Rule of Law: Government in all of its actions is bound by rules fixed and announced beforehand - rules which make it possible to forsee with fair certianty how authority will use its coercive powers in given circumstances and to plan one's individual affairs on the basis of this knowledge.
(F.A. Hayek) The Road to Serfdom

Sunday, August 22, 2010

Final Legs of the Trip

On the way back from Seattle,WA, I had to stop in Oregon to get gas, and to my surprise, Oregon has a very strange law. It is Illegal to pump your own gas. The girl working at the filling station informed me of this strange law  as she pumped my gas. The union in that state is afraid that they are losing jobs and so they passed a law six years ago that makes it illegal to pump your own gas. This forces there to be at least two people working at a gas station at any given time. This also increases the price of gas. Although probably passed with the best of intentions, the road to hell is paved with good intentions. If job creation is the only goal, I have a great way to create jobs. We could pay thugs money (1st job) to throw special window breaking bricks (2nd job to make the bricks) through the windows of shop owners. Then have insurance companies fill out claim (3rd job insurance agent)and window replacers fix the damaged property (4th job). If you fail to see how this is the same logic, you are falling for the same ruse that the Oregon legislature fell for. The creation of jobs is not a goal that lives in a bubble. Every law has an impact on the rest of the economy and the rest of the individuals.

With an extra employee, there is an increased cost for the owner of the gas station. This employee will not bear the whole cost of that employee though, some of that cost is passed along to the consumer. This consumer is either an employed individual, who now has less money to spend n things he would enjoy because he is spending more on gas, or even worse, now has fallen below the level where driving to work is profitable and he has to leave his job. On the other hand, the unemployed individual, who used to be able to drive to interviews, can no longer afford to look for work becasue the cost of transportation has gotten two high. This individual will remain unemployed and remain a cost to the state, further increase the taxes of the rest of the citizens of the state.

With all of the negative consequences that result from this absurd law, who benefits from this legislation? One person, the girl who pumped my gas. She now has a job, where she may have not had a job before. The cost per person is slight and the benefit to her is relatively great. Therefore, people don’t complain about the slight increase and harold the great job legislature did by creating jobs.

Oregon, it is time to think about the impact of your decisions outside of the little bubble that this law encompasses. Let this be a warning to the other states as well, people will eventually catch on the the rising costs everyone bears to help the few. Fiscal responsibility should be the word of the day, everyday, for lawmakers of this country.

Pictures from Jackson Hole Through Seattle

Washington Leg of Trip 2010 003

Washington Leg of Trip 2010 023

Washington Leg of Trip 2010 070

Washington Leg of Trip 2010 088

Washington Leg of Trip 2010 192

Washington Leg of Trip 2010 201

Washington Leg of Trip 2010 205

Washington Leg of Trip 2010 208

Tuesday, August 10, 2010

Names and Locations

    Day 1 (8/11/10)

    R & R Campground

    clip_image001

    1700 South Burr Street, Mitchell, SD 57301-4559

    (605) 996-8895

    clip_image002

     

    Day 2 (8/12/10)

    SPOKANE CREEK

    Cabins & Campground

    24631 Iron Mountain Rd.

    Keystone, South Dakota 57751

    ( 605 ) 666-4609

    <http://www.spokanecreekresort.com/home.html>

    clip_image003

    Flying T Chuckwagon @ 6:00 P.M.

    8971 Hwy 16 South

    Rapid City, SD 57702

     

    Days 3,4,5,and 6 (8/13/10 -8/17/10)

    Bridge Bay Campground

    Yellowstone National Park

     

    Day 7 (8/17/10)

    Jackson Hotel Lodge

    420 W. Broadway

    Jackson, WY 8300

    1 (800) 604-9404

     

    Days 8,9,and 10 (18th, 19th, 20th)leave on 21st

    Best Western Evergreen Inn & Suites 

    32124 25th Avenue S,  Federal Way,  WA,  98003-6014, 

    clip_image004

Monday, August 2, 2010

Unrelated to law…but Important

I went to a party,
And remembered what you said.
You told me not to drink, Mom,
So I had a sprite instead.
I felt proud of myself,
The way you said I would,
That I didn't drink and drive,
Though some friends said I should.
I made a healthy choice,
And your advice to me was right.
The party finally ended,
And the kids drove out of sight..
I got into my car,
Sure to get home in one piece.
I never knew what was coming, Mom,
Something I expected least.
Now I'm lying on the pavement,
And I hear the policeman say,
The kid that caused this wreck was drunk,
Mom, his voice seems far away.
My own blood's all around me,
As I try hard not to cry...
I can hear the paramedic say,
This girl is going to die.
I'm sure the guy had no idea,
While he was flying high.
Because he chose to drink and drive,
Now I would have to die.
So why do people do it, Mom
Knowing that it ruins lives?
And now the pain is cutting me,
Like a hundred stabbing knives.
Tell sister not to be afraid, Mom
Tell daddy to be brave.
And when I go to heaven,
Put ' Mommy's Girl' on my grave..
Someone should have taught him,
That it's wrong to drink and drive.
Maybe if his parents had,
I'd still be alive.
My breath is getting shorter,
Mom I'm getting really scared
These are my final moments,
And I'm so unprepared.
I wish that you could hold me Mom,
As I lie here and die..
I wish that I could say, 'I love you, Mom!'
So I love you and good-bye.


MADD (Mothers Against Drunk Drivers)

Wednesday, July 14, 2010

Instructions for the Bar…Isn’t this a little restrictive:(

Illinois Board of Admissions to the Bar

Two Day Examination Instructions for Handwriting Applicants

July 27-28, 2010

Please be advised that you are registered for BOTH DAYS of the Illinois bar examination. Be in your assigned seat by 8:00 AM Tuesday, July 27. Roll call, identity verification, and instructions begin at 8:00. The examination begins at 8:30 sharp.

