The Gratuitous Promise

The Gratuitous Promise: not worth anything, but I'm making it anyway!.........My thoughts as a stay-at-home mom turned law student, who just passed the California bar exam.

Sunday, December 30, 2007

The Gift That Keeps On Giving

Yesterday we visited some family members out of town and exchanged gifts. We don't see them often, and I think it is fair to say they don't really know our likes/tastes, etc. When I opened my gift from them, it included 2 bottles of perfume. (I must add that I think a fragrance is a very personal thing to give to someone, and unless you know for certain that they like a particular one, I think it is best to give them something else!) I did not recognize either name (I tend to like ones by Ralph Lauren and Dior.) Rather than opening it and spraying some on right then and there, I merely sniffed the bottle and graciously thanked the giver.

While that little sniff lead me to believe I would not like it, I did want to give it a fair chance. So once we got home, I opened it up and sprayed a single shot into the bathroom air (NOT on me!). I cannot fully describe how horrible it was! To say it smells like something only an 80 year old woman who was hard of smelling would wear doesn't quite capture it. Over the next couple of hours, it seemed to spread and everyone else in the house was complaining about it.

This morning I woke up and it is still here! I'm seriously afraid this smell is never going to leave. I sprayed some good smelling room spray in there, and it seems to have lost the battle. I think some of it may have gotten on the sweatshirt I was wearing at the time, so now I'm washing not only that, but everything else that was in the hamper with it overnight.

I triple boxed both bottles and put them out in the trash can at the side of the house. I couldn't risk them breaking and making my trash cans smell like that. I can only hope that with the passage of time, my life will return to normal and this scent will somehow dissipate. But after over 12 hours since spraying that one little spray and I'm still smelling it, I'm beginning to wonder!

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Thursday, December 27, 2007

I'm Tired of Being Busy

You would think having a couple weeks off would mean things would be different. Sure, I'm not in classes right now, but I'm still working, and it seems like other activities just take over for the school ones. I'm so tired of just running from one thing to another. I was going to go out of town for New Year's, but now I'm rethinking that. Just staying home and having nothing to do actually sounds good. Plus, I start classes on the 2nd, and my daughter leaves on the 6th, so I'd rather have time hanging out with her at home.

I know this last semester should be my easiest in many ways- I only have 4 classes, I know the drill, etc. But it seems like my motivation level is not high. I'm tired of classes, tired of exams, tired of studying, tired of being tired. Seven months just seems like forever. But that is how long it will be before I can really relax. Sigh....

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Monday, December 24, 2007

Merry Christmas!

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Saturday, December 22, 2007

Silly Me!

I've been so focused on my daughter coming home that I completely forgot to post about grades. The school was going to post whatever ones it had received by Thursday afternoon and then nothing until January 3 at the earliest. My W&T and Evidence grades were posted previously, but Community Property made it in shortly before the deadline.

My study partner and I had the top grade on the midterm in October, so I knew or at least hoped I would get a decent grade. I was very pleased to see I got an 87 and even more pleased to find out that the grade spread was 58 to 87! Though my grades are pretty good, I've never gotten the highest grade in a class before. I believe this means I will be receiving a Witkin award at the spring banquet for this class. Yeah! : )

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Friday, December 21, 2007

All Is Right With My World

Yeah! My daughter is home!

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Wednesday, December 19, 2007

The Kind of Shit I Have to Deal With

I filed an information today on a defendant for committing the most disgusting crime I have dealt with yet. The guy took a full colostomy bag (that his girlfriend had asked him to dispose of) and went to the Post Office, opened his PO box, and threw it through the opening where it exploded all over the floor! That is so gross! I just can't imagine what would possibly drive someone to do something like that.

I had another interesting case today. The cases I handle usually involve one of the following: DUI, driving while license suspended due to DUI, possession of a controlled substance, unauthorized access to tax returns, fraud related to the Treasury Dept. , State Dept. or Post Office, and a host of violations from federal lands, mostly national parks. Most cases are resolved by plea agreements and I refer to past agreements when deciding what to offer in current cases. For the crimes I deal with, the agreements usually involve probation, a fine, alcohol/drug counseling, and community service. Today I had an assault case and 5 days imprisonment is part of the plea agreement that I will be proposing. Nice!

