1L Exam Prep and Motivation Thread

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
thrillerjesus
Posts: 78
Joined: Sun Jun 20, 2010 5:43 am

Re: 1L Exam Prep and Motivation Thread

Postby thrillerjesus » Thu Oct 28, 2010 8:20 pm

clintonius wrote:For that matter, I shouldn't have to do all that silly formatting in the search. Google would know this. If one of those two search engines purchased the rights to Google's algorithm they'd drive the other out of business inside of a year.


WestlawNext uses a single search box with google-like functionality. It is awesome. Supposedly Lexis is hurrying to come out with a comparable product, because this honestly makes both Lexis and regular Westlaw look absurdly anachronistic.

User avatar
Compaq1984
Posts: 180
Joined: Fri Oct 16, 2009 12:23 pm

Re: 1L Exam Prep and Motivation Thread

Postby Compaq1984 » Fri Oct 29, 2010 1:56 pm

good stuff...thanks

User avatar
zeth006
Posts: 1167
Joined: Tue May 12, 2009 2:54 am

Re: 1L Exam Prep and Motivation Thread

Postby zeth006 » Sat Oct 30, 2010 12:27 pm

I guess judging from the responses it's time to go into full gear?


Will do. Weekend plan is to do Monday's reading and gun through a 2nd draft for LWR. I stopped caring about that damn class.

Rock on, all.

User avatar
SmittenMitten
Posts: 180
Joined: Tue Jan 12, 2010 12:18 pm

Re: 1L Exam Prep and Motivation Thread

Postby SmittenMitten » Sat Oct 30, 2010 10:25 pm

Every time I tell myself I am going to stop caring about LRW, I get sucked back in by having some sort of breakdown in response to a grade or comment. LRW=I wish I could quit you.

User avatar
ArchRoark
Posts: 1000
Joined: Sat Jul 03, 2010 2:53 pm

Re: 1L Exam Prep and Motivation Thread

Postby ArchRoark » Sat Oct 30, 2010 10:32 pm

Paichka wrote:I'll be happy to post my chart if anyone wants to see it, if someone can explain how. I'm technologically illiterate.

I would love to see your chart. You could always host the file at: http://www.hotfile.com or a similar hosting website. Let me know what you are having trouble with.

User avatar
beach_terror
Posts: 7249
Joined: Tue Dec 01, 2009 10:01 pm

Re: 1L Exam Prep and Motivation Thread

Postby beach_terror » Sat Oct 30, 2010 11:08 pm

Starting up a written schedule to follow from here till the end of the semester. We get our graded memo on Monday, so I figure I need to discipline myself. Going to try to stick with finishing the readings for the week by Sunday/Monday that I've been doing, it frees up massive blocks of times at the end of the week for outlining, review, etc.

User avatar
goosey
Posts: 1543
Joined: Tue Aug 19, 2008 11:48 pm

Re: 1L Exam Prep and Motivation Thread

Postby goosey » Sat Oct 30, 2010 11:45 pm

did a practice question from an old exam, untimed, just to get the gist of it and am meeting with my professor to discuss it this week. Planning one times practice test a week per class from now until finals. My outlines are mostly up to date...I started a table for the rules for civ pro that I am a bit behind on but will hopefully catch up this week..I want to be totally up to date with my outline and these tables I have before thanksgiving break. Will use break to re-read my casebooks (recommendation from upperclassman that did very well) and re-extraxt rules as needed, given that I will likely have a better grasp on what I should be taking away from cases by then...will also spend november memorizing my torts outline via flashcards. Its my last exam [thank god!] so I have lots of time to memorize for it, so thats a relief.

My crim final is take home so I am not super worried about the outline length---is that stupid of me? I am also not planning on re-reading my crim casebook, because we have been doing practice questions that are like our final all semester and also had a practice midterm, and I just dont see re-reading cases as being even remotely useful.

civ pro..I will probably re-read cases and then go through the entire e&e, including the examples, the week leading up to the exam. My exams are a week apart, so thats nice.

