Learning from The Beatles (Part 8 - Songs 71 to 80)
More than 50 years after the late John Lennon initially wrote and recorded "Now and Then," the remaining two living members of The Beatles completed and released the previously unfinished song. Dubbed the "last Beatles song" by Paul McCartney, "Now and Then" utilized new technology developed by filmmaker Peter Jackson to isolate Lennon's vocals from the piano he was playing on an old recording to produce clear tracks needed to finalize the song.
“There it was, John’s voice, crystal clear. It’s quite emotional. And we all play on it, it’s a genuine Beatles recording. In 2023 to still be working on Beatles music, and about to release a new song the public haven’t heard, I think it’s an exciting thing,” McCartney said in a statement, announcing the release of the new song last week.
Besides Lennon's vocal track, “Now And Then” also includes electric and acoustic guitar recorded in 1995 by the late George Harrison. Ringo Starr recorded a new drum part, and McCartney played bass, guitar, and piano. Both contributed backing vocals to the chorus.
What better way to celebrate The Beatles' newest song than for me to release yet another installment to my "Learning from The Beatles" series, where I attempt to tie every Beatles song back to some important legal rule or tip for the bar exam. It's a journey I first undertook in 2018. Needless to say, I hope it doesn't take me as long to finish connecting every Beatles song to a legal concept as it did for The Beatles to release "Now and Then."
71. Now and Then
I know it's true
It's all because of you
And if I make it through
It's all because of you
And now and then (Ah-ah)
If we must start again (Ah-ah)
Well, we will know for sure
That I love you
Evidence: “Now and Then,” released on Nov. 2, 2023, was written and sung by John Lennon, developed and worked on by Paul McCartney, George Harrison, and Ringo Starr, and now finally finished by McCartney and Starr more than five decades later. Released as a double A-side single, “Now And Then” was paired with its first U.K. single, “Love Me Do,” which was originally released in 1962.
The phrase “now and then” typically means occasionally or from time to time, rather than habitually or regularly. It indicates that something happens sometimes, but not frequently or according to a predictable pattern. It suggests irregularity rather than a habit or routine. In contrast, something that is done habitually implies a consistent and regular pattern of behavior—something done often and repeatedly as a matter of habit. Under Federal Rule of Evidence 406, evidence of a person’s habit may be admitted to prove that on a particular occasion the person acted in accordance with the habit.
Tip: To qualify as habit evidence, the behavior must be: (i) regular (i.e., it’s not just something that the person does often; rather, it’s something the person must do so regularly that it’s almost automatic); (ii) specific (i.e., it isn’t a general way of behaving, but rather a specific reaction to a specific trigger); and (iii) repeated (i.e., there must be enough instances to show a pattern of routine behavior in response to the repeated situation).
72. I Feel Fine
Baby's good to me, you know,
She's happy as can be, you know,
She said so.
I'm in love with her and I feel fine.
(Album: Past Masters)
Evidence: “I Feel Fine” was released in 1964 and quickly climbed the charts to reach the No. 1 position in both the U.K. and the U.S. One of the most recognizable features of “I Feel Fine” is its feedback introduction, making it one of the first popular songs to use this audio effect deliberately. This was achieved when John Lennon accidentally struck his guitar against an amplifier, producing the feedback sound. Recognizing the potential of the unique sound, the band decided to incorporate it into the song. In this song, Lennon states how he feels: “I feel fine.”
Similarly, patients may communicate to their doctors or other medical professionals about their physical or emotional sensations or feelings. Such patient declarations, while meeting the definition of hearsay (an out-of-court stating being used to prove the truth of the matter asserted), are usually considered trustworthy and, therefore, fall within an exception to the hearsay.
Tip: Under the Federal Rule of Evidence 803(4), statements made for the purpose of medical diagnosis or treatment describing medical history, past or present symptoms, pain, or sensations, or the inception or general character of the cause or external source thereof aren't excluded by the hearsay rule, even if the declarant is available as a witness. The rationale is that people are likely to be truthful when seeking medical treatment because of the potential consequences of providing inaccurate information.
73. This Boy
That boy took my love away,
He'll regret it someday
But this boy wants you back again.
That boy isn't good for you,
Though he may want you too,
This boy wants you back again.
(Album: Past Masters)
Torts: “This Boy” was one of just a handful of Beatles songs that was song by three of the Beatles: Lennon, McCartney, and Harrison. The Beatles performed “This Boy” on their second Ed Sullivan Show appearance in 1964.
In negligence actions, most courts require that a child is required to conform to the standard of care of a child of like age, education, intelligence, and experience. This is a subjective analysis. In other words, when determining a boy’s negligence on the bar exam, look at “this boy’s” age, education, intelligence, and experience, and compare it with similar children with the same age, education, intelligence, and experience.
Tip: Remember that the above child standard of care in negligence actions doesn’t apply when the child is engaged in an adult activity. If the child is engaged in an adult activity, like driving a car or flying an airplane, the child is required to act as a reasonable adult engaged in that same activity (see “Flying”).
