So...here I sit in the John C. Paulus Great Hall in a make-up Torts class. I thought you might enjoy a little glimpse of my world. I stealthfully took a little video of Professor Richardson lecturing. You probably won't be able to hear what he is saying, but I vaguely remember him discussing "getting a beer from a vendor at a ballgame". Can't quite remember how he was applying that to assumption of risk. I am sure it was relevant though. Professor Richardson definitly has some entertaining stories. He is the professor who has so given me my favorite line so far...when discussing a fight he got into with the school bully when he was freshman in high school in the late 50's he explained how in the heat of battle he lost control and pummeled the bully...think of "A Christmas Story". His closing comment in refering to the bully, who was the instigator of the fight, was "that's what he [the bully] gets for stepping on superman's cape!" Enjoy!
Thursday, October 30, 2008
Wednesday, October 29, 2008
The countdown...
Hi...everyone! I am making time to write a post today. Thought it would give me a little bit of a study break. First, I thought I'd include some pictures of some of the beauty I get to walk through as I cruise across the campus to class. The colors of fall are amazing. Pictures don't even do it justice!!! I love the crunch, crunch, crunch sound under my feet as I walk. God definitly has an eye for incredible beauty.
So...back to school :-) Right now all 1Ls are experiencing a law school endurance test and counting the days until Nov. 4. Some counting in anticipation. Some counting in fear and no not because it is election day. November 4 1L students have their final memo due. For my class it is an open research memo on a tort issue. So, a lot of time is being spent in the library searching through dusty volumes of reporters, digests, plus any other publications that will provide guidance. The fact pattern for my assignment requires me to research whether a restaurant owner owes a duty of care to a customer in an unforeseeable attack by a third party. Also do the owner and employee owe a duty of care to the customer when an attack is already in progress? Burning questions we all want to know, huh?!??
I have really struggled on this project. It is all so new and pressurized. I will say as hard as it is, I haven't been contemplating escape plans on a daily basis. This is good, huh?!?!? As soon as I get this memo done and turned in, it time to crank up the dial on studying for finals. Next week I will spend the week studying for my last final torts. The following week will be for my third final contracts and so on and so on until finals start which is on Dec. 2. They end on Dec. 12 and I am so looking forward to four weeks of veggin' and hanging out with friends.
Yesterday, we had a madatory meeting with Career Services. Things are already getting moving on getting summer laid out...do I work...do I study abroad...do I do something absolutely not related to law? I'll be honest, thinking about summer is so far from my mind right now. Too much other stuff to think about and process.
So lot of school on the horizon over the next 6 1/2 weeks. If you don't hear much from me it is not because I don't love you, it's because I am consumed!!! Thank you so much for keeping me in your prayers I sooooooooooo need them, I can't even tell you!!!! Also...thanks for praying for my niece Ruby...she is doing much better. The antibotics are having a good result on the staph in her foot. It was really scary having her in and out of the hospital, but God is a healing God and we are so thankful for that!!!! Thanks again!
Saturday, October 18, 2008
Rocky at the Top...
So...today mark the official halfway point...the top of the mountain pass where it is all supposed to be downhill from here. I'm not sure I would describe the halfway point as the top of the mountain...mountain tops symbolize beauty, peace and tranquility to me (where I should be twirling and singing "the hills are alive with the sound of music...falalalalala")...none of which aptly address my state of mind right now at the "halfway point" of my first semester of law school. I think a better analogy (one I will steal from Bob Marvel and twist for my own intents and purposes!) would be that of being in the bowels of the bat caves with no functioning flashlight or even an indiglow (sp?) watch to guide myself out of the inky, pitch blackness I feel engulfing me right now...and engulfed I feel right now. I will say law school is an emotional roller coaster and today I got hit by a mack truck!!! I feel like I know nothing or at least I can't apply anything I've learned and that is so not a good thing! Please keep me in your prayers. I don't understand why I am here and I don't know if this is where I should remain, but until further notice this is where I am. As stupid and miserable as I feel and as much as I don't want to crack another book or sit in the library one minute more, I need to try to move forward until God tells me otherwise. This is so underscored by an email I got from my law mentor...of which I do not believe it was an accident I have been matched with...here's what she sent me...This is from my application section of my Bible study this week. I think we both need to hear and heed it. "Have you encountered a difficult person or circumstance and begun to think that you must be out of God's will? Learn from Moses the important truth that difficulties encountered doing God's work are usually evidence that you are right where God wants you! If you determine to obey God and follow Him, He will orchestrate circumstances to test the sincerity of your commitment. ..... He will also bring you into a spacious place where He will give you the very things He has caused you to desire. Will you keep on, even when things seem to not go well? How will you trust God to bring you through the difficulties?"