Now I'm going to try to get some reading done for the first week of classes. My daughter gets home on Friday, and I'd rather not have to do it when she is here.

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Tuesday, December 18, 2007

One More Thing for the Courts to Do

This court in Italy decided that the name "Friday" was not a proper name for a child, as it could prevent him from forming "serene interpersonal relationships". They changed his name legally to Gregory, as he was born on that saint's feast day.

I guess the courts here in the US better get busy! Think of all the freaks we have here who aren't possibly going to be able to have any of those serene interpersonal relationships: Apple, Suri, Kal-el, Tallulah, and let's not forget Moxie Crimefighter! It's not like I'm busy every second I'm at work. I volunteer to help the court think up new names for them all!

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Monday, December 17, 2007

Well, This is Annoying

Even though the school's website was hacked over the weekend by a Turkish hacker, since it was back up last night, I figured I would at least have my Community Property grades posted today. Ugh. Nope.

I want to get started on my reading for the first week of classes, but I'm tired, so it's not happening today. I'm not working tomorrow, but have a bunch of errands I need to do, so it's not likely happening tomorrow either.

I worked all day today. While the volume of stuff I worked on wasn't huge, I did finish up some tedious things that needed doing. I also think I may have finally had a decent response to a defense attorney who was trying to strong-arm me into changing the proposed plea agreement I had sent her for her client. I emailed her a very specific reason why I was declining to change it, citing facts in the case, after spending quite some time reviewing them to make sure I was correct in my position. I did not get a response back, so either she knows I'm right or she just didn't get the email yet. (Or I suppose, maybe she doesn't think I'm right (which I am), but realizes it is futile to try to get me to change my mind.) I don't think I have anything to lose. The government has good evidence AND I would only love to have a trial for this defendant oh so much. Fine, don't accept my offer. I'm willing to go to trial. Are you???

Speaking of trials, I still have a number scheduled for January. Three are bench trials to be held on January 17, and likely to happen. The other 3 stand a good chance of being delayed. One is an unauthorized access case on an IRS worker (isn't it nice to know that they can look up all your most private information when and just because they get bored at work???), another is a computer intrusion case, and the third is a forest fire case.

Even though I'm "on vacation", I still have some stuff I should be doing. Guess it wouldn't hurt to get some of it done now!

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Thursday, December 13, 2007

Obviously I Truly Know Nothing

Some grades are posted already, including Wills and Trusts and Evidence. If you recall, I thought W&T was probably the easiest exam I've ever taken. I'm not sure if I posted about Evidence or not, but it was the only exam where I was still typing when time was called. Even though I commented on everything, I wasn't satisfied because I was not able to do nearly the analysis I believed was required.

As you can probably tell, yes, I got a lower score on my Wills and Trusts, and a higher score on Evidence, an 89 to be exact! That is the highest score I've ever received on any exam in law school (though I've gotten papers with higher grades). Evidence is so much more important to me and my career, so I'm thrilled!

I'm assuming Community Property will probably get posted on Monday, as that professor always grades quickly. Remedies, on the other hand, probably won't be done until January. My last class, Advanced Research and Writing, will probably be posted before the end of the year. I'll post more updates when other class grades are posted.

100% Conviction Rate

I LOVE being in court! Even better to have a trial! And best yet, to get a conviction! :) Today in court was so much fun. The only bad thing is that we were finished with everything by 11am. I would not have minded having another hour of things to do.

This was my second trial. I was supposed to have one last month, but the defendant changed his plea to guilty at the last possible second. I was so happy when this defendant today showed up. She actually did a nice job representing herself, but I saw the flaws in her case and was able to make them very evident to the judge.

First of all, the charge was for building a campfire while a restriction was in place. The ranger found a fire at the defendant's campsite, and when he could not locate anyone, put it out. He returned later in the day to find the defendant there, and she claimed responsibility for the fire.

