1.31.2008
Rare as an Emerald...
1.29.2008
Torts...Not Just a Tasty Pastry

- The study of civil penalties for actions that inflict harm on individuals/groups. A tort is "[a] civil wrong other than a breach of contract. Tort usually refers to the causing of damage to property or to a person's reputation, or harm to a person's commercial interests." --The Internet.
- Torts are almost as much fun as the pastry for which they are named.
- Common Torts and their Definitions
- Assault
- The Lemon Flavored Intentional Tort.
- Not to be confused with the Criminal "Assault and Battery." Essentially, if you feel like you could have been legitimately and imminently hurt, you have been assaulted. After which, you may utilize your knowledge of the Rules of ENG Procedure and sue the bejeebies off of your assailant.
- Example: Bill Clinton comes at Barack Obama with a "Vote Hillary" pin. After raising his arm high in the air, poised to strike out at his political enemy, Bill gently pins Obama's lapel. In the moment that Barack saw Bill raise his arm, if he reasonably believed that he was going to be injured, he was assaulted.
- Note: Barack is a Harvard Law School graduate...and a sissy if he was afraid of a pin...in the hands of a Clinton.
- Battery
- Strawberry Tort
- The usual follow-up to an assault. It is essentially an unwarranted, offensive contact.
- High-fivin' the guy next to you at the game? Could be a Battery.
- Grabbin' your brother around the shoulders in order to "hug it out?" Battery.
- Head butting your teacher after receiving your grade in torts? Battery (but you could argue Self Defense/Defense of Others)
- Trespass to Land
- Vanilla Tort.
- If you intend to be where you are not supposed to be knowing that you're not supposed to be there, you are trespassing. Capiche?
- Used to jump across ol' man Waylan's fence in order to get to school early and soak up the extra reading time? Trespass.
- Were you one of those kids who skiid out of bounds at Alta, even when the signs told you not to in big red letters and pictures of skiers with lightning bolts around them? Trespasser.
- Liked to nibble on the neighbor's grass and bed down for the night near the mouth of the canyon? Trespassing deer.
- Trespass to Chattels
- Chattel Flavored Tort.
- Still couldn't really tell you what a "chattel" is beyond being personal property. It's a fun word, though, and makes law-trained people sound smarter than everyone else. Therefore, it is a good word. Chattel this, chattel that. "I'll have a bit of the chattel, thank you! Ha ha ha..." etc.
- Sizzled the neighbor kid's ant farm with a magnifying glass? Trespass to chattels.
- Hurt your brother's chattel? Trespass to chattels.
- False Imprisonment
- Chocolate Flavored Tort.
- Like chocolate, this tort often gives the tortfeasor (real word!) a chemical high similar to love, but not really love. It's simply holding someone against their will where they have no reasonable option of escape.
- Remember locking the car door on your "longtime" girlfriend after a smokin' first date at the planetarium and library? Even though you paid for the Arbys, went halv-sies on the star show tickets, and you really did deserve some action, this is still false imprisonment.
- Defamation
- Creme Brule Tort.
- I didn't study this. You won't study this in law school. Just don't say mean things about other people that aren't true and may sully their reputation. Defamation=Mud Slinging.
- This tort is only illegal outside of political campaigns, high school love triangles, and law school talent shows.
- Intentional Infliction of Emotional Distress
- Pineapple Tort.
- Never heard of a pineapple tort being made? I've never heard of IIED being successfully argued either. Next tort.
- Negligence
- Complicated Flavor Tort.
- Simply ask "Did the defendant owe the plaintiff a duty? If so, was that duty breached? If there was a breach of that duty, was there causation of the harm alleged? Finally, if the breach of the duty caused the injury, did a real injury occur?"
- Within each question are a hundred little questions that need to be answered as well. Because of its complicated nature, this is a tort best left to professionals or Siegfried & Jensen.
- Easy example: You left your rollerblades out near the fridge. While perusing the fridge for something to drink, your older sister is faced with a moral dilemma: how to decide between Sunny D and Purple Stuff? In the midst of her conundrum, your sister sagely opts for the Purple Stuff. Stepping backwards with her prize, she plants her weight on her left foot just as it goes down onto one of the rollerblades. Flipping up through the air, your sister spills Purple Stuff all over herself, ruining her tie-dye shirt and slap bracelet in the process.
- You are negligent, both for placing your rollerblades near the door and for even having Purple Stuff in the fridge as an option. That poor girl.
- Fraud
- Money Flavored Tort.
- Essentially, lying to someone to get them to give you money.
- Politicians, businessmen, salesmen, teachers, televangelists, scientists, and Girl Scouts are all guilty of this tort pretty much all the time. Thin Mints, no matter what they tell you, will NOT make you thin.
