1L Exam Prep and Motivation Thread

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keg411
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Re: 1L Exam Prep and Motivation Thread (ROUND 2 SUCKAS)

Postby keg411 » Tue May 03, 2011 12:10 am

jasonac21 wrote:I can't believe originalism didn't make it on the test.


I hate you :P :D.

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BarbellDreams
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Re: 1L Exam Prep and Motivation Thread (ROUND 2 SUCKAS)

Postby BarbellDreams » Tue May 03, 2011 12:47 am

I am taking Crim Pro and Con Law this semester (our school requires Crim Pro as a 1L course)...nothing alike. I would take 5 more Crim pro classes if I could, they are fun whether you're interested in Crim Law or not. I would never in my life take another Conlawl course. I feel entirely overmatched in that class every single day and at this point am just hoping for a B/B+ and try to balance it out with some other class.

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Charles Barkley
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Re: 1L Exam Prep and Motivation Thread (ROUND 2 SUCKAS)

Postby Charles Barkley » Tue May 03, 2011 1:32 am

Can i learn property in a week?

We didn't cover future interests so no RAP (i'm assuming RAP is a future interest?).

Please tell me I can. :oops:

My outline is done at least, I just haven't memorized anything...

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Grizz
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Re: 1L Exam Prep and Motivation Thread (ROUND 2 SUCKAS)

Postby Grizz » Tue May 03, 2011 1:36 am

Charles Barkley wrote:Can i learn property in a week?

We didn't cover future interests so no RAP (i'm assuming RAP is a future interest?).

Please tell me I can. :oops:

My outline is done at least, I just haven't memorized anything...


Not future interests? Wut.

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Charles Barkley
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Re: 1L Exam Prep and Motivation Thread (ROUND 2 SUCKAS)

Postby Charles Barkley » Tue May 03, 2011 1:39 am

rad law wrote:
Charles Barkley wrote:Can i learn property in a week?

We didn't cover future interests so no RAP (i'm assuming RAP is a future interest?).

Please tell me I can. :oops:

My outline is done at least, I just haven't memorized anything...


Not future interests? Wut.


I had literally the worst professor in the history of law school. He taught us nothing. He played youtube videos all day or made the class do presentations.

I stopped going to class about a month in. I was told the trend continued.

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mths
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Re: 1L Exam Prep and Motivation Thread (ROUND 2 SUCKAS)

Postby mths » Tue May 03, 2011 1:41 am

Charles Barkley wrote:Can i learn property in a week?

We didn't cover future interests so no RAP (i'm assuming RAP is a future interest?).

Please tell me I can. :oops:

My outline is done at least, I just haven't memorized anything...

property - future interests = 2 days work MAX

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Charles Barkley
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Re: 1L Exam Prep and Motivation Thread (ROUND 2 SUCKAS)

Postby Charles Barkley » Tue May 03, 2011 1:42 am

mths wrote:
Charles Barkley wrote:Can i learn property in a week?

We didn't cover future interests so no RAP (i'm assuming RAP is a future interest?).

Please tell me I can. :oops:

My outline is done at least, I just haven't memorized anything...

property - future interests = 2 days work MAX


That is what I like to hear.

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Grizz
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Re: 1L Exam Prep and Motivation Thread (ROUND 2 SUCKAS)

Postby Grizz » Tue May 03, 2011 2:07 am

Charles Barkley wrote:
mths wrote:
Charles Barkley wrote:Can i learn property in a week?

We didn't cover future interests so no RAP (i'm assuming RAP is a future interest?).

Please tell me I can. :oops:

My outline is done at least, I just haven't memorized anything...

property - future interests = 2 days work MAX


That is what I like to hear.


Yeah you're probably good bro srsly

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Charles Barkley
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Re: 1L Exam Prep and Motivation Thread (ROUND 2 SUCKAS)

Postby Charles Barkley » Tue May 03, 2011 2:22 am

I feel like I've asked this before...

What is the effect of a jurisdictional hook in a statute in regards to commerce clause? Does that make it economic activity? Does it just mean it's still noneconomic activity that can be regulated under commerce clause? Or just a factor to consider in whether it can be regulated?

Thanks

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snowpeach06
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Re: 1L Exam Prep and Motivation Thread (ROUND 2 SUCKAS)

Postby snowpeach06 » Tue May 03, 2011 8:11 am

Charles Barkley wrote:I feel like I've asked this before...

What is the effect of a jurisdictional hook in a statute in regards to commerce clause? Does that make it economic activity? Does it just mean it's still noneconomic activity that can be regulated under commerce clause? Or just a factor to consider in whether it can be regulated?

