Mooting and 'Brain Gold'

Today was the semi-finals of the Jr Moot, we lost. To get to the semi-finals we beat 16 other teams. I feel O.K about this. Still a bit pissy I did not make it to the finals but at least we made it past the first round unlike last year.

Both in the first round and in the semi-final I got the same feedback - SLOW DOWN. I am quite sure until the day I die I will be told to 'slow down', I keep trying it's just my slow is most peoples fast. Again I was told I have great 'presence in the court room' whatever that means (probably because I am tall and broad), in both rounds I was told I was the best 'mooter' in the room... so why am I not at the finals...? On the bright side this time I did not forget co-councils name only worked off bullet points and knew the law/facts pretty bloody well.

I may say never again, a bit like when you go on a bender and wake up feeling like rat shit but just like drinking when the opportunity presents again I will grab it with both hands. The past 8 days have been a freaking nightmare I lived and breathed the cases, all the chefs at work knew hoe sections 7 and 8 of the Criminal Code worked by the end of last week just from listening to me talk to myself. My house is falling apart because I did not care about the stack of dishes a mile high (to be fair I gave up on house work in about week 5 - we are in week 11), there are dust bunnies the size of your fist rolling around the place as I type.

Mr Ovum and I are in the middle of a fight. I never ever let him proof anything I write. Ever. As part of the exchange process I have to write a one page essay, this is the first essay he has had any say in, in over two years. It does not end well as he is 100% confident anything that comes from his brain in gold, I have coined it as 'Brain Gold'. When I mention 'Brain Gold' it just gets worse. But to hell with it, I am a reasonably successful third year law student, when I put my mind to it my view is just as valid as his... and this is where the fight starts. To be fair I have had months to do this and I am doing it the night before it is due, this just stresses the poor man out.

Time to do some word smithing - Obiter Ovum

I did this to myslef. I did this to myself. I did this to myself

The moot problem came out. It just had to be a criminal case didn't it?! Torts I could ace, Contracts I would deal with, Property I would survive but Criminal, that is just cruel.

I have a love hate relationship with the criminal code, it has been like that since first semester last year. On the other hand this time I actually care about the issues and I am probably learning a whole lot more about the issues than I did in a very, very superficial way when I was actually getting marked on the subject.

When I read the problem I had little panic attacks that went a little like this.

Good Law Student Obiter: This is great, see a problem get overwhelmed then work your way through it bit by bit. What a great experience.

Bad Law Student Obiter: SH*T! what have you done? you have all this work to do without this crap to add to it. Anyhow your barely smart enough to bluff your way through classes, what do you think is going to happen when your under the spot light being quizzed on stuff your too dense to wrap your head around?

Good Law Student Obiter: Well on the weekend you read an entire book on mooting skills. Between the book and what you learned last time it has to be better. You will be more prepared and under control. GO TEAM!

Bad Law Student Obiter: Just shut the hell up! do you know what you got yourself into? Remember last year? First question from the bench 'what is conversion' and you honestly had no idea...none. Your screwed.

Good Law Student Obiter: Rah, Rah, Rah GO TEAM! Because of last year you will never forget that conversion is the dealing with goods in a manner inconsistent with the rights of the true owner!

Bad Law Student: Misery loves wine, drink red bull then have a wine.


Kinda a bit pissy, definitely a lot hypo right now - Stoopid cases on common purpose need to be understood if I am not going to publicly humiliate myself... again.

Reflection and poorly thought out rant

My campus backs onto wonderful botanic gardens that also connect to the city, as an apprentice chef I remember sitting in the gardens gazing at the massive buildings in awe of the whole thing tainted with just a little bit of jealousy and sadness that I was not and I thought, would never be smart enough to be a part of it.

Today I took a walk through the gardens and I remembered those feelings, they are not so dissimilar to the inadequacy I still get from time to time still. Maybe, just maybe they are not always justified? Nope still feel like an imposter.

On a different note: Culture clash, when is it OK to impose the new culture on the immigrant?

The Story.

I work with some wonderful Indian women, they subscribe to a religion that imposes very, very strict moral codes. That’s all very well and good. In the past 3 years they have grown soo much, carving out an identity that works with their culture and the freedoms enjoyed here, there are some exceptions.
One lady came into work with a slight rash on her neck, one of the other staff members and myself asked if it was a hicky (knowing full well it probably was not). After explaining what a hicky is (she went bright red) she giggled and we all continued on with our work. The next day she came in all bruised up because she had jokingly told her fiancé it was a hicky, he then slapped her so hard she fell to the floor. This is OK as far as she was concerned, this man has hit her on number of occasions that we know of for things such as holding his hand (they are not permitted ANY contact before marriage), and even cutting her hair.

It is never OK to hit a spouse. I cannot look at this man without seething about the low creature he must be to hit this sweet lady.

Australia like many western cultures is dealing with spousal abuse, it happens and we know it does, there are campaigns working on raising awareness of the problem. I would like to sit her down with the other staff member (we are all close friends and meet outside work) and try to explain to her this behaviour is not acceptable, but I feel like I would be crossing a line and offend her, not what I want to do.

In the same veign, the burqa was recently banned in France.

This disgusts me. In some circumstances, such as when driving or entering a bank I think it is justified, the law should not cater to a group for religious reasons and the safety of others should not be put at risk for it. But the government should not impose on an individual’s right to worship.

Stopping religious violence is different to forcing individuals to conform to the majority. Yes it is oppressive to women and I do not agree with women having to submit to the patricidal rule, but I do think people who want to, should have the freedom to worship in whatever way they see fit as long as no harm is caused to others. The move France has made is cultural discrimination on a huge scale. What if Catholics were banned from attending worship in a western country – imagine the backlash.

If I has more time I would do a much better thought out and supported post, but I don’t so all you get is an emotional half-baked rant.


Off to the next mental flogging that is commercial property law – Obiter.