1L Exam Prep and Motivation Thread

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

Postby Transpher » Wed May 04, 2011 10:34 pm

This is more of an attack outline than a chart but hope it helps -

Easements must be in writing UNLESS:

EASEMENT BY ESTOPPEL: An easement by estoppel or an irrevocable license is created when:
(1) There is a license (explicit or implicit) to use the property;
(2) Licensee exercises privilege under license to improve or to make substantial expenditures in reliance on the license continuing; and
(3) Affirmative consent or acquiescence by servient tenement owner.
IMPLIED EASEMENT FROM PRIOR AND APPARENT CONTINUING USE: The conveyance of a quasi-dominant tenement vests an implied easement in the grantee if at the time of the grant, the easement is
(1) Apparent (not necessarily visibleif other circumstances make its existence obvious, e.g. toiletsewer);
(2) Continuous; and
(3) Necessary (if land can only be used w/o easement by expending “disproportionate expense and effort”).
• MINORITY: Strict necessity for reservations in favor of grantor: some courts require that the easement be of strict necessity where the easement is not in writing and is supposed to benefit the grantor.
o MAJORITY: Only reasonable necessity is required for all implied easements.
IMPLIED EASEMENT BY NECESSITY: To find that an easement has been implied by necessity, one must prove:
(1) That there was a unity of ownership of the alleged dominant and servient estates;
(2) That the roadway is a necessity, not a mere convenience; AND
(3) The necessity existed at the time of severance of the two estates.
• Degree of necessity required: Most courts require strict necessity (no other way out, regardless of difficulty or cost of creating an exit – e.g., cliff leading from land to road). Burden on claimant!
o Need privity b/w parties
EASEMENT BY PRESCRIPTION: To have an easement by prescription, claimant must prove use was:
(1) Hostile and adverse; (permissive use negates this element. Othen.)
(2) Continuous for statutory period; (owner can interrupt the period of continuous use to stop prescription from occurring).
(3) Exclusive (most states say servient owner can also use);

Termination of easements:(
1) Written release: owner of an easement can terminate easement through written instrument.
(2) Expiration: occurs if either (1) expiration date written into easement; or (2) by occurrence of some event (defeasible easements); or (3) necessity giving rise to easement by necessity ends.
(3) Merger: if easement owner becomes owner of the servient estate.
(4) Estoppel: if servient owner reasonably relies upon statement or representation by easement owner.
(5) Prescription: if servient owner adversely/wrongfully blocks access to the easement for a certain period of time, servient owner attains easement property basically by adverse possession. (Dom. owner can sue.)
(6) Abandonment: requires (1) substantial period of nonuse; and (2) intent not to begin use again; (3) some states require non-use for a statutory period of time.
(7) Condemnation of servient property by gov’t: gov’t exercises eminent domain power to take title to a fee interest in the servient estate for a purpose inconsistent w/continued existence of easement.
MODIFICATIONS: Traditionally, courts cannot modify easements as they are a valid interest in property.
• Changed conditions doctrine (think: frustration of purpose): Some courts (and RTP) will modify or terminate easement if conditions change such that continued existence of current easement is impossible.
o Trend toward flexibility in allowing modifications.

RECIPROCAL NEGATIVE EASEMENT: Restrictions on property become reciprocal if:
(1) Original common owner (owner subdivides his own property so as two properties bear relation);
(2) Sale of lot comes w/restrictions that benefit retained property;
(3) In order for burden to pass on to subsequent purchasers, subsequent purchaser must have either actual or constructive notice of the burden.
• Constructive/Inquiry Notice: by witnessing “general plan” of the neighborhood, Δ’s should have been on inquiry notice (to inquire further about nature of grant) and should have discovered restrictions.
EQUITABLE SERVITUDES/CONVENANT IN EQUITY: When a covenant cannot legally be enforced, the court can create a new interest as an equitable servitude against subsequent purchasers if:
(1) Original parties intend for the burden and benefits to run;
(2) Purchaser has notice (actual or constructive); and
(3) Covenant touches and concerns the land.
Last edited by Transpher on Wed May 04, 2011 10:36 pm, edited 1 time in total.

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

Postby IthacaIsWet » Wed May 04, 2011 10:36 pm

Transpher wrote:Hope this helps -

Easements must be in writing UNLESS:




I'm printing this out and I will let you know tomorrow.

Thanks!

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

Postby dakatz » Wed May 04, 2011 10:37 pm

Charles Barkley wrote:
Desert Fox wrote:
Charles Barkley wrote:Oh and fuck you Con Law. Fuck you in the ass.

I feel better now.


Discuss if sodomy between a doctrinal class and a man is a fundamental right.


On the one hand, the Court has recognized a right to sexual intimacy (Lawrence)... On the other hand, at its most narrow level of abstraction, the right to fuck a doctrinal class in the ass is not historically protected...


