Category Archives: Books

Humans are narcissistic

  • the book

Here’s what I mean. Recently, I’ve been reading this book called Scienceblind by Andrew Shtulman, a book about intuitive theories. The 8th chapter of this book highlights intuitive thoughts about life, and what life means to us.

  • moving=living

One of the examples given in the book that highlight our understanding of life is how young children don’t see plants as ‘living’. Our reasoning behind this is simple; moving=living. Life as defined by biologists includes anything that extracts energy from their environment and uses that to further exist. So then why might our intuitive understanding of life be so wrong? The book goes on to provide an explanation: living things that move such as other people or animals interact with us, they can be dangerous or helpful: this is why we focus on them. Even within things that move, children focus on the ones that are most like us. This is also brought up in the book: ‘the more similar an organism is to us, the more likely preschoolers/young children are to attribute it biological properties’. So in short, the more human-like an organism is, the more ‘alive’ it seems to us.

  • relating biological processes to ‘feelings’

Children relate biological processes such as eating and sleeping to feelings: we eat because we are hungry, or sleep because we are tired. These are feelings that we feel, that cause us to perform biological processes. Children see ‘life’ through this sort of filter, which in turn causes them to have misconceptions on what exactly is living. While this logic may work on a pet like a dog or cat, a plant that can’t ‘feel hungry’ still needs nutrients to ‘eat’ and are still living. The amount of diversity in living organisms also causes confusion. What eating and sleeping looks like varies a lot in the biological world, yet as humans , we still see organisms that function like us as more ‘living’ than ones that do not.

  • conclusion

There isn’t an organism that is more living than another, however through our own skewed intuitive reasonings, it may appear as if one organism can be ‘more alive’ than another. Humans are inclined by nature to put ourselves on a pedestal: things seemingly more ‘human’ than others are deemed as more ‘living’.

The ABCs Of Law School

Basic Vocabulary

  • Plaintiff: The person that brings the case to the court (The person that accuses)
  • Defendant: The person that is being accused

Chapter 1: Admissions + Applications 

  • LSAT – Law School Admissions Test
    • 5 parts- 1. Logic Games 2. Reading Comprehension 3.Arguments 4. Experimental 5. Short Essay 
    • CAS- service that assembles a report of transcript, LSAT…
  • GPA + Recommendations

Chapter 2: Choosing a School

  • ABA Accredited School 
    • Can Practice law in any state
    • What is studied
      • Common law- the history of case law in England + America
      • Case law- rules of law found in court decism 
      • Statutory law- laws enacted by state legislatures by Congress
  • State Accredited
    • Only practice law in certain state 
  • Non-Accredited  
    •  Not really reliable
  • Choosing law school on ratings
    • All law schools have the same skills and courses in the first year
      • After that many electives
  • Law Professors
    • Research
      • Publications in law reviews
      • Edit case books
      • Write books
    • Accessibility needs to be considered

Chapter 3: First year Overview

  • Fundamental First Year Classes
    • Torts
    • Legal Research + Writing
    • Contracts
    • Civil Procedure
    • Criminal Law
    • Real Property
    • Constitutional Law
  • These are tested on bar examination 
  • Current Trends in Teaching law
    • Letter Grades
    • More and more material to teach
      • Society expands 

Chapter 4: Torts

  • Torts 
    • Tort is an ‘injury or wrong’
    • Under Civil law, means may not necessarily be illegal but causes harm-> can still overlap within criminal law like trespassing 
  • Teaching methods
    • Socratic Method 
      • Students already read texts
      • Discuss in class
        • Professors use class time to ask analytical questions and lead discussions on the text that was read for homework
    • IRAC Method
      • I- Issue of the law, the conflict
      • R- Rule of Law, How law applied 
      • A- Analysis, discussion of facts of case + a applicable law
      • C- Conclusion, A summary of all the facts + applied law + verdict
  • Some Vocabulary
    • Liability- responsibility for one’s conduct
    • Tortfeasor- someone that commits a torts
    • Tortious- conduct that subjects someone to liability because of a tort
  • Intentional Tort
    • Intends to cause harm/injury
    • Against Person
      • Assault, Apprehension of Immediate harmful contact
      • Battery, harmful/offensive physical contact 
      • Assault v.s. Battery: Assault only needs apprehension from victim while Battery has to have actual physical contact
    • Against property
      • Trespassing 
  • Negligent Torts
    • Failure to care to a certain degree
      • That a normal reasonable person would in the same circumstances
    • When plaintiff believes defendant has breached a ‘duty of care’
  • Strict Liability Tort
    • “Strict liability exists when a defendant is liable for committing an action, regardless of what his/her intent or mental state was when committing the action.” – Cornell Law
    • Does not have to be at fault, only needs to prove that tort has occurred and is caused by the defendant. 
    • This is applied to situations that are inherently dangerous
  • A Mnemonic learning Device (Page 190) for dealing with Torts Questions