- If I convinced you to pay me money for the education rendered through this blog post, I would be defrauding you.
- I accept personal checks, VISA, MasterCard, and American Express.
- Nuisance
- Asbestos Flavored Tort.
- Any presence, individual, or condition that inhibits your ability to enjoy your property, your life, or your liberty.
- Examples:
- Oprah.
- Red Lights.
- The Great Salt Lake Stink.
- Taxes.
- Yellow Lights.
- Shaun Hannity.
- The New England Patriots.
- Orange Cheese Flavored Popcorn.
1.26.2008
Names
So You Want to Go to Law School...
FIRST UP? Civ Pro.
Civil Procedure
- When, where, and how to sue people in civil matters.
- Civil is a misnomer, as the process of litigation is rarely ever that. It should probably be called Embittered, Nasty, Greedy Procedure.
- But I digress.
- If you're good at understanding and following rules, you'll be good at this.
- Beware, however, as most lawyers do not know how to follow the rules in general, let alone the Rules of Embittered, Nasty, Greedy (ENG) Procedure.
- For a fun legal treat, buy the Federal Rules of ENG Procedure and read through them starting at 1 and see how far you get.
- Note: It's like counting the licks it takes to get to the center of a Tootsie Roll Pop.
- Want a preview of the joy that results from the study of this topic? Walk up to a first-year law student and whisper the words "Pennoyer and its progeny." Seriously, try it. You'll get a kick out of the response.
- Note: You will literally get a kick out of the response
- Fun Factor:
- 3 if you're normal
- 7 if you're sick
- 9 if you actually take the class. This is the result of becoming both sick and delusional due to the grade you received in this class.
- Complication Factor:
- 10 if you're normal
- 10.5 if you're a law student
- 9 if you're a Supreme Court Justice
- 1 if you're a law professor who often gets frustrated with the simpletons that form the moronic makeup of your class. Really, how hard can Collateral Claim Preclusion really be?!
- Idiot Factor:
- Wanna look dumb? Just try explaining to your law firm how you managed to get sanctioned under Rule 11 of the Federal Rules of ENG Procedure. Or how you lost the case pursuant to a 12(b)(6) motion for failure to state a claim. Worst of all, try telling your client that you're charging him $45,000 to defend a suit from his ex-wife when the statute of limitations had run three years earlier and you didn't catch it until now.
- Final Thoughts:
- Empty your mind of thoughts. Let the Rules guide you. The Rules surround us and bind us. An attorney's strength flows from the Rules. Luminous beings are we, not this crude matter... Concentrate...feel the Rules flow. Yes. Good. Calm, yes. Through the Rules, things you will see. Other places. The future...the past. Old friends long gone. Trust your instincts, but Use the Rules.
1.23.2008
Imitation is the sincerest form of flattery...
1.16.2008
Jumpin' Mo Rocca--Pundit, Activist, Journalist, Friend
2005.
You see, back in the day, I was a struggling undergraduate student at the University of Utah, reading and writing towards a degree in English Literature, working at Kaplan Test Prep, and dating some really cute girls.
When compared to my life now, I realize that, while not much of the nouns in my life have changed, the verbs have gone skee-wompus on me. I am essentially dating my graduate studies at BYU (how else would you describe a Saturday night study session?), struggling towards a juris doctor degree, reading and writing at the Attorney General's office, and working at meeting some really cute girls.
So, maybe it's just the nostalgic side of me crying out for a bit of reminiscence, or just the fact that I was browsing some of my old UofU files, when I came upon this little nugget:
A PowerPoint Presentation titled "JumpinMo!"
If you read the title of the post (congratulations, you can do at least 20% of what I do as a law student), you'd know that Mo Rocca was going to play some part in this. Well, here he is.
In the fall of 2005, Mo Rocca came to lecture at the University of Utah about politics, history, and the history of political pets. By all accounts, it was a smashing success...except for some technical difficulties. I didn't get to attend the lecture/performance, as I had a date with Annie Rosevear that night, but I did get a call at about 6:30 asking if I could bring my laptop.
It seems that Mo had a Powerpoint presentation that he would be using as the focus of his speech, so my dear friend Cody Roberts, who was heading up the Presenter's Office at the time, needed a laptop equipped with Microsoft Office.
Enter: me.
Cue: Mission Impossible Theme Song
Scene: Tires squealing, as the forest green Subaru Legacy peals out of my parents' driveway.
Well, to make an already long and dull story much shorter and more exciting, I got to meet Mo Rocca as the Presenter's Office team were desperately trying to make my laptop work with Kingsbury's technology. Imagine 6 high-strung college students trying to put the last finishes on a sold-out show with the best reporter the Daily Show had ever seen. Then throw Red Bull into the mix. It was hectic.
