T-Minus 1

Conspiracy - Conspiracy is a specific intent inchoate offense. It does not merge with the related offense. The elements of conspiracy are (1) an agreement among two or more to commit a criminal act; (2) that the agreement be made with the intent to commit the criminal act, and; (3) an overt act in furtherance of the conspiracy. A co-conspirator is liable for all crimes committed by co-conspirators in furtherance of the conspiracy, as well as all other crimes that are reasonably foreseeable. At common law, conspiracy required two guilty minds, meaning, a sting operation couldn't result in a charge of conspiracy. The MPC only requires one criminal mind. One important thing to remember is that the criminal act of conspiracy is the agreement itself - therefore, even if a member withdraws, he will still be liable for conspiracy as well as those crimes committed prior to withdrawal.

T-Minus 2

Piercing the Corporate Veil - As a general rule, shareholders are not liable for the debts of the corporation. An exception arises in the case of closely held corporations, and it may be possible for a creditor to pierce the veil. To do so, the creditor must first show an abuse of corporate privileges, and second, that it would be fundamentally fair to hold the shareholder personally liable. This often arises in two situations - alter ego and undercapitalization. Please note that courts are more willing to pierce the veil for tort creditors rather than contract creditors.

T-Minus 3

Great White Shark Video - Funny bloopers are a click away

Trust Basics - A trust is an arrangement whereby a trustee takes legal title to a specific res, given by the trustor (settlor) for the benefit of certain beneficiaries. The prerequisite for a trust is that the settlor gives legal title to the trustee with the intent to create a trust for a valid purpose, for the benefit of the beneficiaries. Although there are two types of trust - private and charitable - these requirements are essential for both. One thing to keep in mind, is that there must be a specific and identifiable trust property - the res. It need not be physical, but can be a chose in action, so long as that chose is not a mere expectancy.

I am the shark. Sorry seal.

T-Minus 4

Counterclaims - In a case in federal court, a defendant must assert those mandatory counterclaims which arise out of the same transaction or occurrence as the plaintiff's claim. If it does not assert them, it will be deemed to have waived them forever. A defendant may also assert any other claim it has against the plaintiff as a permissive counterclaim, which need not arise out of the same transaction or occurrence. The defendant is also free to pursue permissive counterclaims in a separate forum. In all cases, the federal court must have subject matter jurisdiction over the claims, meaning federal question or diversity. If there is no such jurisdiction, the court may exercise supplemental jurisdiction if the claim arises out of the same transaction or occurrence.

T-Minus 5

Statutory Requirements for a Will - In order for a will to be valid, there must be: (1) a testator over the age of consent; (2) will executed with testamentary intent; (3) the testator must sign the will, and; (4) there must be at least two attesting witnesses.

An interesting problem arises when the testator signs a will, but then adds provisions after the signature. Under the UPC, so long as those provisions are contemporaneous with the will, they are valid. However, at common law, such provisions were invalid, as wills needed to be signed at the end.

In this clip, I like to think of myself as Arnold Schwarzenegger.

T-Minus 6

Annulment - An annulment is a ground for terminating a marriage when the grounds giving rise to it occur prior to the marriage actually taking place. As a result, a marriage may be void or voidable. A void marriage cannot be waived by the parties, and furthermore, may be attacked collaterally by third parties. Void marriages may be annulled in court at the option of one of the parties - but this is not necessary. The two void grounds are bigamy and cosanguinity (incest). Voidable grounds may be waived by the parties, and may not be challenged collaterally. Voidable grounds are one party being too young, mental incapacity, duress, permanent physical impotence, and fraud. The fraudulent statement must be one that goes to a central aspect of the marital relationship - mere lies about economic or social status are insufficient. In most states, the remedies for an annulment are the same for divorce, however, in others, alimony is not available.

T-Minus 7

Dormant Commerce Clause - A state may not regulate those areas of interstate commerce expressly regulated by Congress. However, in the absence of such regulation, a state may regulate interstate commerce in a non-discriminatory way so long as it does not unduly burden interstate commerce. A discriminatory regulation will be held invalid, subject to three exceptions. First, if the state is acting as a market participant, and not a regulator. Second, if the discriminatory law serves a state police interest that is non-economic, and there is no reasonable non-discriminatory means of accomplishing that objective. Third, the Supreme Court gives more deference to state regulation that discriminates in favor of activities traditionally performed by the government.

Music of the Day - Blind Melon

I'm sorry, I just love this song.

Music of the Day

Because there is nothing else interesting going on. Two weeks until this shit is over.