DAYEdalera
Tuesday, February 26, 2008
PS 340: for neil & allen
PS 340 PRIVATE INTERNATIONAL LAW
A. How do you determine Jurisdiction over a case when it involves the application of conflicting laws of several states?
B. What is the Doctrine of Forum Non Conveniens? Explain.
C. What is the Doctrine of Lex Loci Contractus? Explain.
Note: Read and summarize the following cases:
1. Carnival Cruise Lines vs. Schute 499 U.S. 585 (1991)
2. United Airlines vs. Court of Appeals 357 SCRA 99 (2001)
3. Pakistan International Airlines vs. Ople 190 SCRA 90 (1990)
4. Cadalin vs. POEA 238 SCRA 721 (1994)
5. Manila Hotel vs. NLRC G.R. No. 120077, October 13, 2000
D. What is the Doctrine of Renvoi? Explain.
Note: Read and summarize the following cases:
1. Aznar vs. Garcia 117 Phil 96 (1963)
E. What is the Transmission Theory? Explain.
Note: Submission will be on or before March 1, 2008. Do your assignment diligently unless you do not want to graduate on time. (Seriously.)
Next assignment on Wednesday 27 February 2008. Keep yourselves posted.
A. How do you determine Jurisdiction over a case when it involves the application of conflicting laws of several states?
B. What is the Doctrine of Forum Non Conveniens? Explain.
C. What is the Doctrine of Lex Loci Contractus? Explain.
Note: Read and summarize the following cases:
1. Carnival Cruise Lines vs. Schute 499 U.S. 585 (1991)
2. United Airlines vs. Court of Appeals 357 SCRA 99 (2001)
3. Pakistan International Airlines vs. Ople 190 SCRA 90 (1990)
4. Cadalin vs. POEA 238 SCRA 721 (1994)
5. Manila Hotel vs. NLRC G.R. No. 120077, October 13, 2000
D. What is the Doctrine of Renvoi? Explain.
Note: Read and summarize the following cases:
1. Aznar vs. Garcia 117 Phil 96 (1963)
E. What is the Transmission Theory? Explain.
Note: Submission will be on or before March 1, 2008. Do your assignment diligently unless you do not want to graduate on time. (Seriously.)
Next assignment on Wednesday 27 February 2008. Keep yourselves posted.
Labels: Private International Law, teaching
Friday, February 22, 2008
Bar Exam Passing Percentage and my Masochism
MASOCHISM: The term derives from the name of Chevalier Leopold von Sacher-Masoch, an Austrian who wrote extensively about the satisfaction he gained by being beaten and subjugated. The amount of pain involved can vary from ritual humiliation with little violence to severe masochism...A tendency to direct aggressive or destructive impulses against one's own ego in order to reduce the anxiety attendant on anticipated inevitable punishment from a formerly source of pain.
Rumors are 16% but somebody told me it could be as low as 10%. Haaaaaaaaaaayyyyyyyyy!
(Read the article in full.) http://attyatwork.com/bar-exams-passing-percentage/
Rumors are 16% but somebody told me it could be as low as 10%. Haaaaaaaaaaayyyyyyyyy!
Let’s begin with the belief that a high passing rate follows the year with a difficult bar exams. The problem is this: what’s difficult is subjective. Although there’s some concensus on which year is difficult, maybe let’s just assume that a high passing rate follows the year with a low passing percentage, which is presumably - but not necessarily - difficult. You’ll note that the first part of the 10-year period shows a regular cycle of 2-year low percentage, followed by a very high passing rate. Following that cycle, the passing rate for the 2007 bar exams should be high.
But before you feel relieved, you’ll also note that the last 3 years deviated from the trend. Year 2006, which should have a low passing rate if we follow the trend, has a high passing rate. This apparentIy follows the general belief — a low passing rate follows the year with a high passing percentage. In other words, the passing rate for the 2007 bar exams could be low.