Allow Scalia to clarify that he has nothing against those who wish to have sex with con law, he just doesn't see it as part of our history and tradition. We shouldn't just give in to the political pressure of the "conlaw screwing" agenda

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

Postby snowpeach06 » Wed May 04, 2011 11:03 pm

SDLKFJS:DLFKJS:DLfjk. Still don't get the rule against perpetuities in the least. I'm really slow with identifying future interests. I've done all my studying for property with a group, which seems like a time suck, but because my teacher has his own method and I didn't pay attention, it's kind of my only option. I just don't think I can learn everything in time. I tried to do a sample exam today and could hardly spot issues thing. And this estates and future interests, like, I dont' get why it isn't clicking. And my study group really bothers me. I swear, anything I wan to focus on, they want to do the opposite and then we never get to do what I want. And then they get mad at me for requesting that we do it. I know i get bitchy during finals. And nervous. And i can tell it makes them all like me less. But still.

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

Postby snowpeach06 » Wed May 04, 2011 11:04 pm

Also, my stupid study group made a meeting with my teacher. He forgot that i had a meeting with him already. And now i have to wake up and be there by 8:30. But if i want to sit in on my groups meeting I need to wake up at like 6 to do the sample problem and figure out what questions to ask him about the rule on perpetuties. And i'm just super frustrated. And I have like, carpel tunnel really bad.

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

Postby IthacaIsWet » Wed May 04, 2011 11:11 pm

snowpeach06 wrote:SDLKFJS:DLFKJS:DLfjk. Still don't get the rule against perpetuities in the least. I'm really slow with identifying future interests. I've done all my studying for property with a group, which seems like a time suck, but because my teacher has his own method and I didn't pay attention, it's kind of my only option. I just don't think I can learn everything in time. I tried to do a sample exam today and could hardly spot issues thing. And this estates and future interests, like, I dont' get why it isn't clicking. And my study group really bothers me. I swear, anything I wan to focus on, they want to do the opposite and then we never get to do what I want. And then they get mad at me for requesting that we do it. I know i get bitchy during finals. And nervous. And i can tell it makes them all like me less. But still.


I think you're my opposite. If you can cover easements, covenants, takings, and other shit, I'll do all your present and future interests, and R.A.P.

:wink:

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

Postby mths » Wed May 04, 2011 11:12 pm

IthacaIsWet wrote:First exam, Property, in 12.5 hours.

Goodbye, GPA. Hello unemployment.

Last time I'll ask, I suppose:
Anyone have any good attack charts for easements?

high five

check the gilbert law supp if you have it

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

Postby snowpeach06 » Wed May 04, 2011 11:16 pm

IthacaIsWet wrote:
snowpeach06 wrote:SDLKFJS:DLFKJS:DLfjk. Still don't get the rule against perpetuities in the least. I'm really slow with identifying future interests. I've done all my studying for property with a group, which seems like a time suck, but because my teacher has his own method and I didn't pay attention, it's kind of my only option. I just don't think I can learn everything in time. I tried to do a sample exam today and could hardly spot issues thing. And this estates and future interests, like, I dont' get why it isn't clicking. And my study group really bothers me. I swear, anything I wan to focus on, they want to do the opposite and then we never get to do what I want. And then they get mad at me for requesting that we do it. I know i get bitchy during finals. And nervous. And i can tell it makes them all like me less. But still.


I think you're my opposite. If you can cover easements, covenants, takings, and other shit, I'll do all your present and future interests, and R.A.P.

:wink:

Actually, I sort of can do that stuff (at least I fucking hope so). But, my teacher likes bullshit 'reasonableness' arguments. So, I don't know if I know it like its taught in other classes.

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

Postby fathergoose » Wed May 04, 2011 11:21 pm

Brief turned in, four finals down, only civ pro left. It's easy street from here on in.

Except for the whole "I don't know what we covered in civ pro this semester" part, but other than that, it's easy street.

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

Postby Pretzel_Logic » Thu May 05, 2011 12:52 am

Dear Property,

Please take a step back and EFF YOUR OWN FACE.

Love,
Image

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

Postby Grizz » Thu May 05, 2011 1:11 am

Had a pounding headache and was unproductive all day. Did one PT. Good news is I actually have an outline, so I'm ahead of most everyone. But now I feel like I'm squandering the advantage. Gonna wake up at 6 tomorrow.

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

Postby BarbellDreams » Thu May 05, 2011 1:14 am

Stayed up till 1 a.m. watching the lakers lose. I hate living on the east coats for sports-watching purposes.

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

Postby TTH » Thu May 05, 2011 1:52 am

I'm ten hours into a 48-hour take home con law exam. I never thought I'd hate a take home exam so much

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

Postby stayway » Thu May 05, 2011 10:37 am

BarbellDreams wrote:Stayed up till 1 a.m. watching the lakers lose. I hate living on the east coats for sports-watching purposes.


Agreed, 100-fucking percent. Can't believe I ended up watching the 4th quarter (hoping Kobe would explode).

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

Postby BarbellDreams » Thu May 05, 2011 10:43 am

nooyyllib wrote:
BarbellDreams wrote:Stayed up till 1 a.m. watching the lakers lose. I hate living on the east coats for sports-watching purposes.


Agreed, 100-fucking percent. Can't believe I ended up watching the 4th quarter (hoping Kobe would explode).


