Learning from The Beatles (Part 9 - Songs 81 to 90)
With Songs 81 to 90, find out which song appears on two different Beatles albums, which song can be tied to a Rule 12(b) defense, and which song contains each day of the week except for one.
81. I Am the Walrus
Sitting on a cornflake,
Waiting for the van to come.
Corporation tee shirt,
Stupid bloody Tuesday
Man, you been a naughty boy,
You let your face grow long.
I am the eggman, (Ooh)
They are the eggmen, (Ooh)
I am the walrus,
Goo goo g' joob.
(Album: Magical Mystery Tour)
Contracts and Sales: The lyrics of “I Am the Walrus” are famously nonsensical and surreal, with the most famous line being “goo goo g’joob.” John Lennon was inspired to write the song after learning that a teacher at his former primary school was having his students analyze Beatles’ lyrics. Lennon wanted to create a set of lyrics that were intentionally confusing and open to wide interpretation to amuse himself at the idea of people trying to decipher them.
Just as the lyrics of "I Am the Walrus" are open to multiple interpretations due to their abstract and ambiguous nature, contract law often deals with the interpretation of ambiguous terms in contracts. Ambiguities in contracts can lead to different results depending on the parties’ awareness of the ambiguity. Scenarios on the bar exam generally fall into three categories:
Neither party aware of ambiguity: In this case, both parties are genuinely unaware that the contract language is ambiguous. They each have an honest but different understanding of the contract’s terms. This situation often leads to a "mutual mistake" where the court seeks to find the original intention of the parties. In this case, there is no contract unless both parties happened to intend the same meaning.
Both parties aware of ambiguity: When both parties are aware that the contract contains ambiguous terms. but they proceed without resolving these ambiguities, it often leads to a situation where each party is hoping the ambiguity will be resolved in their favor. In this case, there is no contract unless both parties in fact intended the same meaning.
Only One Party Aware of Ambiguity: This scenario is more complex because one party understands the ambiguity while the other does not. If the party aware of the ambiguity seeks to exploit it, this may lead to allegations of fraud or misrepresentation, especially if it's proven that the aware party deliberately concealed the ambiguity. This this case, a contract will be enforced according to the intention of the party who was unaware of the ambiguity.
Tip: The treatment of latent ambiguities requires an examination of the subjective intentions of the parties, which is a notable exception to the objective test generally used in contract interpretation. In cases of latent ambiguity, where the contract’s language appears clear on its face, but subsequent facts reveal an ambiguity, courts examine the subjective intentions of the parties at the time of contracting. This is because the ambiguity isn’t apparent from the contract itself but becomes evident only when external circumstances or facts are considered.
One day you'll look to see I've gone,
For tomorrow may rain, so I'll follow the sun.
Some day you'll know I was the one,
But, tomorrow may rain, so I'll follow the sun.
(Album: Beatles For Sale)
Legal Writing and Research: At just one minute and 49 minutes, “I’ll Follow the Sun” is one of The Beatles’ shorter songs. The ballad-like song, written by Paul McCartney several years before it actually appeared on Beatles For Sale, features a folk music influence. The song’s style was a contrast to the typical rock and roll-style The Beatles were known for at that time.
“I’ll Follow the Sun” can be metaphorically tied to the legal concept of stare decisis, a Latin term meaning "to stand by things decided. This principle requires courts to look to past rulings or decisions as a guide for deciding similar cases. It emphasizes consistency and predictability in the law, ensuring that similar cases are treated alike.
Tip: While "I'll Follow the Sun" suggests a willingness to move and adapt, in legal practice, stare decisis allows for change when necessary. For example, courts may distinguish a current case from a precedent if there are significant differences in the facts or legal issues involved. In such cases, the precedent is deemed inapplicable because the circumstances aren’t sufficiently similar.
83. Yellow Submarine
In the town where I was born,
Lived a man who sailed the sea.
And he told us of his life,
In the land of submarines.
So we sailed on to the sun,
Till we found the sea of green,
And we lived beneath the waves,
In our yellow submarine.
(Album: Revolver)
Civil Procedure: The Beatles released "Yellow Submarine" as part of its “Revolver” album in 1964, but it also released the song as a single, paired with “Eleanor Rigby.” "Yellow Submarine" is notable for its innovative use of sound effects, such as the sounds of chains, a cash register, bells, and water, to create an underwater atmosphere in the song.
The song's setting in a submarine in the ocean is directly relevant to admiralty and maritime law, which governs legal issues occurring in navigable waters. Under Article III, Section 2 of the U.S. Constitution, federal courts have jurisdiction over admiralty and maritime matters. This jurisdiction includes hearing a wide range of issues, such as maritime contracts, maritime torts (injuries or damages that occur on navigable waters), collisions at sea, maritime liens, and salvage cases.
