Homework – 1L Week Three


Note: § – denotes “section”

[X] Add course to TWEN
[ ] Attend Family/Matrimonial session @ 1PM
[ ] Attend Intellectual Property session @ 2:15PM

[X] Tuesday: pp 124-147, 148-157; RP 28 §§ 1367, 1441-46 (3 cases + reading)
[X] Wednesday: pp 158-175 (makeup class from 4pm-6pm) (5 cases)
[X] Thursday: pp 176-197

[X] Monday: pp 78-86, 89-100
[X] Wednesday: pp 100-115; Review
[ ] Extra: Begin typing up notes to date & creating outline

[X] Monday: Neumann pp 127-136; Just Writing Ch. 6
[X] Practice Analysis 3 due on TWEN by 10AM
[X] Wednesday: Review Practice Analysis 3
[ ] Assignment 1 due on TWEN by 4PM FRIDAY

[X] Tuesday: Negligence Generally pp 133-143, 145-50
[ ] Thursday: 150-174; Pattern Jury Instructions (PJI) 2:12

Homework – 1L Week Two


Pretty boring. I’m no good at updating and keeping paper planners but putting up my homework for the week on WordPress is something I have been doing for a while 🙂 Instead of breaking up assignments by day, I’m going to break them up by subject I think. And if I don’t like that, I’ll switch back to day.

This is a pretty typical weekly schedule. In fact, it’s on the lighter side because Legal Writing hasn’t started giving out any official graded assignments yet. So…if you really wanna go to law school, make sure you can do the work! Cuz there’s a hell of a lot of it.

Note: § – denotes “section”

[ ] Class does not begin until September 13

[X] Tuesday: pp 59-92 (Casebook); Marshall v. Marshall; Federal Rules of Civil Procedure (RP) 28 U.S.C. §§ 1332, 1335; Fed.R.Civ.P. 22
[ ] Thursday: pp 93-123 (Casebook); RP 28 U.S.C. § 1331, 2201

[X] Monday: Casebook pp. 40-64
[ ] Wednesday: pp. 64-76

[X] Monday: No class; Practice Analysis #2 due @ 10AM Tuesday
[X] Wednesday: Bring hard copy of Analysis; Neumann pp 37-42, 53-60, 117-125; Just Writing Ch. 9

[X] Tuesday: Trespass and Conversion pp 68-70, 81-91 (2 cases + reading)
[ ] Thursday: Defenses pp 92-132 (10 cases + reading); from supplement – Penal L. §§ 35.05, .10, .15, .20, .25; Public Health L. §§ 3000-a; Miglino v. Bally Total Fitness of Greater New York, Inc., Gen. Bus. L. §§ 218

Pursuing other careers

I have decided that the time has come to think about other career options. I’m just not cut out for law. As much as my heart wants it, LET’S BE HONEST – my standardized test scores and GPA simply aren’t competitive enough. 

I have applied to law schools, a few of them, but I don’t honestly expect to get into any. If I don’t, then I need to pursue other career options and really re-evaluate where my life is taking me.

I’m thinking of doing some research into the teaching field and how much extra schooling that would require. 

Seventeen years of chasing the dream later, I’m finally waking up.

One passion?

January 13, 2013 – Late Night Thoughts

I tried to set up a motivational songs playlist – you can see it on Spotify if you know how to stalk me through those things. I signed up with my name (Pryanka Arora) and main email address (blishful@gmail.com) if that makes things easier. I added the songs Motivation (Kelly Rowland, Lil Wayne), I Believe I Can Fly (R. Kelly), Stronger (Kanye West), We Will Rock You (Queen), and Total Eclipse of the Heart (Queen). Then I played a random song and set to work typing up this post.

But whatever thoughts had been pouring out of me dying to be written suddenly got stage fright and disappeared. So I guess this is just one of those nights that I don’t need music on. It was distracting me! That’s a first.

I wanted to talk about firsts today too. Today is the first time I don’t feel like wearing nail polish on my fingers. In fact, I have this strong urge to go downstairs right now and wipe off Sinful Colors, Blue By You, off my nails before I continue writing. I don’t know where this is coming from or why I feel such vehement distaste towards polish on my nails suddenly, but there is no denying that it is there. I have not gone a single day without painted nails once I stumbled across my fascination/addiction/obsession with nail polish in late 2011. It is now January 2013 and this week, I left my nails bare on Wednesday. And after typing this post, I am probably going to remove my polish once more.

