Learning from The Beatles (Part 10 - Songs 91 to 100)
In my ongoing series, I continue to explore how Beatles songs can illustrate key legal concepts. We've already seen how “Help!” connects to hearsay exceptions and how “Please Mister Postman” applies to the Mailbox Rule. As we dive into Songs 91 to 100, we'll uncover more legal insights hidden in classic tracks.
Find out how “I Should Have Known Better” reflects landlord liability, how “Lucy in the Sky with Diamonds” can be linked to voluntary intoxication defenses, and the relevance of “Sweet Little Sixteen” to Federal Rule of Civil Procedure 16.
I should have known better with a girl like you.
That I would love ev'rything that do,
And I do hey, hey, hey, and I do.
Whoa, oh, I never realized what a kiss could be,
This could only happen to me,
Can't you see, can't you see?
(Album: A Hard Day’s Night)
Real Property: "I Should Have Known Better" is a lively and reflective song with lyrics that capture a moment of realization and introspection. In the song, John Lennon acknowledges that he should have anticipated the depth of his feelings and the inevitability of falling in love.
Tip: Lennon’s sense of hindsight and awareness in this song mirrors the concept of responsibility and foresight in various legal contexts. But let’s focus on Real Property and a landlord’s liability for dangerous conditions.
Specifically, if, at the time the lease is entered into, the landlord knows—or should have known—of a dangerous condition that the tenant could not discover upon reasonable inspection, the landlord has a duty to disclose the dangerous condition. In other words, the landlord should have known better. Failure to disclose results in liability for any injury resulting from the condition.
When I wake up early in the morning,
Lift my head, I'm still yawning.
When I'm in the middle of a dream,
Stay in bed, float up stream (float up stream),
Please don't wake me, no, don't shake me,
Leave me where I am, I'm only sleeping.
(Album: Revolver)
Criminal Law and Torts: “I’m Only Sleeping” captures the lazy, dreamlike state of someone who relishes staying in bed and escaping the hustle and bustle of everyday life. Let’s look at how sleep and sleeping might be tested in bar exam questions:
🔎 Criminal Law (Physical Act)—A defendant must have either performed a voluntary physical act or failed to act under circumstances imposing a legal duty to act. An act is a bodily movement. Examples of bodily movements that don’t qualify for criminal liability include: conduct that isn’t the product of the person’s own volition; a reflexive or convulsive act; and an act performed while unconscious or asleep.
🔎 Criminal Law (Burglary)—Common law burglary consists of a breaking and entry of a dwelling of another at nighttime with the intent to commit a felony in the structure. For purposes of common law burglary, the “dwelling” requirement means a structure used with regularity for sleeping purposes, even if it used for other purposes such as conducting a business.
🔎 Torts (False Imprisonment)—The key testable elements for false imprisonment are: an act or omission on the part of the defendant that confines or restrains the plaintiff; and the plaintiff must be confined to a bounded area. It is important to know that the plaintiff must know of the confinement or be harmed by it. Therefore, if the defendant locks the plaintiff’s bedroom door while the plaintiff is asleep in the bedroom, but then unlocks the door before the plaintiff wakes, the plaintiff cannot recover for false imprisonment.
93. Words of Love
Hold me close and
Tell me how you feel
Tell me love is real
Words of love you
Whisper soft and true
Darling, I love you
(Album: Beatles For Sale)
Contracts: "Words of Love" is a song written by Buddy Holly in 1957 and later covered by The Beatles in 1964. The song is tender and sincere, emphasizing the importance of clear and heartfelt communication in relationships. The lyrics stress the need to express true feelings and intentions openly: "Hold me close and tell me how you feel. Tell me love is real."
Tip: The emphasis on clear and meaningful communication in "Words of Love" mirrors the necessity of a clear offer and acceptance in contract formation. Just as Buddy Holly's lyrics highlight the importance of expressing true intentions in love, contract law requires both parties to clearly communicate their intentions and agree on the essential terms to create a binding agreement. In contract formation, an offer must be made with definite terms, and the acceptance, at least under the common law, must mirror those terms without ambiguity. The song’s repeated urging to “tell me” reflects the need for explicit and clear expression in contracts, where silence or vague statements can lead to misunderstandings or unenforceable agreements. Understanding the role of clear and mutual communication is crucial in ensuring that a contract is valid and enforceable, much like how clear expressions of love and intentions in the song solidify the relationship between two people.