Applicants are prohibited from bringing into a test room or possessing at any test site cell phones, iPods, and other electronic and mechanical devices throughout the administration of the exam. Applicants may not use or have in their possession or at or near their testing seats any watches, sunglasses, pens, pencils, and other writing instruments including without limitation, highlighters and markers, OTHER THAN applicants’ own pens on Tuesday, and pencils provided by the Board at the time of the MBE examination.

On Tuesday, applicants are required to bring non-erasable pens in blue or black ink; pens will NOT be provided by the Board. Any pens in your possession must be placed on the table in front of you. Pens may not be stored in a pocket or otherwise on your person during the administration of the examination. All watches, sunglasses, pencils, markers, and highlighters must be placed away from the applicants in the space designated by proctors at the front of the test room, along with purses, bags, backpacks, study materials, and other personal possessions that applicants may not have on their persons or at or near their test seats during the administration of the exam.

On Wednesday, applicants will receive 2 sharpened pencils for answering the MBE. All watches, sunglasses, pens, privately-owned pencils, markers, and highlighters must be placed away from the applicants in the space designated by proctors at the front of the test room, along with purses, bags, backpacks, study materials, and other personal possessions that applicants may not have on their persons or at or near their test seats during the administration of the exam. Manual sharpeners will be available at the proctor tables. Pencils may be exchanged only in pairs; if both pencils become unusable or have depleted erasers, the 2 failed pencils may be exchanged at proctor tables for 2 replacement pencils.

The current rules regulating cell phones, iPods, and other electronic and mechanical devices, as well as rules regulating personal items and study materials, are set forth below. Any applicant who violates any one of these rules shall be immediately dismissed from the examination and deemed to have failed. Please read and follow carefully; the rules will be strictly enforced and no exceptions are made.

RULES

1. Beginning when a proctor first begins to address a group of applicants at the beginning of each session of the examination, continuing throughout the administration of the examination, including restroom breaks and any planned or unplanned interruption of the examination, such as a fire alarm requiring evacuation of the building, and ending only after the applicant has been dismissed by a proctor and exited the test room after one of the 4 sessions of the exam, the following rule applies: Applicants are STRICTLY PROHIBITED from bringing into a test room or possessing at any examination site CELL PHONES, iPODS, and all other electronic devices, including without limitation pagers, digital watches and other timepieces with computer communication and/or memory capability, audible alarms, handheld computers, wireless email devices, PDA's, any other similar or dissimilar computer devices and aids, calculators, cameras or other picture-taking devices, sound recorders, and sound receptors, including headphones and headsets, and any aids of any kind; and

2. Beginning immediately after a proctor directs applicants to deposit personal items in the designated common area at the front of the test room, continuing throughout the administration of the examination, including restroom breaks and any planned or unplanned interruption of the examination, such as a fire alarm requiring evacuation of the building, and ending only after the applicant has been dismissed by a proctor and exited the test room after one of the 4 sessions of the exam, the following rule applies: Applicants are also STRICTLY PROHIBITED from having on their persons or at or near their testing seats any watches, sunglasses, jackets, coats, gloves, purses, bags, packs, briefcases, books, study materials, papers, and writing instruments including without limitation markers and highlighters, OTHER THAN applicants’ photo IDs, earplugs, seat vouchers, and papers furnished by proctors at the time of the examination for use during the session in progress. Except for items of religious apparel, applicants are STRICTLY PROHIBITED from covering their ears or heads with hoods, hats, headphones, or any other garment or object during the administration of the examination; ears and heads must be fully exposed at all times. Subject to the foregoing, sweaters or sweatshirts may be worn, but are subject to search. ON TUESDAY, during the essay portions of the exam, applicants may also have pens, but no pencils or other writing instruments including without limitation markers and highlighters, at their test seat. Any pens in your possession must be placed on the table in front of you. Pens may not be stored in a pocket or otherwise on your person during the administration of the examination. ON WEDNESDAY, during the MBE portions of the examination, applicants may not have pens, pencils, or other writing instruments at their seats OTHER THAN pencils distributed by the proctors at the time of the examination for use during the session in progress.

In other words, applicants may NOT bring cell phones, iPods, and other electronic devices referenced in preceding paragraph 1 into the test room or possess any such items at the test site during the administration of the examination. Applicants MAY bring into the test room the personal items and study materials referenced in preceding paragraph 2, but all such items must be placed away from the applicants in a designated area at the front of the room near the proctor table; applicants may not have such items on their persons or at or near their testing seats.

Simple analog watches are allowed in test rooms but must be left with other personal property in the area designated by the proctors, however, applicants are STRICTLY PROHIBITED from bringing into a test room or possessing at any examination site digital watches and other timepieces with computer communication and/or memory. Any applicant who does so will be dismissed from the examination and deemed to have failed.

ADDITIONAL INFORMATION

Any applicant requiring access to a medicine or other medically necessary item during the course of the examination must so advise the Board in writing in advance of the exam. 1. Approved medicine and medical items must then be placed in a clear plastic bag labeled with the applicant's name and delivered to a proctor prior to the commencement of the exam for inspection, safekeeping, and dispensing during the exam in accordance with instructions. 2. Any watches, eyeglasses, sunglasses, outerwear, gloves, head wear (except items of religious apparel), earplugs, purses, bags, packs, briefcases, books, study materials and papers brought into any examination room will be subject to thorough inspection by proctors and other agents of the Board. 3. Any watches, sunglasses, outerwear (applies to jackets or coats; sweaters or sweatshirts are permitted, but subject to search, and hoods of any kind of are not allowed to be worn over ears or heads), gloves, head wear (except items of religious apparel), purses, bags, packs, briefcases, books, study materials and papers brought into any examination room must be placed at a single common area designated at the front of the room by the proctors. 4. There will be no storage facilities at examination sites. The Board will not permit its proctors or staff to accept or hold for safekeeping any personal property of any applicant. Items left unattended outside test rooms will likely be confiscated by security. The Board assumes no responsibility for any loss or damage of personal property. Please leave prohibited items at home, in your hotel room, or in your car.

