1L Exam Prep and Motivation Thread

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dailygrind
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Re: 1L Exam Prep and Motivation Thread

Postby dailygrind » Thu Dec 02, 2010 12:12 am

bostonian wrote:Anarchy is becoming more and more attractive.


could we organize the anarchy together, or is that a self defeating proposition?

dakatz wrote:Went though an exam with a classmate that I like to study with. We essentially tried to outline and discuss what we would say in response to the questions without actually writing. We were able to hit nearly all the points in the model answer, so it was pretty encouraging. All the small points I missed were immediately placed into my outline and brightly highlighted so that I drill it for next time. Starting to feel better and better about civ. pro. next week. K's the week after is another story that I don't even wanna think about.


i'm in the exact opposite boat. i'm gonna be pretty good at contracts (unless i choke), but civ pro is just gonna be ugly. so, so ugly. fortunately the lowest grade i've seen him give out recently is a b, so if i do well in contracts i can cancel that out.

dakatz
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Re: 1L Exam Prep and Motivation Thread

Postby dakatz » Thu Dec 02, 2010 12:13 am

dailygrind wrote:
bostonian wrote:Anarchy is becoming more and more attractive.


could we organize the anarchy together, or is that a self defeating proposition?

dakatz wrote:Went though an exam with a classmate that I like to study with. We essentially tried to outline and discuss what we would say in response to the questions without actually writing. We were able to hit nearly all the points in the model answer, so it was pretty encouraging. All the small points I missed were immediately placed into my outline and brightly highlighted so that I drill it for next time. Starting to feel better and better about civ. pro. next week. K's the week after is another story that I don't even wanna think about.


i'm in the exact opposite boat. i'm gonna be pretty good at contracts (unless i choke), but civ pro is just gonna be ugly. so, so ugly. fortunately the lowest grade i've seen him give out recently is a b, so if i do well in contracts i can cancel that out.


My K's exam is SO different than any other exam that people take. It is about 10 short answers each with a strict 100-word limit. You get twice as much time as you need on the exam. No time pressure in the slightest, VERY specific questions, and all of 5 sentences to hit the exact point or miss it entirely. Theres no beating around the bush on this one.

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dailygrind
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Re: 1L Exam Prep and Motivation Thread

Postby dailygrind » Thu Dec 02, 2010 12:19 am

damn. that's kind of intimidating. better see real deep and measure your words.

i'm just straight up poorly prepared for civ pro, but i don't think this is a unique position, so it's hard to say how the grade will come out.

dakatz
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Re: 1L Exam Prep and Motivation Thread

Postby dakatz » Thu Dec 02, 2010 12:21 am

dailygrind wrote:damn. that's kind of intimidating. better see real deep and measure your words.


Yeah, and he doesn't really go by any sort of black-letter style rules. He discourages us from trying to think of anything as a set rule, and doesn't like commercial outlines at all for that very reason. That one is going to be my nightmare exam. Just sitting there for an hour reading over my answers into oblivion while I question and fret over each carefully-chosen word.

kxz
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Re: 1L Exam Prep and Motivation Thread

Postby kxz » Thu Dec 02, 2010 12:27 am

Reminds me of the Yale essay. Intimidating!

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uwb09
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Re: 1L Exam Prep and Motivation Thread

Postby uwb09 » Thu Dec 02, 2010 12:28 am

First exam (torts) is tomorrow afternoon, only closed book exam I have, and I literally feel like I wanna throw up

up until about two hours ago I was feeling relaxed/normal, but just took the profs last (and hardest) old exam, and while I got the jist of most of it, i missed multiple minor nuances

am I the only one who gets really pissed at himself when you take a practice exam, and you dont NAIL it like the model answer did? I mean, I have no idea what everyone else is going to do, for all i know my answer might land me in B+ territory, which would be effin awesome.