User avatar
electricfeel
Posts: 101
Joined: Sun Apr 11, 2010 9:36 pm

Re: 1L Exam Prep and Motivation Thread

Postby electricfeel » Sat Oct 30, 2010 11:49 pm

Tiva wrote:
Paichka wrote:I'll be happy to post my chart if anyone wants to see it, if someone can explain how. I'm technologically illiterate.

I would love to see your chart. You could always host the file at: http://www.hotfile.com or a similar hosting website. Let me know what you are having trouble with.


+1

User avatar
jdubb990
Posts: 184
Joined: Tue Aug 11, 2009 12:16 am

Re: 1L Exam Prep and Motivation Thread

Postby jdubb990 » Sun Oct 31, 2010 3:57 pm

Only one of my professors gives out practice exams and she only gives out 2. Also, my school has no exam bank. :(

User avatar
IAFG
Posts: 6665
Joined: Mon Jun 15, 2009 1:26 pm

Re: 1L Exam Prep and Motivation Thread

Postby IAFG » Sun Oct 31, 2010 4:05 pm

jdubb990 wrote:Only one of my professors gives out practice exams and she only gives out 2. Also, my school has no exam bank. :(

somewhere around here there are links to some good practice exams from other schools. most 1L classes are similar enough that i would feel comfortable using another prof's prompts.

User avatar
beach_terror
Posts: 7249
Joined: Tue Dec 01, 2009 10:01 pm

Re: 1L Exam Prep and Motivation Thread

Postby beach_terror » Sun Oct 31, 2010 4:08 pm

IAFG wrote:
jdubb990 wrote:Only one of my professors gives out practice exams and she only gives out 2. Also, my school has no exam bank. :(

somewhere around here there are links to some good practice exams from other schools. most 1L classes are similar enough that i would feel comfortable using another prof's prompts.


You can always try to go the professor after using another prof's hypos and try to discuss it some. I'd be surprised if the teacher refused to go over something with a student that shows initiative and a desire to learn and do well.

User avatar
zeth006
Posts: 1167
Joined: Tue May 12, 2009 2:54 am

Re: 1L Exam Prep and Motivation Thread

Postby zeth006 » Sun Oct 31, 2010 7:44 pm

SmittenMitten wrote:Every time I tell myself I am going to stop caring about LRW, my ex I get sucked back in by having some sort of breakdown in response to a grade or comment her saying she wants me back. LWR=I wish I could quit you her.



FTFY

User avatar
Paichka
Posts: 287
Joined: Sat Mar 15, 2008 11:17 am

Re: 1L Exam Prep and Motivation Thread

Postby Paichka » Mon Nov 01, 2010 10:48 am

Okay, as requested:

My Criminal Law Attack Sheet (LinkRemoved)
My List of Contracts Defenses -- First Semester (LinkRemoved) (common law) -- Second Semester (LinkRemoved) (UCC)

Hope I did that right. One of the things I found most helpful was to write down in my outline or attack sheet all of the claims that a party might have, and all of the defenses to those claims, along with any responses to the defenses. You'll see where I did that (hopefully) in the above documents. :) Hope this helps.

DISCLAIMER: I still recommend HIGHLY making your own outlines and associated materials. My materials were extremely successful FOR ME, but that's largely because I made them. I think the most effective outline you can have is the one that you make.

User avatar
beach_terror
Posts: 7249
Joined: Tue Dec 01, 2009 10:01 pm

Re: 1L Exam Prep and Motivation Thread

Postby beach_terror » Mon Nov 01, 2010 5:47 pm

Paichka wrote: Hope this helps.


Awesome, I'm definitely going to be making one of these! Thanks a ton again Paichka.

