Heidi's Journal
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01/10/2012 15:23 #55882
PomegranateCategory: food
01/07/2012 23:29 #55871
Let's do it again!Category: school
So, as you all know, I passed the NYS bar exam. Woo! I'll be admitted to practice Feb. 23, if the character & fitness interview goes well. However, I am dedicated to my little town in Pennsylvania and need to be licensed there as well. This means taking the Pennsylvania bar exam on February 28 & 29 in Philadelphia. I grubbed up enough cash to pay for the bar review class (Themis Bar 
if anyone's interested) yesterday and now I've started studying. Goal for this time around: no one dies. If you're planning to die and I'm needed to take care of your family members during funeral preparations, could you please hold off till March 1? Thanks. I'd really appreciate it.
Yesterday I reviewed the PA bar exam structure: Two days, first day is six essays on PA law mixed with common law (common law is the judicial tradition of law which can differ from "black-letter law" such as statutes and regulations - they also like to call it "fundamental principles of law" even though those principles might not actually be true for your state) and a performance test. NYS uses the multistate performance test (MPT) devised by the National Council of Bar Examiners (NCBE), but PA makes up its own. The second day is the multistate bar exam (MBE) also crafted by the NCBE. I did fine (scaled score of 150, average is 140-143) when I took it in NYS, but PA requires that I take it *in* the commonwealth of Pennsylvania. Seriously? Yep. Do it over.
I will be admitted to NYS on February 23, five days before the PA bar. In Pennsylvania, being sworn in means going to a prothonotary's office in Pittsburgh within a couple months of getting positive bar exam results. In NYS, you MUST attend a ceremony in Rochester. MUST. I kinda wonder if taking the NYS bar first wasn't a mistake. I'd already be licensed in PA by now and I would have been able to take the exam in Harrisburg (way more convenient than Philadelphia or Pittsburgh, but not offered there in Februarys). I'm annoyed that a day that should be celebratory will instead be an annoying and time-wasteful day trip to Rochester. (e:kookcity), wanna have lunch?
Today's focus is criminal law. The vocabulary words are mens rea and actus reas. You have to have the proper mental state - mens rea - to commit the crime: specific intent, general intent, malice, and strict liability. The specific intent crimes are first degree murder, inchoate crimes (look that one up), attempt, and theft. You have to intend for these events to happen to be charged with those crimes. General intent means that you knowingly, recklessly or negligently made these events happen. Malice is for arson and not-first-degree murder. Strict liability means that it doesn't matter if you intended it or not, the event happened. Statutory rape is an example of a strict liability crime.
Actus reus is the act of committing a crime or the omission of acting when you have a duty. Thoughts aren't crimes, but speech can be (like creating a conspiracy to commit a crime).
if anyone's interested) yesterday and now I've started studying. Goal for this time around: no one dies. If you're planning to die and I'm needed to take care of your family members during funeral preparations, could you please hold off till March 1? Thanks. I'd really appreciate it.Yesterday I reviewed the PA bar exam structure: Two days, first day is six essays on PA law mixed with common law (common law is the judicial tradition of law which can differ from "black-letter law" such as statutes and regulations - they also like to call it "fundamental principles of law" even though those principles might not actually be true for your state) and a performance test. NYS uses the multistate performance test (MPT) devised by the National Council of Bar Examiners (NCBE), but PA makes up its own. The second day is the multistate bar exam (MBE) also crafted by the NCBE. I did fine (scaled score of 150, average is 140-143) when I took it in NYS, but PA requires that I take it *in* the commonwealth of Pennsylvania. Seriously? Yep. Do it over.
I will be admitted to NYS on February 23, five days before the PA bar. In Pennsylvania, being sworn in means going to a prothonotary's office in Pittsburgh within a couple months of getting positive bar exam results. In NYS, you MUST attend a ceremony in Rochester. MUST. I kinda wonder if taking the NYS bar first wasn't a mistake. I'd already be licensed in PA by now and I would have been able to take the exam in Harrisburg (way more convenient than Philadelphia or Pittsburgh, but not offered there in Februarys). I'm annoyed that a day that should be celebratory will instead be an annoying and time-wasteful day trip to Rochester. (e:kookcity), wanna have lunch?
Today's focus is criminal law. The vocabulary words are mens rea and actus reas. You have to have the proper mental state - mens rea - to commit the crime: specific intent, general intent, malice, and strict liability. The specific intent crimes are first degree murder, inchoate crimes (look that one up), attempt, and theft. You have to intend for these events to happen to be charged with those crimes. General intent means that you knowingly, recklessly or negligently made these events happen. Malice is for arson and not-first-degree murder. Strict liability means that it doesn't matter if you intended it or not, the event happened. Statutory rape is an example of a strict liability crime.