I know I can't expect myself to be perfect, especially in timed/closed book conditions, but man.... this sucks

I hate you law school, you've destroyed every bit of confidence i had

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Holly Golightly
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Re: 1L Exam Prep and Motivation Thread

Postby Holly Golightly » Thu Dec 02, 2010 1:04 am

NO MORE CONTRACTS! DIE DIE DIE.

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bostonian
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Re: 1L Exam Prep and Motivation Thread

Postby bostonian » Thu Dec 02, 2010 1:09 am

dailygrind wrote:
bostonian wrote:Anarchy is becoming more and more attractive.

could we organize the anarchy together, or is that a self defeating proposition?


Well I suppose a small amount of organization might be useful to get rid of the FRCP, UCC, MPC, and every other legal abbreviation (and law in general).

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JCougar
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Re: 1L Exam Prep and Motivation Thread

Postby JCougar » Thu Dec 02, 2010 1:36 am

dakatz wrote:My K's exam is SO different than any other exam that people take. It is about 10 short answers each with a strict 100-word limit. You get twice as much time as you need on the exam. No time pressure in the slightest, VERY specific questions, and all of 5 sentences to hit the exact point or miss it entirely. Theres no beating around the bush on this one.


I think I'd actually prefer this. I can do brevity in words. I loathe having to rush for time.

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D. H2Oman
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Re: 1L Exam Prep and Motivation Thread

Postby D. H2Oman » Thu Dec 02, 2010 2:09 am

KKKontracts

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mths
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Re: 1L Exam Prep and Motivation Thread

Postby mths » Thu Dec 02, 2010 2:28 am

D. H2Oman wrote:KKKontracts

you're so inappropriate

;)

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D. H2Oman
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Re: 1L Exam Prep and Motivation Thread

Postby D. H2Oman » Thu Dec 02, 2010 2:31 am

mths wrote:
D. H2Oman wrote:KKKontracts

you're so inappropriate

;)



Talk to you in four hours


:wink:

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mths
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Re: 1L Exam Prep and Motivation Thread

Postby mths » Thu Dec 02, 2010 2:55 am

D. H2Oman wrote:
mths wrote:
D. H2Oman wrote:KKKontracts

you're so inappropriate

;)



Talk to you in four hours


:wink:

It's another one of those nights actually. I look forward to it.

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BriaTharen
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Re: 1L Exam Prep and Motivation Thread

Postby BriaTharen » Thu Dec 02, 2010 1:43 pm

One down, four to go!

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Thirteen
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Re: 1L Exam Prep and Motivation Thread

Postby Thirteen » Thu Dec 02, 2010 2:10 pm

Holly Golightly wrote:NO MORE CONTRACTS! DIE DIE DIE.



BriaTharen wrote:One down, four to go!


Nice.

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SmittenMitten
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Re: 1L Exam Prep and Motivation Thread

Postby SmittenMitten » Thu Dec 02, 2010 2:17 pm

uwb09 wrote:First exam (torts)
am I the only one who gets really pissed at himself when you take a practice exam, and you dont NAIL it like the model answer did? I mean, I have no idea what everyone else is going to do, for all i know my answer might land me in B+ territory, which would be effin awesome.

I know I can't expect myself to be perfect, especially in timed/closed book conditions, but man.... this sucks

I hate you law school, you've destroyed every bit of confidence i had

Yes. If I miss even a minor element, I get...upset.

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Holly Golightly
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Re: 1L Exam Prep and Motivation Thread

Postby Holly Golightly » Thu Dec 02, 2010 2:56 pm

Contracts. Crim. civprocivprocivprocivprocivpro

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dailygrind
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Re: 1L Exam Prep and Motivation Thread

Postby dailygrind » Thu Dec 02, 2010 3:07 pm

there are an inordinately large number of c-word courses first year.

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beach_terror
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Re: 1L Exam Prep and Motivation Thread

Postby beach_terror » Thu Dec 02, 2010 3:11 pm

Quick question for civ pro buffs, regarding 1331 jurisdiction.