She tried to say that even though she had a fire permit (which clearly states it is not valid when restrictions are in place, and that is the holder's responsibility to determine the current restrictions in effect), she believed that the location of their campsite was exempt from the restrictions. She had printed out a page from the US Forest Service's web site showing that there were no restrictions for sites above 4000' elevation, and another page showing the location of her campsite to be 4900'. My heart skipped a beat. I hadn't known that.

She proceeded to show that the Forest Service web site wasn't updated since June 2007, so she tried to blame that as why she didn't comply with the restriction.

My turn. First, I showed that the date of her violation was September 15, and a reasonable person would believe that after a long, dry summer, the restrictions may have changed. A phone call would be a better way to determine the current restrictions than relying on an out of date website. (You gotta love the old "reasonable person"!)

Secondly, even though she claimed to have checked the website BEFORE her camping trip, I questioned the ranger who testified that she asked him about where she could find out about restrictions AFTER being ticketed. And I showed that the date she printed out the restriction on the website was the date AFTER she returned from her camping trip. She had no proof she had actually checked into the status of restrictions at all.

Finally, knowing that there were several violations the ranger could have cited her for, but didn't, I asked him to tell us about that. He said he could have cited her for leaving a campfire unattended. While the defendant did apparently put dirt on the fire, she did not extinguish it completely in the required "drowning" method.

When the defendant admitted to that, and went on to tell the judge that she had done everything she could to be responsible about the fire and in trying to find out the restrictions, he called her on it.

Judge- "You just told me that you left the fire unattended."

Defendant- "Yes, but that's not what I was ticketed for."

Judge- "But you just told me you did everything responsibly, in regards to that fire. If you left a fire unattended, you weren't responsible."

BOOOOOYAH! That was pretty sweet. The judge declared her guilty and made my day!

One other little thing, one case we had, the guy is already in jail until May 2008. I had called around and was able to confirm this with his sister, and was supposed to tell the court his whereabouts today. After I did, I suggested that we possibly calendar this for June when he is out. The judge looked at the case and made a comment about it only being a trespassing case, suggesting in his tone that we just dismiss it. So I suggested that, and added, "Merry Christmas to the defendant" (in a funny, not sarcastic way). The judge smiled and repeated it, but then added, since the defendant will still be in jail, not sure how merry it will really be.

Anyway, was a fun morning. Just wish I spent more time in court.

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Wednesday, December 12, 2007

Three Weeks Off

Well, kind of. Three weeks off from attending classes is more accurate. I'm still working 20 hours a week over the break, and since several classes already have the spring reading assignments online, I'll probably start that next week. (Easier to do it before Christmas and before my daughter comes home.)

I did get the following in email today:

Executive Order: Closing of Executive Departments and Agencies of the Federal Government on Monday, December 24, 2007

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. All executive branch departments and agencies of the Federal Government shall be closed and their employees excused from duty on Monday, December 24, 2007, the day before Christmas Day, except as provided in section 2 below.

Sec. 2. The heads of executive branch departments and agencies may determine that certain offices and installations of their organizations, or parts thereof, must remain open and that certain employees must report for duty on December 24, 2007, for reasons of national security or defense or other public need.

Sec. 3. Monday, December 24, 2007, shall be considered as falling within the scope of Executive Order 11582 of February 11, 1971, and of 5 U.S.C. 5546 and 6103(b) and other similar statutes insofar as they relate to the pay and leave of employees of the United States.

GEORGE W. BUSH

THE WHITE HOUSE,

December 6, 2007.

So, I do have the 24th off. Now if I can get the 31st off, I'm going to try to stay over in Cambria for a few days before classes start on the 2nd.

So, next week I'm going to try to do my reading for the first week or two of classes (which shouldn't be that difficult, since I only have 3 classes with textbooks now), finish up my Christmas shopping and do all the wrapping. Christmas week I just want to spend time with my family, especially my daughter. The following week, I'll be back in class already. Ugh.

But first, I'm going to go out and celebrate the end of the semester with some of my favorite classmates. That tonight, court tomorrow. Fun, fun, fun!

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Saturday, December 08, 2007

Elf Work


I took the day off from studying today, bought a Christmas tree and decorated. Now that my kids are older, I don't put out as many decorations as I used to. It's just not the same without my daughter here to do it with me. (Boys just don't get into it the same way!) Other than the tree and stockings, I really only put out my collection of Nativity sets. Still, it's nice to have it feeling more like Christmas!