I know that people change and it’s nothing to freak out about, but in my typical fashion of overthinking things and drawing out connections, I feel like this week, my passion for nail art is dimming. I am sure it will revitalize or change gradually into a gentler calling.

Passion. I never want to be criticized for not having enough passion. With my career, with my family, with my hobbies – I want to be passionate. I never want to do something I am not passionate about. And it is not until recently that I began to experience so much depression, anxiety, and doubt when it came to law.

Guys, I WANT TO BE A LAWYER. I have wanted to be a lawyer since I can remember. Dreams can change, and it’s okay. But this isn’t even a dream. It is my one goal, ambition, purpose, and passion. My ONE career choice that I felt undying passion and draw to.

Then it came down to it and I underperformed on the LSAT. Maybe not the end of the world, but crushing to my self-esteem and confidence. To my passion.

I feel as though when I lost that passion, I tried to fill in the gaps with things like nail art, beauty blogging, makeup and skincare products, nail polish, and dating. My writing suffered, my academics suffered, and certainly, the law school application process has suffered.

I don’t have a single letter of rec yet, though I brought up the subject with my Professors and Bosses back in November. I just dropped it all. What happened to my passion? WHERE IS IT?

I need it back. I want to be a lawyer. I need to write the BEST essay ever and convince them, in two double-spaced pages, that if they look beyond the numbers, they will see a woman who wants it desperately. Who envisions herself as a lawyer, and who knows she will be a success.

But can I only handle one passion at a time? When I am trying to revitalize my passion for law, why do I find my love of nail polish faltering? Why am I no longer writing creatively? Why have I not done anything in Photoshop in MONTHS???

I still want to be passionate 😦 Help me find my passions. I can’t pick just one.

After I typed up this post, I did actually go down to get my polish remover and open up Youtube to catch up on my subscribed channels. iisuperwomanii posted a new video, and it furthered my melancholy mood 😦 RIP to her grandfather, please watch this extremely moving and emotional and uplifting video though…it has an important message. It felt like she was speaking right to me. Right to my fears and emotions.

I know I am ending this on a serious note, and my heart is just breaking for what she is going through, but I think it’s an important message that I really needed to hear.

What I want to say to you is that in 2013, you will fall. You will get upset, you will get heartbroken, things will go wrong. And what I want to tell you is that you don’t need to wait until the end of the year to decide it’s a new beginning. Every single day, any day you choose can be a new beginning. So in 2013, if something doesn’t go your way, don’t think “Oh, that’s it, the year is done, I can’t do anything.” No! Wake up the next morning, and make it happen. 2013 is your year, I believe in you, follow your dreams. And when I say follow your dreams, that doesn’t mean dream about them. That means wake up and make it happen. Stop wishing, start doing. I believe in you.

Without Fear, Favor, or Sympathy

Today was my last day of Jury Duty! Unfortunately for me, because I was an alternate juror, I was not a part of the final jury that is deliberating today and tomorrow (and however long it takes thereafter to reach a unanimous decision). The other alternates and I were dismissed today and thanked by both attorneys.

The Honorable Judge even remembered where I study! Before I left his court for the last time, he calls out “Oh and Alternate 3, good luck at NYU”

I blushed. So awesome that he remembered!

After that we got to briefly meet both the defense and prosecution attorneys, and that was really amazing. What I found disconcerting (but cool) was the rapport they had with one another out of the courtroom. Not only cordial, they were swapping stories, laughing, and at ease with one another. I don’t know if the reason is that she has defended many people against the ADA who was prosecuting the case or what, but you would have thought them a pair of friends if you saw them outside of the courtroom.

To me, that’s crazy. All personal emotions and relationships need to be left outside of the courtroom, but no matter how competitive the case gets, they are able to look one another in the eye with no hatred afterwards. No resentment.

I wonder if someday in the future, I’ll discover the secret of how I can do that.

I totally wrote this post up on June 27, but never got around to posting it. Better late than never!

I do not know if and when the frequency of blog posts on my blog will become faster. I’m in a real writing rut right now, and haven’t been doing much graphic design either.