So...things that make you go hmmmmm. So, I hope this post hasn't been too much of a downer for you. Oh...I did get some fun in today. My classmate Amy is celebrating her birthday on Sunday. Because of that I got to enjoy an amazing tapas dinner with Amy, her husband Brian and some of their friends in Corvallis. It was so fun to be in a super fun restaurant, having fun with friends and forgetting the realities of law school even if but for a couple of hours. For you visual folk...enjoy the picture of myself, Amy and Brian. (Sorry I still haven't figured out how to do captions!!! The girl can get into law school, but can't figure out captions!!!)
Saturday, October 11, 2008
Memos...Rewrites...and more Memos!
So...it's a beautiful fall Saturday here in Salem, Oregon, or at least it looks that way from the third floor of Willamette College of Law's law library. Today, I am attempting to make my closed universe legal memo all things glorious. You know...the C+ memo I refered to earlier? Apparently, some hard work and I can turn it from a C+ into an A. Now for the hard work! Let me just tell you, legal writing has been a humbling experience for me. My history with writing has been pleasurable and easy until now. Legal writing challenges every rule and writing skill I have. It attempts to undo all that I know. What works in AP style doesn't always jive in legal writing. My persuasive PR background doesn't not apply to this project. Objective and straight to the point is the goal...is the challenge! Below is a snippet of the project. Enjoy. Don't fall asleep :-) For my lawyer friends of which I know there are few, don't laugh. I'll get better I promise!
To: Senior Attorney
From: Lori Reese
Date: October 16, 2008
RE: Client Tom Jones
Questions Presented
1. In California, does a drive-through Automatic Teller Machine (ATM), housed in a metal structure not internally attached to the bank building and covered by an overhead structure, which is attached to the bank building, constitute a “building” for the purposes of satisfying the “building” element in burglary?
2. If so, is “entry” made when a person uses an ATM card he is not authorized to use by inserting it into the ATM and using the card’s Personal Identification Number (PIN) to withdraw $500?
Short Answers
1. Probably yes. A drive-through ATM will in all probability be defined as a “building” under the statute. Because the statute has a legislative intent for a broader interpretation of “building” then the common law interpretation, the ATM’s characteristics of having four walls and a roof should meet the test of what defines a “building.”
2. Probably yes. The element of “entry” as defined under the statute will probably be met. Case law establishes “entry”, whether it is physical or with the use of a tool. The use of an ATM card, which can be classified as a tool, to access the property stored inside should meet the test of what defines “entry.”
Statement of Facts
Our client, Tom Jones, has been charged with Second Degree Burglary as well as some additional charges. The charge of Second Degree Burglary results from Mr. Jones’ unauthorized use of an ATM card at a drive-through ATM where he withdrew $500.
Mr. Jones, while walking in a park, took possession of an unattended purse. Concealing the purse, he carried it to a park restroom where he removed its contents, including a wallet. In the wallet he found an ATM card as well as the corresponding PIN number for the ATM card.
Leaving with the ATM card, he drove immediately to the bank from which the card was issued. Banking operations had ended for the day. He drove his car up to the 24-hour drive-through ATM machine, located on the third bay of the bank’s drive-through lanes, the bay furthest from the bank building. Stopping his car beside the drive-through ATM, he inserted the ATM card. Following the promptings of the ATM, including the manual entry of the PIN number on the adjacent keypad, he withdrew $500 from the machine. Once the transaction was completed, the machine returned the card to him.
The ATM is housed in a metal structure under an overhead structure that extends from the bank building, to which it is attached. The overhead structure spans the three bays of the drive-through and is supported by pillars. Where the structure connects to the bank building, there is a wall. The other three sides are not enclosed. The ATM, which is constructed of metal and measures about five feet high, four feet across and about two feet wide is not attached to the structure and is not connected internally to the bank building.
