Friday, April 12, 2013

Defamation with T-Swift

T-Swift can sometimes be slightly annoying, but just like Bieber, she does have some catchy songs.  Like this one: We are Never Ever Getting Back Together.

For the record, I would not be surprised if you are cringing at my song choice right now.  But come one...give me a chance.

Happy studying.






We Know Defamation

You might be thinking this is pretty sad – agreed
But defamation needs a catchy tune – you’ll see
This one will not leave your head…like ever

Defamation – it’s a tricky tort – really
The gist is to protect the reputation – and we
Know there are 2 kinds – libel and slander

OOO –false defamatory statement
OO concerning the plaintiff
OOO publication to another
OO fault and damages
I’m telling you telling you


We are 1Ls 1Ls 1Ls
We know defamation
We know that written oral statements
Lead to litigation

Libel’s worse than slander
Cuz it lasts forever – true
Slander’s easy to prove
Special damages assume

We are 1Ls 1Ls 1Ls
We know defamation

Libel equals damages presumed – easy
Libel per se – on its face defamatory
Libel per quod: we need extra facts

Slander- P must prove specific harm – hard to do!
Slander Per Se means it was so bad -- so presumed
Slander per quod – we aren’t tested on this

OOO –false defamatory statement
OO concerning the plaintiff
OOO publication to another
OO fault and damages
I’m telling you telling you

We are 1Ls 1Ls 1Ls
We know defamation
We know that written oral statements
Lead to litigation

Libel’s worse than slander
Cuz it lasts forever – true
Slander’s easy to prove
Special damages assume

We are 1Ls 1Ls 1Ls
We know defamation

Analyze: first thru common law – then to
Constitution: plaintiff and statement – run through
Fault ground? Malice, reckless, negligence

Last in constitutional breakdown – is this
Figure out the damages and don’t dismiss
Privileges like absolute or conditional


OOO –false defamatory statement
OO concerning the plaintiff
OOO publication to another
OO fault and damages
I’m telling you telling you

We are 1Ls 1Ls 1Ls
We know defamation
We know that written oral statements
Lead to litigation

Libel’s worse than slander
Cuz it lasts forever – true
Slander’s easy to prove
Special damages assume

We are 1Ls 1Ls 1Ls
We know defamation
We are 1L's almost 2L's
We'll know defamation

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Sunday, March 24, 2013

Don't Stop Believin' (Possessory Estates)

Hey World.

I'm back...just in time for finals.  This time I want to introduce a couple new additions to Fa La Law...

First, you may have noticed the website is looking a little different.  That is the handiwork of my good friend Tyler Roberts, a fellow 1L classmate of mine at Campbell.  He is way more talented at website design/management than I'll ever be, so when he offered to help me out with Fa La Law I was pretty excited.  He's such a class act.  Everyone should know Tyler.  When he runs for office one day I'm just going to go on the record and say that I'll sing his campaign slogans and be his numero uno fan.  Thanks for being the man, Tyler.

Second, my sister Amber, who plays the piano incredibly well helped me out with this song.  It was way too difficult to do on the guitar...and plus it sounds way better on the piano.  Amber is a pharmacy student at Campbell.  We help each other stay sane.  One day she is going to save the world with her medicinal knowledge.  Everyone should have a pharmacist in their family...if for no other reason than to be aware of all the bizarre diseases and medications that can treat them.  I now know more about salmonela and E.coli (she just informed that E.coli should be italicized since it's a species...see what I mean?) than I ever wanted to.

Without further introduction, this song is about the Possessory Estates in Property.  What better way than to learn it through Journey's "Don't Stop Believin'"?

(Words are at the bottom.)


This is nothing new, but it’s a pain for me and you:
Here’s to hoping Journey will make it less lame
There are 5 PE’s—don’t worry I will cover these
But first remember words of purchase and limit

Words of purchase will identify the grantee
Words of limit describe the nature of estate
When you analyze, there’s 4 things to keep in mind
Language, duration, transfer, and future interest too…

This is not easy, but singing it is helping
We may still be 1L’s but we’re not dead yet
So don’t stop believing—remember it’s just property
We can survive this just ignore the debt

FSA is often where the deed says “O to A and heirs”
It can last forever with no limit
If you give it up: we will infer by will, intestate, or transfer
There’s no future interest but that’s ok

Fee tail—here’s the key: “To A and heirs of his body”
It lasts as long as grantee has a blood relative
It automatically goes to blood line of grantee
In the future it will revert or remain

This is not easy, but singing it is helping
We may still be 1L’s but we’re not dead yet
So don’t stop believing—remember it’s just property
We can survive this just ignore the debt

Life estate you will agree: “To A for life” or “life of B”
If “life of B” it’s called “pur autre vie”
On this you could bet your wife: Transfer only during life
In the future it will revert or remain

Now defeasible estates: There are three, don’t hesitate
FSD, Condition Subsequent, EL
FSD: “so long” “until” “during” while” it’s such a thrill
Possibility to revert in future

This is not easy, but singing it is helping
We may still be 1L’s but we’re not dead yet
So don’t stop believing—remember it’s just property
We can survive this just ignore the debt

Condition Subsequent: look for a comma after A
“But if” “On Condition” “Provided that”
Grantor has the ROE, in EL though to 3rd party
In EL “to A, event, and then to B”

Just a city school; we learn things like black letter rule
Here at Campbell we can go anywhere
Strangers waiting, just for us to represent them
Lawyers, judges here we come!

This is not easy, but singing it is helping
We may still be 1L’s but we’re not dead yet
So don’t stop believing—remember it’s just property
We can survive this just ignore the debt


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