Rules of Evidence

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Saturday, July 18. 2009

Bar exam. Oh boy. For Rules of Evidence, it's 70% exceptions to The Rules, after you learn The Rules. We did Wills and Estates yesterday. It caused us to rethink our wills.

We parents of the graduate Law Student are having fun learning this stuff. It's sort-of crazy, and sort-of not. Good rule of thumb: stay clear of The Law if possible. It seems to be its own wacko universe, and not for amateurs.

Posted by Bird Dog in Hot News & Misc. Short Subjects at 16:41 | Comments (7) | Trackbacks (0)

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#1 apple pie on 2009-07-18 17:43 (Reply)

"Good rule of thumb: stay clear of The Law if possible. It seems to be its own wacko universe..."

Indeed.

Anecdote, heard on a Boston radio show decades ago -
Police pull over a car with two people in it which had a busted taillight. Fine.
They see what appears to be (and later proves to be) a pistol under the driver's seat, so ask the occupants to step out. Fine.
Affirming it is a pistol, they ask for keys to the trunk for a search: when the operator refuses, the police proceed to pry open the trunk. Fine.
Seeing a locked briefcase in the trunk, they ask to have it opened: met with a refusal, they force open the case - discovering two more pistols and a sizeable amount of cash. Fine.
Seeing a paper bag with the top rolled down, they open the bag and find a quantity of illegal drugs and more cash. SUPPRESSED.
Seems the paper bag, not being locked (?), is considered a "secure" comtainer which should not be opened without a search warrant...

#2 John A on 2009-07-18 18:06 (Reply)

John,

As you probably already know...it's meant to prevent the planting of evidence. Unfortunately there are those who slip through and that is wrong.

#2.1 Garry on 2009-07-19 11:01 (Reply)

>>>"Good rule of thumb: stay clear of The Law if possible. It seems to be its own wacko universe..."

I'm sure the Barrister would second me on this, but... you appear to have a remarkable gift for understatement.

See if you can make heads or tails of this one:

No interest in property shall vest unless it must vest, if at all, no later than 21 years after the death of a person alive at the time the interest is created.

Don't feel bad if you can't. Most lawyers can't. I studied it in depth for two years after law school. Most of its applications are still not quite clear to me.

#3 Jim on 2009-07-18 18:59 (Reply)

You studied the Rule Against Perps for . . . two years after law school? In depth?

Uh . . . . Why?

Wouldn't that be akin to the automotive engineer doing his master's thesis on buggy whips? The emergency room doc taking special courses on treating saber-toothed tiger bites?

#3.1 bobby b on 2009-07-19 08:32 (Reply)

q: what's the difference between a hooker and a lawyer?

a: the hooker will stop screwing you once you're dead.

#4 kab on 2009-07-18 22:14 (Reply)

Re: "Good rule of thumb...stay clear.....".

I, too, have told my sons (17 & 16) to just keep away from involvment with the legal system. It's not about justice...it's about what evidence will be allowed to be recorded. Many an innocent has been convicted on little and many who are guilty have skated on a boxcar of evidence. "Reasonable doubt" & "innocent until proven guilty"...bullshite!

#5 Garry on 2009-07-19 10:56 (Reply)

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Saturday, July 18. 2009

Rules of Evidence