Applicable Statute
The applicable portion of the California statue reads as follows:
Every person who enters any . . . store . . . outhouse or other building . . . with the intent commit grand or petit larceny or any felony is guilty of burglary.
Cal. Penal Code Ann. § 459 (West 2008).
Discussion
1. Building
Although the statute does not specifically define an ATM or the structure under which it sits as “buildings,” the California Supreme Court has held a “building” consist of four walls and a roof. State v. Gibbons, 273 Cal. 32 (Cal. 1928).
The California Supreme Court held that although California’s definition of burglary is much broader than its counterpart meaning under common law, the more inclusive definition still requires “buildings” to consist of four sides and a roof. Id. at 32. State v. Brooks holds a loading dock, with two of its four walls constructed out of chain link fencing, constituted a “building” because the loading dock met the statutory definition and by being located at the rear of the store and sharing a common wall, it is an integral part of the store “building.” 183 Cal. Rptr. 773 (App. 2nd Dist. 1982). State v. Stickman, 34 Cal. 242, 245 (holding the language [of the statute] broad enough to include buildings of any kind and used for any purpose). Brooks found the definition of “building” to be broader than just a structure with four walls and a roof. Id. at 776. State v. Buyle, 70 P.2d 955; State v. Alexander, 53 Cal. Rptr. 65; State v. Miller, 213 P.2d 534 (holding a building has been defined as “a structure which has capacity to contain, and is designed for the habitation of, man or animals, or the sheltering of property). The court in Brooks when discussing the construct of the bin’s walls concluded the test should be to determine if “the walls act as a significant barrier to entrance.” Id. (Do I need to re cite here or is Id. sufficient?) Also, the Brooks court determined it not necessary to define the loading dock as a building when the store it was attached to meets that definition. Id. at 777. In re Christopher J., 162 Cal. Rptr. 147 (holding with respect to a carport appurtenant to the dwelling house, the requirement of a structure with four walls is satisfied by the dwelling house itself and it is unnecessary to find . . . the carport alone satisfies the definition of a separate building). (Does this need quotation marks?)The holding in State v. Franco, states when a structure which is completely enclosed, like the showcase in that instance, is sheltered by the roof of a building, it is in effect part of the store proper and thus a building. 250 P. 698 (Cal. Dist. App. 1st Dist.1926).
And on and on it goes! I won't bore you with the rest!
To: Senior Attorney
From: Lori Reese
Date: October 16, 2008
RE: Client Tom Jones
Questions Presented
1. In California, does a drive-through Automatic Teller Machine (ATM), housed in a metal structure not internally attached to the bank building and covered by an overhead structure, which is attached to the bank building, constitute a “building” for the purposes of satisfying the “building” element in burglary?
2. If so, is “entry” made when a person uses an ATM card he is not authorized to use by inserting it into the ATM and using the card’s Personal Identification Number (PIN) to withdraw $500?
Short Answers
1. Probably yes. A drive-through ATM will in all probability be defined as a “building” under the statute. Because the statute has a legislative intent for a broader interpretation of “building” then the common law interpretation, the ATM’s characteristics of having four walls and a roof should meet the test of what defines a “building.”
2. Probably yes. The element of “entry” as defined under the statute will probably be met. Case law establishes “entry”, whether it is physical or with the use of a tool. The use of an ATM card, which can be classified as a tool, to access the property stored inside should meet the test of what defines “entry.”
Statement of Facts
Our client, Tom Jones, has been charged with Second Degree Burglary as well as some additional charges. The charge of Second Degree Burglary results from Mr. Jones’ unauthorized use of an ATM card at a drive-through ATM where he withdrew $500.
Mr. Jones, while walking in a park, took possession of an unattended purse. Concealing the purse, he carried it to a park restroom where he removed its contents, including a wallet. In the wallet he found an ATM card as well as the corresponding PIN number for the ATM card.