But before you feel relieved, you’ll also note that the last 3 years deviated from the trend. Year 2006, which should have a low passing rate if we follow the trend, has a high passing rate. This apparentIy follows the general belief — a low passing rate follows the year with a high passing percentage. In other words, the passing rate for the 2007 bar exams could be low.
(Read the article in full.) http://attyatwork.com/bar-exams-passing-percentage/
Labels: 2007 bar exam experience, Masochism, waiting for results of the bar
Thursday, February 21, 2008
sayang naman.
Daye, lost opportunity. Haaaaaaaaaaayyyy!
Tuesday, February 19, 2008
My Baby Case
I started drafting decisions this January 2008 for the Boss. Yesterday, I submitted what I called "my baby case". I labored for it for 29 days, it was nothing compared to the output of our lawyers in the office, they can submit an average of 4-5 decisions a month. Yet, since I don't draft decisions full time because aside from being a CASE MOM, I am also an 'AGENDA JEDI' who does job for en banc and division hearings and some administrative work.
My Baby Case is an Administrative Matter (Ooops! Sorry I can't discuss the facts of the case.), it was hard to decide on matters involving suspension, dismissal and forfeiture of retirement benefits of your co-civil servants. It was even harder when the respondent is a mere clerk of the Judiciary whom you know is probably raising a family on her own. But, I am constrained to imposed the sanctions provided by law : "Dura Lex Sed Lex."
I tried not to be harsh in my words. I adopted the lightest penalty recommended. I tried to apply "compassionate justice."
The Boss is becoming impatient because he wanted to exceed the quota cases required per Justice of the Court. So, when I submitted the draft for the perusal of our judicial staff head, she smiled. And when the Boss came to her table, his sharp eye noticed my draft.
JSH: "Kay Daye po 'yan Justice."
The Boss: "Ah ganon? Pwede ko na basahin?" (get hold of the draft, turned his back,
went to his chambers.)
JSH: (looks at me. Smiled.) "Hindi ko na nabasa 'yun."
Moi: "Ngak!"
The Boss started reading my draft. I asked Ms. Gorgeous if from her place she can see the reaction of the Boss. She told me, the Boss is already correcting my work.
The feeling is coming back to me: Trembling. I don't know what would I do if I happen to see a big X mark in my work. The tension lasted for thirty minutes or more.
The Boss: "Daye, sa 'yo ba ito?"
Moi: (I just stared at him.)
The Boss: "Ok na ito, pwede na ipaikot bukas."
Wheeeewwwwwww! What a relief. Seeing my work with just minor revisions, it made me the happiest person yesterday.
JSH: "Uy, may justice mind na s'ya."
I smiled.
For now my goal is to have the title "ATTY." first. Let's keep our faith, with God's help and in God's time I know it will happen.
My Baby Case is an Administrative Matter (Ooops! Sorry I can't discuss the facts of the case.), it was hard to decide on matters involving suspension, dismissal and forfeiture of retirement benefits of your co-civil servants. It was even harder when the respondent is a mere clerk of the Judiciary whom you know is probably raising a family on her own. But, I am constrained to imposed the sanctions provided by law : "Dura Lex Sed Lex."
I tried not to be harsh in my words. I adopted the lightest penalty recommended. I tried to apply "compassionate justice."
The Boss is becoming impatient because he wanted to exceed the quota cases required per Justice of the Court. So, when I submitted the draft for the perusal of our judicial staff head, she smiled. And when the Boss came to her table, his sharp eye noticed my draft.
JSH: "Kay Daye po 'yan Justice."
The Boss: "Ah ganon? Pwede ko na basahin?" (get hold of the draft, turned his back,
went to his chambers.)
JSH: (looks at me. Smiled.) "Hindi ko na nabasa 'yun."
Moi: "Ngak!"
The Boss started reading my draft. I asked Ms. Gorgeous if from her place she can see the reaction of the Boss. She told me, the Boss is already correcting my work.