Kobe_Teeth
Posts: 964
Joined: Fri Dec 18, 2009 1:40 am

Re: 1L Exam Prep and Motivation Thread

Postby Kobe_Teeth » Tue Nov 02, 2010 12:08 am

I am having a hard time balancing between where to go in-depth and where to only write 1-2 sentences. For instance, can 1 battery claim ever be summed up in 1-2 sentences. A punches B because B looked at her crossly. Can that be done in 1-2 sentences? Is "crossly" just vague enough to warrant a self-defense discussion?

Sorta unrelated to this, I get hung up on intent every time. It is hard to discuss both sides of intent in a short concise manner when its at all ambiguous. Obviously, "A punches B" does not warrant much intent discussion. But "A punches B in a friendly manner but they aren't friends." The law is easy, but I get hung up on discussing this in an airtight manner.

User avatar
GeePee
Posts: 1273
Joined: Fri Jul 03, 2009 7:35 pm

Re: 1L Exam Prep and Motivation Thread

Postby GeePee » Tue Nov 02, 2010 12:25 am

Kobe_Teeth wrote:I am having a hard time balancing between where to go in-depth and where to only write 1-2 sentences. For instance, can 1 battery claim ever be summed up in 1-2 sentences. A punches B because B looked at her crossly. Can that be done in 1-2 sentences? Is "crossly" just vague enough to warrant a self-defense discussion?

Sorta unrelated to this, I get hung up on intent every time. It is hard to discuss both sides of intent in a short concise manner when its at all ambiguous. Obviously, "A punches B" does not warrant much intent discussion. But "A punches B in a friendly manner but they aren't friends." The law is easy, but I get hung up on discussing this in an airtight manner.

When it's not an airtight situation, you don't need to discuss it in such a matter. Further, the law even helps you on the last situation because Keeton and Prosser each suggest something different in their discussion of intent: does the intent need to be just to contact, or to contact in a harmful or offensive manner? If you feel the need to be brief, just mention that ambiguity in the law and move on. Take your cues on what to spend time on based on what you've discussed in class.

User avatar
beach_terror
Posts: 7249
Joined: Tue Dec 01, 2009 10:01 pm

Re: 1L Exam Prep and Motivation Thread

Postby beach_terror » Tue Nov 02, 2010 1:24 pm

Quick negligence per se question:

Okay so lets say someone complies with a statute, and even though they have complied with it, someone is injured (building a fence around a pool that's 4 feet high and a child climbs over and drowns). For the lulz, lets say the person lives next to a daycare center for children who have Steven Seagal like ability for breaking into things.

Now, it's clear that there was no statutory violation here, but the E&E suggests that meeting the statutory minimum is not the equivalent of meeting the reasonable standard of care. In effect, doesn't this just become an issue of ordinary negligence, not negligence per se? Glannon doesn't give a clear answer, but this is logically what seems to make sense. The statute wasn't violated, but the conduct was still unreasonable, so there's redress through ye old negligence doctrine, correct?

User avatar
Encyclopedia Brown
Posts: 595
Joined: Fri Oct 16, 2009 7:25 am

Re: 1L Exam Prep and Motivation Thread

Postby Encyclopedia Brown » Tue Nov 02, 2010 1:51 pm

beach_terror wrote:Quick negligence per se question:

Okay so lets say someone complies with a statute, and even though they have complied with it, someone is injured (building a fence around a pool that's 4 feet high and a child climbs over and drowns). For the lulz, lets say the person lives next to a daycare center for children who have Steven Seagal like ability for breaking into things.

Now, it's clear that there was no statutory violation here, but the E&E suggests that meeting the statutory minimum is not the equivalent of meeting the reasonable standard of care. In effect, doesn't this just become an issue of ordinary negligence, not negligence per se? Glannon doesn't give a clear answer, but this is logically what seems to make sense. The statute wasn't violated, but the conduct was still unreasonable, so there's redress through ye old negligence doctrine, correct?