I expect no fear, favor, or sympathy from my readers either. I’m still around though, so don’t give up on me just yet!


I’m trying to visit law schools this summer, because I know that realistically speaking, it is highly unlikely that I get into a good law school in New York State. Mainly because NYS only has 3 really good law schools – Columbia, NYU, and Cornell – and they rank #3, 6, and 14 respectively. So I don’t think it’s wrong to consider my other options, spend time with friends, and also explore other colleges.

It’s just very frustrating that every time I bring up the subject of….my plans after graduation, my parent’s just take it for granted that I’m going to get into and attend NYU Law School. My dad tells me “Oh you told us that NYU had a 6 year program, that’s why we let you go” and time after time, I remind him that I said absolutely NO such thing. And he’s just rubbing it against me every time and he’s like, “Oh you’re so unreliable”

My mom’s concerns are pretty standard – she doesn’t want me to leave New York because she doesn’t think I’ll be able to survive out there in the big, bad, world. I mean one of her arguments is actually, “How are we supposed to move you in?”


She doesn’t get that.

As long as I stay within New York, she’s content feeding me bullshit about trust and freedom, but I don’t really have any freedom at all. The second I mention going somewhere else, she just shuts me off completely and feeds me one bullshit excuse after the next on why it’s an impossible idea. Not a bad one, but an impossible one. Completely dismisses me and just flat out says “NO” and stops listening. How am I supposed to reason with that?

I want to visit law schools this summer. I want to get out of New York for law school, and I want to travel regardless of where I end up going for law school. I want to spend this summer as far away from “home” as possible because I hate living at home for extended periods of time. I’ve hated it since about 10th grade. I’m sure I hurt their feelings when I so vehemently told them that I couldn’t wait to go to college, but the oppressive atmosphere at home is just really too much. I have to abide by their rules, and their rules are so old-fashioned and, as I said, oppressive..

It just makes me want to cry when they listen to me so dismissively. They refuse to acknowledge any alternate possibilities and I know that their dream reality is…probably never going to come true. So how am I going to live at home through the disappointment and pity  and anger on their faces when I don’t get in?

She actually had the nerve to throw Hofstra law at my face. Yeah well I’m not doing it. If that’s where I end up, I might as well abandon my plan of becoming a lawyer right now. I can’t end up there, I have to do well on the LSAT and escape. I just have to.

Pressure – Written in anger, unedited, probably complete crap but…words I had to get out of my chest.

There’s so much pressure
Pressure from my home, my family,
Their expectations are a crushing weight and
I’m just struggling to stay afloat.
They know I can do it,

I’m smart, I just have to study hard.
Well fine, but it isn’t THEM that’s putting in the hours.

Where’s your optimism?
Have a little faith in yourself.
They say.

And my family’s expectations,
those heavy, heavy expectations,
loom above me like a challenge and
I’m foolishly standing under their shaky chandelier.

As if I don’t know that I need to study.
I do. I KNOW.
But they aren’t the ones studying,
They don’t know how hard it is, and most of all,
They aren’t the ones with all those expectations of success.

Motivation, stamina, perseverence, endurance.
Just suck it up and study,
They say.

Well that’s fine, but what if studying isn’t all I need?
I need recommendations and I need a good GPA
And guess what, I’m not as smart as they think I am,
Because I don’t even have a good GPA.

It’s just difficult, every time I speak to my mother and
Hear her talk about attending NYU Law. In her perfect
little dream world with all the stupid statistics
That don’t mean a THING. But no, in her world, they mean
That I’m going to NYU Law.

That’s ranked #5 in the nation. Maybe 6.
Either way, that’s a hell of a small number,
When I consider how many law schools there are in this nation.
How am I supposed to get into #5?

What am I, really?
I enjoy graphic design.
I write.
I read. A lot.
I express myself in poetry and
Sometimes in prose.
I have brown eyes.

I am short, not thin,
I’m not always funny, I’m sort of awkward.

Not girlfriend material,
I’ve been told time and time again.

I’m just upset and sad and
Under a lot of that pressure to
Do better than I think I can and
Try not to fail everybody in my family.

They just think we’re naturally good at it,
But I know I’ve slacked. I could have done better,
But let’s face it. I came to college and for the first time,
I wasn’t on par with everybody else.
PEOPLE WERE JUST BETTER THAN ME even when they weren’t trying.