They're really rockin' in Boston
In Pittsburgh, P.A.
Deep in the heart of Texas
And 'round the Frisco Bay
All over St. Louis
And down in New Orleans
All the cats are gonna dance with
Sweet Little Sixteen
(Album: N/A)
Civil Procedure: "Sweet Little Sixteen" is a rock and roll classic written by Chuck Berry in 1958 and famously covered by The Beatles in 1963. The song captures the excitement and energy of a young girl experiencing the thrill of adolescence, with the number "sixteen" representing a milestone of youthful exuberance and growth. The Beatles often performed "Sweet Little Sixteen" during their early years, particularly during their live shows in Hamburg and at the Cavern Club, but it wasn't part of their official discography.
Tip: The number sixteen in "Sweet Little Sixteen" can be linked to Federal Rule of Civil Procedure 16, which governs pretrial conferences, scheduling, and case management. Just as the song celebrates a significant stage in life, Rule 16 marks an important stage in the litigation process. Rule 16 is essential for managing the progress of a case, ensuring that all parties are on the same page, deadlines are met, and the case proceeds efficiently toward resolution. The song’s lively depiction of a pivotal moment in youth parallels the pivotal role that Rule 16 plays in shaping the course of a legal case, guiding it toward trial or settlement with clear direction and purpose. Understanding and effectively applying Rule 16 can be crucial for attorneys in ensuring that their cases are well-organized and timely, much like how the "sweet sixteen" milestone represents a key moment of organization and maturity in life.
I remember the first time,
I was lonely without her.
Yes, I'm thinking about her now.
Ev'ry little thing she does,
she does for me, yeah.
And you know the things she does,
She does for me, ooh
(Album: Beatles For Sale)
Civil Procedure: "Every Little Thing," a song from The Beatles' 1964 album Beatles for Sale, highlights the importance of small gestures in a relationship—those little things that collectively show love and appreciation.
Tip: This concept of attentiveness to detail parallels the requirements of Federal Rule of Civil Procedure 11. Rule 11 underscores the importance of ensuring that every submission to the court—whether it be a pleading, motion, or other paper—is carefully reviewed, properly signed, and presented with the utmost integrity. Just as "Every Little Thing" in the song represents the small but significant actions that sustain a relationship, each element in a legal document must be accurate and appropriate to sustain the credibility of legal proceedings. Understanding and adhering to Rule 11's requirements helps prevent frivolous or improperly motivated filings, ensuring that the legal process remains fair and efficient.
96. Mean Mr. Mustard
Mean Mister Mustard sleeps in the park,
Shaves in the dark
Trying to save paper.
Sleeps in a hole in the road
Saving up to buy some clothes.
Keeps a ten bob note up his nose,
Such a mean old man, such a mean old man.
(Album: Abbey Road)
Contracts: "Mean Mr. Mustard," a song from The Beatles' 1969 album Abbey Road, paints a picture of a character who is miserly and mean-spirited, known for his unpleasant and selfish behavior.
Tip: The character of Mean Mr. Mustard can be likened to the concept of bad faith in contract law. Just as Mr. Mustard's stinginess and dishonesty make him an unsympathetic figure, a party acting in bad faith in contractual dealings undermines the fairness and integrity of the agreement. Bad faith can manifest in various ways, such as failing to disclose important information, misrepresenting facts, or intentionally causing delays. Courts often look unfavorably upon parties who engage in such conduct. Just as Mr. Mustard's behavior earns him a negative reputation, bad faith actions in contract law can lead to legal consequences, including the voiding of the contract or the awarding of damages.
When I see you
I just don't know what to say
I like to be with you
Every hour of the day
So if you want me
Just like I need you
You know what to do
(Album: Anthology 1)
Contracts: "You Know What to Do," a song by George Harrison recorded by The Beatles in 1964 and released on Anthology 1, emphasizes the importance of decisiveness and taking appropriate action in a relationship.
