by B.J. on 10/26/2002 09:54:00 PM 0 comments Print this post


2 weeks from now. . .I will be waiting for 2 weeks to pass.

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by B.J. on 10/26/2002 09:49:00 PM 0 comments Print this post


[Edit 11/07/03: The Non-Academic Aspects of Santa Cruz. In conjunction with the Academics and based on what I learned in my whole first month]

My Advertisement for UC-Santa Cruz

Cool stuff to see:

- We got Caves up in this college. Caves ! Not that I think it's cool or anything, but it is something to brag about.

- And we also have some cool Biking Trails. . .too bad I forgot how to and don't have one [Note 11/07/03: I have since re-learned, but have grown to become more paranoid of riding it].

- Banana Slugs

Famous folk here:

- Ben Stein taught here and complained of the "billowing cloud of marijuana he walked through everyday as an RA"

- John Travolta wore a shirt that UC-Santa Cruz Banana Slugs in Pulp Fiction



- Quntin Tarantino [of Pulp Fiction and Kill Bill] went here, apparently, based on hearsay

[Nicholas Cage, Chuck D, Jesse Jackson, Zion I, Michael Moore, Ozomatli have all made stops here]

- Some dude from Sublime went here and did heroin, again based on hearsay

Culture:

- Super diversity of music from classic rock to classical to underground hip-hop. It's

- " " movies

- Eye candy everywhere (Even though mine are averted to the trees and the words in my books). Looks like a Budweiser commercial here.

- Exercising is for everyone, not just the high school jackasses on teams

- To those who want to reach a level of self-actualization, you can "discover" yourself by sitting in some part of the forest and by thinking how much you miss people

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Legal Studies Notes

by B.J. on 10/25/2002 04:01:00 AM 0 comments Print this post


[Edited on 10/30/03 to be much more useful to google searchers. This was originally posted to study for my midterms, posting stuff I had trouble grasping. And I relied heavily on this Introduction to Law book by Joanne Banker Hames and Yvonne Ekern. And if this stuff ain't good for you here are some links: nolo.com, lawlinks, alllaw, findlaw.com, the legal information institute,]

Legal Studies:

Bill = Proposed legislation NOT anything confirmed

Related Cases: 1) Koon v. US (1996 - WTF?! ), 2) Coon v. Joseph (1987 - Reagan era)

Keywords: Recidivism (haha, new word ) = tendency to relapse into criminal ways, Sentencing Guidelines ---> Reduces harm in prisons, Emotional distress, gays unrecognized, Frisco not recognizing gay couple

1) Is it me or do the Koons of this world get dicked around by the judicial system ? Koon was an ass because he beat Rodney King, but the courts jacked him around like an amateur Britney Spears in a fake porn video, as the district court from racist ass Simi Valley made him think he was getting a cheap sentence because of concern for their careers and the low risk of Recidivism, when all of a sudden, the Court of Appeals who finally decided that Koon and co. were asses, and Didn't deserve that kind of special treatment.

2) Coon was denied entrance onto a bus in Frisco of all places. Ervin, Coon�s lover, enters and is bitchslapped by the driver. But Coon was the one who sued because of emotional distress, and only heterosexual couples can sue for their partners. So this shit was dismissed. Frisco did not recognize gay gouples.

Related Cases: 1) Sommer v. Gabor (1995), 2) Hustler v. Falwell (1987), 3) Burnett v. National Enquirer (1983), 4) NYTimes v. Sullivan (1961)

Keywords: Libel, Malice, German case, Outhouse, 1st amendment


4) The New York Times case established that malice needed to be proven in a case of libel. Under that principle the following cases are related: 1) Gabor basically calls Sommer a broken down bitch. She loses. On appeal she tries to apply German law and sue for excess damages but loses. She could not prove there was any malice. 3) Hustler had no malice for Falwell. So Falwell lost. National Enquirer was libelous, but only lost $50,000 in compensatory damages.

Cases: 1) Baum v. New York Central Railroad (1958), 2) Palsgraf v. Long Island Railroad Co. (1928)

Keywords: Negligence, Horse, Fireworks, Proximate Cause

2) While Palsgraf lost the case, the dissenting opinion established what makes up today's law in that duty of care should be a duty owed to society to protect it from unnecessary danger. The question of liability becomes a question of proximate cause, rather than duty of care. This case is what makes drunk drivers more responsible.

1) This case established that damages alone couldn't be grounds for sueing if there was no negligence or some type of legal basis shown. An actor was injured by a horse and sued claiming damages as a result of negligence and breach of warranty. This actor couldn't prove that the owner of the horse had any malice nor knowledge of what the horse would do. The horse just acted like a horse.

Related Cases: 1) Buranen v Hanna (1985), 2) Mapp v. Ohio (1961), 3) Terry v. Ohio (1968), 4) Katz vs. US, 5) Martinez v. Hardtack

Keywords: Illegal search and seizure, 4th amendment, Excessive Force, Katz and his head (hmmmmmm ?)