Leaving with the ATM card, he drove immediately to the bank from which the card was issued. Banking operations had ended for the day. He drove his car up to the 24-hour drive-through ATM machine, located on the third bay of the bank’s drive-through lanes, the bay furthest from the bank building. Stopping his car beside the drive-through ATM, he inserted the ATM card. Following the promptings of the ATM, including the manual entry of the PIN number on the adjacent keypad, he withdrew $500 from the machine. Once the transaction was completed, the machine returned the card to him.
The ATM is housed in a metal structure under an overhead structure that extends from the bank building, to which it is attached. The overhead structure spans the three bays of the drive-through and is supported by pillars. Where the structure connects to the bank building, there is a wall. The other three sides are not enclosed. The ATM, which is constructed of metal and measures about five feet high, four feet across and about two feet wide is not attached to the structure and is not connected internally to the bank building.
Applicable Statute
The applicable portion of the California statue reads as follows:
Every person who enters any . . . store . . . outhouse or other building . . . with the intent commit grand or petit larceny or any felony is guilty of burglary.
Cal. Penal Code Ann. § 459 (West 2008).
Discussion
1. Building
Although the statute does not specifically define an ATM or the structure under which it sits as “buildings,” the California Supreme Court has held a “building” consist of four walls and a roof. State v. Gibbons, 273 Cal. 32 (Cal. 1928).
The California Supreme Court held that although California’s definition of burglary is much broader than its counterpart meaning under common law, the more inclusive definition still requires “buildings” to consist of four sides and a roof. Id. at 32. State v. Brooks holds a loading dock, with two of its four walls constructed out of chain link fencing, constituted a “building” because the loading dock met the statutory definition and by being located at the rear of the store and sharing a common wall, it is an integral part of the store “building.” 183 Cal. Rptr. 773 (App. 2nd Dist. 1982). State v. Stickman, 34 Cal. 242, 245 (holding the language [of the statute] broad enough to include buildings of any kind and used for any purpose). Brooks found the definition of “building” to be broader than just a structure with four walls and a roof. Id. at 776. State v. Buyle, 70 P.2d 955; State v. Alexander, 53 Cal. Rptr. 65; State v. Miller, 213 P.2d 534 (holding a building has been defined as “a structure which has capacity to contain, and is designed for the habitation of, man or animals, or the sheltering of property). The court in Brooks when discussing the construct of the bin’s walls concluded the test should be to determine if “the walls act as a significant barrier to entrance.” Id. (Do I need to re cite here or is Id. sufficient?) Also, the Brooks court determined it not necessary to define the loading dock as a building when the store it was attached to meets that definition. Id. at 777. In re Christopher J., 162 Cal. Rptr. 147 (holding with respect to a carport appurtenant to the dwelling house, the requirement of a structure with four walls is satisfied by the dwelling house itself and it is unnecessary to find . . . the carport alone satisfies the definition of a separate building). (Does this need quotation marks?)The holding in State v. Franco, states when a structure which is completely enclosed, like the showcase in that instance, is sheltered by the roof of a building, it is in effect part of the store proper and thus a building. 250 P. 698 (Cal. Dist. App. 1st Dist.1926).
And on and on it goes! I won't bore you with the rest!
Thursday, October 9, 2008
Posting on a Thursday...
Hi, everyone...Just a quick post, maybe more to prove to myself that I can post more then once every two weeks. The weather here in Salem took a sharp turn into Fall today. Fall...my favorite season...well, there's something about every season that I love. The trees here on campus and next door at the capitol building are gorgeous. They paint the campus in bold reds, yellows and oranges. I just love the feeling of walking across campus in the crisp air with leaves crunching under my feet and as I draw near to my truck in the parking lot the sound of acorns plummeting to the ground joins the the Fall symphony. I try to ignore the potential damage the falling nuts may be making to my truck on the days the only spaces left to park are directly under the tree.
Although the weather outside is turning windy and cold, my life as a first year law student continues to heat up and pressurize. Last week we got our first legal memo back. I got a C+. Yes, I know...shocking! I don't remember the last time I got a C+ in my academic career and I honestly don't like it. Apparently though, not many students got a grade higher than that. Thankfully, this is a learning process and I am seeing my memo as such and not as I would normally view it...as a failure. According to the prof...she's had students who got Ds on their first memos who still got honors in the class. All things are possible. I will tell you, struggling to stay on top of my grades is an exhausting, humbling experience. So, with that said, thirty pages of Criminal Law stand between me and my head hitting the pillow for the night. Thank you everyone for your continued prayers and support. I can't tell you how much I need them and how impossible this endeavor is without them!
