Thursday, October 2, 2008

I'm a pathetic law student. No. I'm pathetic AND a law student

So this post is actually gonna look like a blog cause I am just gonna tell you about my day.
We are talking about negligence in my torts class, which I really enjoy, but it is giving me cause to realize how law school is changing me. There is something in law called the reasonable person standard. This means that the court can find you negligent in some situations if you did not act as a reasonable person would have in the same situation. So, if you are driving your car and there is a big line to go into a parking garage you think you can zip in the exit real quick, but you hit someone coming the other way. Since a reasonable person probably just would have gotten in line, you could be found negligent. That is just a random example.
Anyway. Back to my story. One aspect of the reasonable person theory is that it is the same standard for everyone. If you are an adult, you are held to that standard. It does not matter if you are smart, dumb, fat, skinny, American, 18 years old or a hundred (although there is a physically disabled rule, you're not negligent for not seeing something if you are blind). One thing about this rule is it does not take into account mental disability or incapacity. This is not crim law. The professor asked us to raise our hand if we thought it was unfair that a 17 year old kid can be judged according to his own intelligence, but a 19 year old mentally disabled man has to be judged according to the reasonable person standard (this is only in the civil courts by the way). I raised my hand. But then I started thinking. My sensibilities were screaming that it was wrong and unfair but reason was starting to kick in. I had to raise my hand with only three or four other kids and admit that I thought the system was fair. I had turned into a law student. While the explanation for my line of reasoning is fairly long, suffice it to say, if we judge any adult according to their own mental capabilities it sets a slippery slope precedent till everyone gets it on their own terms. It is better to go with the rule of law and let the judge and jury find the justice. We have to trust the system. I just thought that this was a turning point in my life, I could be wrong. That story whatever you may think, however, is not why I am pathetic.

The Utes won today. I know, I know. They've done it before, even this year. Six times in fact. In a row. If that doesn't make you sick then your name must be Joey Chestnut . It gets worse however. I . . . was. . . rooting. . .(this is harder than I thought) . . . for. . .them. OOOHHH GOSH! THE AGONY! Puls and I always said that we wanted every team in the Mountain West Conference to win every game they played, except for when they played BYU, that way our conference would be seen as better and our wins would look better. Every team, that is, except for the Utes. We always wanted them to lose, and badly. We wanted their players to wish they had never heard of football or the runnin' Utes (they had to run today their pass game stunk so bad in the third quarter). But this season for BYU to have a chance at all the marbles we need a strong Ute team to be undefeated come the last game of the season, so when BYU kills them it will catapult us into the national spotlight in such a way that WE WILL NOT BE IGNORED! So I cheered for them, and I may have even referred to them as "we" but that was an accident. Even Uncle Denny was in on it. So they won, and it was against the team that beat #1 ranked USC last week. All for the good of the mountain west, and in that way good for the two years running reigning Mountain West Conference Champion, that's right your BYU Cougars!!!!!
I'm not Pathetic. You're pathetic.

2 comments:

Tracy said...

oh man, you're making me remember torts! I'm impressed that you are already coming to these conclusions. I had torts second semester and certainly was not as wise as you even by then. . .

Adamson Family said...

Cheering for the Utes. I've heard this talk before about needing them to do well. I guess I just can't see the big picture, no Ute cheering from me.