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You Better Watch Out, You Better Not Shout

So, worked on torts today. I learned:

Malicious Prosecution

  1. Instigation of Proceedings against Plaintiff
  2. Conclusion of those Proceedings with a verdict for Plaintiff
  3. Assertion of those claims for an “Improper Purpose”
  4. No “Probable Cause” for the assertion of those claims
  5. Damages (to Plaintiff)


Abuse of Process

  1. Use of process for an ulterior purpose
  2. Substantial act or threat of the use of process for that ulterior purpose

Those are some super-rarely-tested causes of action that I spent the afternoon working toward memorizing. I think I got them.

Next, I did three more essays (did three last night). I was pulling them from the February 2004 Bar Exam. So, questions 4-6. The first question was a tough one. It was a property/contracts question. I got everything but learned that a lease can create a convenant that “runs with the land.” The requirements for any covenant to run with the land are (WITHN):

  1. Writing
  2. Intent
  3. Touch and Concern
  4. Horizontal and Vertical Privity
  5. Notice

Incidentally, an equitable servitude requires less (WINT):

  1. Writing
  2. Intent
  3. Notice
  4. Touch and Concern

So I missed that issue… unfortunately, but I had about 15 other things I thought of… aside from that.

The next two essays were Constitutional Law (Federalism and Standing) and Civil Procedure (Personal Jurisdiction, Subject Matter Jurisdiction and Supplimental Jurisdiction with some subheadings on Joinder and Counterclaims). I straight up ROCKED those questions. Awesome! I’m beginning to feel pretty good about this stuff.

If I can make it through this wrist pain… and type for 6 hours a day in a few weeks, I’ll survive this bar yet. So, here’s to hoping.

So, having done Torts and three extra essays for the day, I’m feeling pretty good. I might even take the night off and do something fun!

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