Essentially there are two possibilities for 1331 jurisdiction, federal law and state law claims. Federal law claims need to have either express or implicit causes of action written into the statute. State law claims need to have a federal question embedded in the state law claim, even though state law gives the cause of action (and here you apply the Grable test). Do I have that right?

Assuming I do, how do you reconcile the well-pleaded complaint rule with the above in terms of state law claims? Do the courts just read in that there is a federal question, or does the petitioner submit and affidavit with the complaint? I'm confused at how a cause of action under a state law claim with an embedded federal issue can appear on the WPC.

stayway
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Re: 1L Exam Prep and Motivation Thread

Postby stayway » Thu Dec 02, 2010 4:07 pm

Image

Motivation

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GeePee
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Re: 1L Exam Prep and Motivation Thread

Postby GeePee » Thu Dec 02, 2010 4:31 pm

beach_terror wrote:Quick question for civ pro buffs, regarding 1331 jurisdiction.

Essentially there are two possibilities for 1331 jurisdiction, federal law and state law claims. Federal law claims need to have either express or implicit causes of action written into the statute. State law claims need to have a federal question embedded in the state law claim, even though state law gives the cause of action (and here you apply the Grable test). Do I have that right?

Assuming I do, how do you reconcile the well-pleaded complaint rule with the above in terms of state law claims? Do the courts just read in that there is a federal question, or does the petitioner submit and affidavit with the complaint? I'm confused at how a cause of action under a state law claim with an embedded federal issue can appear on the WPC.

You have the formulation correct. In terms of exceptions for 1331 jurisdiction for cases arising under state law, generally the prerequisite is that the federal issue is essential enough that the plaintiff will likely have to raise, rebut, or prove the issue in order to prove his state law claim.

Once this is met, the court will weigh several factors:

- Significant enough federal issue that Federal courts should decide it
- The number of cases that might be allowed by this issue (not too many or too few)
- Issue of law v. fact
- Federal/State balance of interests

If those interests weigh in favor of inclusion, then you include under a Smith-Grable exception.
-

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beach_terror
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Re: 1L Exam Prep and Motivation Thread

Postby beach_terror » Thu Dec 02, 2010 4:35 pm

Thanks GeePee! Exactly what I was looking for. The language of the cases we read had be thrown a bit, because it seemed almost as if Mottley could be decided differently under Grable. But that clears it up perfectly, if the plaintiff will likely have to raise the federal issue in his claim somehow.. which would knock out a different decision for Mottley.

Further still, how the eff would this end up on the face of the WPC?

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GeePee
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Re: 1L Exam Prep and Motivation Thread

Postby GeePee » Thu Dec 02, 2010 5:07 pm

beach_terror wrote:Thanks GeePee! Exactly what I was looking for. The language of the cases we read had be thrown a bit, because it seemed almost as if Mottley could be decided differently under Grable. But that clears it up perfectly, if the plaintiff will likely have to raise the federal issue in his claim somehow.. which would knock out a different decision for Mottley.

Further still, how the eff would this end up on the face of the WPC?

Well, it is arguable that Mottley would have been decided differently under Grable. The justification is that the claim in Mottley was not particularly significant federal issue (how important is giving these passes to people?). But, it is not totally clear that an important Federal issue that may be raised as a defense would not support a S-G exception, if the plaintiff must anticipate it and refute it in his argument.

keg411
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Re: 1L Exam Prep and Motivation Thread

Postby keg411 » Thu Dec 02, 2010 7:46 pm

FWIW, Mottley ended up back in fed court on the issue anyway, so it didn't matter in the long run.

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jdubb990
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Re: 1L Exam Prep and Motivation Thread

Postby jdubb990 » Thu Dec 02, 2010 7:47 pm

Can someone give me a good explanation of caveat lessee please?




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