Anyway, somewhat removed from the commotion, I found myself looking on at the hustle and bustle with none other than Mo himself. Our conversation went something like this:
Mo: Is it always this disorganized around here?
Me: No. It's usually worse.
Mo: Really?!
Me: Yeah. You should have seen the hell raised when the Indigo Girls came through.
Mo: Whoa.
And that was all of the conversation that I can remember. Beyond the above exchange, I know my Grandma's recently broken hip somehow came up, we chatted about the heavy Mormon population in the surrounding area, and I'm certain I made some asinine comment about the Daily Show and how I thought he "was really funny." I swear I saw Mo's eyes glaze over, but he never looked away. That's a true professional.
From there, I went on a nice date with Ms. Rosevear, who unfortunately had no idea who he was, and slept peacefully, happy in the knowledge that I had made a new friend. I recovered my laptop the next day, only to find to my utter joy that Mo's entire presentation was still there.
Joy!!! The JumpinMo powerpoint presentation was at my very fingertips! And although I didn't get to see his speech, I could almost imagine him dedicating the Powerpoint to his friend, "laptop boy with the broken-hip Grandma" from Salt Lake City.
I'm very grateful that Mo left me a gift as a seal of our friendship. And out of respect to my best friend from Comedy Central, I have decided not to post all of the pictures from it...
only these two (and if someone comes along and asks me to take them down in a very professional, legal manner, I'd be more than happy to...but until that time):

I think Mo might be anti-Christmas. I don't quite get it, because I didn't hear the speech. But I can imagine that he's kind of got an Ivy League Grinchy-ness to him during the holidays.

BASIC CABLE SUPERSTARS: Mo Rocca and Flavor Flav!!!
Their clocks are Off the HOOK!
Thanks, Mo. You're a true intellectual's comedian. May you continue to enthrall college-aged kids for the rest of your years.
1.12.2008
We've had Arnold "The Governator" Schwarzenegger, Jesse "The Body Politic" Ventura, Ronald "I was in the Movies!" Reagan...
...and now people are seriously considering Fred "I'm More Interested in my Grandkids than Being President of the United States" Thompson as a viable presidential candidate due to his days as District Attorney of New York. On the NBC syndication goldmine "Law & Order." In a fictional New York.
I swear I could feel half of the American Right gasp just now. Yep, Fred Thompson's political background includes not much more than a few weeks as a senator and several years as a banter-bilking, alluringly stiff actor. He's something of a reluctant paradox. He seems to be successful in spite of his best intentions to just take his amassed wealth and retire to the dusty summers of an Upton Sinclair novel. Unfortunately, someone out there thinks he can make a fine commander-in-chief.
I can just see the inaugural address:
"Gall, dammit people! Politics ain't quite my cup of gin, but if y'all 'ill have me, I'm a gonna fix-er-up and get-er-done! Hoo-ah!" (and mistaking the crowd's silence as a signal of the people's quiet approval, President Thompson boldly makes his first official act, declaring "nap time" on the stairs of the Capitol. The democrats are incensed, claiming that "only Congress has the power to declare nap time." Fox News defends the President's decision as constitutional, arguing that the "Napitol Campaign" is a "temporary sleep action, and not an official, full blown nap."). Although, you have to admit that having that "Dum Dum!" Law & Order sound effect follow every presidential speech would be pretty cool.
All kidding aside, I've noticed a disturbing trend in politics of late: We're electing a lot of individuals whose relevant political experience boils down to camera time, and very occasionally includes camera time playing a politician. (Really, you'd have to have been spending the last 10 years under a rock or in the shadow of Mt. Timpanogos to not notice this).
My favorite example of this trend is the classic 80s movie Predator. This was a great action thrill-ride flick and perhaps Arnold Schwarzenneger's finest film. It's essentially a modern interpretation of Beowulf with some heavy science fiction elements mixed into the mess. Instead of the Geat monster Grendel, our Austrian Beowulf is pitted against a dread-locked, lizard-looking bipedal alien with a penchant for skinning humans and collecting skulls. All in all, it's bloody good fun.
However, who would have known that this movie would be an indicator of the state of American politics in the 21st century? Two future Governors were featured in this movie!!! (Arnold in California and Jesse "The Body" Ventura in Minnesota). And lest you dismiss that out of hand, there are only 50 potential openings for governors at any given time. That's 50 less seats than the U.S. Senate. And who knows? Carl Weathers could be making a run at the gubernatorial seat wherever he happens to be plying his fantastic acting skills, upping the Predator politician count to three.