Thanks

It's just a factor to be considered in determining if it is economic or not. It's not determinative (since obviously in Morrison there was a jurisdictional hook and legislative findings and they still didn't say it was economic - and on the other hand, i feel like some clearly economic regulations don't have them) but, it's a large factor I believe.

Anyway, so frustrating when you ask a teacher a question and they don't answer it. Like, when they assume you are asking something different than what you are.

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solotee
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Re: 1L Exam Prep and Motivation Thread (ROUND 2 SUCKAS)

Postby solotee » Tue May 03, 2011 9:44 am

In just a few short hours, I will be done with 1L :shock:

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snowpeach06
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Re: 1L Exam Prep and Motivation Thread (ROUND 2 SUCKAS)

Postby snowpeach06 » Tue May 03, 2011 10:06 am

solotee wrote:In just a few short hours, I will be done with 1L :shock:

Friday for me. And only two days to finish my property outline and learn basically the whole class. Anyway, Congrats!

09042014
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Re: 1L Exam Prep and Motivation Thread (ROUND 2 SUCKAS)

Postby 09042014 » Tue May 03, 2011 10:29 am

Is write on the horrible end to 1L or the horrible beginning of 2L?

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mbusch22
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Re: 1L Exam Prep and Motivation Thread (ROUND 2 SUCKAS)

Postby mbusch22 » Tue May 03, 2011 10:31 am

Desert Fox wrote:Is write on the horrible end to 1L or the horrible beginning of 2L?


both. it's a never-ending cycle of horrible.

keg411
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Re: 1L Exam Prep and Motivation Thread (ROUND 2 SUCKAS)

Postby keg411 » Tue May 03, 2011 10:32 am

Desert Fox wrote:Is write on the horrible end to 1L or the horrible beginning of 2L?


I'm actually looking forward to the write on as compared with finals.

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mbusch22
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Re: 1L Exam Prep and Motivation Thread (ROUND 2 SUCKAS)

Postby mbusch22 » Tue May 03, 2011 10:37 am

keg411 wrote:
Desert Fox wrote:Is write on the horrible end to 1L or the horrible beginning of 2L?


I'm actually looking forward to the write on as compared with finals.


I'm mostly looking forward to re-introducing myself to alcohol, and having that one general feeling again.. i can't remember what it's called.... starts with an h.....



ah, bingo: happy. happiness, i.e. not miserable. that will be nice.

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traehekat
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Re: 1L Exam Prep and Motivation Thread (ROUND 2 SUCKAS)

Postby traehekat » Tue May 03, 2011 10:50 am

last exam friday, civ pro. ugh, i definitely didn't miss this stuff. doesn't help that i didn't even bother to read the last 200 pages of assigned material. wtf is summary judgment and preclusion?

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uwb09
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Re: 1L Exam Prep and Motivation Thread (ROUND 2 SUCKAS)

Postby uwb09 » Tue May 03, 2011 11:29 am

First exam today (Con Law I), and I feel really good about applying the law to fact patterns/essay stuff, but these multiple choice questions are absolutely f*cking RIDICULOUS!!

Then Contracts Friday, Civ Pro Monday, Property next Friday

I just want it to be over damn it

PirateCap'n
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Re: 1L Exam Prep and Motivation Thread (ROUND 2 SUCKAS)

Postby PirateCap'n » Tue May 03, 2011 12:31 pm

Contracts exam today = horrible. MC killed me (along with everyone else), and I spent too much time on one of the essays and had to rush through the other. Now, I get the rest of today and tomorrow before following that up by bombing Con Law on Thursday....This definitely isn't looking like a very promising exam period.

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BarbellDreams
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Re: 1L Exam Prep and Motivation Thread (ROUND 2 SUCKAS)

Postby BarbellDreams » Tue May 03, 2011 12:48 pm

traehekat wrote:last exam friday, civ pro. ugh, i definitely didn't miss this stuff. doesn't help that i didn't even bother to read the last 200 pages of assigned material. wtf is summary judgment and preclusion?


This made me laugh.

Summary judgment is when there are no genuine issues of material fact that need to be disputed. ALl inferences are made against the moving party and for the non moving party when one requests summary judgment.

Claim preclusion is basically that you are precluded to assert another claim from the same transaction or occurance if you've already litigated it once. A and B gets in a car accident, A sues B for injuries from a broken jaw. After the lawsuit, A decides he kinda hurt his hand and wants to sue for that too, this claim will be precluded because it was from the same transaction or occurance and A should have brought it up then. Use it or lose it.