Tip: This message can be linked to the duty to mitigate damages in contract law. When a contract is breached, the non-breaching party has a responsibility to take reasonable steps to minimize the damages they suffer as a result. Just as the song suggests knowing the right course of action, in contract law, the injured party must "know what to do" by promptly seeking alternative solutions or remedies to prevent further loss. Failure to mitigate damages can result in a reduction of the amount of damages that can be recovered in a lawsuit. Understanding this duty is essential for managing contractual disputes effectively, just as knowing the right actions to take is key in the song's narrative.
Picture yourself in a boat on a river,
With tangerine trees and marmalade skies.
Somebody calls you, you answer quite slowly,
A girl with kaleidoscope eyes.
Cellophane flowers of yellow and green,
Towering over your head.
Look for the girl with the sun in her eyes, and she's gone.
Lucy in the sky with diamonds,
Lucy in the sky with diamonds,
Lucy in the sky with diamonds, Ah
Criminal Law: "Lucy in the Sky with Diamonds" is one of The Beatles' most iconic songs. The song is famously associated with the hallucinogenic drug LSD, as the first letters of "Lucy," "Sky," and "Diamonds" spell out "LSD." While John Lennon denied that the song was directly about the drug, its vivid and surreal imagery has led many to draw that connection.
Tip: The association of "Lucy in the Sky with Diamonds" with LSD provides a fitting analogy for the concept of voluntary intoxication in criminal law. Voluntary intoxication, such as intentionally taking LSD, can significantly impact a defendant's state of mind (mens rea) during the commission of a crime. This defense can be relevant in specific intent crimes—crimes that require a particular mental state or intent to achieve a specific result. For example, if a person commits a crime while under the influence of LSD and lacks the specific intent required for that crime due to their intoxicated state, the voluntary intoxication defense may be applicable. However, it's crucial to understand that this defense typically does not apply to general intent crimes, where the mere act itself is sufficient for liability, regardless of the defendant's mental state. Just as the song's title subtly hints at LSD, voluntary intoxication can subtly influence the outcome of legal proceedings, depending on the crime and circumstances involved.
99. “Dig a Pony”
I a, hi, hi, a, hi, hi, dig a pony.
Well you can celebrate anything you want.
Yes, you can celebrate anything you want.
Oh. I a, hi, hi, a, hi, hi, do a roadhog.
Well you can penetrate any place you go.
Yes, you can penetrate any place you go.
I told you so.
All I want is you.
Ev'rything has got to be just like you want it to, because.
(Album: Let It Be)
Contracts: "Dig a Pony," from The Beatles' 1970 album Let It Be, features playful and seemingly contradictory lyrics where John Lennon sings about being willing to do anything for love, even if the actions are nonsensical.
Tip: The lighthearted and ambiguous nature of the lyrics in "Dig a Pony" can be compared to the concept of illusory promises in contract law. An illusory promise occurs when one party's commitment to perform is so vague or optional that it doesn't constitute a binding obligation, rendering the promise unenforceable. Just as Lennon sings about doing anything without specifying what that entails, an illusory promise might say, "I'll do what I feel like," without actually committing to anything concrete. In contract law, for a promise to be enforceable, it must involve a clear, definite commitment. Understanding this concept helps in identifying when a purported agreement may lack the necessary elements to form a valid contract, much like how the song’s lyrics play with the idea of saying something without really meaning it.
100. “I Call Your Name”
I call your name, but you're not there.
Was I to blame for being unfair?
Oh, I can't sleep at night since you've been gone,
I never weep at night, I can't go on.
Well, don't you know I can't take it?
I don't know who can.
I'm not goin' to make it,
I'm not that kind of man.
(Album: Past Masters)
Civil Procedure: "I Call Your Name" is a song by The Beatles, written by John Lennon and released in 1964. The song did not appear on any UK album but was included on the Long Tall Sally EP in the UK and The Beatles' Second Album in the US. The song conveys a sense of urgency and longing, with the repeated phrase "I call your name" reflecting a deep desire to reach out and connect with someone.
Tip: The urgency and importance of reaching someone in "I Call Your Name" can be linked to the concept of service of process in civil procedure. Service of process is a critical step in initiating a legal action, where the plaintiff must properly notify the defendant of the lawsuit, typically through delivering legal documents such as a summons and complaint. Just as the song reflects the need to connect with someone, service of process ensures that the defendant is aware of the legal proceedings and has the opportunity to respond. Failure to properly serve process can lead to delays or even dismissal of the case, underscoring the importance of this step in the legal process
Kommentare