Although the weather outside is turning windy and cold, my life as a first year law student continues to heat up and pressurize. Last week we got our first legal memo back. I got a C+. Yes, I know...shocking! I don't remember the last time I got a C+ in my academic career and I honestly don't like it. Apparently though, not many students got a grade higher than that. Thankfully, this is a learning process and I am seeing my memo as such and not as I would normally view it...as a failure. According to the prof...she's had students who got Ds on their first memos who still got honors in the class. All things are possible. I will tell you, struggling to stay on top of my grades is an exhausting, humbling experience. So, with that said, thirty pages of Criminal Law stand between me and my head hitting the pillow for the night. Thank you everyone for your continued prayers and support. I can't tell you how much I need them and how impossible this endeavor is without them!
Monday, October 6, 2008
Lori's New Office
Here's a picture, for you visual people, of my home (carrel) away from home (Salem apartment) away from home (Lynden house). Although fancy indeed, it doesn't quite compare to my beautiful office at NCCTK. Yes, I will concede there is a window, but seeing as I am in the basement it is the window to no where. Also, note...no door! Lately, I haven't been spending as much time down here because the neighbor boys can get a little chatty. We are working on their "library" voices. They are all very nice boys though. So...today, my carrel looks a little bare since half my books are in my locker and the other half are still in my truck from my trip home. I have a guy who shares my carrel with me, but I'm not quite sure he even knows where this carrel is at since he is not a carrel studier which makes me a lucky girl to have a carrel all to myself.
Here is a picture of who I often get to see on the other side of my carrel...Andrew, big man on campus (because he is a second year student). Have to admit...there's a little jealousy there, lucky dog! It's been great having Andrew on the other side. He has been a huge encouragement and can get me laughing when it seems there is nothing in the world to laugh at! He's also proof that successful completion of 1L is possible!Ok...so have to go get my research project done now! Am so far behind. Wish me luck!
Now entering week 7...
So...everyday starts with good intentions to post a little blurb about continued life here at law school and as you can see I've not been too good at that! Today is the start of week 7. Just when I feel I am getting on top of things the heat cranks up about 10 notches! This week is the kick off of what I affectionately refer to as Legal Research and Writing hell! I have a reasearch project due Thursday, a memo rewrite due Tuesday, and all that an open memo entails. Being a writer you'd think this class would bring joy into my world, but not so. It is just lots and lots of work. Guess it would be ok if someone told me how to do the projects, but apparently there is a method to the madness of setting us loose to figure it out on our own.
So...along with the guts of law school, there are also outside elements that impact a law student's sanity and frame of mind. This past weekend I had the opportunity to go home unexpectedly. Thanks to my Granny unsuccessfully practicing her break dancing moves in her garage, resulting in a fracture, I had the opportunity to go home and visit her. She is doing amazingly well as she adjusts to her surroundings at the Christian Health Care Center. Thank you to everyone for your prayers.
Besides spending time with Granny and LOTS of studying, I had an opportunity to attend the Saturday evening service at North County Christ the King. With some nerves, I snuck through the office and attempted to stealthfully find my way to a seat. Why the nerves you ask? I believe they were two-fold with the first being that I feared sitting in the service desperately wishing I had never gone to law school and still had my job with the church. I'll be honest, those feelings are there and something I will have to struggle with. Secondly, I didn't know how I would be received...as an outsider?...as someone just filling a seat?...as a family member come home? Luckily, my fears were unfounded. Within seconds of finding a seat that question was answered when my boss flew over and gave me a huge hug. It meant the world to me...I can't even put it into words. I can truly testify to the element of family at NCCTK. I have never felt so welcomed home as I did this weekend. Sometimes you need to leave to appreciate what you had. Boy do I appreciate it and often do I miss it!
PS...I can't figure out how to lable my pictures in this program :-( So the picture above is one of me and my Granny sitting in her room. Although there is pain and walking is tough, she is doing amazingly well!
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