1. If Tim and Marry, both teenagers, went to Imagine State, where teenagers can get married, and let's say they got married, would they be a legally and validly married couple under Restatement (First) of Conflict of Law?
=> Sec. 123 states that "A marriage without any formal ceremony is valid everywhere if the acts alleged to have created it took place in a state in which such a marriage is valid." Thus, their marriage would be valid in Imagine state, so it would be valid every other states.
2. Jim and Pam are domiciled in New York City. They go on a trip to Scranton. Pam makes an apple pie and gives it to Jim. But the pie made Jim sick because some ingredients were bad. Let's say in New York the law requires negligence, and in Scranton all servers of food are strictly liable for injuries cased by serving bad food. What law would a New York court apply?
=> This hypo is related to a conduct-regulating rule. When conduct-regulating is at issue, New York courts would apply the law of the place of the tort. Thus, a New York court would apply the law that governs Scranton.
Friday, April 22, 2016
Friday, April 1, 2016
Williams v. State of North Carolina [I] - 317 U.S. 287 (1942)
Mr. Justice Douglas delivered the opinion of the Court.
Williams was convicted of bigamous cohabitation under the law of North Carolina. The judgment of conviction was affirmed by the Supreme Court of North Carolina. The US Supreme Court granted certiorari.
Petitioner Williams was married to a woman and lived with her there. Petitioner Hendrix was married to Thomas Hendrix in North Carolina and lived with him there. Petitioners went to Las Vegas, Nevada and filed a divorce action in Nevada court. The defendant in those divorce actions did not show up at the court, nor were they served with process in Nevada. As for defendant Thomas Hendrix, service by publication was made by publication of the summons in a Las Vegas newspaper. A decree of divorce was granted petitioners Williams and Hendrix by the Nevada court. Petitioners were married to each other. Petitioners were married to each other in Nevada on October 4, 1940. They returned to North Carolina.
The State contended that since neither of the defendants in the Nevada actions was served in Nevada nor entered an appearance there, the Nevada decrees would not be recognized as valid in North Carolina.
The Court said: "when a court of one state acting in accord with the requirements of procedural due process alters the marital status of one domiciled in that state by granting him a divorce from his absent spouse, we cannot say its decree should be excepted from the full faith and credit clause merely because its enforcement or recognition in another state would conflict with the policy of the latter..."
Friday, February 26, 2016
What is "CIS Index"? -- Finding Hearing records
Where can we find whether there was a hearing of an enacted law? Well, I tried this for a while and then I learned that Lexis.com provided CIS index. CIS seems to stand for "Congressional Information Service." (https://www.regent.edu/acad/schlaw/library/PDFs/Pathfinders/FEDERAL%20LEGISLATIVE%20HISTORY%20CHART.pdf.) You may be used to conducting legal research on Lexis Advance, but in order to use CIS index, Lexis.com would do the work.
Follow the below steps:
Lexis.com => Click "View more" on Legislation & Politics => U.S. Congress => Legislative History => U.S. CIS Legislative History => Type the public law numbers
You can find Reports, Hearings, Committee Prints, etc. on CIS Index.
Follow the below steps:
Lexis.com => Click "View more" on Legislation & Politics => U.S. Congress => Legislative History => U.S. CIS Legislative History => Type the public law numbers
You can find Reports, Hearings, Committee Prints, etc. on CIS Index.
Tuesday, February 23, 2016
How to Simply Calculate Worktime with Excel
There is an easy way to calculate worktime with Excel. See the below image.
1) Cell B2 is the start time. Type in the time you want, for example "21:14." Press "Cmd" + ";" or "Shift" + "CTRL" + ";" to input the current time.
2) Cell C2 is the end time.
3) Use the below formula in cell D2:
=HOUR(C2-B2)+(MINUTE(C2-B2)/60)
4) Add all the worktimes by using the below formula:
=SUM(drag over the cells you want to add)
CF. For those who don't want to see the error sign on the Excel sheet, try the below formula:
=IF(C2,IF(HOUR(B2)+(MINUTE(B2)/60)<HOUR(C2)+(MINUTE(C2)/60), HOUR(C2-B2)+(MINUTE(C2-B2)/60), HOUR(C2)+24-HOUR(B2)+MINUTE(C2)/60-MINUTE(B2)/60),"")
Wednesday, February 17, 2016
What is the difference between "Provisional Application" and "Nonprovisional Application"?