2) Police raided Mapp's home because they thought there were bombs there, but instead they found a bunch of porn deemed to be against Ohio statute. This case established that authorities can't just take things not in plain view away.

3) This case Terry V. Ohio established that whenever a reasonably prudent officer is warrranted in believing that his/her safety or that of others is endagered, he may make a reasonable search for weapons, aka the exclusionary rule.

4 types of Slander and Libel:

1) Accusation of serious crime
2) Professional incompetence
3) Prostitution
4) Serious illness

Legislative process:

1) Legislation proposed.
2) Introduce bill
3) Refer bill
4) Vote on bill
5) Action by another house
6) Executive options

Writing a Legal paper:

1) Know the facts
2) Analyze
3) Issues
4) Use facts to define issues
a) Relevant Facts � Key, significant
b) Explanatory � Background
c) Unnecessary � Not needed

Should be short, active, and specific.

Id = quotation. You can quote someone if he exists on ID.

Supra = Authorities other than cases and statutes. Authority other than Civics (cases) and Acuras (statutes).

Substantive Laws = Defines rights and duties (e.g. Bill of Rights)

Res Ispita Loquitir = The thing speaks for itself. . .implied negligence (carelessness)

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Legal Studies Notes

by B.J. on 10/20/2002 02:44:00 PM 0 comments Print this post


[Edited 11/06/03 to make it more useful to those on the web. If this site ain't good enough for you, there's: nolo.com, lawlinks, alllaw, findlaw.com, the legal information institute,]

Random Legal Studies

The elements of a Case Brief:

1) Name and Citation of a case with year.

2) History (How case has traveled through courts)

3) Issues - Main question answered

4) Facts - Evidence relevant to court's reasoning and decision

5) Laws - Laws relied upon (statues, case law, articles/ammendments from the Constitution)

6) Analysis or reasoning - How did the court analyze the facts in light of the legal question (issues).

7) Conclusion - How did the court resolve the dispute.

Elements of a Legal Memorandum:

1) Compares facts and issues of client with those found in reported cases

2) Analyzes statutory law [that is the stuff written in the constitutions and shit] appropriate to case [cause interpretation of law is what determines civil cases]

3) Components:

- Issue statement - Compile Facts

- Request Research

- Discussion section - Explains everything you've been researching.

- Conclusion - Summary and Answer to Research

Cases: Katzenbach v. McClung (1964 - Civil Rights era)

Keywords and phrases: Civil Rights (1964), National not State, Interstate Commerce)

Ollie's BBQ discriminated against blacks even though about 2/3rds of the workers are black. The attorney general, Katzenbach, sued this establishment under the basis of the 1964 Civil Rights Act, but that was a national law, not state law. So as long as Ollie's didn't do anything interstate, they were cool. But, and a big one, research (like one requested in a legal memorandum) found that the restauraunt purchased a good 46% of their food out of state. So they did stuff across states and made them subject to national law.


Cases: Texas v. Johnson (1989 - Reagan/Bush era)

Keywords and phrases: Flag-flaming (always a die-hard Liberal) like Mitch's beanie hat, 1st Ammendment

What a coincidence ! Johnson burned flags to protest against Reagan and corporations. Johnson was the only one to be convicted of a crime amongst the 100 demonstrators. But, Texas is retarted and stupid, and eventually lost because Johnson had the 1st ammendment backing him and he didn't harm anyone.

Cases: Blanton v. North Las Vegas (1989 - drinking) and Tracy V. Municipal Court (1978 - Chemicals)

Keywords: Petty misdemeanors, Blanton sounds like a drinker name, Tracy McGrady-high

Blanton = Do DUI people have right to lawyer if the max offense is $1000, 6 months in joint ? No !

Tracy = Do people on dope have the right to a lawyer if the max offense is $100 ? Yes !

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by B.J. on 10/19/2002 11:58:00 AM 0 comments Print this post


Oh crap, was there something yestrday ?!

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by B.J. on 10/17/2002 08:04:00 PM 0 comments Print this post


WHY ARE WE GOING TO WAR WITH IRAQ ?

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by B.J. on 10/11/2002 08:47:00 PM 0 comments Print this post


[Edited on 11/07/03: Man, I was really as dumb as Jessica Simpson. See the non-academic life and academic life of UCSC]

A Whole Month at SC

I've discovered:

1) classes

-Aquatic Toxicology stuff I have to study this weekend

-Legal Studies stuff I have to study before October 25



-how nice bums [note: I don't label them "bums" anymore] are in the city

-how to not sleep thru class [note: Yeah right]

-how the teachers are kinda the same as high school

2) computer stuff

-how we've got a pimp connection compared to UCI, UCR, and SLO

-how downloading can get old really fast

-other functions I never knew my computer had

3) some cool media

-French Rap (Saian Supa Crew)