Correct. Compliance with the statute is evidence of reasonable care (no breach), but it's not dispositive.

User avatar
Paichka
Posts: 287
Joined: Sat Mar 15, 2008 11:17 am

Re: 1L Exam Prep and Motivation Thread

Postby Paichka » Tue Nov 02, 2010 1:53 pm

beach_terror wrote:Quick negligence per se question:

Okay so lets say someone complies with a statute, and even though they have complied with it, someone is injured (building a fence around a pool that's 4 feet high and a child climbs over and drowns). For the lulz, lets say the person lives next to a daycare center for children who have Steven Seagal like ability for breaking into things.

Now, it's clear that there was no statutory violation here, but the E&E suggests that meeting the statutory minimum is not the equivalent of meeting the reasonable standard of care. In effect, doesn't this just become an issue of ordinary negligence, not negligence per se? Glannon doesn't give a clear answer, but this is logically what seems to make sense. The statute wasn't violated, but the conduct was still unreasonable, so there's redress through ye old negligence doctrine, correct?


Well, that would appear to not be negligence per se, as there's no statutory violation. So yes, once you've determined that there is no negligence per se (which just gets you over the duty and breach hurdles, not the causation and injury hurdles) you do the analysis for ordinary negligence. Simply meeting a statutory minimum doesn't make one reasonable, PARTICULARLY when you're talking about children.

A person can be liable to children in a way that they wouldn't be liable to adults. Having an attractive nuisance on your property (like a pool, potentially) essentially creates an affirmative duty in the property owner. If the property owner:

1) knows there are children in the area
2) knows that the condition may cause serious bodily harm the danger of which a child would not appreciate
3) the cost of eliminating the danger is low compared to the risk involved, and
4) the owner did not exercise reasonable care to prevent children

Then the property owner might be liable for that child's injuries. So the question I'd ask is if a four foot fence is enough to keep kids out of the pool (or should he have had a pool cover) and how old was the kid? If we're talking super young, too young to appreciate the danger, and a four-foot fence isn't "reasonable care", then the property owner would be liable. Pools are generally held to present OBVIOUS dangers, so this analysis depends on the age of the kid.

Under a straight negligence analysis, I'd probably do the hand formula -- the burden of having a pool cover or a higher fence is likely to be low given the likelihood of kids from a daycare trespassing on your property and the chance one of them would drown.

That's my thought, anyway. Someone else could come along and tell me I'm an idiot.

corporatelaw87
Posts: 294
Joined: Tue Jun 09, 2009 7:26 pm

Re: 1L Exam Prep and Motivation Thread

Postby corporatelaw87 » Tue Nov 02, 2010 5:17 pm

Hey guys,

Currently studying Crim. What's the best way to attack the predicate felony for a defense of the felony murder rule? I'm sifting through my notes and cannot seem to find it. Thanks!

User avatar
beach_terror
Posts: 7249
Joined: Tue Dec 01, 2009 10:01 pm

Re: 1L Exam Prep and Motivation Thread

Postby beach_terror » Tue Nov 02, 2010 5:22 pm

corporatelaw87 wrote:Hey guys,

Currently studying Crim. What's the best way to attack the predicate felony for a defense of the felony murder rule? I'm sifting through my notes and cannot seem to find it. Thanks!


Do you mean a way for the defendant beat the FM charge? Merger [underlying felony merges with the homicide, so felony murder cannot be charged]... then the prosecution can try again through IFP if that jurisdiction allows it.

corporatelaw87
Posts: 294
Joined: Tue Jun 09, 2009 7:26 pm

Re: 1L Exam Prep and Motivation Thread

Postby corporatelaw87 » Tue Nov 02, 2010 5:28 pm

beach_terror wrote:
corporatelaw87 wrote:Hey guys,

Currently studying Crim. What's the best way to attack the predicate felony for a defense of the felony murder rule? I'm sifting through my notes and cannot seem to find it. Thanks!