A provisional application shall include a specification as prescribed by 35 USC 112(a) and a drawing as prescribed by 35 USC 113. 35 USC 111(b)(1). However, claims are not required to be included in a provisional application. Id. at (b)(2). Provisional applications may be advantageous in obtaining the filing date because the filing date of a provisional application shall be the date on which a specification, with or without claims, is received in the United States Patent and Trademark Office. Id. at (b)(4). This means even when claims are still under revision, an applicant may file the patent application to secure the filing date. An applicant who decides to initially file a provisional application must file a corresponding nonprovisional application during the 12-month pendency period of the provisional application in order to benefit from the earlier provisional application filing. (See http://www.uspto.gov/patents-getting-started/patent-basics/types-patent-applications/nonprovisional-utility-patent#heading-1.) No provisional patent application will be issued and provisional applications will not undergo the examination. (See http://www.noreklaw.com/provisional_vs_nonprovisional.htm.)
I found the below links useful for figuring out the differences between the two applications.
http://www.uspto.gov/patents-getting-started/patent-basics/types-patent-applications/nonprovisional-utility-patent#heading-1
http://www.noreklaw.com/provisional_vs_nonprovisional.htm
I found the below links useful for figuring out the differences between the two applications.
http://www.uspto.gov/patents-getting-started/patent-basics/types-patent-applications/nonprovisional-utility-patent#heading-1
http://www.noreklaw.com/provisional_vs_nonprovisional.htm
Monday, February 15, 2016
What is "Session Law"?
According to Wikipedia, session laws are "the collection of statutes enacted by a legislature during a single session of that legislature, often published following the end of the session as a bound volume." From the above, we can know that session laws are statutes and they are already enacted.
Black's Law Dictionary says sessions laws are "[t]he body of statutes enacted by a legislature during a particular annual, biennial, or special session." As opposed to the above phrase "single session," here session slaws include annual, biennial (meaning taking place every other year, or special session.
You can check HeinOnline to see some of the examples of session laws!
link: http://home.heinonline.org/
Black's Law Dictionary says sessions laws are "[t]he body of statutes enacted by a legislature during a particular annual, biennial, or special session." As opposed to the above phrase "single session," here session slaws include annual, biennial (meaning taking place every other year, or special session.
You can check HeinOnline to see some of the examples of session laws!
link: http://home.heinonline.org/
Friday, April 10, 2015
What to Expect in your First Year of Law School Part II
Welcome to Part II of this article on what to expect as an incoming law student. As promised, this part will have tips on how to navigate the law school life as well as how to make the most of your time in law school as a 1L.
Tip # 6 - Ideal studying techniques
You made it to law school, and now the learning (marathon) begins. Depending on the school you attend, there will usually be a week of introduction that the school will host to the new students to help them familiarize themselves with the law school environment and to get them on track right from the beginning. This week will be right before the actual semester starts, and you will receive the materials that will be covered before this introductory period will begin. The lectures may include having introductory material in an actual class setting, and students are not graded on any part of the events during this week. Depending on the professor, you will experience what will be in store for you as a law student to a certain degree. For example, in one of my introductory classes that I attended, the professor quickly began cold calling on students to ask questions on the assigned material. Very quickly everyone in the room realized that this was not going to be a lecture, but an actual class. Now you will be one of two groups of people at this point, assuming you actually made an attempt to prepare for class. You will either be prepared because you managed to get all the reading done, or you will not be prepared. If you are in the former group, then you will be in good shape because you have successfully studied the materials and you pretty much know your pace in covering a large amount of reading. If you are in the latter group, however, you will need to change certain things because following the same studying strategy will not serve you well later on if it does not initially work. You may ask, then, what am I to do?