The feeling is coming back to me: Trembling. I don't know what would I do if I happen to see a big X mark in my work. The tension lasted for thirty minutes or more.
The Boss: "Daye, sa 'yo ba ito?"
Moi: (I just stared at him.)
The Boss: "Ok na ito, pwede na ipaikot bukas."
Wheeeewwwwwww! What a relief. Seeing my work with just minor revisions, it made me the happiest person yesterday.
JSH: "Uy, may justice mind na s'ya."
I smiled.
For now my goal is to have the title "ATTY." first. Let's keep our faith, with God's help and in God's time I know it will happen.
Wednesday, February 13, 2008
Leaving and Staying
"I guess love does fade. That sometimes, the heart does get tired of longing, of hoping, that sometimes you have to accept the fact that sometimes, you just have to accept the fact that some things can never be and that you should be contented with things as they are. Leaving is a choice. Staying is a choice. But you can never really ask someone to stay or to leave, it's a choice they have to make for themselves and sometimes no matter how much you beg someone to stay or how hard you try to make someone leave, you really have no control over what they will choose."
HAPPY VALENTINE's DAY!
HAPPY VALENTINE's DAY!
Caveat: Hindi po ako malungkot. DQ (drama queen) lang! :)
Labels: Leaving, love, Staying, Valentine's Day
Tuesday, February 12, 2008
Good Morning Dementor!
I came in 30 minutes late. The Boss was standing near my post. I signed the Daily Attendance Book. The Boss walked towards me.
“Kasama ko kahapon si MAR (valedictorian of AUSL), naghihintay din siya ng resulta ng bar exam, ang sabi ko may schedule na.” The Boss said smiling.
Kamusta naman yun?
Good Morning Dementor!
“Kasama ko kahapon si MAR (valedictorian of AUSL), naghihintay din siya ng resulta ng bar exam, ang sabi ko may schedule na.” The Boss said smiling.
Kamusta naman yun?
Good Morning Dementor!
Wednesday, February 06, 2008
Pagod na blog.
Pagod na ako.
“Pagod na ako.” sabi ng Boss ko. Gusto kong sabihin sa kanya “Sir, ako din po.”
Bukod sa trabahong minsanan lang naman dumating sa akin pero pagdating ay bugso, mas maraming bagay ang nagpupumilit tumakbo sa utak ko.
PEBRERO NA. Ilang araw pa kaya ako kakabahan, masusuka, maghahabol ng hininga?
May problema ba tayo?
“May problema ba tayo?”
“Minsan pag-usapan natin.”
Ano kayang ibig sabihin nito? Meron ba o wala?
Huwag kang maginvest sa mga bagay na alam mong walang patutunguhan.
Gusto kong itanong, bakit hindi ba pwedeng “Happiness” lang and ROI (return of investment? Hindi ako ekonomista, baka pwedeng Doctrine of Equivalents na lang ang mag-apply.
Paranoid ako.
Oo nga, kung ano-ano ang iniisip mo. Baliw ka na yata eh.
“Pagod na ako.” sabi ng Boss ko. Gusto kong sabihin sa kanya “Sir, ako din po.”
Bukod sa trabahong minsanan lang naman dumating sa akin pero pagdating ay bugso, mas maraming bagay ang nagpupumilit tumakbo sa utak ko.
PEBRERO NA. Ilang araw pa kaya ako kakabahan, masusuka, maghahabol ng hininga?
May problema ba tayo?
“May problema ba tayo?”
“Minsan pag-usapan natin.”
Ano kayang ibig sabihin nito? Meron ba o wala?
Huwag kang maginvest sa mga bagay na alam mong walang patutunguhan.
Gusto kong itanong, bakit hindi ba pwedeng “Happiness” lang and ROI (return of investment? Hindi ako ekonomista, baka pwedeng Doctrine of Equivalents na lang ang mag-apply.
Paranoid ako.
Oo nga, kung ano-ano ang iniisip mo. Baliw ka na yata eh.
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