74. Get Back
Jo Jo was a man who thought he was a loner,
But he knew it couldn't last.
Jo Jo left his home in Tucson Arizona,
For some California grass.
Get back, get back.
Get back to where you once belonged
Get back, get back.
Get back to where you once belonged.
(Album: Let It Be)
Civil Procedure: “Get Back” was the title track of the “Get Back” album, which was eventually reworked to become “Let It Be.” The song has an upbeat, classic rock and roll feel and was one of the group’s later hits, recorded during the tumultuous “Let It Be” sessions that were characterized by tension and disagreement among the band members. The song was credited to “the Beatles with Billy Preston,” the only Beatles single that credited another artist at their request.
In Civil Procedure, “relation back” is a doctrine that allows an amended pleading to relate back to the date of the original pleading. This is often an issue when a plaintiff seeks to correct a mistake or oversight in their initial pleading, such as the misidentification of a party or an incorrect statement of a claim, and the statute of limitations has since expired. So, just as The Beatles might sing, “Get back to where you once belonged,” a lawyer might think of an amended pleading “getting back” to the date of the original pleading for legal purposes. The essence of both is about returning to an earlier point in time.
Tip: The key to the “relation back” doctrine is that the amendment must arise out of the same conduct, transaction, or occurrence set forth in the original pleading. For example, if a lawsuit was filed within the appropriate statute of limitations, but the plaintiff later realizes that they named the wrong defendant, the plaintiff may amend the complaint to include the correct defendant. Under the “relation back” doctrine, if the amendment is closely enough connected to the original pleading’s facts, the date of the original pleading is used for statute of limitations purposes—not the date when the amendment was made.
75. Yesterday
Yesterday, all my troubles seemed so far away,
Now it looks as though they're here to stay,
Oh, I believe in yesterday
Suddenly, I'm not half the man I used to be
There's a shadow hanging over me
Oh, yesterday came suddenly
(Album: Help!)
Criminal Law: “Yesterday” is about someone longing for the past before things went wrong.
Similarly, in Criminal Law, a retroactive law applies to events that occurred in the past. An ex post facto law, which is prohibited by the U.S. Constitution, applies to acts that occurred before the law was enacted and often changes the legal consequences of those acts. The Constitution’s prohibition on ex post facto laws applies only to criminal cases—and not civil matters.
Tip: When Paul McCartney first composed the melody for “Yesterday,” he didn't have the lyrics for it. To remember the tune, he used the placeholder lyrics “Scrambled eggs, oh my baby how I love your legs,” until he could come up with the final words for the song. Scrambled eggs can be a good breakfast choice before an exam for several reasons. First, eggs are a high-quality protein source. A breakfast high in protein can lead to greater mental alertness and is linked to better performance on tasks requiring concentration, memory, and higher-order cognitive functions. Second, the protein in eggs provides a feeling of fullness or satiety, which can help prevent hunger during an exam. Third, unlike high-sugar breakfasts that can lead to a rapid increase and subsequent crash in blood sugar levels, the protein and fat in eggs provide a slower, more sustained release of energy, helping to maintain stable glucose levels in the blood. This stable energy release helps maintain cognitive function over an extended period.
76. I’m a Loser
I'm a loser, and I lost someone who's near to me,
I'm a loser, and I'm not what I appear to be.
What have I done to deserve such a fate?
I realize I have left it too late.
And so it's true, pride comes before a fall,
I'm telling you so that you won't lose all.
I'm a loser, and I lost someone who's near to me,
I'm a loser, and I'm not what I appear to be.
(Album: Beatles For Sale)
Evidence: The lyrics of “I’m a Loser” express self-deprecation and vulnerability, diving into themes of loss and identity. The song is seen as a significant step in The Beatles’ artistic development, transitioning to the more complex and personal songwriting that would come in later albums such as Rubber Soul and Revolver.
The song's title, “I’m a Loser," could be considered a self-incriminating statement, and this could help students remember the concept that parties’ own statements can sometimes be used against them in court. Under the Federal Rules of Evidence, a statement by an opposing party (previously known as an “admission by a party-opponent”) isn't hearsay. Any statement made by a party and offered against that party is characterized as an exclusion to the hearsay rule and is, therefore, admissible as substantive evidence. Afterall, the party who made the prior statement can hardly complain about not having had the opportunity to cross-examine himself.
Tip: Don't confuse hearsay exclusions (sometimes referred to as “exemptions”) with hearsay exceptions. Hearsay exclusions aren't technically considered hearsay under the Federal Rules of Evidence, even though they meet the definition of a hearsay statement (e.g., an out-of-court statement used to prove the truth of the matter asserted). Hearsay exceptions, on the other hand, do meet the definition of hearsay. But these statements can be admitted as substantive evidence if they meet certain conditions, often because they are considered reliable due to their nature or the circumstances in which they were made.
77. It Won't Be Long
It won't be long, yeah, (Yeah) yeah, (Yeah) yeah, (Yeah)
It won't be long, yeah, (Yeah) yeah, (Yeah) yeah, (Yeah)
It won't be long, yeah, (Yeah) till I belong to you.