Well, there are certain things you can do to help improve your preparation. At this point it is very important that you know your strengths and weaknesses in your studying habits. However, what may have worked for you in college may not be enough to help you in law school. You need to expect large amounts of reading from each class, and if there is one thing that I can tell you for sure it is that everything will pile up like a rolling snowball if you procrastinate. Therefore, set aside enough time each day to study in a setting that will not have any distractions for you. You must be able to understand what you are reading, not just read it and forget about it. Be active in taking notes while you read, or to write in the margins of your casebooks to point out the important parts of case opinions. Have supplements handy nearby so that you can refer to them if you are having trouble understanding the readings on a certain topic. Your aim should be to try to complete each reading, even though it may be hard at first since you are not used to reading a lot of legal material. A final point, which may be the most important, is to review and reread the assigned material before class. Reading it once is not enough, because depending on when you read the material, you may not be able to remember what it is you read. So it is good to reread at least once before class.
Tip # 7 - Get enough sleep, and take care of your body
I personally do not think that it is a good idea to read into the early hours of the morning. If you do not get enough sleep, you will not function well. Everyone knows this, and yet it is done anyway. There could be legitimate reasons for doing so, but avoid it when it is possible to do so. Being sleepy in class will not help you, and it most certainly won't keep your mind engaged during the class discussions. It is imperative that you attend every class meeting if you can. But just being there physically will not help, you must be there mentally as well. Aim for at least eight hours of sleep every day. Also, try to get some exercise at least every 3 days. Get a membership at a gym, some schools offer discounts for memberships at local gyms. Take the stairs instead of the elevator, get your body moving. If you do not take care of yourself, you will feel sluggish. This will negatively impact your concentration. The body and mind must be used equally. Try meditation as well, which is great for relaxing and taking a break. Law school is hard, yes. But do not fall into bad eating habits or fail to get adequate exercise. Remember that by nature humans are meant to use their bodies. Keeping yourself healthy is important for anyone of any age.
Tip # 8 - Participate in school activities
Every school will have clubs to join. Join the ones that interest you the most. It is nice to be around people who are interested in the same things, and it may even lead to great experiences. Schools will also have different activities to participate in, such as events and alumni dinners. This is a great way to learn and to network within the legal community. You and your classmates will be future members of the legal community, and it is helpful to start acting as if you are a member already. Joining your local bar association is a plus as well. Being involved generally with others on campus is a great way to get to know your school and faculty. Professors are not just there to lecture and confuse you or give you a hard time. They are people too, and just like everyone else they enjoy getting to know others and to engage with the students. Try to make time for school events and you will not regret it.
Tip # 9 - Surviving the Socratic Method
If there is one thing that almost every law student hates, it is the Socratic Method. This is the name given to the teaching style used in law school. It involves the professor calling on students and asking them more than one question. Why is it hated by law students? Because more often than not, when someone does not raise their hand to volunteer, it is because they do not wish to volunteer or they do not know the material well enough to feel comfortable answering questions. The professors, however, will call on every one anyway, essentially catching some off guard in the process. There is no escape from this, unless you are not on the seating chart, which is impossible if you are an enrolled student. So instead of hating it, you should try to accept that you will be called on multiple times, and try to prepare yourself for it instead. You will notice the pattern that a particular professor will use. For example, calling on people by alphabetical order, or things of that nature. But some have no pattern, and instead call on people randomly. My advice is to just do the reading, period. If you do, you will be able to answer any question the professor asks you. They will not ask you anything that was not in the reading, unless they are asking for your opinion on a given topic. I also encourage you to actively participate anyway. The more you speak in class, the more you will get used to doing it and the less nervous you will become. The professor is not the only one who is looking at you when you are called on. The other students will be looking at you too. So try to make a good impression on everyone. You will not always be prepared, of course, and every student will sympathize with you if you have a bad cold-call experience. But keep those experiences to a minimum, because there is nothing worse than making a bad impression. Your professors will change every semester, but your fellow classmates will not. Make sure they see a capable and responsible colleague when they think of you. Which brings me to my next point.