Chapter 5: Legal Research + Writing

  • Legal Research and Writing- Teach how to find law in law library and write legal papers
  • Substantive law
    • structure/govern everyone in society 
    • Rights and responsibilities for civil law 
    • Crimes and punishments in criminal law
    • Examples: 
      • Torts
      • Contracts
      • Wills 
      • Penal codes
  • Procedural law
    • Systems that are set to make, administer and enforce substantive law. 
    • How courts hear/resolve cases + how proceedings are governed

3 Basic sources of Law

  • Codes
  • Aka Statues, known collectively as statutory law 
  • Starting point of most research 
  • State Statutes 
    • Each state has a set of codes for various aspects of life
  • Federal Statutes
    • After passed by Congress, President signs it into law, it becomes codified
      • Placed into United States code (USC) 
  • Case law
  • Derived from actual cases instead of codes/statutes
  • Trials usually begin on county courts and are available online
  • State Court Decisions
    • Reports 
      • Written decisions of a state appeals court 
    • Appellate court/appeals court   
      • Can review cases from a lower court 
    • Review 
      • A review of the decision from a lower court can be requested through a appeals court
    • Appellant/Petitioner 
      • The person that appeals the lower court decision  
    • Appellee/Respondent 
      • The person that is against repealing lower court decision
    •  Court decision’s contained the court’s opinion (reason for decision), laws that applied to case, and judgement
    • Judgement 
      • Court’s decision on rights of the parties 
  • Published opinions of appellate courts 
    • Majority opinion
      •  When all that review case disagree with court’s ruling 
    •  Concurring opinion 
      • judges/justices want to emphasize a point 
    • Dissenting opinion 
      • Written by judge/justice that disagrees with majority opinion 
  • Binding v.s. Persuasive Authority 
    • Binding authority
      • Lower courts have to follow rulings of higher courts in jurisdiction
    • Persuasive authority
      • Not required to follow decisions made by higher courts in other jurisdictions 
  • Administrative law
  •  The decisions of administrative agencies
  • Administrative agencies are made when a branch of government give some of their authority to group of people that are deemed experts in a particular field
    • Example: DMV
  • Branches of US government
    • Legislative: Create law 
    • Executive: Enforces law
    • Judicial:interprets law
  • Shepardizing
    • Means to verify that the information being cited is still ‘good law’ meaning it has not yet been overruled, modified, or criticized heavily.  
  • Citations
    • Shorthand notation to identify and locate a source of law
    • Where they are used
      • Briefs, legal documents presented in court to prove why a party should win
      • Legal memorandums, informal documents to aid parties involved in legal matters to remember points of law/facts
      • Law review footnotes, a student run journal that publishes articles by law professors,..- other legal professionals 
    • The Bluebook is the basics of citation forms in legal matters 

