Law Students

I am still me.  Two eyes, two ears, one nose, one mouth.  There are some changes, of course.  My sleep pattern adjusts to the workload.  Writing on demand is not an issue, although grumbling still is.  How predictable.

So then, what has changed?  For one thing, my rationality is divorced from my gut feelings.  Black and white?  Nah, you must be seeing grey.  As Nick Naylor (”Thank You for Smoking”) once said, there is no truth, just two different sides of the argument. The acceptance of adversarial system as part of the every day life became evident when I explained to a class of non-law students why a burglar who got injured while attempting to break in to a house could possibly succeed in a personal injury action against the homeowner. (This is based on a real case, and yes, the burglar did succeed in the personal injury action).

“Well,” I said, “perhaps the court find the homeowner was negligent in the upkeep of the house, and that the dangerous condition of the front porch was due to the his/her negligence.”

“But the guy was trying to break in!  He should not get anything!  He belongs in jail!”  Cried the impassioned defenders of justice.

I had to make them see that criminal action is different from personal action.  That yes, it was a botched burglary, but it does not necessarily the homeowner’s obligation to keep the front porch safe or to warn licensees and invitees of the latent danger (since the layer of ice was not apparent to visitors).

They stared at me in horror, as if I have sold my soul to the devil and packed my suitcase for hell.  I was slightly amused and partly alarmed that I have given them the impression that law protects the perceived  ”wrongdoers”.  I tried to salvage their innocence by asking them this question.

“Ok.  Let’s say that the homeowner did not place any warning or clean off the ice.  And let’s say that Joey, the boy from next door, came by to sell school candy.   As he climbed up the porch stairs, he slipped on the ice and fell.  Is the homeowner responsible for his injury?”

“Of course!” They responded.”Then in this case, it is the same thing.  The homeowner is responsible for the slip and fall of the victim, except that the “victim” in this case is someone who happens to be a burglar.  But the burglar was lawfully present at the front porch.  He just walked up to the house and he wasn’t trespassing.  Although he has bad intentions (he was there to burglarize the house), he was lawfully present at the front porch.  Therefore, the homeowner is responsible for his injuries sustained.”

“What?!  Someone has to change the law!”

“Sir, only the politicians can change the law.  Perhaps you should contact your representatives.” I said, quite casually.

Sometimes, I have a feeling I scare people.   Maybe it is the law.