While the examination is in progress, you may not leave the building, return to your hotel room, or obtain access to a locker, suitcase, or any other container, cache or source of personal property or information. During portions of the examination, you are permitted to leave the room briefly only to use the closest available restroom.

CONSEQUENCES OF VIOLATION OF RULE(S)

1. Beginning when a proctor first begins to address a group of applicants at the beginning of each session of the examination, continuing throughout the administration of the examination, including restroom breaks and any planned or unplanned interruption of the examination, and ending only after the applicant has been dismissed by a proctor and exited the test room after one of the 4 sessions of the exam, any applicant bringing or having brought into a test room or possessing or having possessed at any examination site any cell phone, iPod, or other electronic device; and/or

2. Beginning immediately after a proctor directs applicants to deposit personal items in the designated common area at the front of the test room, continuing throughout the administration of the examination, including restroom breaks and any planned or unplanned interruption of the examination, and ending only after the applicant has been dismissed by a proctor and exited the test room after one of the 4 sessions of the exam, any applicant having on his/her person or at or near his/her testing seat any prohibited personal item or study material SHALL be immediately dismissed from the examination and deemed to have failed. These rules will be strictly enforced, and no exceptions will be made.

The examination schedule is as follows:

TUESDAY

8:00-8:30 Identity verification, roll call, and instructions. Please place your photo ID, seat voucher, earplugs (for use once exam begins) and pens next to the blue seat card on the table or desk top in front of you. Pens must be placed on the table in front of you; they may not be stored in a pocket or otherwise on your person during the administration of the examination.

Applicants arriving late but not more than 40 minutes after the start of the examination at 8:30 may be admitted; however NO extra time for writing the exam will be allowed. Applicants arriving more than 40 minutes after the start of the examination will be disqualified and deemed absent from the examination.

8:30-10:00 Examination begins with three Illinois Essay (IEE) questions.

10:00-10:15 Proctors collect and account for all IEE materials and distribute Multistate Performance Test (MPT) materials.

Applicants are not permitted to leave their test rooms to visit a restroom or for any other purpose between the IEE and MPT portions of the test. At the conclusion of the IEE, applicants must remain in their assigned seats while IEE test materials are collected and MPT test materials are distributed. Applicants will be allowed to keep their Illinois Essay Examination question book but will NOT be allowed to remove from a testing room any of the three IEE answer booklets even if one or more of the answer booklets is blank. At this time, additional information and instructions for the MPT will be provided by a proctor.

10:15-11:45 MPT session.

11:45-12:00 Proctors collect and account for all MPT materials. Applicants may be dismissed for lunch ONLY after proctors account for all IEE and MPT test materials.

1:00-1:30 Applicants must return to their assigned seats by 1:00. Roll is called for afternoon session, and IDs are checked. Place your photo ID, seat voucher, earplugs (for use once exam begins) and pens next to the blue seat card on the table or desk top in front of you. Pens must be placed on the table in front of you; they may not be stored in a pocket or otherwise on your person during the administration of the examination.

1:30-4:30 Examination resumes with six Multistate Essay (MEE) questions.

4:30-4:45 Proctors collect and account for all MEE materials. Applicants may be dismissed ONLY after proctors account for all test materials. Applicants will NOT be allowed to keep their MEE question books and will NOT be allowed to remove from a testing room any of the six MEE answer booklets even if one or more of the answer booklets is blank.

Applicants will return Wednesday morning at 8:15 for the Multistate Bar Examination (MBE).

Each IEE and MEE answer booklet is numbered to correspond with a particular question; e.g., answer booklet number 1 is to be used to answer question number 1. You must use the proper answer booklet for each of your answers and all answer booklets must be turned in at the end of each session.

Each of the IEE and MEE answer booklets contains two pages bearing lines on both sides. The MPT answer booklet contains four pages bearing lines on both sides. In answering the IEE, MPT and MEE portions of the examination, you may write on both sides of all of the lined pages in the answer booklets. However, you must confine your writing to the printed lines and you must not exceed one handwritten line per printed line. Portions of answers which exceed these limitations will be disregarded by the Board. You may use the inside covers of the answer books to make notes or outline your answers.

Read and analyze each question carefully. Write clearly and concisely and organize your answer. Confine your answer to a discussion of the particular issues raised by the question, but give a complete answer to those issues. If you present arguments for different possible views, be certain that you decide the issue.

The Illinois Essay Examination (IEE), Multistate Performance Test (MPT) and Multistate Essay Examination (MEE) are the written components of the Illinois bar examination. Quality of writing counts. Answers written in a form other than paragraphed essay form on the IEE and MEE will not receive full credit. Answers to the MPT must be in the form called for by the MPT question to receive full credit. Excessive use of abbreviations, such as symbols, acronyms and text-talk, may result in score reduction.

Your answer should demonstrate an understanding of the facts and a recognition of the issue(s) involved; it should also include a statement of the principles of law applicable and the reasoning employed to reach the conclusions. Questions are intended to be inquiries on fundamental points of law. Do not search for hidden meanings or remote exceptions, since none are intended. Let your answer represent your best judgment in each instance on the plain meaning of the question.

Please note that if you are absent from or do not fully complete the essay examination on Tuesday, you will not be allowed to write the Multistate Bar Examination on Wednesday.