Chapter 6: Contract Law

  • Contract, a legally enforceable promise 
  • Contract law shows to what extent promises that are legally binding can go
  • Contract Vocabulary
    • Assignee: the person that transfers (property, contract, other rights) from contract to another person 
    • Executor: Person to carry out terms of will 
    • Decedent: deceased person that writes the will
    • Consideration 
      • A benefit that is agreed to by parties, the reason why the contract is made
      • A necessary element for a valid contract
      • Is the inducement to a contract 
      • May also be referred to as quid pro quo 
        • Latin term :‘This for that’ :bargain exchange
    • Inducement: a promise that allows for parties to enter into agreement 
  • Briefing a case
    • Similar to the IRAC approach in analyzing case law
    • A student brief, a short summary + analysis of the case
      • Sort out the parties
      • Identify issues
      • What was decided 
      • Analyze reasoning behind the decision
  • Different ways of briefing cases
    • The name of case
    • Nature of case
      • The form of action 
        • (Negligence, breach of contract, assault)
      • Type of proceeding
        • (appeal, summary judgment, demurrer)
        • Summary judgement: put early end to lawsuit 
        • Demurrer: written response to complaint filed in lawsuit which basically asking to dismiss case because there is no legal basis for lawsuit
      • Relief that is sought 
        • (criminal sanctions, monetary damages (material compensation))
      • Example:”Appeal of a burglary conviction”
    • Facts of case
      • Brief summary of all facts
    • The issue
      • The rule of law put in form of ‘yes or no’ question
    • The rule of law/legal rule 
      • The general principle  that the court was applying to the case 
    • Analysis 
      • A summary of the events that happened 
    • Holding/conclusion of case
      • Discussion of rule of a case + Court’s rationale 
      • Rationale: The reasoning behind the court’s decision   
  • Why cases are in law books
    • To show the majority rule 
    • To show the minority/dissenting opinion
      • This contains information called dicta
    • Historical significance
    • Decided wrong 
  • Sample case brief 
  • Elements to create a valid contract
    • List
      • Offer
      • Acceptance
      • Consideration 
        • Money
        • Promise to do/not do something 
      • Mutuality 
        • Carry out considerations
      • Certainty of terms
    • Offer
      • Written document
      • Orally 
      • Conduct of parties
    • Acceptance
      • Must be be accepted to form contract
      • Mutual assent
        • Both offers and acceptances must be explicit in a contract. The statement “I might sell you my guitar for $400” would be considered an intent to negotiate rather than an actual offer. “Sure, I’ll give you $300 for it” or “Yes, if you include the case and some strings” would not be an acceptance because the terms “accepted” are not the terms originally offered; such a statement would be deemed a counter-offer.
        • Applied words
        • Conduct of parties
          • Be in agreement based on actions even if the person didn’t officially sign the contract 
    • Consideration 
      • Inducement into contract
      • The incentive/ the bargain 
    • Mutuality 
      • Both parties have to be responsible to perform agreement
        • If this is not the case, no one is legally responsible 
    • Certainty 
      • The terms must be sufficiently definite 
  • Defenses against ‘Breach of contract’
    • Legality
      • If the contract is illegal + Both parties have equal fault 
    • Statute of frauds 
      • A statute that states that certain contracts had to written and signed by the parties
    • Capacity
      • The state of the defendant while making the contract was compromised (Drunk, insane)
    • Unconscionability 
      • Extreme unfairness in the ‘consideration’
    • Mistake
    • Fraud
    • Undue influence
      • When a party convinces another with their relationship
        • When one has more authority 
    • Duress
      • Wrongful pressure put on a party in the contract to agree to the contract
  • Compensations for ‘Breach of contract’ 
    • Damages
      • Compensates for resulting loss the nonbreaching party incurred because of the breach in contract
    • Restitution
      • Requires that the defendant return/forfeit the benefit that they unjustly received as a result of the contract
    • Specific performance
      • Breaching party has to carry out a specific order by court
        • Example: the duties in the contract 
  • Uniform Commercial Code (UCC)
    •  Common law and UCC presides over contract law
    • Governed by common law 
      • Real estate
      • Services
      • insurance
      • intangible assets
      •  employment 
    • Governed by UCC
      • Tangible objects
      • goods 