Do you mean a way for the defendant beat the FM charge? Merger [underlying felony merges with the homicide, so felony murder cannot be charged]... then the prosecution can try again through IFP if that jurisdiction allows it.



IFP?

So if he beats the felony murder charge because his felony merges with Murder, he cannot be tried for 1st degree murder then?

User avatar
beach_terror
Posts: 7249
Joined: Tue Dec 01, 2009 10:01 pm

Re: 1L Exam Prep and Motivation Thread

Postby beach_terror » Tue Nov 02, 2010 5:31 pm

corporatelaw87 wrote:
beach_terror wrote:
corporatelaw87 wrote:Hey guys,

Currently studying Crim. What's the best way to attack the predicate felony for a defense of the felony murder rule? I'm sifting through my notes and cannot seem to find it. Thanks!


Do you mean a way for the defendant beat the FM charge? Merger [underlying felony merges with the homicide, so felony murder cannot be charged]... then the prosecution can try again through IFP if that jurisdiction allows it.



IFP?

So if he beats the felony murder charge because his felony merges with Murder, he cannot be tried for 1st degree murder then?


Felony murder can be 1st or 2nd degree, it depends on the statute. And yes, assuming it was an accidental homicide he can't be tried for FM if it merges.

IFP is independent felonious purpose, it should be in your casebook somewhere... if its not then don't worry about it.

corporatelaw87
Posts: 294
Joined: Tue Jun 09, 2009 7:26 pm

Re: 1L Exam Prep and Motivation Thread

Postby corporatelaw87 » Tue Nov 02, 2010 5:57 pm

beach_terror wrote:
corporatelaw87 wrote:
beach_terror wrote:
corporatelaw87 wrote:Hey guys,

Currently studying Crim. What's the best way to attack the predicate felony for a defense of the felony murder rule? I'm sifting through my notes and cannot seem to find it. Thanks!


Do you mean a way for the defendant beat the FM charge? Merger [underlying felony merges with the homicide, so felony murder cannot be charged]... then the prosecution can try again through IFP if that jurisdiction allows it.



IFP?

So if he beats the felony murder charge because his felony merges with Murder, he cannot be tried for 1st degree murder then?


Felony murder can be 1st or 2nd degree, it depends on the statute. And yes, assuming it was an accidental homicide he can't be tried for FM if it merges.

IFP is independent felonious purpose, it should be in your casebook somewhere... if its not then don't worry about it.



Sorry to keep asking, but let me see if i have this right. If FM fails, the Prosecution cannot charge him with just regular 1st degree murder unconnected to the original felony right? Secondly, how does something merge? Like if you beat someone to death, that wouldn't be felony murder (assault lead to murder), it would be just murder. Sorry if this is confusing, just trying to get this down.

User avatar
beach_terror
Posts: 7249
Joined: Tue Dec 01, 2009 10:01 pm

Re: 1L Exam Prep and Motivation Thread

Postby beach_terror » Tue Nov 02, 2010 7:02 pm

corporatelaw87 wrote:
Sorry to keep asking, but let me see if i have this right. If FM fails, the Prosecution cannot charge him with just regular 1st degree murder unconnected to the original felony right? Secondly, how does something merge? Like if you beat someone to death, that wouldn't be felony murder (assault lead to murder), it would be just murder. Sorry if this is confusing, just trying to get this down.


Felony murder only applies if the predicate felony is independent of, or collateral to, the homicide. If the felony is independent, it can serve as a base for felony-murder.

Bootstrapping up an assault is exactly the type of crime merger is in place to prevent, because pretty much any homicide is going to have an assault, and if any assault can be bumped to felony murder, then the murder gradations would be meaningless.




Return to “Forum for Law School Students”

Who is online

Users browsing this forum: deadthrone7, Justtrying2help, LawHammer, Stubbazubba, UVA2B, wg6524 and 4 guests