Tip: For a matter to fall under admiralty jurisdiction, it typically must involve navigable waters, which generally means waters that are used, or capable of being used, for interstate or foreign commerce.
Wednesday morning at five o'clock, as the day begins.
Silently closing her bedroom door,
Leaving the note that she hoped would say more,
She goes downstairs to the kitchen clutching her handkerchief.
Quietly turning the backdoor key,
Stepping outside, she is free.
She (We gave her most of our lives.)
Is leaving (Sacrificed most of our lives.)
Home (We gave her ev'rything money could buy.)
She's leaving home after living alone (Byebye.) for so many years.
(Album: Sgt Pepper's Lonely Hearts Club Band)
Family Law: “She’s Leaving Home” tells the story of a young girl who leaves her home early in the morning, without telling her parents. The lyrics alternate between describing the girl’s actions and her parents’ reactions upon discovering her absence. “She's Leaving Home” is one of the few Beatles songs that doesn’t feature any traditional rock instruments. None of the Beatles played an instrument on the recording. Instead, it was entirely performed by a studio orchestra.
When a child leaves home, that may leave to the emancipation of the child. Emancipation of a child is the removal of the disabilities of being a minor. When a child is emancipated, the child is considered to be an adult and the child’s parents are relieved of their duty of support.
Tip: Emancipation sometimes appears on exam questions in the context of child support payments. The duty to support a child generally ceases upon the child’s death or emancipation by age (usually age 18) or marriage, or upon a termination of parental rights. Some courts have ordered continued child support payments if the child remains a full-time student up to a certain level of education.
Turn off your mind relax and float down-stream,
It is not dying, it is not dying,
Lay down all thought surrender to the void,
It is shining, it is shining.
That you may see the meaning of within,
It is being, it is being,
That love is all and love is everyone,
It is knowing, it is knowing.
(Album: Revolver)
Torts: “Tomorrow Never Knows,” written by John Lennon, is known for its avant-garde and psychedelic sounds, which were heavily influenced by the emerging counterculture of the 1960s and the band’s experimentation with new recording techniques. Lennon was inspired to write the lyrics by the writings of Timothy Leary and other counterculture figures, as well as the Tibetan Book of the Dead. The lyrics explore themes of transcendence, enlightenment, and the dissolution of the ego.
Unlike most tort claims, where the plaintiff must demonstrate that the defendant's actions were negligent or intentional, strict liability cases don’t require the plaintiff to prove fault. The mere fact that the harm occurred due to the defendant's actions or product is enough to establish liability.
Tip: While strict liability doesn’t require proof of fault, defendants in strict liability cases can still present certain defenses. Common defenses include: assumption of risk (where the plaintiff knew and voluntarily accepted the risks associated with the activity or product; contributory negligence (where the plaintiff’s actions contributed to one’s own injuries; and product misuse (where the plaintiff used the product in a way that it wasn’t intended to be used).
86. Tell Me Why
Tell me why you cried.
And why you lied to me.
Tell me why you cried,
And why you lied to me.
Well, I gave you ev'rything I had,
But you left me sitting on my own.
Did you have to treat me oh so bad?
All I do is hang my head and moan.
(Album: A Hard Day’s Night)
Evidence: Written by John Lennon, “Tell Me Why" reflects themes of heartache and misunderstanding in a relationship. The lyrics, “Tell me why you cried, and why you lied to me,” suggest a plea for explanation and clarity from a partner who seems to have caused emotional pain.
These lyrics, slightly modified, can form the basis of interrogatories, which are written questions sent by one party to another. The purpose of interrogatories is to gather information from the other party to help prepare for trial. They can cover a wide range of topics, including the facts of the case, the identities of witnesses, and the nature of documents or evidence a party may possess.
Tip: There are limits to the number of interrogatories that can be posed. Under Rule 33, a party may serve on any other party no more than 25 interrogatories, including all discrete subparts, unless otherwise stipulated or ordered by the court. This limitation is intended to prevent abuse of the discovery process.
87. And I Love Her
A love like ours
Could never die,
As long as I
Have you near me.
Bright are the stars that shine,
Dark is the sky.
I know this love of mine
Will never die.
And I love her.
(Album: A Hard Day’s Night)
Civil Procedure: "And I Love Her" is a timeless love ballad that captures the essence of deep, unwavering love and devotion. The lines, “A love like ours could never die as long as I have you near me” and “I know this love of mine will never die,” express the enduring nature of love.
What else never ends? A defendant’s ability to move to dismiss a case for lack of subject matter jurisdiction never ends. This Rule 12(b)(1) can bever be waived. If a claim doesn’t belong in federal court, then it should be dismissed—even if the defense is brought for the first time on appeal, and even if the case has been proceeding for years.