Chapter 7: Civil Procedure

Chapter 8: Criminal Law

  • There are 2 types of criminal law in the U.S.
    • Substantive criminal law
      • Defines what is criminal 
      • Gives the punishment that should be enforced as a result
    • Procedural criminal law, procedures to investigate and prosecute criminal behavior
  • actus reus + mens rea
    • actus reus, ‘guilty act’ commit a criminal act 
    •  mens rea, ‘guilty mind’ have intent that deserves blame
    • For something to be a crime, the person has to intend to to do something that state legislature/congress has deemed to be a wrong: has to be criminal intent
    • Concept is based on belief that only those that have acted in a way that makes them morally in the wrong should be punished 
    • Some crimes do not require mens rea 
      • Strict liability laws-> social benefits of strict rules outweigh harms of punishing someone morally innocent
      • Statutory rape laws 
      • Sale of alcohol to minors 
    • Crimes are put into categories: 
      • Felonies
      • Misdemeanors
      • Infractions (violations)
        • Minor offenses that can be covered by a fine and no jail time
  • Felonies and misdemeanors
    • Punishments 
      • Felonies can have a more severe punishment such as capital punishment, or imprisonment for >1 year 
      • Misdemeanors have less severe punishment such as fine, probation, community service, confinement < 1 year 
    • Nature
      • Felonies are the most serious type of criminal offense 
        • Homicide (murder, manslaughter), robbery, rape, grand larceny… ETC
        • Each felony has specific elements to be met for the defendant to be found guilty 
      • Misdemeanors 
        • Public intoxication, vagrancy, assault + battery… ETC
  • Category of crimes
    • Personal Crimes (injury or harming of wellbeing to another individual) 
      • Assault 
      • Battery
      • False imprisonment
      • Homicide 
      • Rape 
    • Property Crime (interfering with right to property)
      • Larceny (theft)
      • Robbery 
      • Burglary 
    • Inchoate Crime (Incomplete crimes, a substantial step was missing from crime)
      • Any crime that has been attempted
      • Conspiracy 
      • Solicitation
    • Statutory Crime (Violation of state/federal statutes)
      • Alcohol related crime
      • Sale of Alcohol to a minor 
    • Defenses against crimes :Infancy, insanity, intoxication, justifiable use of force, duress
  • Civil v.s. Criminal Law
    • Civil cases= disputes between individuals, Criminal= against the state
    • Civil law= injured party, plaintiff Criminal=injured party either people of state/U.S.
    • Federal system=the jury must have a unanimous verdict, State(⅓ states)=only majority 
    • Civil case= defendant is liable or not liable, Criminal=guilty or not guilty 
    • Civil case= appeal by either party, Criminal case= only defendant can appeal 
  • Criminal procedure, protect individual rights while going against the government 
  • Constitutional Safeguards, for those accused
    • 4th Amendment, Protected from unreasonable seizure/search
      • Evidence that is obtained illegally must be excluded from trial 
    • 4th Amendment, Warrant for arrest has to have a probable cause
    • 5th Amendment, Can’t be deprived of life/liberty/property without trial (due process of law)
    • 5th Amendment, Against Double Jeopardy=Can’t try someone twice
    • 6th Amendment, Guarantee speedy trial, by jury, public trail,… ETC.
      • Right to attorney, if defendant can’t pay for someone, they are provided one 
    • Against excessive bails, and cruel/unusual punishment 
    • 5th Amendment, against self-incrimination
  • Federal Exclusionary Rule
    • After the case of Mapp v. Ohio, The Supreme court ruled that evidence that has been obtained illegally (against the 4th amendment) can’t be used against someone in court
  • Police need to get a warrant to search cell phones even during a lawful arrest
  • Automobile exception: allows search of lawfully stopped vehicle