While some of you may be shocked at this, a good friend of mine recently pointed out that some memorable quotes came out of Predator that should have led any reasonable person to believe that Arnold and the Body would someday make it big in the political scene:
Arnold: (to the predator) "I'm here! Come get me!!!" and (to the cute latin girl who somehow speaks great English) "Get to the Chopper!!!"
The Body: (to no one in particular) "Bunch of slack-jawed fa#*$&@s around here. This stuff will make you a (bleep)damned sexual Tyrannosaurus, just like me" and (to a soldier who's just pointed out the Body's bleeding) "I don't have time to bleed."
Seriously, how could these guys not have made it big? What better political science background than Hollywood?
So with that in mind, here are my next "sure thing" political candidates gracing the silver screen today and the oval office tomorrow, with their potential office(s) and the reasons for their political successes.
George Clooney
Surgeon General. Did you ever see this guy on ER? He was amazing!
Secretary of Defense. He's played a soldier in the Gulf War (Three Kings), a CIA agent in both the Middle East (Syrianna) and 70s suburban America (Confessions of a Dangerous Mind).
Matt Damon
CIA Director. After the Bourne trilogy and playing a mob-insider in The Departed, how could he be anything else?
Secretary of Education. Oh yeah. After playing a high school dropout(?) mathematical savant in Good Will Hunting, this is probably the best candidate we could ask for after the No Child Left Behind debacle has destroyed public education in America.
Brad Pitt
Secretary of Health and Human Services. Noticed a trend yet? The big three from Ocean's Eleven-Thirteen. Pitt would be magnificent in this role, having the inside scoop on life after having played Death in Meet Joe Black. He makes an especially attractive candidate when compared to current HHS Secretary Mike Leavitt. No offense to the former Utah governor, but NO ONE can match Pitt for pure looks or spousal appeal.
Angelina Jolie
US Ambassador to the United Nations. Think John R. Bolton, but now give him enormous lips, stunning eyes, an eerie tendency to dry his lover's blood in a vial around his neck, a best supporting actress Oscar, and an incredible track record regarding humanitarian service. Seriously, the Tomb Raider couldn't help but be more effective, if for nothing else than her huge....um...track. Record.
Christian Bale
Secretary of Kick-Ass. You know they're going to make this a cabinet position, especially if Obama wins. If not...
Secretary of Batman. His credentials speak for themselves--no one has played the Dark Knight better. If that position fails to make it (and I'll blame it on Fox News)...
Vice President. He can take the spotlight off the President better than any Veep in past memory. He's proven he can sing and dance as Cowboy in Newsies. He'll take on the crappiest roles ever invented in order to get the job done, as demonstrated by his impeccable Mio in The Land of Faraway. And he'll even lose 180 pounds and not sleep, if that's what the job requires. (The Machinist). Only, I hope he doesn't carry his American Psycho persona into the oval office. I'd hate to see blood stains on the carpet.
Jessica Alba
Senate Whip. This is the Dark Angel we're talking about here. If anyone could reach across the aisle and...well, do whatever she wants with a full majority of the Senate, it's this woman.
Jennifer Garner
FBI or CIA Director. This is Alias! Sydney would be so crazy good, she'd make J. Edgar Hoover look like Mr. Rogers. The only requirement on her will be to dump Ben Affleck and return to the hot pink hair she sported on the rare times I tuned into her show.
Martin Sheen
El Presidente. This is the title Fox News would bestow on President Sheen, and change its name to "Noticias del Fox" in preparation for the imminent takeover of Mexico. Their new slogan? "!Igual y balanciado!"
En serio.
1.06.2008
New Muppet-Candidate

MIKE HUCKABEE & FOZZIE BEAR
These two have more in common than you might think!
1. Both look out of place in the public sector. Fozzie because he's naked beyond the bowler hat and the scarf(?) and Huckabee because, well, let's face it--he's a walking political disaster.
2. Both put up a facade in public, acting far too nice to be what they really are--one a southern evangelical politician and the other a grizzly bear. Get in their way, and either one is just as likely to eat you as to provide sound policy or a cuddly friend.
3. Both resort to jokes when any real pressure is applied. WAKA-WAKA-WAKA!!!
Oh, also, on the right, you can check out some of the books that I read or tried to finish in 2007. Don't ask me how I found time to read them. Even I was surprised at the sheer volume of volumes. I've found that I spend too much time in non-fiction, history, and theory books at the law school, so to counter that, I stick mostly to fiction at home--poetry, plays, sci-fi, and fantasy. I'd recommend most of them heartily. If any intrigue you, don't hesitate to ask about them. Auf Wiedersehen!
1.04.2008
New Year, New Stuff