How am I supposed to beat them and get their spot
In NYU Law, when they have gotten better grades than I
Every single step of the way.

This is stupid,
Who do I really think I am?
How am I supposed to achieve my goals
When my family is setting them for me,
Much higher than they should be
And I’m floundering and they don’t understand
And I can’t speak to them about it because
They just don’t understand and…

And they think that I’m throwing it all away.
If I just studied a little harder, spent a little less time with friends.

And that’s fine, I could have done that. It wouldn’t have changed my grades,
My papers would still be the same.
But I’m still just a B+ student
And a B+ doesn’t get you into NYU Law.

I just wish my parents could see.

Back to the LSAT!

The NYU Pre-Professional Advising Office just sent out a batch of e-mails this week, and one of them forwarded a schedule of Kaplan LSAT classes from now till the June LSAT (And for some reason, a little bit after). I’m not taking the LSAT in June but it is good practice regardless, and a reason to wake up and study and get myself into a routine.

Plus, the word “free” in the e-mail title helped.

So here they are, a list of dates that Kaplan will be offering 2 hour long free LSAT prep courses!

  • LSAT 10 Question Challenge, Wednesday, 5/30, 7-9pm, Kaplan Headquarters (395 Hudson Street, New York, NY)
  • Free LSAT Prep: Logical Reasoning with Jeff Boudreau, 6/5, 7-9pm, Kaplan Midtown Office (131 W, 56th St., New York, NY)
  • Free LSAT Prep: Logical Reasoning with Jeff Boudreau, 6/6, 7-9pm, Kaplan Headquarters (395 Hudson Street, New York, NY)
  • Free LSAT Prep: Logic Games with Jeff Boudreau, 6/12, 7-9pm, Kaplan Midtown Office (131 W, 56th St., New York, NY)
  • Free LSAT Prep: Logic Games with Jeff Boudreau, 6/13, 7-9pm, Kaplan Headquarters (395 Hudson Street, New York, NY)
  • Free LSAT Practice Test, 6/19, 6:30-10:30pm, Kaplan Village Office (16 Cooper Square, New York, NY)


Be aware that you might need a University affiliation with either a CUNY (City Universities of New York) or another NYC based private college (NYU, Columbia, Fordham, Pace, etc)

Awesome. I’ll add these dates into my HTC’s calendar so I don’t forget 🙂

Off to do some household chores and kill time, bbl. With another post! Hopefully one that is more in the form of a standard blog entry.



Day 26: Breaking the Law

Day 26 — I would break the law to save a loved one if…

I’d like to say that I’m an extremely scrupulous and moral person. I’d like to, but I can’t because I’m not. I don’t abide by all the rules – that’s no fun. I think my childhood turned me into a rebellious person, or maybe my childhood was so difficult because I had always been one. Whatever the case may be, I usually have no issues breaking the law.

Senior ditch day? Check.

Lying to get myself out of trouble? Check.

Drinking before the age of 21? Check.

I know these are minor offenses, but my point is – if I’m not a model citizen on my own, I don’t think I’d become a model citizen when doing the “right” thing meant putting my loved ones in danger. I don’t know how far I would go though.

I think if I knew the person was guilty, no matter how much I loved him or her, I would try my best to stay out of it. That way I’m not ratting them out, but I’m also not their accomplice. If I don’t know anything, I’m not expected to do anything about it. A silent concession, I guess.

If it was something like…having to murder or commit a bank robbery…yeah I’m not that brave.

But the small things, like stealing a bottle of nail polish from a store. Hey, I’m not telling. It’s whatever, nobody else got hurt.

So breaking the law to save a loved one is fine as long as nobody is getting hurt…that’s my opinion. Obviously I’m hoping that nobody gets caught either way, but I’d rather get caught running a red light than pointing a gun at somebody else’s head. For obvious reasons.


List of rules and questions is here

Please take a moment to check out the other wonderful blogs participating in 30 days of Blogging Honesty with me!

The Roots. Lost.

This song beckoned to my heart back in 11th grade. Maybe 12th. When I first heard it, it left me in a trance. The lyrics are just so SALIENT – I think most people can relate with a line. Actually, most people can relate to many of the lines in this song.

