OA Bar Prep With Heather! T3BE41
Added 2024-09-18 07:14:48 +0000 UTCThe answer for T3BE40 is coming your way, and we launch our next Bar Prep question with Heather!
Patrons, submit your answers below! But also, feel free to double up and submit on reddit.com/r/openargs
Comments
Should one of the options be the court rules the matter has to be settled via a surfing contest?
Unnamed Muppet
2024-09-26 16:43:43 +0000 UTCHmm. It just really doesn't seem like the wording of the answer includes that. "Dale is entitled to introduce evidence of any part of the transaction necessary to make it understood." The bar parses stuff extremely carefully, and this answer suggests this evidence could be anything. As in, not the same email. Also, if you look at the fact pattern, Dale is the first to introduce evidence. Then Paul introduces partial email, then Dale offers the other part of the email. I really don't think the rule of completeness is a part of the reason answer B is correct.
Opening Arguments
2024-09-25 07:18:09 +0000 UTCI haven't listened to the episode yet, I'm still catching up and just finished TB3E 40, but I'm going with D for two reasons. One, because there is some law about prior use of the property - if the environmentalist had been using their land for composting for years, you can't move in later and then throw a fit about how it prevents you from hosting movie night, and that does matter; and Two, because everyone else seems to have gone with C, which also seems totally valid and I have no way to eliminate that one as possible, so I might as well differentiate my answer from everyone else.... I know very little about property law but I know A and B aren't good answers.
Matt is a movie star ask him about The Gamers
2024-09-24 18:10:17 +0000 UTCC Besides that I think C is the definition of a private nuisance, A. It doesn't matter if the neighbor suffered a different harm if they want to bring a private action. B. It's not about profit, it's about use. Family Movie Night is not likely to be a profitable enterprise. D. It doesn't matter since there should be a expectation for reasonable use of the property, no matter which event comes first.
The Great State of Denial
2024-09-19 17:50:16 +0000 UTCWOOOO I AM GOOD AT T3BE!!! And thank you for considering my speed round episode idea, you're right that it would be tricky to make it good listening :) This week, the real question is what this neighbor is composting that smells so bad. Poop? Bodies?? Sulfur??? Forget the lawsuit, get the EPA in here to investigate. I hope the answer is C because of the quiet enjoyment thingie.
can I get a CHEE-HOOOOO
2024-09-19 13:22:17 +0000 UTCC is the only answer that makes sense. A, B, and D sound like lame excuses that only a lawyer could think of.
Peter Olson
2024-09-18 15:25:04 +0000 UTCGoing back to the earlier question, the reason the same email chain matters is because of the timing. The rule of completeness allows for the admission of the remainder of a document *during the opposing party's case*, which is extremely unusual.
Dr. Clerk
2024-09-18 13:58:05 +0000 UTCC. Because the best conclusions are the ones made immediately, without previous consideration and because this sounds like when your sibling puts its finger VERY CLOSE to your nose while arguing "I am not touching you!!!!!". And that should be illegal.
Maria Kladaki
2024-09-18 13:55:51 +0000 UTC