WEDNESDAY

8:15-8:45 Identity verification, roll call and instructions. Please place photo ID, pencils distributed by your proctors, earplugs (for use once exam begins) and seat voucher next to the blue seat card on the table or desk top in front of you.

8:45-11:45 Morning session of Multistate Bar Examination (MBE).

11:45-12:00 Proctors collect and account for all morning MBE materials. Applicants will NOT be allowed to keep their MBE question books. Applicants must leave their Board pencils at their test seats. Applicants may be dismissed for lunch ONLY after proctors account for all test materials, and all applicants have left their Board pencils at their test seats.

1:00-1:30 Identity verification, roll call and instructions. Please place photo ID, pencils distributed by your proctors, earplugs (for use once exam begins) and seat voucher next to the blue seat card on the table or desk top in front of you.

1:30-4:30 Afternoon session of MBE.

4:30-4:45 Proctors collect and account for all afternoon MBE materials and Board pencils. Applicants will NOT be allowed to keep their MBE question books or Board pencils.

Applicants will not be allowed to leave the test room once the 30 minute warning is called, and applicants may be dismissed from the examination ONLY after proctors account for all test materials and pencils.

Applicants will not be dismissed before the end of either of the two MBE sessions on Wednesday. Those who finish early must remain in their seats until each three hour session has expired and all MBE test books, answer sheets, and pencils have been collected and accounted for. You should not expect the afternoon session to end before 4:45.

Administrative matters (e.g. instructions, ID verification, test and pencil collection and counting) may result in slight delays or other deviations from the above schedules.

Proctors in rooms without wall clocks will be provided either with a large clock and a stand that will be displayed on the proctor table at the front of the room or with one or more digital clocks that project the time in large numbers onto a wall applicants are facing. Each proctor will synchronize his or her watch with the wall clock or alternate clock displayed in the test room, and the examination will be timed precisely by the wall or display clock. Please rest assured that your proctor will accurately time the examination.

Do not continue to write or mark answers to questions after the proctor has made the announcement to stop writing and put down your pen or pencil. Under no circumstances will applicants be permitted extra time to complete essay answers or to mark MBE answer sheets after the announcement to stop has been made.

General Instructions and Information

PHOTO ID IS REQUIRED. You must bring with you to the examination a valid state driver's license or state identification card bearing your photograph, a valid local, state, or federal government employee identification card bearing your photograph, or a valid US passport. APPLICANTS WHO FAIL TO PRODUCE SUCH PHOTOGRAPHIC IDENTIFICATION WILL NOT BE PERMITTED TO WRITE THE EXAMINATION.

SEAT VOUCHER. You must print and bring your seat voucher to the examination. Your applicant number is printed under your name and to the left of your seat number on your seat voucher. You will need to print your applicant number on each answer booklet, and applicant number vouchers will not be distributed at the exam. Be certain that your 5-digit Applicant Number (not your seat number) is placed in the Applicant Number box on each of your answer booklets as well as on the front cover of the answer booklet envelopes. Do not place your name or any other mark of identification on your answer books or envelopes.

PENS AND PENCILS. On Tuesday, it is your responsibility to bring with you several pens with non-erasable blue or black ink. Any pens in your possession must be placed on the table in front of you. Pens may not be stored in a pocket or otherwise on your person during the administration of the examination. You may not have pencils, markers, or highlighters at or near your test seat. Write legibly and do not attempt to erase your pen markings; merely draw a line through words you wish the Board to ignore. On Wednesday, your proctors will distribute pencils. Use or possession at or near your test seat of any other pencil, pen, or other writing instrument, including a marker or highlighter, will result in your dismissal and failure of the exam. Manual pencil sharpeners will be available at proctor tables. Failed pencils may be replaced only in pairs.

DRESS. Dress is casual. Temperatures will vary among test sites. It may be warmer or cooler than you would like. Please layer your clothing and/or bring a sweater or sweatshirt for your comfort. During the examination, applicants are strictly prohibited from having on their persons or at or near their testing seats any watches, sunglasses, jackets, coats, and gloves. Except for items of religious apparel, applicants are STRICTLY PROHIBITED from covering their ears or heads with hoods, hats, headphones, or any other garment or object during the administration of the examination. While simple earplugs are allowed to be used, ears and heads must be fully exposed at all times. Subject to the foregoing, sweaters or sweatshirts may be worn, but are subject to search. Please do not wear flip-flops or other shoes that make loud or distracting noise when you walk. You must NOT wear or bring into the test room a digital watch or other timepiece with computer communication and/or memory capability or with an audible alarm; doing so will result in your dismissal and deemed failure of the exam. Simple analog watches brought into the test room must be placed with other personal belongings in the area designated by the proctors.

FOOD AND DRINK. No food or drink is permitted inside any test room. This includes candies, mints, and chewing gum; you may not chew or suck gum, mints or candy during the examination. Many restaurants are available in the vicinity of the test sites; however, because of time constraints and the large number of applicants taking the exam, you may prefer to bring a lunch. The Board does not provide a designated eating area at test sites, and some sites do not permit consumption of carried-in food on premises.

SMOKING. Smoking is not permitted at any test site or during the administration of the exam. Applicants may not leave the building to smoke or for any other purpose while the exam is in progress. Applicants may smoke outside of the building ONLY during lunch break and before and after the exam.

PROHIBITED COMMUNICATIONS. During the administration of the examination, including restroom breaks and any other planned or unplanned interruption of any session of the examination, applicants are prohibited from talking, using a telephone or other personal communication device or otherwise communicating with other applicants and with third parties other than proctors or other agents of the Board at the test site, in the restrooms, in the lobby, or at any other place.