Anyway, when I applied to New York University, one of our questions involved a song. I can’t remember exactly what we had to do with this song – we were supposed to either sing it in a hypothetical karaoke situation or just explain why it touched us. This was the song I picked back in November 2008 when I was applying to college. Now its January 2012, so many years later, and that song still holds true. I’m still a small fish in a big pond.

I still feel lost sometimes. And now more than ever. I have LSAT’s coming up in June. I don’t even know if I’m TAKING them in June or waiting until October. Part of me wants to get it done and over with, but another part of me is worried that I will never be prepared enough. I guess I’m just waiting for the “shine” to wear off. Just waiting until somebody blows my cover and gives me a reality check and tells me to listen up and accept that with my GPA, some things will never be.

I guess I’m still kind of lost. I’ve been so wrapped up in my lifelong dream of becoming a lawyer that I never planned a backup. There has never been ANYTHING I have wanted to pursue more than a career in law. What if I don’t make it?

So I’m hoping I’ll make it. I’m praying I do because only God knows what will become of my life if I don’t get into an amazing law school after graduation. I don’t know what I’m going to do with myself. Not a single clue. AHH.

Small fish in a big pond. This song reminds me of a similarly disillusioned Pryanka in 12th grade. That one got into NYU for her undergraduate degree. This one’s going to get her ass into an amazing law school.

That’s the attitude this song inspired. Cheers to hoping I can do it again.

Cheers to KNOWING that I can.

Breach of Fiduciary Duty

My second in a series of litigation-related personal responses since I’ve started my internship this semester. The first related to Dismissal of Action regulations. That one was simple – a matter of formality to be submitted to the Courts after a settlement had been reached.

The case I’ve been reading now is much more different. It is more involved, its an ongoing lawsuit, and it involves equities more than trademarks. Before I begin to generally discuss my new knowledge (Because case specifics would be unethical to discuss with respect to multiple privacy concerns), I’ll start us off with some lovely legal jargon necessary to understand what I’m saying.

I want to preface this by saying that prior to reading through this case and researching terminology when needed, I did not know any of the below legal jargon myself. So don’t worry – I’m not that much of a smartypants. I had to look it up/ask the attorney multiple times.

What use is a post about Fiduciary duty if you don’t know what fiduciary means! That’s where I’m going to start.

1. Fiduciary

1) n. from the Latin fiducia, meaning “trust,” a person (or a business like a bank or stock brokerage) who has the power and obligation to act for another (often called the beneficiary) under circumstances which require total trust, good faith and honesty. Characteristically, the fiduciary has greater knowledge and expertise about the matters being handled. A fiduciary is held to a standard of conduct and trust above that of a stranger or of a casual business person. He/she/it must avoid “self-dealing” or “conflicts of interests” in which the potential benefit to the fiduciary is in conflict with what is best for the person who trusts him/her/it.While a fiduciary and the beneficiary may join together in a business venture or a purchase of property, the best interest of the beneficiary must be primary, and absolute candor is required of the fiduciary. (Emphasis added)

2. Information and Belief

n. a phrase often used in legal pleadings (complaints and answers in a lawsuit), declarations under penalty of perjury, and affidavits under oath, in which the person making the statement or allegation qualifies it. In effect, he/she says: “I am only stating what I have been told, and I believe it.” This makes clear about which statements he/she does not have sure-fire, personal knowledge (perhaps it is just hearsay or surmise), and protects the maker of the statement from claims of outright falsehood or perjury.

3. In perpetuity

adj. forever, as in one’s right to keep the profits from the land in perpetuity.
In my case, our client receives a royalty income in perpetuity.

4. Limited Liability Company (LLC)

I have seen law firms with LLC at the ends of their names for years now. I finally took it upon myself to google it. I don’t think I can condense the regulations and definitions of an LLC into a few lines. Please click me to read the IRS’s description about limited liability companies.

5. Inter Alia

I’ve never seen this used. It’s just Latin for “among others” (pretty cool!)
(in-tur eh-lee-ah) prep. Latin for “among other things.” This phrase is often found in legal pleadings and writings to specify one example out of many possibilities. Example: “The judge said, inter alia, that the time to file the action had passed.”

6. Arrears

n. money not paid when due, usually the sum of a series of unpaid amounts, such as rent, installments on an account or promissory note, or monthly child support.