Issue preclusion, also called collateral estoppel, is a bit more diffucult but still fairly straight forward. If there is a mutuality between parties then all issues that have actually been litigated and DECIDED are precluded from being raised again. Landlord sues tenant for breaching the lease by building a tower on top of his house. Landlord wins. Tenant after the suit decides to build ANOTHER tower on his house, if landlord sues there is a total mutuality between the parties (they are the same parties and its the same issue) so tenant is precluded from litigating this issue. If there is no mutuality between parties, you have to look to whether there was privity between the first party who sued/was sued and the second party who sued and was sued. If no privity, only defensive collateral estoppel is allowed, if there was privity then both are allowed.

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Rurik
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Re: 1L Exam Prep and Motivation Thread (ROUND 2 SUCKAS)

Postby Rurik » Tue May 03, 2011 1:22 pm

BarbellDreams wrote:
traehekat wrote:last exam friday, civ pro. ugh, i definitely didn't miss this stuff. doesn't help that i didn't even bother to read the last 200 pages of assigned material. wtf is summary judgment and preclusion?


This made me laugh.

Summary judgment is when there are no genuine issues of material fact that need to be disputed. ALl inferences are made against the moving party and for the non moving party when one requests summary judgment.

Claim preclusion is basically that you are precluded to assert another claim from the same transaction or occurance if you've already litigated it once. A and B gets in a car accident, A sues B for injuries from a broken jaw. After the lawsuit, A decides he kinda hurt his hand and wants to sue for that too, this claim will be precluded because it was from the same transaction or occurance and A should have brought it up then. Use it or lose it.

Issue preclusion, also called collateral estoppel, is a bit more diffucult but still fairly straight forward. If there is a mutuality between parties then all issues that have actually been litigated and DECIDED are precluded from being raised again. Landlord sues tenant for breaching the lease by building a tower on top of his house. Landlord wins. Tenant after the suit decides to build ANOTHER tower on his house, if landlord sues there is a total mutuality between the parties (they are the same parties and its the same issue) so tenant is precluded from litigating this issue. If there is no mutuality between parties, you have to look to whether there was privity between the first party who sued/was sued and the second party who sued and was sued. If no privity, only defensive collateral estoppel is allowed, if there was privity then both are allowed.


Claim preclusion requires mutuality of parties or parties in privity (e.g. if you are injured in the same occurrence by X and Y, but your court of preference doesn't have personal jurisdiction over Y, you can just sue X in that forum, and then go after Y in a separate action in his forum state. Y would not be able to use claim preclusion as a defense).

Offensive and defensive nonmutual collateral estoppel can be used regardless of privity or mutuality of parties (as indicated by the name), although courts will be a lot more wary of offensive CE - there are fairly particular considerations the court will review (e.g. was there an easy chance for the party trying to use the doctrine to join in on the first action?), and in the end, it's pretty much left to court discretion.

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fathergoose
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Re: 1L Exam Prep and Motivation Thread (ROUND 2 SUCKAS)

Postby fathergoose » Tue May 03, 2011 1:32 pm

I am willing to offer a half full tray of homemade enchiladas and what's left of the 12 pack in my fridge to anyone who will take my kx exam for me tomorrow.

I will not accept the impracticability of traveling and switching IDs as an excuse.

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kalvano
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Re: 1L Exam Prep and Motivation Thread (ROUND 2 SUCKAS)

Postby kalvano » Tue May 03, 2011 1:38 pm

fathergoose wrote:I am willing to offer a half full tray of homemade enchiladas and what's left of the 12 pack in my fridge to anyone who will take my kx exam for me tomorrow.

I will not accept the impracticability of traveling and switching IDs as an excuse.



I am very much looking forward to that exam. I have high hopes.

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NoleinNY
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Re: 1L Exam Prep and Motivation Thread (ROUND 2 SUCKAS)

Postby NoleinNY » Tue May 03, 2011 1:55 pm

I needed a strong drink after my Con Law exam.... We spent most of the year talking about justiciability and the commerce clause and about a week on executive agreements and the appointments power... Guess what the essay was on? Yep: executive agreements and appointment power.

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Grizz
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Re: 1L Exam Prep and Motivation Thread (ROUND 2 SUCKAS)

Postby Grizz » Tue May 03, 2011 2:03 pm

NoleinNY wrote:I needed a strong drink after my Con Law exam.... We spent most of the year talking about justiciability and the commerce clause and about a week on executive agreements and the appointments power... Guess what the essay was on? Yep: executive agreements and appointment power.


I am enjoying my third post con law stiff drink.

Goodbye jerbs.




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