Tip # 10 - Make friends, not enemies
The classmates you see around you will be your colleagues after graduation. You might work with some of them, and you might even get referrals from them too once they know which type of law you practice. It is important to make friends and to be friendly with everyone. Be genuine, and be yourself. Do not try to be someone you are not, bad impressions last. The grading curve makes classes competitive, but it does not have to be that way outside of class. Everyone is in the same boat, and it is nice to be able to take your mind off the hard work involved and to just spend some time with others. It will help to relieve the stress, and you can have fun while doing so. There are so many events to take part in, and there are also a large amount of clubs to be a member of. Law school students tend to be very diverse and to come from many places. It is always nice to get to know diverse people, and they may have a positive influence on your outlook on life. Don't be the person that is always in the library not talking to anyone. Sure, that may get you straight As, but I would much rather refer clients to a B student who I know is a great person to be around with and who I know will do a good job with the client than someone who is an A student who I don't know whether they will leave a client lost and in the dark, or even worse leave them with a bad experience. Being a lawyer is much more than just knowing the law, you will have to be a great communicator and people person as well. Law school doesn't have to be just a job that you will have to do for three years. Make the most of it, and try to enjoy your time there. It is a once in a lifetime experience, and it will stay with you for the rest of your life. Make it a great one.
I hope that this article will help incoming students, it is always nice to have someone give you some insight. I appreciated getting advice from current law students as a 0L, and I would have most likely had a worse experience initially if I hadn't gotten any. Nothing is worse than beginning such an important phase of your life and being in the dark about what it will be like and what to expect. You've made the big decision of attending law school, now go and succeed.
Tip # 6 - Ideal studying techniques
You made it to law school, and now the learning (marathon) begins. Depending on the school you attend, there will usually be a week of introduction that the school will host to the new students to help them familiarize themselves with the law school environment and to get them on track right from the beginning. This week will be right before the actual semester starts, and you will receive the materials that will be covered before this introductory period will begin. The lectures may include having introductory material in an actual class setting, and students are not graded on any part of the events during this week. Depending on the professor, you will experience what will be in store for you as a law student to a certain degree. For example, in one of my introductory classes that I attended, the professor quickly began cold calling on students to ask questions on the assigned material. Very quickly everyone in the room realized that this was not going to be a lecture, but an actual class. Now you will be one of two groups of people at this point, assuming you actually made an attempt to prepare for class. You will either be prepared because you managed to get all the reading done, or you will not be prepared. If you are in the former group, then you will be in good shape because you have successfully studied the materials and you pretty much know your pace in covering a large amount of reading. If you are in the latter group, however, you will need to change certain things because following the same studying strategy will not serve you well later on if it does not initially work. You may ask, then, what am I to do?
Well, there are certain things you can do to help improve your preparation. At this point it is very important that you know your strengths and weaknesses in your studying habits. However, what may have worked for you in college may not be enough to help you in law school. You need to expect large amounts of reading from each class, and if there is one thing that I can tell you for sure it is that everything will pile up like a rolling snowball if you procrastinate. Therefore, set aside enough time each day to study in a setting that will not have any distractions for you. You must be able to understand what you are reading, not just read it and forget about it. Be active in taking notes while you read, or to write in the margins of your casebooks to point out the important parts of case opinions. Have supplements handy nearby so that you can refer to them if you are having trouble understanding the readings on a certain topic. Your aim should be to try to complete each reading, even though it may be hard at first since you are not used to reading a lot of legal material. A final point, which may be the most important, is to review and reread the assigned material before class. Reading it once is not enough, because depending on when you read the material, you may not be able to remember what it is you read. So it is good to reread at least once before class.
Tip # 7 - Get enough sleep, and take care of your body
I personally do not think that it is a good idea to read into the early hours of the morning. If you do not get enough sleep, you will not function well. Everyone knows this, and yet it is done anyway. There could be legitimate reasons for doing so, but avoid it when it is possible to do so. Being sleepy in class will not help you, and it most certainly won't keep your mind engaged during the class discussions. It is imperative that you attend every class meeting if you can. But just being there physically will not help, you must be there mentally as well. Aim for at least eight hours of sleep every day. Also, try to get some exercise at least every 3 days. Get a membership at a gym, some schools offer discounts for memberships at local gyms. Take the stairs instead of the elevator, get your body moving. If you do not take care of yourself, you will feel sluggish. This will negatively impact your concentration. The body and mind must be used equally. Try meditation as well, which is great for relaxing and taking a break. Law school is hard, yes. But do not fall into bad eating habits or fail to get adequate exercise. Remember that by nature humans are meant to use their bodies. Keeping yourself healthy is important for anyone of any age.