-SLC Punk

-Office Space

-Tool

-Led Zepplin

-Taiko Drumming

4) culture

-nerds at Crown Lounge

-that I have a Midwestern accent

-how deer look like up-close

-how much I need to learn how to bike [note: I have learned ! But I'm still scared of falling]

-people are even more friendly than in high school [note: Not really]

-that there's nothing really mysterious about the woods

-the smell of weed. . .every other night

5) survival skills

-how to use a bus

-how to travel on my own

-how to make my bed

-how to go days without smelling to avoid showering

6) what I miss

-that there are no real cool ballers here

-there's no boba or In-N-Out here

-how much I miss my family, friends, and well. . .you know. . . [Note: More sappy crap ughh]

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by B.J. on 10/10/2002 10:41:00 AM 0 comments Print this post


The good thing about homework is that there is no time limit until the last minute.

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by B.J. on 10/07/2002 05:50:00 PM 0 comments Print this post


[Edit 11/07/03: Download these songs at kazaa or winmx. But of course download the software first.]

Songs of the moment

: - I

Nivea, Jagged Edge - Don't Mess with my Man (Version 1): Reminds of Keith, that super-clean RiSiX of his, and the great summer of 2002.

Shola, Craig David - Imagine: Makes me feel invincible. [Also the fastest fucking song ever that makes you want to work, as strange as that sounds]

Shorty - Happy Heart in the Sunshine: Reminds me to take the shots, but come back with a blast.

Rank 1 - Airwave: Makes me think of a beautiful night/moment.

Saian Supa Crew - A Demi Nue: All the experiences of SC. Here.

: * (

Boyz II Men - Dreams: I C U @ U C I

Utada Hikaru - First Love: Ditto

George Fenton - First Kiss: Ditto

Barry Manilow - Can't Smile without You: Ditto

The Cascades - First Love never Dies: Ditto

[What a sap I was]

I think they should relocate the whole UCSC campus to LA. Demnit, shet. I lost some of my invincibility and momentum when I went back down to LA, but it was all worth it. Some of the best moments of my life for real !

Speaking of moments, my parents warned me that I could be subject a term in prison if I didn't sign up for the draft or whatever. . .

I don't like George W. Bush and/or war, which was the subject of much hoopla around campus today in conjunction with a UC lecturer's strike to take place this coming Monday and Tuesday. All that means for me is no class. Woo.

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by B.J. on 10/02/2002 10:56:00 PM 0 comments Print this post


[Edited on 11/07/03 because I can't stand my arrogance and audacity to tell people what to do]

~~~Having Fun with Learning~~~

I just found out from my Legal Studies that I don't need to say anything when I'm pulled over, nor do cops have the uvking right to search me ! Prof Supina (that's his actual name, haha) says that our middle-classiness, makes us so damn stupid that we, in the pressured-filled "scary" moment, accidentally waive our rights to the cops by telling them "yes." I wanna try (without the $104 ticket that I had to pay 2 days before bolting for Maryjane land) ! So, I thought I'd pass the wealth.

Ya see how I'm engaging myself and not just learning for grades ? I don't see school as "work" or "studying" because that's too restricting and crap. Basically, I'm just plugging myself in and loading up on info like a robot and thinking critically after the fact. That's what I've done for all the quality work I've done so far, hahahahahahahahahahaha. There may always be work to do, but you have to take this shit one day at a time. School's fun when you get on top of it *cough* like a one dollar prostitute (not that I would, *wink* and *smile with tongue hanging* at Irvine girl).

And if you don't feel like studying and find yourself staring with anxiety at the clock, as I told P-dub (partner) and told to me by my cousins at UMass, just think of all the bucks your parents are wasting on you !

That doesn't mean don't have fun --- that's the trick, you bums ! Inject some intrinsic meaning to the shit you learn; make it have a daily purpose ! I'm probably not the savviest person to proselytize as a cocky 1st year, but as some have noted, I seem to be breezing by these early days of college like a fart in the wind. Who knows, I might be bumming it on Sunset Blvd in a year. [Nope hasn't happened yet] Or at least you guys, whoever, try, like someone who wouldn't lay a single eyeball on me during Psych 101 at LACC (and I'm not talking about the ghetto black guy or gay black guy) on August 4, 2002.

Speaking of trying, my profs actually like my writing, which leaves me wondering how the hell I failed the Subject A. My Mr. Owl writing teacher (maybe strange, but cool) likes my crap, Writing TA likes it, ETox TA likes it (written nothing for Legal Studies). I almost always have a clear thesis. I use complex sentences. I use action verbs. I have adjectives for almost every noun. The only conceivable hurdles to my passing were the : a) subjectivity of the teachers b) my wordiness c) my intro-less paragraphs (I cut right to the thesis without bullshit descriptions, as I've been taught to write by my nationally commended AP US/Euro teacher). d) breaking off into tangents (maybe it was this one) Help me figure it out, demnit !

 

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