Tip: The Rule 12(b)(1) motion for lack of subject matter jurisdiction is the only Rule 12(b) defense that may be brought at any time. Motions under Rules 12(b)(2) through 12(b)(5) must be made at the time the defendant files a motion or an answer—whichever is first. If the defendant doesn’t, the defendant waives these defenses. The defenses include lack of personal jurisdiction, improper venue, insufficient process, and insufficient service of process. Motions under Rules 12(b)(6) and 12(b)(7) can be made at any time prior to trial or at trial. These include a motion to dismiss for failure to state a claim and a motion to join a party needed for a just adjudication.
88. Lady Madonna
Lady Madonna, children at your feet,
Wonder how you manage to make ends meet.
Who finds the money when you pay the rent?
Did you think that money was heaven sent?
Friday night arrives without a suitcase.
Sunday morning creeping like a nun.
Monday's child has learned to tie his bootlace.
See how they run.
Lady Madonna, baby at your breast,
Wonder how you manage to feed the rest.
See how they run.
Lady Madonna, lying on the bed,
Listen to the music playing in your head.
Tuesday afternoon is never ending,
Wednesday morning papers didn't come,
Thursday night your stockings needed mending,
See how they run.
Lady Madonna, children at your feet,
Wonder how you manage to make ends meet.
(Album: Past Masters)
Civil Procedure: Paul McCartney wrote “Lady Madonna,” after seeing a photograph of a Malayo-Polynesian woman surrounded by three small children. The lyrics of “Lady Madonna” describe the life and struggles of a working-class mother, who is juggling multiple responsibilities like caring for her children, managing the household, and working hard to make ends meet. The lyrics include each day of the week except Saturday, which McCartney only noticed many years later: “I was writing the words out to learn it for an American TV show, and I realised I missed out Saturday … So I figured it must have been a real night out.”
While Saturday might have been left out of “Lady Madonna,” the day appears in the Federal Rules of Civil Procedure. Rule 6(a) outlines how time periods for various actions and deadlines in federal court cases should be calculated. The following principles apply: first, exclude the day of the event that triggers the time period (such as the day a document is served); second, count every day, including intermediate Saturdays, Sundays, and legal holidays; and, third, if the last day of the calculated period falls on a Saturday, Sunday, or legal holiday, then the deadline is extended to the next business day.
Tip: Rule 6(a) ensures that deadlines are calculated consistently, taking into account weekends, legal holidays, and the day of the triggering event. Rule 6(d) provides an additional three days for parties to respond to documents served by mail. This means that if a document is served by mail, the time to respond is extended by three days.
Born a poor young country boy
Mother Nature's son.
All day long I'm sitting singing songs for everyone.
Sit beside a mountain stream, see her waters rise.
Listen to the pretty sound of music as she flies.
Find me in my field of grass
Mother Nature's son.
Swaying daisies sing a lazy song beneath the sun.
Mother Nature's son.
(Album: The Beatles (the “White Album”))
Real Property: Paul McCartney wrote “Mother Nature’s Son” after hearing a lecture given by the Maharishi Mahesh Yogi while the Beatles were in India. The lyrics celebrate the beauty of the natural world, including references to mountains, fields of grass, and the sun.
When it comes to Real Property, life tenants have a legal duty to preserve the property for the future beneficiaries, often called the remaindermen or reversioners. Life tenants are generally prohibited from committing “waste,” which refers to acts that significantly harm or devalue the property. Exploiting natural resources in a manner that amounts to waste may not be allowed.
Tip: In cases of disputes or if the life tenant's actions are causing significant harm to the property or violating the terms of the life tenancy, the court may intervene and issue orders to protect the interests of the remaindermen.
If I needed someone to love you're the one that I'd be thinking of
If I needed someone
If I had some more time to spend
Then I guess I'd be with you my friend if I needed someone
Had you come some other day then it might not have been like this
But you see now I'm too much in love
(Album: Rubber Soul)
Subject: George Harrison wrote “If I Needed Someone,” and the song stands out as one of his more significant early contributions to the band’s catalog. The song’s lyrics suggest a scenario where Harrison’s actions (i.e., needing someone and thinking of the person) are contingent upon a specific condition (i.e., the need for love).
In a conditional contract, the obligations of the parties are dependent on the occurrence of a certain event or condition. There are three primary types of conditions in contract law. A condition precedent is an event that must occur before a party is required to perform a contractual obligation. If the condition precedent doesn’t occur, the contractual obligation doesn’t arise. A condition subsequent is an event that, if it occurs, releases a party from an obligation under a contract. Essentially, it is a condition that can end a party's contractual duty. Conditions concurrent are conditions that must occur simultaneously for the parties’ obligations to be enforceable. In other words, each party’s performance is conditioned upon the other party’s performance.
Tip: It's important to distinguish between the failure of a condition and a breach of contract. The failure of a condition is about the non-occurrence of an event that was a prerequisite for performance or continuation of the contract, whereas a breach of contract is an unjustified failure to perform one’s contractual obligations.
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