Tip # 8 - Participate in school activities
Every school will have clubs to join. Join the ones that interest you the most. It is nice to be around people who are interested in the same things, and it may even lead to great experiences. Schools will also have different activities to participate in, such as events and alumni dinners. This is a great way to learn and to network within the legal community. You and your classmates will be future members of the legal community, and it is helpful to start acting as if you are a member already. Joining your local bar association is a plus as well. Being involved generally with others on campus is a great way to get to know your school and faculty. Professors are not just there to lecture and confuse you or give you a hard time. They are people too, and just like everyone else they enjoy getting to know others and to engage with the students. Try to make time for school events and you will not regret it.
Tip # 9 - Surviving the Socratic Method
If there is one thing that almost every law student hates, it is the Socratic Method. This is the name given to the teaching style used in law school. It involves the professor calling on students and asking them more than one question. Why is it hated by law students? Because more often than not, when someone does not raise their hand to volunteer, it is because they do not wish to volunteer or they do not know the material well enough to feel comfortable answering questions. The professors, however, will call on every one anyway, essentially catching some off guard in the process. There is no escape from this, unless you are not on the seating chart, which is impossible if you are an enrolled student. So instead of hating it, you should try to accept that you will be called on multiple times, and try to prepare yourself for it instead. You will notice the pattern that a particular professor will use. For example, calling on people by alphabetical order, or things of that nature. But some have no pattern, and instead call on people randomly. My advice is to just do the reading, period. If you do, you will be able to answer any question the professor asks you. They will not ask you anything that was not in the reading, unless they are asking for your opinion on a given topic. I also encourage you to actively participate anyway. The more you speak in class, the more you will get used to doing it and the less nervous you will become. The professor is not the only one who is looking at you when you are called on. The other students will be looking at you too. So try to make a good impression on everyone. You will not always be prepared, of course, and every student will sympathize with you if you have a bad cold-call experience. But keep those experiences to a minimum, because there is nothing worse than making a bad impression. Your professors will change every semester, but your fellow classmates will not. Make sure they see a capable and responsible colleague when they think of you. Which brings me to my next point.
Tip # 10 - Make friends, not enemies
The classmates you see around you will be your colleagues after graduation. You might work with some of them, and you might even get referrals from them too once they know which type of law you practice. It is important to make friends and to be friendly with everyone. Be genuine, and be yourself. Do not try to be someone you are not, bad impressions last. The grading curve makes classes competitive, but it does not have to be that way outside of class. Everyone is in the same boat, and it is nice to be able to take your mind off the hard work involved and to just spend some time with others. It will help to relieve the stress, and you can have fun while doing so. There are so many events to take part in, and there are also a large amount of clubs to be a member of. Law school students tend to be very diverse and to come from many places. It is always nice to get to know diverse people, and they may have a positive influence on your outlook on life. Don't be the person that is always in the library not talking to anyone. Sure, that may get you straight As, but I would much rather refer clients to a B student who I know is a great person to be around with and who I know will do a good job with the client than someone who is an A student who I don't know whether they will leave a client lost and in the dark, or even worse leave them with a bad experience. Being a lawyer is much more than just knowing the law, you will have to be a great communicator and people person as well. Law school doesn't have to be just a job that you will have to do for three years. Make the most of it, and try to enjoy your time there. It is a once in a lifetime experience, and it will stay with you for the rest of your life. Make it a great one.
I hope that this article will help incoming students, it is always nice to have someone give you some insight. I appreciated getting advice from current law students as a 0L, and I would have most likely had a worse experience initially if I hadn't gotten any. Nothing is worse than beginning such an important phase of your life and being in the dark about what it will be like and what to expect. You've made the big decision of attending law school, now go and succeed.
Subscribe to:
Posts (Atom)