1L Exam Prep and Motivation Thread

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Cupidity
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Re: 1L Exam Prep and Motivation Thread

Postby Cupidity » Tue Dec 14, 2010 10:28 pm

rejectmaster wrote:i'm pretty excited to uh..
clean my apartment after my last final


I feel exactly the same way

that scares me.

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traehekat
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Re: 1L Exam Prep and Motivation Thread

Postby traehekat » Tue Dec 14, 2010 10:46 pm

i couldn't take it after the second exam, i had to clean my apt. and do laundry. well pretty much anything to stall me from more studying.

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fathergoose
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Re: 1L Exam Prep and Motivation Thread

Postby fathergoose » Tue Dec 14, 2010 11:22 pm

19 hours 7 minutes and roughly 30 seconds until I'm done.

so close, but so far away

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goosey
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Re: 1L Exam Prep and Motivation Thread

Postby goosey » Tue Dec 14, 2010 11:30 pm

does anyyyyone know the answer to this: if a plaintiff voluntarily dismisses a case under rule 41 [prior to an answer from the defendant] and then re-files the claim later with additional claims, is this considered an amendment to the pleadings?

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Gamecubesupreme
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Re: 1L Exam Prep and Motivation Thread

Postby Gamecubesupreme » Tue Dec 14, 2010 11:31 pm

All I can say is am I glad that my school scheduled civ pro to be the first final.

I would literally be crying myself to sleep if I have to study for civ pro now.

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fathergoose
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Re: 1L Exam Prep and Motivation Thread

Postby fathergoose » Tue Dec 14, 2010 11:35 pm

Gamecubesupreme wrote:All I can say is am I glad that my school scheduled civ pro to be the first final.

I would literally be crying myself to sleep if I have to study for civ pro now.

+1

Thank god it's Torts tomorrow. I have just gone over the elements a couple times and skimmed through my outline and canned answers. I'm probably screwed but at least I'll be able to pick up the low hanging fruit.

dakatz
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Re: 1L Exam Prep and Motivation Thread

Postby dakatz » Tue Dec 14, 2010 11:36 pm

Now on the homestretch. Intoxicating thoughts of sleep and extensive TV/video games are starting to creep into my head. Stay focused, damn it!!

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fathergoose
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Re: 1L Exam Prep and Motivation Thread

Postby fathergoose » Tue Dec 14, 2010 11:39 pm

dakatz wrote:Now on the homestretch. Intoxicating thoughts of sleep and extensive TV/video games are starting to creep into my head. Stay focused, damn it!!

I've got a month of DVR to catch up on, not to mention finally getting to play Black Ops.

I'm like a kid on xmas ever. But instead of visions of sugar plums its visions of bars, movies, and xbox controllers.

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bostonian
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Re: 1L Exam Prep and Motivation Thread

Postby bostonian » Tue Dec 14, 2010 11:48 pm

goosey wrote:does anyyyyone know the answer to this: if a plaintiff voluntarily dismisses a case under rule 41 [prior to an answer from the defendant] and then re-files the claim later with additional claims, is this considered an amendment to the pleadings?


Isn't 15(a) an amendment? I think refiling after a 41(a) dismissal is a new case, although 41(d) can require the plaintiff to pay for the defendant's legal fees from the first case.

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goosey
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Re: 1L Exam Prep and Motivation Thread

Postby goosey » Tue Dec 14, 2010 11:53 pm

bostonian wrote:
goosey wrote:does anyyyyone know the answer to this: if a plaintiff voluntarily dismisses a case under rule 41 [prior to an answer from the defendant] and then re-files the claim later with additional claims, is this considered an amendment to the pleadings?


Isn't 15(a) an amendment? I think refiling after a 41(a) dismissal is a new case, although 41(d) can require the plaintiff to pay for the defendant's legal fees from the first case.


thats what I thought too, but this kid in my section says that its the same case...and same pleadings...so adding another claim would require an amendment

my issue with that is, what makes a reg piece of paper into a "pleading" is filing it. so if somebody is going to refile a case, and before they do, they add complaints, theyre not amending a "pleading" in the sense that if something is not even filed w/a court, how can it be a pleading?

this kid says that refiling means you are refiling exactly what you claimed before

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kalvano
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Re: 1L Exam Prep and Motivation Thread

Postby kalvano » Wed Dec 15, 2010 12:09 am

fathergoose wrote:
dakatz wrote:Now on the homestretch. Intoxicating thoughts of sleep and extensive TV/video games are starting to creep into my head. Stay focused, damn it!!