COMPLAINTS. Please bring any complaint regarding a testing condition immediately to the attention of your lead proctor. S/he will generally be able effectively to address your concern. Any remaining complaint should be brought to the attention of your test site supervisor. Your proctors and/or test site supervisor will make every reasonable effort to remedy or ameliorate an unsatisfactory test condition. Applicants must be aware, however, that some test site problems are beyond the control of both the proctors and the Board (road construction, coughing applicants, etc.). Accordingly, you are advised to bring simple earplugs to the examination. Headphone and headset types are prohibited. All earplugs must be inspected and approved by a proctor prior to use.

SANCTIONS. In addition to the grounds for disqualification previously listed, an applicant will be subject to disqualification and other sanctions if s/he gives or receives aid in answering exam questions, begins reading or working on an exam segment before time to begin is announced, continues working on an exam segment after time to stop has been called, removes test materials or Board pencils from the room, or otherwise violates any written or oral exam instruction.

WITHDRAWAL. Do not withdraw from the examination before you have finished without reporting to a member of the Board of Admissions at the Wyndham Hotel, 633 N. St. Clair Street, either in person or by telephone. If you withdraw for any reason after receiving the first set of questions, you will be deemed to have failed.

Post Examination Matters

On or before October 15, your bar exam results will be posted to your user homepage at www.ibaby.org. Please be advised that at all times, the Board requires your current email address, mailing address, and phone numbers. You must immediately advise the Board of any change in this information by entering and saving the new information on your Personal Info page at www.ibaby.org . This is the only acceptable method for revising your personal information; the Board does not accept changes of email address, land address, or phone number by mail or fax. Do not report a change of contact information to your proctor.

The results of the bar examination are final. Appeals are not permitted, and the Board will not entertain requests for review, regrading, or other relief.

Essay Examination Inspection Sessions

In the unfortunate event that you fail this bar examination, you will have an opportunity to inspect your answers to the essay examinations, along with a sample passing answer to each question, on Saturday, November 13, 2010, from 9 AM till noon at a specified location in Chicago or Collinsville, Illinois. Instructions, information and inspection registration forms will be sent to all applicants who fail the July 2010 exam. Please note that the November 13 sessions will be the SOLE opportunity that unsuccessful applicants will have to inspect their essay answers. Inspection materials will not be mailed or made available at any other time or place. Please make work, travel, and personal plans accordingly.

Multistate Professional Responsibility Examination (MPRE)

Before being admitted to practice in Illinois an applicant must take and pass the MPRE which is administered three times a year by the National Conference of Bar Examiners (NCBE). The MPRE must be taken AFTER the applicant successfully has completed the lesser of 60 credit hours or two-thirds of the academic requirements for his/her JD degree. Scores submitted from an MPRE taken before an applicant has successfully completed the lesser of 60 credit hours or two-thirds of the academic requirements for the JD degree will not be accepted by the Board. Currently in Illinois a scaled score of 80 or more points is required to pass the MPRE.

If you wish to apply for the MPRE, obtain information online at www.ncbex.org or go directly to www.act.org/mpre/. Alternatively, you can register by submitting a written request to: MPRE Application Department, 301 ACT Drive, PO Box 4001, Iowa City IA 52243-4001 (phone 319.341.2500).

If you have previously taken the MPRE and wish to transfer your score to Illinois, send a check for $15 made payable to the National Conference of Bar Examiners with a written request for transfer to: MPRE Records Department, 301 ACT Drive, PO Box 451, Iowa City IA 52243-0451. Include the following info in your request: full name, address, SSN, date of birth, MPRE test date, signature, and the request that your score is sent to ILLINOIS; questions may be directed to 319.337.1304. Score reports with valid scores sent to Illinois stamped “unofficial” by the NCBE will be accepted.

Questions

If you have questions about the bar examination or these instructions, please first visit our website at www.ibaby.org, where answers to most questions are provided. If you cannot find the information you need, please EMAIL, rather than phone, your file processor. A file processor's email address consists of the first letter of his/her first name followed by complete last name @ibaby.org. For example, the email address of a processor named Jane Smith would be jsmith@ibaby.org. If you do not know the name of your file processor, please phone the Board offices at 217.522. 5917 weekdays between 8:30 AM and 2 PM and press 0 for our receptionist.

Sunday, June 13, 2010

Subjects Tested on the Illinois Bar

The Illinois Bar Exam is a 2-day exam

Day 1:
One 90-minute Multistate Performance Test (MPT) question, the six-question Multistate Essay Exam (MEE) and three questions drafted by Illinois examiners.

Day 2:
Multistate Bar Exam (MBE), a 200 question, multiple-choice exam.

Subjects Tested

MBE Subjects:
Constitutional Law, Contracts/Sales, Criminal Law/Procedure, Evidence, Real Property, Torts.

MEE/ Illinois Essay Subjects:
Administrative Law, Agency, Commercial Paper, Conflict of Laws, Corporations, Equity, Family Law, Federal Jurisdiction & Procedure, Federal Taxation, IL Civil Procedure, Partnerships, Personal Property, Sales, Secured Transactions, Suretyship, Trusts & Future Interests, Wills (Decedents' Estates), plus all MBE subjects.

Multistate Performance Test:
"Closed universe" practical problem using instructions, factual data, cases, statutes and other reference material supplied by examiners.

Wednesday, May 26, 2010

Real Property Study for the Bar

Fixtures

A fixture is chattel that has been so affixed to land that it has  ceased being personal property and has become part of the realty. A fixture passes with ownership of the land.

Common Ownership – Is where the individual owns both the chattel and the structure that it is attached to. That item is a fixture is the objective intention of the party who made the “annexation” was to make the item part of the realty. Intention is determined by the nature of the item, manner of attachment, amount of damage caused to the realty by removal, and the adaptation of the item to the use of the realty.

