Wednesday, 2 July 2008

Hard at work

The title of the post unfortunately doesn't refer to me, although by now I really need to kick my ass into gear. Slight mixing of metaphors there, but go with me.

Rather, the other day when in the library and I noted someone snoring loudly in the corner, I poked Boy to say 'Look, he's working as hard as you are'. At then we went back to working (or surfing the web, as the case may have been...) for a bit. 10 minutes later, a loud crash is heard and the guy who had been snoring had fallen off his chair. People rushed over, but it became apparent that he had actually just fallen off his chair whilst sleeping. At which point it became a bit funny.

He may have had a couple of drinks, looked a bit worse for wear. In which case it seems a bit odd to go to a library, but there you go.

Yesterday I had a Trusts class, with a rickety old professor who lectured while sitting down (this still all on video). I've actually only got another 3 classes to go, eek! So I learned a few things about trusts.

In fact I probably learned more about trusts than I ever knew. I may have mentioned but I never really 'did' trusts in uni. The night before the exam, I was sure that I could learn it all in a night but then swiftly changed my mind when it became apparent I couldn't. As it was a combined Land Law/Trusts exam I was able to wing it on land law and scrape by somehow.

So I'm not in the best place to tell you what is different over here with Trusts, but a couple of things did strike me:

- the lecturer kept saying that Constructive Trusts and Resulting Trusts weren't really trusts, but equitable remedies. Well, ok in a strict sense maybe, but surely the Constructive Trust was the 'original' trust? Richard the Lionheart and people going off to the Crusades and leaving their property in 'trust' with others and all, wasn't that how it started? (I always listened when it seemed like we were going to get a 'story' in class).

- the Totten Trust. A cheap way of creating a trust, by opening a bank account in your name 'on trust for [Someone else]'. When you die, whatever is left in there goes to them. Until then you can take out, put in, shake it all about whichever way you like, with impunity. I thought that quite nifty. Maybe all this study (or not) is making me soft.

Currently listening to a Constitutional Law for Foreign Lawyers lecture online. It's full of the interesting stuff, the Federalist papers, separation of powers, individual rights, make-up of the Supreme Court, all the big cases (Brown v Board of Education, Miranda, Madison, etc). Constitutional law makes up 1/6 of the multistate exam, and so it's an important area, but those are all multiple choice questions.
Answer choices along the lines of:
X situation is:
a) Constitutional because XYZ
b) Constitutional because PQR
c) Unconstitutional because ABC
d) Unconstitutional because he is wearing a hat.

Riveting stuff. The other essay based exam won't have hardly any Con law in it, because the Board Examiners shy well clear of anything 'contraversial'. I.e. interesting. Only the dry, settled law would be covered. Yawn!

Supreme Court just handed down this week a judgment about the individual right to 'bear arms'. They came down on the side of constitutionality. Hardly surprising given the conservative nature of the present Supreme Court. Anyone catch Justice Scalia on 'Unreliable Evidence' a couple of months back? I nearly ground all me teeth off!

Haven't seen many guns in NYC mind. Prob just as well, I fear the Bar Exam will only get bleaker...:P


Android said...

Your library story reminded me of something I witnessed whilst at my 6th form. Like here, someone fell off from a chair in the library. Everyone though they were probably sleeping, but when the person wouldn't wake up, an ambulance was called and it turned out that they genuinely passed out. :o

Mel said...

Oh dear! Where they ok? It's awful when that happens. Someone passed out in my tube carriage a while ago, I guess people realised that she wasn't sleeping (not sure how). I don't think she woke up though... We had to evacuate the train and the platform. I think to give her some dignity. :S

Android said...

I think they were ok (re 6th form accident)!

I hate it when people pass out for no apparent reason - it's scaaary :x