For an assault, must the victim be afraid?

No. The victim must apprehend harmful or offensive contact, but he doesn't have to be afraid of it. "Apprehension" here means that P has a belief that is she doesn't take action, a harmful or offensive contact will soon occur. P's right to recover is not negated by the fact that she is confident of her own ability to take action to avoid the contact.

This is the type of non-sense I'm spending my time on. The stress was beginning to get to me a little bit this weekend, but I think I'm feeling somewhat better. Friday night my roommate got passes to a pretty cool club in downtown San Diego. On the way back, I drove by a large marquee that said: "Bar Exam, July 25-27." At the time, it really kind of made me laugh and adjust my focus a little bit. Now I'm feeling more like its me against them. How dare they create such a stupid barrier to pursuing what I've worked so hard for!

It's clear that I simply cannot allow this to occur. I must learn how to tell them what they want to hear. That's all it is. Put on the monkey outfit, memorize the dance, and then do it, for 3 days straight. Then hopefully, four months from now, I'll be able to put this all out of my mind. It will be much like the experience of one who has been a victim of violence. What a shame too, I could be spending my time doing something like snorkeling in the above picture.

Anyway, in other areas of my life...sadly there isn't that much to talk about. I had a nice lunch at the diner near the Bar/bri class. That has become my sanctuary. It's nice to have one of those.

Well folks, it's time for me to hit the sack. Until next time.

Staying Alive

Well, what to say? People in my class are beginning to get a bit wacky. Remember that odd energy of competitiveness, fear, and desperation that was present through much of the first year of law school? Well, it's back, times ten.

This is really a tough test to figure out. One minute I think I'm going to destroy it, then I become convinced that I'm going to be destroyed. Its hard to believe how arbitrary the test itself is, considering how much is at stake. But what can you do?

Sushi & Surfing: Just What I Needed?

Well, I decided to take today off. Slept in, ate lunch, watch U.S. vs. Italy (what BS!) went surfing, and now I'm going out to a club, where they supposedly also serve sushi. That would be nice, as I am starving. Tomorrow I'm making a big pot of coffee and doing bar study. I wish that wasn't the case, but alas, that's my life. I think if I can just pass this test things are going to turn out well for me in the not so distant future.

39 Days (But who's counting right?)

Well, another week finished and another day closer to getting this show on the road. My impression of the job market has been very positive. I've got a few more meetings lined up. Sadly, this only further reinforces the importance of passing this damn test. And there's really nothing anyone can say or do about it. My feelings are that I should only focus on passing and expect nothing else. I talked to my mom this morning and she tried to comfort me by saying that even if I didn't pass, things would be ok. This didn't make me feel any better. But having someone say that I would be screwed if I don't pass isn't likely to help either.

All that aside, I'm just so frustrated by this whole experience, and I'm barely 1/4 into it. I think I have the necessary motivation to get through it all, but its not going to be fun. Now there's an understatement.

If anyone out there has some beneficial advice, now would be an excellent time.

40 Days Away

As hard as it is to believe, the bar is only 40 days away. I've booked my hotel room and the bar preparation continues forward at a blistering pace. I really had no prior appreciation for what I was in for. I guess I always knew it was going to be a bitch, but that's not the same as going through it. I sure as hell don't want to have to do this a second time.

I'd like to know how much of this homework everyone else is getting done. I need to know how much I should be beating myself up when I don't get it all finished. This stuff takes up a lot of time. So far, I'm doing pretty well on the MBE's, but my essays have a LONG way to go, and I'm attempting my first Performance Exam. All of this seems so pointless, and perhaps it is, or perhaps arbitrary is a better word. But lots of life is arbitrary, especially the business world. I suppose I had better just get used to that aspect of the world if I want to be a lawyer.

Anyway, life does not slow down for you. I find myself already behind on many basic tasks, and I'm not getting the most fantastic sleep in the world. I've started doing a nightly dip in the hot tub, makes me feel better, but also tired. I think I need to start working out more and eating better. That would be an improvement over my first 2 week bar/bri program of eating everything in sight and never working out (except surfing a few times).

I appreciate everyone's support. I met with an alumni today that gave me some very positive advice and information, as well as picking up the tab at a delicious downtown Mexican restaurant. I must say, I do love it here, and believe that it's possible that San Diego is the greatest city in America.

Still Truckin'

-the memo writer

The Eagle Has Landed

[today's post is a bit of a catchup and is written in a quasi-stream of conscioness form]

Hello my faithful readers. I know you're out there somewhere. Other than oh, two of you, I don't know who you are. But that's cool.

Well, my move to the Wild West should be considered an early success. The trip was grueling. At times I felt like it was a modern day version of Oregon Trail. Wheels breaking, oxen running away, even people dying of typhoid (or being really tired). Anyway, we arrived to find we did not have an apartment, kind of a big oversight but also a product of our unwillingness to settle for something unknown over the internet. Sometimes the best way to move into a town is to move there and then start looking. If you have the luxury of being able to visit the town in advance and pick out a place even better. But as I found in London, when that isn't an option, you're probably not going to end up liking the place you chose from far away.

Anyway, I digress. So after staying at a very unique Hostel, we ended up striking gold on a 2 bedroom in La Jolla. My dad was certain that I couldn't afford to live here. At this point, he's probably right. But as soon as I land any legal job, I'll actually be able to afford to live here quite comfortably. In the meantime, I can tread water by working at a legal staffing agency for a few months after the bar. Their pay begins at $14 an hour. Not something I would want to do forever, but this past year has been an expensive one. I lived in central London, bought a computer, a guitar, an HDTV, a digital SLR camera, and all sorts of other toys. Right now, money is about as tight as its ever been, but it's mostly a product of my earlier choices, choices which I was comfortable with when I made them. I stand by them now.

In other words, I knew when I bought my toys that I was spending some money. I knew that living in London and San Diego are both expensive. I knew that until I could find a legal job I would not have much of a financial cushion. According to the bar people, I'm not supposed to think about this stuff until after the bar, which begins in 41 days if my count is correct. I need another cup of coffee.

. . .

Ok, I'm back. I don't think I feel like really saying at that much more. I'll leave it for another time. But anyway, things are going good. Somewhat high stress, but I'm doing what I can to handle it. Last night at bar/bri the professor had a very positive message. Everybody passes! Everybody passes! He told lots of stories about people who were afflicted with all sorts of crazy problems that still passed.

Anyway, There's so much more to come...just you wait.

-the memo writer