Chapter 9: Property Law

  • Real Property v. Personal Property 
    • Real Property (real estate/immoveable property), land ownership and possession
    • Personal property, movable items anything that isn’t ‘real property’
      • Tangible,Physical property (something that can be touched)
      • Intangible, non-physical (debts, copyrights, trademarks, patents)
    • The purchases, sales, possession of property comes from the English common law 
      • Developed in England in the 11th century
      • Stare decisis: applying historical cases to similar cases in precedent/future rulings by judges
  • Adverse Possession, a way of getting ownership of property by occupying it for some time with intention to own it
    • Property can be occupied by someone that doesn’t own it 
    • The title holder of the property has the responsibility to expel unrightful occupants of the land by a certain time. 
    • If this and some other conditions are met, the titleholder that doesn’t meet the obligation can lose the rights to the property
    • The conditions of adverse possession
      • Actual
        • Show open use of land in the intent of owning it 
        • Act like you own the land 
      • Hostile/Under claim of right 
        • Knowing that the land isn’t theirs but still speaking as if it is their own  f
      • Open and Notorious,Possess the land openly for everyone to see 
        • Improving + cultivating land demonstrates this
        • Owner should know about this/or really notorious use most people know  
      • Exclusive, claimant has exclusive occupancy 
        • Can have joint possession 
    • Actual possession 
      • When adverse possessor improves, cultivates, encloses property 
      • Basically acts like the rightful owner 
    • Prescriptive easement,
      • Usually happens when the land is used to access other property like a driveway
      • Can happen when neighbor begins to use part of adjoining property
      • This gives legal right to use the property but not the ownership
  • Easements, the right to use/cross property for a reason 
    • Affirmative easement 
      • Right to do something on someone else’s land 
      • Example: Can travel on road on others’ property 
    • Negative easement 
      • Holder can prevent granter from doing something legal on their own land 
      • Example: holder can build something that obscures light/view 
    • Creation by 
      • express grant
      • Implication
      • Necessity
      • Adverse possession
    • Termination by
      • If created by necessity and it isn’t necessary anymore
      • Land is destroyed 
      • Easement abandoned
    • Eminent domain, the right of government/its agent to take private property to use publicly with payment as compensation
  • Possessory Estates
    • Estate, interest in land that might become possessory in a certain period of time 
      • Fee simple, can potentially last forever like absolute ownership
      • Fee tail, can potentially last forever, but will end if the first fee tail tenant doesn’t have any lineal descendants to take possession of estate
      • Life estates, end after tenant dies
      • Leasehold estates, last for fixed time, or from period to period until the landlord/tenant wants to terminate
  • Future Interests, non possessory interests that can potentially become possessory 
    • Interest doesn’t give current right to ownership

Chapter 10: Evidence 

  • Criminal law v. Criminal Procedure + Evidence
    • In Criminal law, the focus on if the a crime happened or not, the type of crime and what defenses are to the crime
    • In Criminal Procedure, the focus is on the process of the investigation when prosecuting the accused
    • Evidence governs the presentation of facts
  • Burden of Proof
    • The prosecution’s job in a criminal case is to prove the guilt of defendant ‘beyond reasonable doubt’
    • In a civil case, the accusor only needs to prove responsibility by ‘preponderance of the evidence’ which means that there is greater than 50% of responsibility 
      • This shows that a civil case requires a lower amount of certainty in the proof
  • The Brady Rule
    • Based on Brady v. Maryland
    • The supreme court ruled that the prosecution was to turn over all exculpatory evidence
    • Exculpatory evidence, evidence that can prove that the defendant isn’t responsible
    • The prosecution has to disclose information and evidence even when it is favorable to the defendant
  • Types of Evidence 
    • Real evidence, physical objects like a weapon
    • Demonstrative, a model of what might have happened
    • Documentary, any kind of documentation
    • Testimonial, witness account
    • Circumstantial evidence, evidence that can support the case depending on the situation, also known as indirect evidence
    • Direct evidence, supports the claim directly, an example being a witness seeing defendant shooting victim 
    • Corroborating evidence, evidence that when compared with other evidence can strengthen and add to the authenticity of existing evidence 
  • Hearsay, a statement that made outside of court that can be used as proof/evidence
    • Goal of this rule is to make sure the evidence at trial is as authentic as possible
  • Presumptions, conclusions that triers of fact (judge/jury) are supposed to get from the evidence presented. 
  • Burdens of proof in evidence 
    • Burden of production, evidence that show facts exist
    • Burden of persuasion, evidence that is meant to persuade trier of fact
  • Other Rule of Evidence
    • Judicial notice,accepting a fact without formal proof (EX: sunset, sunrise, tides)
    • Relevance, if evidence proves/disproves a fact (has to prove something, guilty/not guilty)
    • Privileges
    • Examination/impeachment of witnesses, 
    • Best evidence rule, a legal principle that says the original version of a document is the best authentication 
    • Exclusionary rule, excludes evidence that is obtained illegally/by violating defendant’s rights (14th amendment)
    • Due process, everyone is entitled to safeguards that make sure a trial is fair
      • Assisted with a lawyer
      • Neutral decision maker