Tomorrow I need to work on Community Property. I'm not very motivated right now. I'll just be glad to have that over with and have a few weeks off.

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Friday, December 07, 2007

Dare I Say It? That Exam Was EASY!

I wasn't really expecting it to be hard, but it was a pleasant realization that tonight's Wills and Trusts midterm was easy. I felt like I had the perfect enough of time to cover all the issues in adequate detail. And it all just seemed to make sense. I don't even really mind taking an exam like that.

This week went by so quickly! It's hard to believe I only have one test left. That one is a final, since Community Property is only one semester long. I got the highest grade on the midterm in there, so I know I understand it. I just need to refine the last portion of my outline and do some studying. I honestly don't think it is going to take me much to prepare for it.

With the exams almost out of the way, it is starting to feel like Christmas.....

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After Tonight, Just One Left

I have my Wills and Trusts midterm in about 4 hours. It's only 2 hours and I'm not worried. (Gee, I've come a long way since first year!) It will be nice to have just one last one (Community Property) to study for this weekend. I'm going to take one day off from studying and get our Christmas tree, decorate the house, etc. I'll still have all day Monday too, so I'm sure that will be enough.

I'm more worried about getting back to work on Wednesday. I can only imagine how many emails, voicemails, and case files are waiting for me! AND, most of those will have to wait until the following week, as I'm going to need the entire day to prepare for Thursday's court appearance. Of course, just knowing how crazy it will be gives me a little rush. Am I sick or what?

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Thursday, December 06, 2007

Two and a Half More Weeks!

My daughter is coming home in 2.5 weeks and I can't wait to see her! I know I haven't really posted about her since the semester started. Being busy has helped in keeping my missing her from getting out of hand. But it was extremely hard to have her diagnosed with cancer (3 hours before the Moot Court competition!) this summer, care for her after surgery and during treatment, and then ship her off back to MIT. As a mom, I can't help but want to just be where she is to make sure she is alright.

Yes, she is doing fine, and luckily, I guess, quite independent. But still, I'm just so excited to have her home for a couple weeks. It makes me realize that first and foremost, no matter what else, I'll always be a mom. It's really the best job there is.

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Tuesday, December 04, 2007

Victims SUCK!

No, not the victims of criminal acts. I'm talking about the people who are not really victims of anything, other than their own paranoia. You know the ones- the people who insist that they are being attacked, ridiculed, or harassed, unfairly of course. I've really had about enough of it with these "victims". There is one in particular at school that I'm thinking of. Honestly, though, I think this person is so starved for attention that for me to complain about them would probably only feed that and give them more ammunition for their victimization claims.

My words of advice- maybe you ought to just try apologizing for your own stupidity once in a while instead of trying to act like someone else conned you into it. Everyone else sees through it anyway! LOL!

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One Down

My Remedies midterm was yesterday. I finished about 20 minutes early, not because I'm so brilliant but because I had nothing left to say. I'm sure there was more that could have been said, I just didn't know it. No use sitting there feeling like an idiot. Anyway, that's done and I can concentrate on Evidence today for that midterm tomorrow.

This is definitely not the preferred way to prepare for exams, but when you have as little time as I do, there aren't a lot of options. The only test I have that is a real final (because the class in only one semester long) is Community Property, and fortunately, I have all next weekend and then Monday to study for that one. The rest of these are only worth 20-40% of my final grades, so I guess that is a good thing.

It's early, but time to get moving.

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Saturday, December 01, 2007

No State Moot Court For Me

Every year, the professors who teach Moot Court hand select three students to take to the state moot court competition. I had expressed my interest in doing so to both professors. I heard from previously involved students that they are asked during the fall, with the competition being in the spring. Now that it is December 1st and the deadline for registration has passed, I guess it's not a possibility for me. I wasn't planning on it, but I had hoped to at least be considered for it. Of course, I would have said yes. Oh well.

I should get back to studying. I've been working on Remedies all day, and after reviewing old exams, I feel like I know nothing. Ugh.

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