I've got a month of DVR to catch up on, not to mention finally getting to play Black Ops.

I'm like a kid on xmas ever. But instead of visions of sugar plums its visions of bars, movies, and xbox controllers.



This. Well, DVR and dragging my wife to Ginger Man.

rejectmaster
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Re: 1L Exam Prep and Motivation Thread

Postby rejectmaster » Wed Dec 15, 2010 1:06 am

as you take your next exam... aural-hallucinate this and you will do better, or at least feel really cool while taking it
http://www.youtube.com/watch?v=CdMf-86Evro

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bostonian
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Re: 1L Exam Prep and Motivation Thread

Postby bostonian » Wed Dec 15, 2010 1:18 am

goosey wrote:
bostonian wrote:
goosey wrote:does anyyyyone know the answer to this: if a plaintiff voluntarily dismisses a case under rule 41 [prior to an answer from the defendant] and then re-files the claim later with additional claims, is this considered an amendment to the pleadings?


Isn't 15(a) an amendment? I think refiling after a 41(a) dismissal is a new case, although 41(d) can require the plaintiff to pay for the defendant's legal fees from the first case.


thats what I thought too, but this kid in my section says that its the same case...and same pleadings...so adding another claim would require an amendment

my issue with that is, what makes a reg piece of paper into a "pleading" is filing it. so if somebody is going to refile a case, and before they do, they add complaints, theyre not amending a "pleading" in the sense that if something is not even filed w/a court, how can it be a pleading?

this kid says that refiling means you are refiling exactly what you claimed before



Mmmm, that doesn't really make sense though - it seems that if you dismiss the claim, you dismiss the claim. Rule 41 just allows the plaintiff to do it once without prejudice. When you refile, it should be a new claim. Also, the language of 41(d) seems to imply that a new claim isn't necessarily exactly the same:
If a plaintiff who previously dismissed an action in any court files an action based on or including the same claim against the same defendant...

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goosey
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Re: 1L Exam Prep and Motivation Thread

Postby goosey » Wed Dec 15, 2010 1:33 am

bostonian wrote:
Mmmm, that doesn't really make sense though - it seems that if you dismiss the claim, you dismiss the claim. Rule 41 just allows the plaintiff to do it once without prejudice. When you refile, it should be a new claim. Also, the language of 41(d) seems to imply that a new claim isn't necessarily exactly the same:
If a plaintiff who previously dismissed an action in any court files an action based on or including the same claim against the same defendant...


yeah that language totally convinces me that its not the same claim.

I need to learn to be more confident in what I think instead of thinking everyone else *must* be right

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beach_terror
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Re: 1L Exam Prep and Motivation Thread

Postby beach_terror » Wed Dec 15, 2010 1:34 am

Crim,

get hit by a septa bus

beach

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fathergoose
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Re: 1L Exam Prep and Motivation Thread

Postby fathergoose » Wed Dec 15, 2010 1:36 am

beach_terror wrote:Crim,

get hit by a septa bus

beach


Crim was the most fun (if you can use that word in this type of situation) thus far. Finite number of different crimes people can be committing. Make sure to hit all the easy ones that everyone will get, and then try and get creative.

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beach_terror
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Re: 1L Exam Prep and Motivation Thread

Postby beach_terror » Wed Dec 15, 2010 1:38 am

fathergoose wrote:
beach_terror wrote:Crim,

get hit by a septa bus

beach


Crim was the most fun (if you can use that word in this type of situation) thus far. Finite number of different crimes people can be committing. Make sure to hit all the easy ones that everyone will get, and then try and get creative.

I'm just frustrated with the way everything is set up. If my teacher asks for MPC or the CL, I feel like I'm not going to be able to access the differences quick enough. I feel like I need to reoutline the entire course because the MPC/CL is thrown together in our shitty text.

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kalvano
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Re: 1L Exam Prep and Motivation Thread

Postby kalvano » Wed Dec 15, 2010 1:38 am

fathergoose wrote:
beach_terror wrote:Crim,

get hit by a septa bus

beach


Crim was the most fun (if you can use that word in this type of situation) thus far. Finite number of different crimes people can be committing. Make sure to hit all the easy ones that everyone will get, and then try and get creative.



