One More Reason to Go to Law School

–From David Barman, Florida International University College of Law, Date of event: Fall 2002

I was studying in the Law Library one night and the place was virtually deserted. A young attractive undergrad came over and said hi and asked what I was studying. “Contracts,” I replied.

“Oh! You’re a law student!?” She said all excited. I tried to be polite and just answered “yes.”

She tried several times to start a conversation and I tried as nicely as possible to get her to leave me to my study. She then asked “Do you have a girlfriend?” I said “No.”

She asked “Why not?”

Final answer: “Because my wife won’t let me have one!” With that she said “Bye,” and left.

A Mother’s Pride

–From George Carder, University of Arkansas at Little Rock School of Law, Date of event: March 2003

The week before last (two days before Spring Break) I was talking with my mother by cell phone as I was driving to class. I told her that I was on my way to Con Law. I said that I am working very hard on Con Law because it does not come easy to me.

She reassured me as only a mother can when she said, “Don’t worry, Honey. Today, you will know as much about the topic as anyone in your class.”

I responded, “Thank you, Mother. Today’s topic is ‘Obscenity and Pornography.'”

A Reason Not to Look Forward to Graduation

–From Julie Enloe, Marquette University Law School, Date of event: 1992

Like myself, my best friend during law school was a non-traditional student. However, she was much older than me and quite proud of the fact that she was a card-carrying member of the AARP.

During evidence class, we got into a discussion of “the ideal witness.” The professor posed some hypothetical examples, including a police officer who, at 55, was near retirement, as opposed to his much younger and rather inexperienced partner.

One young man in the second row was quite disgusted by the notion of an older witness. Such a person, he opined, could be easily cast as incompetent. “After all,” he said, “he’s going to die soon!”

No one laughed harder than my friend, who remarked that it was nice to know that she would graduate with one foot already in the grave.

(By the way, my friend is still very much alive and runs her own law practice!)

Questioned Authority

–From Jeremy Zeitlin, Columbia Law School, Date of event: 1984

Here’s a law school moment I’ll never forget: Columbia University, 1984 … It was a lecture conducted by some hot-shot VIP who refused to answer any questions following his hour-long rant on the politics of malpractice suits.

A woman in the back says, “Please sir, just answer my one, two-part question please?” So, thinking he was being very clever, the speaker says, “Okay, give me the second question first.”

A few chuckles followed, at which point the fast-thinking woman said, “If so, when?” Naturally, the place fell apart and she received an ovation.

Inquiring Law Student Minds Want to Know

–From Sylvia J. Feinman, Brooklyn Law School, Date of event: circa 1977.

We were in Domestic Relations class, focusing on annulment and the question of who can bring an action to annul a marriage. The problems became more and more esoteric. Who can bring an action to annul the marriage of a deceased person? Of an incompetent? Then one eager student went too far in his querying.

I closed my books decisively and said, “If I ever need to know who can bring an action to annul the marriage of a dead idiot, I’ll look it up.”

Honesty Is Not Necessarily the Best Policy

–From Carol Light, American University School of Law, Date of event: early 1970s

I went to night law school at American University in Washington, D.C. in the early 1970s. Our class was full of interesting people with demanding full-time jobs, so it’s not surprising that one of the, er, challenges, was literally staying awake in class. One night (and I’ve blessedly forgotten which class, which professor, and which student), one poor young man lost the battle, fell both asleep and off his chair onto the floor. The fall woke him, of course.

The professor, not missing a beat, said “Well, Mr. X, are we keeping you up?”

“Just barely,” the student replied, with alacrity and admirable accuracy.

Meritorious Suit

–From name withheld by request, Loyola University (Chicago) School of Law, Date of event: circa 1991

I went to night school at Loyola University of Chicago School of Law and graduated in 1991. In my last year of law school, I took the intensive week-long Trial Advocacy class. For one practice exercise, we had to be videotaped making an argument to have a piece of evidence admitted over an objection and we had to dress as if we were in court. Since we were all just law students without jobs, some people had to purchase suits specifically for the exercise.

A woman, whose name I can’t remember, got up to give her argument, and it was impossible not to notice that she still had the anti-theft, “inventory control” tag attached prominently to the side of her suit jacket. She was extremely embarrassed and obviously concerned that everyone watching was going to think that she had stolen her suit, so she spent several minutes at the beginning of her argument explaining that the tag had been left on by the store and she didn’t discover it until she got home after the store had closed, etc.

Then she went into her actual argument, which didn’t last nearly as long as the tag explanation.

Proof Judges Can Do Anything They Want

In Fisher v. Lowe, the plaintiff sued defendant for driving his automobile into plaintiff’s oak tree, damaging the tree. The Michigan trial court ruled in favor of the defendant and the Court of Appeals affirmed. Here is the court’s actual opinion:

We thought that we would never see

A suit to compensate a tree.

A suit whose claim in tort is prest

Upon a mangled tree’s behest;

A tree whose battered trunk was prest

Against a Chevy’s crumpled crest;

A tree that faces each new day

With bark and limb in disarray;

A tree that may forever bear

A lasting need for tender care.

Flora lovers though we three,

We must uphold the court’s decree.

Affirmed.

The court’s opinion prompted the usually staid headnote writers at West Publishing Co. to take their own poetic license. This one’s worth checking out in full.

— Fisher v. Lowe, 333 N.W.2d 67, 67 (Mich. Ct. App. 1983).

Warning: Learn to Read, Get Eye Transplants Before Boarding Plane

stupid airliner warningOne of my favorite types of silly warnings is the kind that can’t possibly be followed. This is a great example, “borrowed” from the seat-back pocket of Boeing B-727 airliner:

If you are sitting in an exit row and you can not read this card, … please tell a crew member.

Alrighty.

Imagine what airlines would write if they really thought we couldn’t read any of it:

“Meanwhile, while you’re sitting there unable to read this card hoping we’ll come by with the drink cart before you pass out, let us tell you how much we enjoy treating you like cattle, bossing you around, losing your luggage, starving you into submission, and, when we can, smashing your heads against the overhead compartment, accidental like. Customer service? Ha, haa. That’s a good one. Too bad you can’t read this, SUCKERS!”

Warning: Beware of Flying Limbs

thresher warningMuch products liability litigation is directed at whether a product warning was reasonably clear in explaining the actual risk of the product.  A subsidiary argument involves pictorial warnings.  Pictorial warnings have the benefit of being understood by persons who read in different languages or who are illiterate.  Their downside is that they often are unclear because it is difficult to capture most product warnings in a simple picture or symbol.

But I think everyone would agree that the graphic pictorial warning on this vehicle with a rotating-shaft device clearly indicates this is a risk a reasonable person would avoid.