Was surprised Steve Blake made it out of the arena alive after that performance. Lamar missing 3 layups in a row? Seriously?

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

Postby mbusch22 » Thu May 05, 2011 10:48 am

BarbellDreams wrote:
nooyyllib wrote:
BarbellDreams wrote:Stayed up till 1 a.m. watching the lakers lose. I hate living on the east coats for sports-watching purposes.


Agreed, 100-fucking percent. Can't believe I ended up watching the 4th quarter (hoping Kobe would explode).


Was surprised Steve Blake made it out of the arena alive after that performance. Lamar missing 3 layups in a row? Seriously?


Watching the Mavs embarrass the Lakers at home and hearing the fans Boo was so worth staying up.

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

Postby Kilpatrick » Thu May 05, 2011 11:03 am

.
Last edited by Kilpatrick on Wed Nov 09, 2011 10:07 am, edited 1 time in total.

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

Postby goodolgil » Thu May 05, 2011 1:45 pm

Think I got raped today by contracts (pretty bad when you think the MC is your favorite section), but 1L is donnnnnnnnnnnnnne, so I don't really care.

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

Postby PirateCap'n » Thu May 05, 2011 1:49 pm

Con Law question:

If someone is advocating illegal conduct, you use the Brandenburg test. If the conduct that the person is advocating is technically illegal but shouldn't be because making it illegal is a violation of the constitution (e.g. illegal for men to have custody but women can, I advocate men having custody and am charged with advocacy of illegal conduct -- statute says it's illegal but it would probably be invalid under equal protection if the statute were challenged), the person can still be charged with and convicted of advocacy, right (because he could have gone to the "political process" to have the law overturned rather than violating it)?

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

Postby Thirteen » Thu May 05, 2011 1:51 pm

Kilpatrick wrote:The possible end of the Kobe era is heartbreaking. But at least after today I am done with Torts, my least favorite class ever.


The Lakers will get Dwight Howard in February.

I've been up since 8, and have managed to only do 45 minutes of work.

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

Postby moandersen » Thu May 05, 2011 2:05 pm

PirateCap'n wrote:Con Law question:

If someone is advocating illegal conduct, you use the Brandenburg test. If the conduct that the person is advocating is technically illegal but shouldn't be because making it illegal is a violation of the constitution (e.g. illegal for men to have custody but women can, I advocate men having custody and am charged with advocacy of illegal conduct -- statute says it's illegal but it would probably be invalid under equal protection if the statute were challenged), the person can still be charged with and convicted of advocacy, right (because he could have gone to the "political process" to have the law overturned rather than violating it)?


the exam is over. drink in honor of cinco de mayo!

2 out of 4 done. im much less stressed this semester during finals. i cant decide if its because im prepared (probably not) or im apathetic (most likely). either way, its nice not to be on edge.

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

Postby PirateCap'n » Thu May 05, 2011 2:13 pm

moandersen wrote:
PirateCap'n wrote:Con Law question:

If someone is advocating illegal conduct, you use the Brandenburg test. If the conduct that the person is advocating is technically illegal but shouldn't be because making it illegal is a violation of the constitution (e.g. illegal for men to have custody but women can, I advocate men having custody and am charged with advocacy of illegal conduct -- statute says it's illegal but it would probably be invalid under equal protection if the statute were challenged), the person can still be charged with and convicted of advocacy, right (because he could have gone to the "political process" to have the law overturned rather than violating it)?


the exam is over. drink in honor of cinco de mayo!

2 out of 4 done. im much less stressed this semester during finals. i cant decide if its because im prepared (probably not) or im apathetic (most likely). either way, its nice not to be on edge.


True enough. I'm the same -- mine is definitely from apathy though. Truly not a good thing. I know it's not going to end well in the long run. I'm prepared for my exams in the sense that I've studied outlines and can give you basic ideas. I'm completely unprepared in the sense that I have no idea what I'm doing on exams. Either way, the question still stands. I'd like to know at least that much if only because I want to know if the conviction can stand even if the statute would be unconstitutional. It's not really pertinent to my particular exam. Just more of an offshoot that I was wondering about.

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

Postby kalvano » Thu May 05, 2011 2:20 pm

fathergoose wrote:Brief turned in, four finals down, only civ pro left. It's easy street from here on in.

Except for the whole "I don't know what we covered in civ pro this semester" part, but other than that, it's easy street.



Trying to read my Glannon Guide. My brain keeps seeing Treeco and John, Buildco and Steve.

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

Postby kalvano » Thu May 05, 2011 2:21 pm

Also, I discovered I don't really give a shit about my grades.

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

Postby Thirteen » Thu May 05, 2011 2:28 pm

kalvano wrote:
fathergoose wrote:Brief turned in, four finals down, only civ pro left. It's easy street from here on in.

Except for the whole "I don't know what we covered in civ pro this semester" part, but other than that, it's easy street.



Trying to read my Glannon Guide. My brain keeps seeing Treeco and John, Buildco and Steve.


Giving him pine was a dick move, imo.




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