Law School

Yesterday in class we learned about the hearsay exception, "Excited Utterances" under rule 803(2) of the Federal Rules of Evidence. Here, the event or condition must be '"startling," (any kind of event works in (1)), the statement must "relate" to it (which is broader than merely describing or explaining it), and the time frame is if declarant speaks "under the stress of the excitement" For example, "Oh my &*#$#! Did you see it?"' All the examples in class used expletives to illustrate the "Excited Utterances." And, while I sat there, I couldn't help but wonder what this evidence lesson would be like at the byu school of law. Additionally, today in Criminal Procedure we learned about how a case can be boundover before a Grand Jury. In State v. Clark, the court determined that a defendant may be boundover at a preliminary hearing by presenting "sufficient evidence" to fulfill the probable cause standard. To illustrate bindover, the class held a mock preliminary hearing regarding whether a member of a streaking club was guity of flashing at a public park. And, again I couldn't help but wonder what kind of cases they use at byu law. Even now, I can't help but smile to myself as I think about the many educational compromises made in Provo. Also, on an unrelated note, I would like to congratulate the UTES on currently maintaining the longest winning streak in the nation.

Please note, the evidence example and explanation above are copyrighted 2009, Bruce G. Berner, All Rights Reserved.

Sweater Weather

J'adore fall at the Crew

Pardi Cardi's by J.Crew

Marley and Me

I watched Marley and Me for the first time the other day. I am not a big Owen Wilson fan, but I found both his character and the entire movie to be charming. In the movie, Wilson's character states, "he has the worst dog ever." Apparently, he had never met my families dog, Sounder. Sounder enjoyed breaking through the fences and chasing after cars. In fact, Sounder chased so many cars that they began chasing him back. Don't worry, he was only hit three times, and with the exception of one major surgery, was also good as new. Sounder also had the ability to break through fences and chase the mailman. Consequently, the mailman did not appreciate Sounders' protective nature, and, as a result, we had to get a P.O. Box at the post officer or order to receive our mail. The movie is adorable and I highly recommend viewing it, if you have not already done so.

Prison Break

Over the last three days, I have had the pleasure of watching the first and second seasons of Prison Break on dvd. Prison Break is essentially about a character named Michael, who commits a crime in order to be assigned to the prison where his brother, Lincoln, is set to be executed for a crime he did not commit. The fulfillment of Michael's successful prison assignment is part of his plan to break Lincoln out of prison. It is a pretty interesting plot which seemingly details the realistical problems associated with an escape from a maximum security prison. The show is clearly representative of entertainment created by the FOX network and the shows violence is comparable to its counterpart 24. Initially, I found the show interesting because the prison is based in Chicago and the prisoners escaped in an effort to find money in Toelle, Utah. Consequently, it demonstrates the compelling central theme surrounding the motivating factor of family. To this end, the characters become relatable in their association to the universal principle of family, and, thus, their illegal and immoral actions are somehow more acceptable. The prison's physician Dr. Sarah T. plays Michael's love interest, who suffers from a doctor-patient syndrome when she falls for Michael. Its pretty romantic despite being in prison and then on man hunt. Because I lack the patiences to watch two more seasons, I used wikipedia to find out how the series ended. Apparently, Michael dies from a brain aneurysm, very ironic. I can't help but question the writters who allowed the character to withstand death for four season, despite a bounty on his head and three prison breaks, and then circum to a tumor. I don't understand the message the writers were trying to convey by ending the series this way? Its probably better that I became a fan of this show after it was cancelled, or I am not sure I could have taken the way it ended.

What have I been up to lately?

1. Today, I picked up this little find on jcrew.com., by combining what was left of my Christmas gift card and my birthday gift card. I think it will be a good purchase.

2. I turned 30 this month, and am still in shock that I am now in my thirties.

3. Finished up my summer school class, trust and estates. I think it really should have been titled, "Wills and a bit of Trusts."

4. I am starting to feel panicky about starting my last year of law school, thinking about student loan repayment, the BAR and potential employment. I am thinking that I will sit for the UTAH BAR, and I want to practice Bankruptcy Law. But, who knows? I have a tendency to change my mind.

5. I saw the new Harry Potter movie the day it came out. I loved it. Just as I love the books. I was a late fan of Harry Potter, but now I can't get enough of the series. I reread the sixth and seventh version this week. I am particularly fond of the relationship between Hermione and Ron. Here is an example of what I mean, (in reference to the Slug Club Christmas party) '"You were going to ask me?" Asked Ron, in a completely different voice. "Yes," said Hermione angrily. "But obviously if you'd rather I hooked up with McLaggen..." "No I wouldn't," said Ron in a very quiet voice."

6. Got caught up on the Bachelorette, apparently my man Ed came back. I can't wait to see what happens on Monday.

Yes, big things are already happening in my thirties:).