Actus reus is the act of committing a crime or the omission of acting when you have a duty. Thoughts aren't crimes, but speech can be (like creating a conspiracy to commit a crime).
metalpeter - 01/09/12 17:26
That is a bad example I guess but think of it this way.... Illegal Aliens are kinda like the new slaves... They will pick fruit and do Jobs that Americans won't cause it is beneath them and the pay is bad... Now why can't states that have crops growing all year long have some laws that protect those workers even if they are illegal and also protect the farms...... Hey I think Minimum wage is a great idea.... But the question I have to ask is if everyone who picked fruit was paid $10 an hour if you think Juice costs a lot now ? Could anyone really buy the good stuff?
That is a bad example I guess but think of it this way.... Illegal Aliens are kinda like the new slaves... They will pick fruit and do Jobs that Americans won't cause it is beneath them and the pay is bad... Now why can't states that have crops growing all year long have some laws that protect those workers even if they are illegal and also protect the farms...... Hey I think Minimum wage is a great idea.... But the question I have to ask is if everyone who picked fruit was paid $10 an hour if you think Juice costs a lot now ? Could anyone really buy the good stuff?
metalpeter - 01/09/12 17:22
What makes this country great is that each state is its own entity.... Now from a moral perspective most would say that having slaves is wrong... But from an economic perspective it makes total sense... Assuming you make the beatings illegal... Here is some one who watches your kids and lives in your house and yes that is a piss poor wage and they aren't free... But if they fall in love and have kids of there own (yes those kids could have been sold) are then part of the work force. Are covered as well.... Now the reason I mention that is because that is what Nanny's really are or where they look after the kids and run the house hold when parents are away... In some places this makes total sense in some places it doesn't....
What makes this country great is that each state is its own entity.... Now from a moral perspective most would say that having slaves is wrong... But from an economic perspective it makes total sense... Assuming you make the beatings illegal... Here is some one who watches your kids and lives in your house and yes that is a piss poor wage and they aren't free... But if they fall in love and have kids of there own (yes those kids could have been sold) are then part of the work force. Are covered as well.... Now the reason I mention that is because that is what Nanny's really are or where they look after the kids and run the house hold when parents are away... In some places this makes total sense in some places it doesn't....
tinypliny - 01/08/12 22:26
Because not everyone runs fedora?
Because not everyone runs fedora?
paul - 01/08/12 20:09
Its so crazy complicated... State law is so weird at this point. I wonder why they don't just settle on universal fedoral laws.
Its so crazy complicated... State law is so weird at this point. I wonder why they don't just settle on universal fedoral laws.
tinypliny - 01/08/12 10:13
Like Greyhound has an evil deal with Burger King (they only stop at burger kings and the driver discourages you from crossing the street over to subway by hinting that there might not be enough time and he might leave without you), possibly the NYS bar has a shady deal with some other grubby Rochacha institution.
Go to Abyssinia!
Like Greyhound has an evil deal with Burger King (they only stop at burger kings and the driver discourages you from crossing the street over to subway by hinting that there might not be enough time and he might leave without you), possibly the NYS bar has a shady deal with some other grubby Rochacha institution.
Go to Abyssinia!
metalpeter - 01/08/12 09:44
Yes but the real question is when (e:tinypliny) says she is going on a killing spree since she knows it will happen at some point but isn't sure why is that pre mediated and also since we all know but don't have any prof that she will legally should we like call the cops now? HA.....
Seriously though good luck on the PA test.... It seems so strange to me that after you pass bar exams they make you go some place and not like just send you something.........
Yes but the real question is when (e:tinypliny) says she is going on a killing spree since she knows it will happen at some point but isn't sure why is that pre mediated and also since we all know but don't have any prof that she will legally should we like call the cops now? HA.....
Seriously though good luck on the PA test.... It seems so strange to me that after you pass bar exams they make you go some place and not like just send you something.........
kookcity2000 - 01/08/12 09:32
IT would be my pleasure, when are you coming through town?
IT would be my pleasure, when are you coming through town?
tinypliny - 01/08/12 00:25
Aha. Liar. you totally are representing me when I start on my homicidal spree.
pro.tho.no.ta.ry
pe.ri.o.don.ti.tis
Nevermind. Periodontitis wins.
Aha. Liar. you totally are representing me when I start on my homicidal spree.
pro.tho.no.ta.ry
pe.ri.o.don.ti.tis
Nevermind. Periodontitis wins.
01/07/2012 16:19 #55865
Hoyt lakeCategory: friends
Beautiful day!
metalpeter - 01/08/12 09:30
very nice
very nice
libertad - 01/07/12 16:50
Oh, I wish I had time to go out on my bike today but I was running all these errands all day.
Oh, I wish I had time to go out on my bike today but I was running all these errands all day.
01/06/2012 17:15 #55858
SunsetCategory: work
A lovely sunset from the office window. I used the solarize filter.
metalpeter - 01/07/12 10:47
That is a pretty bad ass looking picture....
That is a pretty bad ass looking picture....
Can't tell what they sell really..... I know there is also a Five Guys There... Now as great as the Galleria Mall is you know what would be amazing if it was downtown and Had a Football stadium as part of it.... Yes like mall of America Stadium (never been)....