Chapter 11: Constitutional Law

  • U.S. Constitution 
    • The main law, the supreme law of the land/super law 
    • Any laws that violate the constitution are invalid
    • State constitutions are also supreme inside the state, as long as it doesn’t interfere with the constitution
    • Constitutional rights, individual liberties granted by state/government which protects the citizens from interference from the government 
    •  Articles of constitution
      • Article I, gives power to the legislature to create laws
      • Article II, shows how laws should be executed by the executive branch 
      • Article III, defines laws for the judicial branch 
  • Judicial Review, power given to federal courts that allows them to review the actions of the other two branches and deem them to be unconstitutional: therefore invalid
    • This doctrine was established by a landmark case called Marbury v. Madison (1803)
    • Background
      • Marbury was appointed as justice of peace for D.C
      • James Madison was Thomas Jefferson’s secretary of state
      • Madison refused to carry out Marbury’s commision
      • Marbury + 3 other colleagues of similar status petitioned to get a writ of mandamus 
        • This is when a superior court has the power to command a public official/lower to perform a specific duty 
    • Issues of the Case
      • Did Marbury have the right to receive this commission
        • Yes
      • Can he sue for this commission in court
        • No, Chief Justice John Marshall held that it was unconstitutional because it was outside of the court’s jurisdiction 
        • (In article III, section 2, clause 2) (pg.135)
      • Does the Supreme court have the authority to order madison 
        • No
    • After this, Justice Marshall established the principle of judicial review 
  • Original + Appellate Jurisdiction 
    • Original Jurisdiction, the authority of a court to make a decision on a case based on a trial and its evidence instead of reviewing cases and their procedures
    • Appellate Jurisdiction, refers to power that protects from legal procedural errors, bias and other wrongs that might occur in a court
    • Supreme Court
      • Most cases are appellate jurisdiction
      • Judicial review comes from Article VI, Clause 2 (supreme clause) and Article III, Section 2
  • Certiorari, a way of getting the Supreme court to hear a case which is based on federal and chosen by 4/9 of the justices known as a grant.
    • Before 1988, the two ways for a case to be brought to the Supreme court were by appeal or certiorari.
    • In 1988, Congress eliminated almost all of the appeal process, so now most of the cases that are heard get there by certiorari 
  • Supreme + lower federal courts will only hear cases that are justiciable 
  • Justiciability 
    • Court can’t offer an advisory opinion
      • Advisory opinions are opinions that are submitted by courts that don’t have impact on the decision but advises on interpretation of law
    • Plaintiff has to have standing
      • The legal right to even start a lawsuit 
      • Has to have injury in fact, ‘invasion of legally protected interest’
      • cause /effect relationship between injury + the conduct
      • Likelihood that the injury can be corrected by a favorable verdict
    • Issues must be ripe, can’t be moot
      • Mootness, when the actual controversy no longer exist, there would be no actual impact by the court’s decision 
    • Issues can’t go against the political question doctrine 
      • A court won’t hear a question that could be better resolved by another branch of the government due to its political nature 
    • Bill of rights, the first 10 amendments to the U.S Constitution which contain the rights for citizens 

Chapter 12: Legal Writing + Research Revisited

  • Office memorandum and the brief are 2 of the most used kinds of documents by attorneys in their daily work 
  • Law Office Memorandum, a ‘document of legal writing’
    • Open memorandum, have to find primary authorities for the memo 
    • Closed memorandum, only need to use authorities provided 
    • Primary authority, legal research term that ‘refers to statements of law that are binding upon the courts, governments and individuals’
    • Key elements 
      • Heading, 
        • the author of memo
        • who it was written to
        • what it is about
        • date 
      • Questions
        •  Presented, statement of legal questions that are to be answered
      • Short Answer 
        • A short answer for each of the questions presented 
      • Statement of Facts
        • Objective description of facts that are of legal importance in relation to the issue
      • Discussion 
        • Issues + sub issues that come up with the problem
      • Conclusion
        • Longer version describing how the problem is solved + problems presented by problem 
    • Legal Brief 
      • A document used by a lawyer to persuade the court that their client is in the right, and to persuade them that they should make a decision in favor of their client
      • Import to make arguments clear, concise and engaging by getting to the point instead of using too many details

Chapter 15: Recap 

  • Torts and Contracts classes teach what lawyers do in civil court
  • Civil Procedure teaches how lawyers carry out their jobs in Civil court
  • Criminal Procedure is about the procedures in Criminal Law
  • Evidence is taught as a basic tool 
  • Real Property teaches basics on law regarding possessions and land
  • Constitutional Law goes into the powers and differences between different branches of government 
  • Legal Writing and Research is also taught as a basic tool for attorneys to learn further