Ev'ry night when ev'rybody has fun,
Here am I sitting all on my own.
(Album: With The Beatles)
Criminal Law: Although credited to John and Paul McCartney, “It Won't Be Long” was primarily a Lennon composition, with McCartney assisting with the lyrics and arrangement. The song starts with a series of “yeah” responses to the end of each line, a pattern that echoes throughout the song, highlighting The Beatles’ early signature sound that was heavily influenced by American rock and roll.
In Criminal Law, a defendant has the right to a speedy trial as protected by the Sixth Amendment. The right to a speedy trial is intended to limit the amount of time the government can detain accused individuals before trial, thus preventing prolonged incarceration without a determination of guilt and ensuring that the government prosecutes cases in a timely manner.
Tip: When determining whether the right to a speedy trial has been violated, courts generally consider a set of factors: (i) the amount of time between the charge and the trial; (ii) whether the delay is attributed to the prosecution or to the defense, and if the delay is for legitimate reasons; (iii) whether and how often the defendant asserted their right to a speedy trial; (iv) whether the defendant suffered prejudice due to the delay, which can include oppressive pretrial incarceration, anxiety and concern, and the possibility of an impaired defense. If a court finds that a defendant’s right to a speedy trial has been violated, the remedy is typically the dismissal of the charges.
78. Rain
If the rain comes they run and hide their heads.
They might as well be dead,
If the rain comes, if the rain comes.
When the sun shines they slip into the shade,
And sip their lemonade,
When the sun shines, when the sun shines.
Rain, I don't mind,
Shine, the weather's fine.
(Album: Past Masters)
Contracts and Sales: “Rain” is often cited by Beatles fans and music critics as one of the band’s best and most overlooked songs, due in part to its original release as the B-side to “Paperback Writer.” The track showcases the group's evolving inclination to craft melodies that transcended the era's typical romantic tunes, delving into deeper self-reflection and existential subject matter.
In contracts, the frustration of purpose doctrine is applied when an unforeseen event undermines the fundamental reason for entering into a contract, thus rendering the performance of the contract pointless. This doctrine requires the following requirements: (i) a supervening act or event (this means that after the contract was formed, an unexpected event occurred that wasn't caused by either party); (ii) unforeseeability (the event wasn't something that the parties could have reasonably anticipated at the time they entered into the contract; (iii) destruction of the contract’s purpose (the unexpected event has to be so significant that it completely, or almost completely, destroys the purpose of the contract; and (iv) mutual recognition of purpose (both parties must have understood and agreed to this central purpose at the time the contract was made). When these elements are met, the contract may be considered frustrated, and the parties are excused from performing their contractual obligations.
Tip: The rationale behind the frustration of purpose doctrine is that the fulfillment of the contract, due to the unforeseen event, would be radically different from what the parties had agreed to. The threshold for claiming frustration of purpose is quite high, and this defense isn't easily accepted. The fact that a contract becomes more difficult or less profitable isn't sufficient. The core reason for entering into the contract must be destroyed.
79. Two of Us
Two of us riding nowhere,
Spending someone's hard earned pay.
You and me Sunday driving
Not arriving on our way back home.
(Album: Let It Be)
Partnership: “Two of Us” first appeared on The Beatles’ final studio album “Let It Be” released in 1970. Written by Paul McCartney and John Lennon, the song reflects on their long-standing partnership and friendship.
In a similar way, this song can be linked metaphorically to a legal concept often addressed on the bar exam: partnership formation. A partnership is an association of two or more persons carrying on a business as co-owners for profit.
Tip: For a valid partnership, no formal requirements need be met. Neither is a writing required. Several past bar exam questions require examinees to know the differences between a general partnership and a limited partnership (not to be confused with a limited liability partnership). A general partnership is composed of only general partners. On the other hand, a limited partnership is composed of one or more general partners and one or more limited partners. A limited partnership differs from a general partnership in two basic ways: (1) a limited partnership is unknown at common law and is created under specific statutory authority; and (2) the liability of a limited partner for partnership debts is generally limited to the capital that she contributes to the partnership.
80. I Will
Who knows how long I've loved you,
You know I love you still.
Will I wait a lonely lifetime,
If you want me to I will.
(Album: The Beatles (the "White Album"))
Contracts and Sales: Paul McCartney had the melody for “I Will” early on in his career, but he couldn’t finalize the lyrics until several years later. And even after McCartney had finalized the lyrics, it took 67 takes before the group decided to use Take 65 as the final version, which would appear on the “White Album.”
A suretyship contract involves a promise to pay the debt of another (e.g., when a father states to a creditor, “I will pay my son’s purchase of your products if he fails to do.” A surety promise is within the Statute of Frauds and, therefore, must be evidenced by a signed writing to be enforceable.
Tip: The surety promise must be collateral to another person’s promise to pay. The promise to pay cannot be a primary promise to pay. For example, in contrast to the statement above, the father’s statement, “I will pay my son’s purchase of your products” is a primary promise and, as such, doesn’t within the Statute of Frauds.
Previous "Learning from The Beatles" installments:
