Monday, November 14, 2011

Logical Progression

Me from August:

I'm going to be serious and study all the time!  Look- I can get all my homework done for next week over the weekend.  I will do this every week so that during the week I have time to start outlining.  I will also run and work out every other day.

Me from September:

This isn't so bad!  I'm going to be in a musical.  But just this semester.  I definitely won't do the Winter or Spring shows.  I can still get half of my homework done over the weekends and then I can finish the rest of it the day before the class.  I don't need to worry about outlines now because exams aren't til December and I was just being silly talking about that before.  I'm still going to run and work out every other day.

Me from October:

See?  I can survive doing a musical and doing law school at the same time.  Sure I may have to cut back a bit on the running and working out in order to get everything done, and sure my weekends are now taken up with tech crew so I can't really get work done in advance, but I'm still functional and getting a reasonable amount of sleep.

Me in November:

I seem to remember a time when I ran and worked out.  I would do that again, but first I have to finish my homework.  I'll just wake up a few hours early to get it done.  I don't need to do briefs anymore- I'll just... remember the cases.  I have to write a memo for 30% of my LRW grade?  Sure, I can learn absolutely everything there is to know about South Carolina law on this topic while still doing everything else.  Oh, Ben is directing the Winter show?  And it's Rosencrantz and Guildenstern are Dead?  Well now I have to at least go audition for that to show my support... I miss being in a show.  Exams start in two weeks?!  When was I supposed to outline for all this??  What IS an outline?  This should end well.

Me in December (Predicted):

AHHHHHHHHHHHHHHHHHHHHHH

Me in January (Predicted):

Well, I'm not going to let that happen again.  I'm going to do all my homework for the week on weekends.  And I'm going to start outlining now.....


Also, since a few of you wanted an example of a fun proximate cause case, I'll give you the general details of the one most famously used to explain the issue to law students of the past hundred years or so.  Here are the generalized facts:

At a railroad station, a man is running to catch a train as it is pulling out.  He is carrying a bundle wrapped in newspaper.  He runs up to the train as it is moving and tries to jump on.  Two employees of the railroad, one on the train and one on the platform, try to help the man onto the train.  During this process the employee on the platform negligently (and the negligence is not in question here- we know that it was negligent) knocks the bundle wrapped in newspaper onto the ground.  The bundle is in fact filled with fireworks.  They explode.  The concussive wave hits a large set of scales some thirty feet away and the scales fall on someone, injuring them severely.

If the man carrying the fireworks has enough money, he will certainly be sued.  However, if the injured party also sues the railroad, should they win on the basis that the employee negligently knocking the bundle on the ground created the proximate legal cause which ended in the injury?

Some things that may be helpful-

1.  Employers are often sued for actions of their employees.  This legal doctrine, respondeat superior, exists to create an incentive for the proper training and supervision of employees.  The main requirement is just that an employee was acting within the scope of his or her duties for the employer.

2.  Also assume that there were no markings on the bundle wrapped in newspaper to indicate in any way its contents.

5 comments:

  1. Oh God, Mike. You just illustrated my life, month-by-month.

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  2. Clearly the fault of the railroad employee who procured the scales. After 100 years of using this in law classes, no reasonable justification exists for purchasing top-heavy scales which fall over under the mild concussive force of fireworks exploding 30 feet away.

    Also, what city did this happen in? In the U.S., train employees tell you to eff off under those circumstances, and a TSA agent shoots you if you run at the train.

    I think it's a silly question, king puppet.

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  3. Luke, I agree with you completely and pointed out much the same thing in class. Unfortunately the victim chose to sue the railroad over employee negligence rather than scale maintenance negligence, so we can't use that for this case. Would they have had a better case going after the scales? Possibly.

    This was in New York in the 1800's. There's a reason employees of railroads don't help people who are running to get on a train anymore. This is that reason.

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  4. Sometimes I miss being in school and get jealous of all my friends who still are.

    And then there are times like today when I read about everyone else freaking out and I'm really quite happy with my four jobs and 11 hour work days.

    Perspective is lovely.

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  5. This comment has been removed by the author.

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