7. Unjust Enrichment

n. a benefit by chance, mistake or another’s misfortune for which the one enriched has not paid or worked and morally and ethically should not keep. If the money or property received rightly should have been delivered or belonged to another, then the party enriched must make restitution to the rightful owner. Usually a court will order such restitution if a lawsuit is brought by the party who should have the money or property.

8. Constructive Trust

A relationship by which a person who has obtained title to property has an equitable duty to transfer it to another, to whom it rightfully belongs, on the basis that the acquisition or retention of it is wrongful and would unjustly enrich the person if he or she were allowed to retain it.

A constructive trust does not arise because of the expressed intent of a settlor, one who establishes a trust. It is created by a court whenever title to property is held by a person who, in fairness, should not be permitted to retain it. It is frequently based on disloyalty or other breach of trust by an express trustee (the person appointed or required by law to execute a trust), and it is also created where no express trust is created but property is obtained or retained by other Unconscionable conduct.

The right to a constructive trust is generally an alternative remedy. The aggrieved party can choose between a trust and other relief at law, such as recovery of money wrongfully taken, but cannot obtain both types of relief.

The decree establishing the constructive trust requires the defendant to deliver possession and convey title to the property and to pay to the plaintiff profits received or rental value during the period of wrongful holding and otherwise to adjust the equities of the parties after taking an accounting.

9. Unconscionable Means

When a court uses the word unconscionable to describe conduct, it means that the conduct does not conform to the dictates of conscience. In addition, when something is judged unconscionable, a court will refuse to allow the perpetrator of the conduct to benefit.

In contract law an unconscionable contract is one that is unjust or extremely one-sided in favor of the person who has the superior bargaining power. An unconscionable contract is one that no person who is mentally competent would enter into and that no fair and honest person would accept. Courts find that unconscionable contracts usually result from the exploitation of consumers who are often poorly educated, impoverished, and unable to find the best price available in the competitive marketplace.

Unconscionability is determined by examining the circumstances of the parties when the contract was made; these circumstances include, for example, the bargaining power, age, and mental capacity of the parties. The doctrine is applied only where it would be an affront to the integrity of the judicial system to enforce such contracts.

Unconscionable conduct is also found in acts of Fraud and deceit, where the deliberate Misrepresentation of fact deprives someone of a valuable possession. Whenever someone takes unconscionable advantage of another person, the action may be treated as criminal fraud or the civil action of deceit.

10. Quantum Meruit

n. Latin for “as much as he deserved,” the actual value of services performed. Quantum meruit determines the amount to be paid for services when no contract exists or when there is doubt as to the amount due for the work performed but done under circumstances when payment could be expected. If a person sues for payment for services in such circumstances the judge or jury will calculate the amount due based on time and usual rate of pay or the customary charge, based on quantum meruit by implying a contract existed.


So…a lot of learning right there. That’s why I love this internship! I learn so, SO much every single time. Actually, I got an e-mail today morning – my attorney invited me to come along with them to court where they were going to be contesting for sanctions for the defendant (We are representing the plaintiff in this case)

I’ve read the case action against the defendant from the plantiff’s POV so far. It was quite interesting, but quite long as well. I crammed in the rest of it during lunch break, that’s how fascinated I was while reading the case and observing how our firm retold the story, pointed out breaches and nicely summed up quite an insulting case action against the defendant. We’re accusing them of fraud, malpractice, embezzlement…you name it. The lawsuit is going to be for some ridiculously high amount like $30-50 million dollars. (Estimated. I don’t want you googling this!)

But really, QUITE fascinating. I’m really bummed I couldn’t join with the team and observe them in court today. Maybe next time. I hope so, next time! This case is going to be my baby – I’m going to see it through to its completion, however it may turn out.

Being somebody’s fiduciary is like…being their trusted/loved one. And then breaching that fiduciary trust is convincing them that you have their interest at heart, convincing them to give you POA, and then slowly diverting all of their income to yourself. Its pretty extreme – people tell their significant other that they’ll just help them manage their finances, but the reality is that they aren’t paying the bills, taxes, or pension funds. They’re literally stealing away your livelihood and all the while, you don’t suspect a thing until its too late, your trust funds are all gone, and you find yourself broke.

Ridiculous! This is why I don’t want to be too rich. You make far too many enemies.