 

Rights in the Land of Another

Easements – The right to use another's land for a special purpose. Presumed to be for a perpetual duration.

Two types of easements

Affirmative Easements -  Holder is entitled to make affirmative use of the servient tenement.

Negative Easements – Holder is entitled to compel the servient tenement to refrain from engaging in an activity on the servient estate. Four types of Negative Easements: Light, Air, Lateral and Subjacent Support, and flow of an artificial stream.

Easement Appurtenant – Must be two tracts of land, the dominant and servient. Passes with the land

Easement in Gross – Benefits the holder of the easement rather than a holder of land. i.e. right to swim

Thursday, May 20, 2010

Graduation

I am officially Jonathan W. Cole, J.D., M.B.A. I am waiting on my diploma to be mailed to me now. I have already got my diploma frame and now I can’t wait to mount it on my wall. Graduation and 3L 032 Graduation and 3L 034 Graduation and 3L 052

I wanted to say a big thank you to all of you who have helped make this very special day possible.

Monday, April 19, 2010

Pill to Prevent Breast Cancer

http://www.msnbc.msn.com/id/36642772/ns/health-cancer/

This is an interesting article about breast cancer. I know it has nothing to do with Law, but some might find it informative.

Thursday, April 15, 2010

Form for filing a Medicare Claim :)

I could not post a copy of the form for a medicare claim, but I am trying o do the next best thing. Here is a link to where you can download the forms for yourself. http://www.cms.gov/CMSForms/CMSForms/itemdetail.asp?filterType=dual,%20keyword&filterValue=1490S&filterByDID=0&sortByDID=1&sortOrder=ascending&itemID=CMS012949&intNumPerPage=10

Click on the link called CMS "1490S-ENGLISH" under the downloads section and you have no problem getting the form yourself. Good Luck filing your cliaim.

Wednesday, April 14, 2010

Lawyers Briefcase


How to file a medicare claim!

You should take the following steps if your Doctor or Supplier does not file the Medicare claim in a timely manner:

Step 1 - Contact Your Physician or Supplier: Call your physician or supplier directly and ask the physician or supplier to file a Medicare claim.

Step 2 - Contact 1-800-Medicare: If your physician or supplier still does not file a Medicare claim after you have called and asked, you should call 1-800-Medicare (1-800-633-4227). Also ask 1-800-Medicare for the exact time limit for filing a Medicare claim for the service or supply that you received.

IMPORTANT: There is a time limit for filing a Medicare claim. If a claim is not filed within this time limit, Medicare cannot pay you its share. The time limit may be as short as 15 months or as long as 27 months depending on when you received the service or supply. It is important that you ask 1-800-Medicare what the time limit is for filing your claim.

Step 3 - When You Should File a Claim: You should only need to file a Medicare claim in very rare situations. You should only file a Medicare claim yourself when:

you have completed steps 1 and 2 above; AND

the physician or supplier still has not filed the Medicare claim; AND

it is close to the time limit for filing your Medicare claim. (For example, if your time limit is 15 months, you should consider filing a Medicare claim if the physician or supplier has not filed the Medicare claim 12 months after you received the service or supply).

Filing the Claim Yourself

You will need to print out and complete the form called Patient’s Request for Medical Payment, Form CMS 1490S. The form is available for download on cms.hhs.gov in the CMS Forms section. Once there, you will need to do three things: (1) print out the 1490S form; (2) select and print out the applicable instructions; and (3) review all of the information on this page about how to file a claim form.

I will try to post a copy of the form you need to print out and submit to Medicare. Good luck with your cliaim.


.

Monday, April 12, 2010

Social Security (SSI)

The second type of benefits that an indvidal can get from social security is Supplimental Security Income (SSI). The disadvantage to SSI is that you need to have worked 40 quarters to be eligible for these benefits. The rules are almost the same as SSD but their is more of an emphasis on you current income and net worth. It is important to note that one car and one home are "exempt" in most cases when determinig net worth. Therefore if you have a good deal of assets in some "investment", it might be wise to invest that money in your house or a new car before applying. Always wanted hardwood floors? It's a good time to put them in. Money from SSI is intended to help indviduals get through life who have paid into the system who are over the age of 65 or disabled. This money is intented to pay for daily living expenses for those who generally make less that $2,000 monthly as an individual or $3,000 with their spouse. This money differs from SSD which is intended to pay medical bills and expenses to accomidate a medical condition. The surest way to be denied SSI is to not have paid into the system for 10 years, after that, if you qualify finacially and qualify for SSD, you will most surely qualify for SSI. Good luck with your claims...please feel free to post any questions you may have in the comments.

Sunday, April 11, 2010

Social Security (Disability)

  Well, I promised that I would have some information on social security law. There are two separate programs that individuals can apply for. The first is Social Security Disability (SSD). This type of benefit plan is for those who are unable to maintain gainful employment because of some disabling condition. What does this statement mean? I will not post numbers because the annual income amount changes from year to year, but this requirement means that an individual may be employed, "part time". As long as the amount of yearly income that the individual makes is below that amount, they can still be considered not able to be gainfully employed.




How does Social Security determine a claim?

There are two ways that an individual can have a meritorious claim. First, an individual can meet or equal a listing. Social Security has on their website what is called listings, part A listings are for adult claims, Part B listings are for adolescent claims. In order to meet a listing, the individual needs to meet every part of the listing. In addition to having meet the physical or mental requirements, the individual must have medical documentation to “back up” their claim. Plus, that condition needs to be unlikely to improve in the near future, which would render the applicant able to work because of the health improvement.

