's permission but also without their objection for a long enough time.
easy enough, i guess.

then we finished class by talking about Privity of Estate which is about the relationship between parties in land deals.
you can have horizontal privity, between the original guy who sells their house, like a developer or a contractor, and the guy who buys it, and vertical privity between all the parties who successively buy a house and the various estate interests of the original developer.
that's where shit got fuzzy.
we spent a good twenty-five minutes talking about different hypothetical developers who sell hypothetical lots to hypothetical contractors who sell to hypothetical owners who sell to hypothetical owners who lease to hypothetical tenants and who can sue who to enforce what obligations and who can sue who to demand what rights.
by that time i just checked out and was ready for the next class.

Legal Writing II:
In Legal Writing II we talked about persuasive legal writing, as opposed to objective legal writing we've been doing up to this point.
this is important because the big Trial Brief that we've been working on all Spring Break is supposed to be persuasive writing.
i don't know why the Professor is just getting around to teaching us this stuff now after we spent all Spring Break working on our Brief, not knowing what we're doing.

the PSE normally packs me a lunch on school days, peanut butter and jelly and banana, but she did not on Tuesday, i can only assume because she doesn't love me anymore.
if i looked hard enough i could have found some free food, there is always free food to be found at Law School, but i don't like the hoops i would have had to jump through to get it.
the Oil and Natural Gas Law Club was having some kind of meeting that was catered by PotBelly, but i didn't want to sit through an hour of listening to people talk about shit i don't care about and can't believe is an actual subject of study just to get a sandwich i don't think i would like.
instead i went down to the library in the basement and set myself up to do half of my reading/briefing for Contracts.
not what was due that day, but looking ahead for Thursday.
after an hour of that some short little Marine i know came over to talk at me for several minutes about how his wife has some kind of genetic disorder that gives her the squirts all the time.
to get out of that i packed up my stuff and went back upstairs for Contracts several minutes early.
when i walked into my Contracts room, a guy who sits near me told me there were sandwiches to nick in the lunchroom.
Jason's Deli from some other club's meeting.
i was going to head to the lunchroom to look for leftovers anyway, but i appreciate the heads up.
i guess i have a reputation at school for being a bit of a scavenger.

in Contracts we talked about implied conditions to contracts.
stuff that isn't written down or discussed by either party but that just make sense to be there.
in one case, a party to a contract for municipal sanitation services had agreed to subrogate and hold harmless the other party from third-party lawsuits, but the sued party didn't notify the subrogating party until three years after the suit was commenced.
the Court held that implied in the subrogation clause in the agreement was that one party would notify the other in a timely manner.
you can't do what you are contractually obligated to do if you aren't notified.
then we talked about another case where one party took out a loan to purchase a commercial office park, and paid $45,000 to get the paperwork started.
ultimately, the deal wasn't able to go through because the contract specified that the purchaser had to get letters from all the tenants in the building saying how much rent they pay and what their lease is, but one of the tenants, the Federal Government, wouldn't do that for some reason.
the Court ended up finding that the bank was justified in refusing the loan because it said right there in the paperwork that that was an element that needed to be satisfied before monies were released.
the important distinction being whether something was a condition precedent [pre-see-dent,] which is a condition that must be satisfied before another event occurs, or if the condition was independent.
it sounds easy enough, but i might be missing several important points.

later that evening:
later that evening, back at my apartment, my phone vibrated with a GroupMe message from one of my classmates.
GroupMe, if you didn't know, [and why would you] is a group chatting app that kids these days use to talk to a bunch of people at once without actually having to talk to anybody.
one of my classmates added me to their GroupMe group chat a few months ago to be inclusive, i guess.
every few days my phone will buzz with one of my classmates talking to another.
most of the time i ignore it but if i have something clever to say, sometimes i will.
i replied to one guy's question and it got some “likes” or “thumbs up” or whatever the fuck GroupMe uses to mean approval and i'd be lying if i said i didn't like the feeling
it's nice to be approved of. it's nice to be liked.
i found myself looking back through my comments in the group chat and seeing who's “liked” them, and feeling better about those people.
i can see why people like this whole social media thing. validation is addictive.

//[ab irato ad astra]

September 2017

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