To be fair, we had a fantastic professor who went out of his way to make it interesting and clear.

I can see how it could easily be an awful subject.

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IAFG
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Re: 1L Exam Prep and Motivation Thread

Postby IAFG » Wed Dec 15, 2010 1:39 am

beach_terror wrote:
fathergoose wrote:
beach_terror wrote:Crim,

get hit by a septa bus

beach


Crim was the most fun (if you can use that word in this type of situation) thus far. Finite number of different crimes people can be committing. Make sure to hit all the easy ones that everyone will get, and then try and get creative.

I'm just frustrated with the way everything is set up. If my teacher asks for MPC or the CL, I feel like I'm not going to be able to access the differences quick enough. I feel like I need to reoutline the entire course because the MPC/CL is thrown together in our shitty text.

there's a table floating around that separates it. i also used a dressler outline.

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kalvano
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Re: 1L Exam Prep and Motivation Thread

Postby kalvano » Wed Dec 15, 2010 1:39 am

beach_terror wrote:I'm just frustrated with the way everything is set up. If my teacher asks for MPC or the CL, I feel like I'm not going to be able to access the differences quick enough. I feel like I need to reoutline the entire course because the MPC/CL is thrown together in our shitty text.



You know what really gets me?

Our professor made a big deal about "common law" crimes and how they don't really exist anymore. How everything must be codified by statute.

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beach_terror
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Re: 1L Exam Prep and Motivation Thread

Postby beach_terror » Wed Dec 15, 2010 1:39 am

IAFG wrote:
beach_terror wrote:
fathergoose wrote:
beach_terror wrote:Crim,

get hit by a septa bus

beach


Crim was the most fun (if you can use that word in this type of situation) thus far. Finite number of different crimes people can be committing. Make sure to hit all the easy ones that everyone will get, and then try and get creative.

I'm just frustrated with the way everything is set up. If my teacher asks for MPC or the CL, I feel like I'm not going to be able to access the differences quick enough. I feel like I need to reoutline the entire course because the MPC/CL is thrown together in our shitty text.

there's a table floating around that separates it. i also used a dressler outline.

oooo, I want

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beach_terror
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Re: 1L Exam Prep and Motivation Thread

Postby beach_terror » Wed Dec 15, 2010 1:40 am

kalvano wrote:
fathergoose wrote:
beach_terror wrote:Crim,

get hit by a septa bus

beach


Crim was the most fun (if you can use that word in this type of situation) thus far. Finite number of different crimes people can be committing. Make sure to hit all the easy ones that everyone will get, and then try and get creative.



To be fair, we had a fantastic professor who went out of his way to make it interesting and clear.

I can see how it could easily be an awful subject.

Think of it being like your class is, then think the opposite, then add in an annoying accent and hyper-disorganization.

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Stanford4Me
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Re: 1L Exam Prep and Motivation Thread

Postby Stanford4Me » Wed Dec 15, 2010 1:41 am

beach_terror wrote:
kalvano wrote:
fathergoose wrote:
beach_terror wrote:Crim,

get hit by a septa bus

beach


Crim was the most fun (if you can use that word in this type of situation) thus far. Finite number of different crimes people can be committing. Make sure to hit all the easy ones that everyone will get, and then try and get creative.



To be fair, we had a fantastic professor who went out of his way to make it interesting and clear.

I can see how it could easily be an awful subject.

Think of it being like your class is, then think the opposite, then add in an annoying accent and hyper-disorganization.


Yeah, my Crim professor definitely went out of his way to be as unorganized and incomprehensible as possible. Great guy, though.

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fathergoose
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Re: 1L Exam Prep and Motivation Thread

Postby fathergoose » Wed Dec 15, 2010 1:42 am

beach_terror wrote:I'm just frustrated with the way everything is set up. If my teacher asks for MPC or the CL, I feel like I'm not going to be able to access the differences quick enough. I feel like I need to reoutline the entire course because the MPC/CL is thrown together in our shitty text.

Well just know the major distinctions. If it's anything like ours, it will be virtually impossible to discuss all the different potential crimes AND discuss them under MPC/CL/Whatever Jurisdiction your in.

But yes our prof was a G.

stayway
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Re: 1L Exam Prep and Motivation Thread

Postby stayway » Wed Dec 15, 2010 1:47 am

beach_terror wrote:annoying accent and hyper-disorganization.


don't forget the excessive stuttering and the awful laugh




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