The second way that a claim is determined is under the “Grid”. The grid is just that, a grid, which Social Security has published that lists a number of different aspects. First is age. Social Security does not state ages but instead lists ages according to category such as advanced age or closely approaching advanced age. Next is listed the educational level that the applicant has, which includes transferable skills. Finally is the level of work that the applicant is able to perform. Categories are listed such as light, moderate, or heavy. The applicant should first compare their prior work to these categories and then compare themselves to every job in the national economy. The final column lists if the applicant is disabled or not. Hopefully this helps you understand the determination process a little better. An attorney will be more than happy to help you with your claim, as will I once I have passed the bar. Tomorrow I will post information on SSI.

Wednesday, April 7, 2010

Law School Update

I am in my last two months of law school and have been persnally reviewing the strengths and weaknesses of my education. Law school does a great job of teaching the law. On the other hand, it does a horrible job at teaching the pratical side of the law. There was a client that another student had yesterday, who had so much emotion that she could not get the story she was telling out acurately. The clerk ho was helping her was more concerned about the clients well being than getting the facts. Compassion is great, but not at the expense of missing information. The number one job of a legal office is to perform the task at hand. A legal office is not a therapy session. The duty of a lawyer is to find the facts and advocate for the client. I will ensure that my staff is compassionate when I have my own legal office, but not at the expense of knowing the case.

Tuesday, April 6, 2010

Tax Time

Hello Readers,

 I know many of you may be scrambling to get your taxes done. Here is a link to the the individual tax extention form and the instructions sheet.

http://www.irs.ustreas.gov/pub/irs-pdf/f4868.pdf

To qualify for an extentio you must follow these three rules:

  1. Estimate your 2009 taxes based upon the information available to you
  2. Enter your total tax liability on line (4) of the form 4868
  3. File for 4868 by the date your regular tax return is due, April 15.
Hopefully this helps you get that lttle bit of time that you need to finish your taxes. Good Luck Everyone.

Monday, April 5, 2010

Day in Court

I was successful in court, my client is now divorced. I had to do a "prove up", which means that I explain to the court what it is that we are asking for. Then the judge asks questions, and I answer what  can on behalf of the client. The judge then makes sure that the client understands exactly what is happening and will be the result of his order. Finally, he orders the divorce. I then take the file to the clerk to get a certified copy so that my client can get her name changed back to her maden name.

It was very difficult to remain calm and have a stoic face to hide the nerves and excitement of doing my first divorce. The advantage of this client for my first divorce was that she was already seperated and the divorce was already in place in everything but legal nature. Therefore, myclient was not as emotional as some people who are getting divorced might have been. This was a great experience for my first divorce. My next major legal step is going to be depositions of officers of a corporation. Thanks for reading and I look forward to telling you more about my legal experiences.

Thursday, April 1, 2010

The Big Day

Tommorow is a big day. I will do my first judgment for divorce. Hopefully I will have to do a prove up. I am probably be the only one excited that my client is getting divorced. Of course I can not let the client know that I am excited, and a little nervous. I have been in court a few times already, but this will be my first divorce. Additionally, there is two children that were a product of the marriage, one that is living with each party. I will update you all on how it went in the next post. Until then, wish me good luck.

  Jonathan

Wednesday, March 31, 2010

Powers of Attorney - Agent Information

There is a good deal of information available for "principle's" on Powers of Attorney. I have decided to create information for Agents. There are two types of Powers that can be created, Property and Health Care. This post will outline some of the powersthat an agent can be granted under property.

An Agent can be authorized to:
  1. Buy and Sell Property/Real Estate
  2. Manage all Money
    • Checking Accounts
    • Savings Accounts
    • CD's (Certificate of Deposit)
    • Money Market Accounts
    • Etc.
  3. Buy or Sell Personal Property
    • Furnitur
    • Collections
    • Clothes
    • etc.
  4. Mange/ Access Safe Deposit Boxes
  5.  Buy Insurance and Handle Retirement Plans
  6. Handle Tax Matters
  7. Initiate/ Defend Litigation
  8. Aquire Social Security Benefits
  9. Deal with Stocks, Bonds, and Options
  10. Borrow Money in Principle's Name
  11. Make Gifts for Principle
  12. Name/ Change Beneficiaries
  13. Revoke/ Amend a Trust
An agent should always act consistant with the wishes of the person they are serving.

What the Power of Attorney does not include:
  • Actions After Death
    • Powers of Attorney are legal documents that are effective during the life of the person who creates them. (Except for Organ Donation under Health Care POA's)
How can I help take care of my loved one's affairs after s/he passes away?
  • Ensure that they have a will
  • If they have children, ensure that their Will designates who will care for those children
  • Encourage them t find an administrator for their Will who has the time and abilities to handle that job
  • Things for the administrator to consider;
    • Taxes
    • Urgen Needs:
      • Money for spouse and children to live on before the life insurance check arises 

Tuesday, March 30, 2010

Power Of Attorney - Health Care Agent Information

As noted in yesterdays post, there is not a lot of information for Agents on what their powers and responsibilities are. This post will outline some of the powers and responsibilities are in relation to a Health Care Power of Attorney (POA).

A POA Health Care agent may be able to:
  1. Give, refuse, or withdraw consent to all typesof medical care. Including physical and metal health:
    • Medication Program
    • Surgical Pocedures
    • Life-Sustaining Treatment
    • Provision of food and fluids
  2. Contract for Health Care services and facilities in the name of the principle.
  3. Examine and copy all medical records
  4. To order an austopsy be made and direct the disposition of deceased's remains. 
Principle's Health Wishes Checklist
Discussing the Issues
  • Talk with the principle about their values and what kind of medical care they want - or do not want - in certian circumstances.
    • Would they want to be revived if:
      • their heart stopped
      • their breathing stopped
  • Various Forms of Life Support:
    • breathing tubes
    • feeding tubes
    • respirators
    • artificial nutrition
    • artificial hydration
    • kidney dialysis
    • other machines
Does the Principle have a Do Not Resuscitate Order? (DRN)

Does the Principle want Cardiopulmonary Resuscitation? (CPR)

Would the Principle refuse a blood transfusion on the basis of personal belief?

Monday, March 29, 2010

Cemetery Oversight Task Force – Recommendation No. 2

Link to the Report and Recommendations


Recommendation No. 2: Enactment of Cemetery Oversight Act
The COTF recommends that legislation be adopted requiring that cemetery management operations be treated as a profession that only qualified persons should be authorized to own, operate, or work in. Therefore, a Cemetery Oversight Act should be adopted to provide for licensure of cemetery managers and the registration of cemetery employees.

Cemetery Oversight Task Force – Report and Recommendations to Governor Pat Quinn

Link to the Report and Recommendations


On September 15, 2009 The Cemetery Oversight Task Force (COTF) fulfilled a request by the Governor to look into the laws of Illinois and other states in addition to the opinions of State’s most influential leaders in the cemetery, funeral and embalming industries and from many members of the public affected by the Burr Oak Cemetery tragedy. This Task Force met over the period of two months to make a series of recommendations to the Governor. The following information is the recommendations that were made by the task force and my synopsis of the recommendations. I deemed it worthwhile to summarize those recommendations as the document containing the recommendation is 82 pages in length. The average reader has little to no interest in reading this length of document. As indicated above, there is a link to the “Report and Recommendations” above that you may use to read the whole document for yourself. Look for summaries for each recommendation in posts to follow. This post will summarize the first recommendation and following posts will summarize additional recommendations. Please feel free to leave comments on this act and any information you may wish to know. I will do my best to provide either the information, or a place where you can find the information for yourself.


Recommendation No. 1: Consolidation of regulatory Authority of Funeral and Burial Practices into the Department of Financial and Professional Regulation.
• Current regulation in Illinois is divided between two state agencies
     o The Department of Financial and Professional Regulation has jurisdiction over funeral directors and embalmers
     o The Comptroller has jurisdiction over most other aspects of for-profit death care industry, including laws relating to pre-need cemetery and funeral purchases, cemetery care funds, the protection of cemetery property, cemetery associations, and crematories.

This segmentation of duties is confusing to the consumer and therefore COTF recommends that Department of Financial and Professional Regulation (The Department) has regulation over all funeral and burial practices.

Sunday, March 28, 2010

Department of Financial and Professional Regulation.

  In the Cemetery Oversight Act that was spoken about yesterday, there is, in the definitional section the following language, ""Department" means the Department of Financial and Professional Regulation." This language is not included in the snippets that I have included in the "Law Updates" page. The question you may have is why is this important?

  To begin with, this Department is the agency that a consumer would report any violations of the Act directly to. In addition to acting as the executive branch to enforce the Act, the Department has created a pamphlet to help consumers who are both choosing a cemetery and those wishing to ensure that the their loved ones are properly cared for. The link for this pamphlet is  http://www.idfpr.com/cemetery/cemeteryconsumerrights.pdf  

For complaints relating to cemeteries, funeral directors and embalmers:

Illinois Department of Financial & Professional Regulation
100 West Randolph Street, 9th Floor
Chicago, IL 60601
Toll-free Helpline: 1-888-RLOVED1 (756-8331)
Web site: http://www.idfpr.com/


- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Saturday, March 27, 2010

Cemetary Oversight Act

There is a new addition to the "Law Updates" page.  In light o the recent problems with cemetaries, the Illinois legislature has enacted the cemetary oversight act. This Act became effective March 1, 2010 and is set to be repealed in 2021. I have only included 2 sections of the act. The whole act is hyperlinked in on the "Law Updates" page. You can click on the link to bring you to the Illinois General Assembly Website. I have include two sections on this blog. The first section shows the intent of the new act, the second section outlines the ramifications of breaking the act. I hope you enjoy the act. Please feel free to post your comments.

Thursday, March 25, 2010

What to Look Forward To

I hope you enjoy the new format of my blog. In addition to my normal postings, I will be adding information on a number of new legal areas. Those interested in Social Security Disability, Supplemental Security Income, Wills, Powers of Attorney, Gun Laws, and other miscellaneous law will be happy to see the new additions. At the top of this page is links to other pages that will soon be filled in with information on these topic areas. For those who do not have an interest in the specific areas of law listed, look to the misc. law topics. I will put recent changes in the law that may be of interest in the daily lives of everyday citizens. Please choose to follow my blog by clicking on the left. This will allow you the opportunity to keep in touch with me and let me know what topics you would like more information on. Thanks for visiting my blog, look forward to seeing you in the future.

Jonathan

NRA-ILA ::

NRA-ILA ::

Tuesday, February 23, 2010

Why Lawyers get paid.

Reification - Intangible rights are embodied in a tangible object

It is words and definitions like this that make law so "Sucky". I am confident that this is a made up word. GOOOOO Law School :(

Tuesday, February 2, 2010

Relax

Today is a Day where I simply need to take a deep breath and relax. Who would have thought that life could be so hectic in the third week of school. I am feeling like I am a 1L again and having the moment of panic. I think that law school teaches you how to deal with stress by throwing you into the fire. When you think you have a handle on stress, they crank up the heat. I need to remember that God won't give you any more than you can handle. Even writing this blog brings down my stress level. I am lucky to have people who care about me and read my blog. Ultimately though, I can't wait for midterm #1 to be over so I can move on with my other numerous jobs. Note to Self - Take life a little less serious and you will enjoy the ride. No point riding in the car with your head in a book, you might miss the real story.

Jonathan