1L Exam Prep and Motivation Thread

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beach_terror
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Re: 1L Exam Prep and Motivation Thread

Postby beach_terror » Fri Dec 03, 2010 12:34 am

SmittenMitten wrote:
Yeah, I am trying to throw everything into it as well- have you been taking the entire allotted time? Or are you finding that you can bang it out quickly?

I've only been taking specific problems so far. I took a practice personal jurisdiction tonight. Other times I'll take subject matter, etc. I took the entire recommended hour for the PJ problem, but I think that's just because I haven't even done/thought about PJ for awhile. I was kinda like "hmm, purposeful availment - ohhhh that's right" for the first 10 minutes.

How does your prof ask your civ pro questions? Do you get one long fact pattern then get variations off of it for different questions (like if we add in this defendant, will the court have jurisdiction)?

Our professor is giving her first in class final ever. She used to only give 8 hour take-homes, so I'm kinda worried about how to anticipate the exam. All the old exams are very specific questions (analyze personal, supplemental, etc). But I feel like she can't really do that in an in-class final.

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SmittenMitten
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Re: 1L Exam Prep and Motivation Thread

Postby SmittenMitten » Fri Dec 03, 2010 12:37 am

beach_terror wrote:
SmittenMitten wrote:
Yeah, I am trying to throw everything into it as well- have you been taking the entire allotted time? Or are you finding that you can bang it out quickly?


How does your prof ask your civ pro questions? Do you get one long fact pattern then get variations off of it for different questions (like if we add in this defendant, will the court have jurisdiction)?


There is one exam on file from the 80's for my professor and it is one long fact pattern with variations off of it.

However we have 50 mult. choice questions first and then the essay-

totally closed book-no FRCP-no nothing.

Just looked over the model answer for the latest practice test I took and I missed a couple of things- So I'll keep chugging away.

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skoobily doobily
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Re: 1L Exam Prep and Motivation Thread

Postby skoobily doobily » Fri Dec 03, 2010 1:01 am

I've started typing out canned answers for everything. Will practice sticking them into hypo's tomorrow morning bright and early!

something like this:

The first question when deciding whether or not a state has personal jurisdiction over the defendant is to see if there is a statute governing the limits of jurisdiction within that state. Statute x notes that x and x must be required in order for a state to have jurisdiction. Because the defendant did x, it is likely that the statute will be satisfied and there is statutory jurisdiction.

The next issue is whether or not the statutory jurisdiction for x state is within the constitutional limits of due process. The contacts for jurisdiction are for a defendant to be served in state, for a defendant to have residence in the state, for a defendant to be served process within the state, or for the defendant to have minimum contacts with the state.

If the defendant is served within the state there may still be an issue of minimum contacts. According to the case in burnham if the defendant subjects himself to the rules and the economy of the state then is likely availing himself. Thus if the defendant has never done anything more than fly over the defendant state then there may be dissent within the brennan camp as to whether or not there is jurisdiction. However in burnham the father was only there for 3 days visiting his children and in a business meeting, if the defendants conduct was far superior to that then there will likely not be a question about whether the jurisdiction is constitutional, and the state will indeed have jurisdiction over him.

If the defendant is served as a matter of minimum contacts, then we must first look to see if there is general jurisdiction over the defendant. The courts in perkins ruled that when a company’s main headquarters was in a state then that was sufficient for general jurisdiction. On the opposite end of the spectrum in helicopteros, the court held that a company who had several contacts, although fairly isolated, with the state was not enough to grant general jurisdiction. Based on the evidence of the defendants contacts x x x it is difficult to tell because the courts have not set a standard for when there is and when there isn’t general jurisdiction, although, because it is closer to (perkins, helicopteros) the court may more likely than not rule (xxx).

If the court ruled that there is no general jurisdiction, then the court will look to see if the claim arose from the contacts the defendant had with the state. If the claim has arisen out of the contacts then there may be specific jurisdiction within the state.

To ask the question of whether or not there are minimum contacts under specific jurisdiction the court will look to see if the defendant availed himself to the forum state.

If the act in the forum state was carried by a unilateral actor having purchased the product, then the courts should look to whether or not the defendant availed himself to that specific market, and whether or not it was foreseeable that a claim could arise from the state. Based on the actions of the defendant that xx and x. the court will probably find that the defendant (did, did not) avail himself to the forum state. The facts of this case (may be) similar to worldwide in which the defendant did nothing to lure in business from the forum state, and had did not enjoy the business of this state’s economy. Therefore the defendant (may, may not) have specific jurisdiction in the forum state.

If the act in the forum state arose because the product was carried in a stream of commerce by commercial distributors then the question arises whether or not the availment was purposeful and foreseeable by means of a stream of commerce into that forum state. The supreme court is split on this issue. If the goods are merely sent in significant quantities to the forum state, then the brennan group may find that there is jurisdiction because the actor foresees the commerce headed to that state and enjoys the benefit of that state’s economy. However the O’Connor side of the supreme court will find that mere awareness is not sufficient for the state to grant jurisdiction over the defendant. More evidence of availment may be required such as advertisement within the state, or manufacturing specifically to the market.

Based on the evidence (insert evidence) the court will likely find that the defendant (does enough to satisfy both camps and will probably have jurisdiction, is somewhere in between and the answer will remain ambiguous and must look to lower courts to determine if there is jurisdiction, is not enough to satisfy either camp and probably does not have jurisdiction such as an insignificant quantity)

The final question in determining whether there is jurisdiction are the fairness factors tests. Things to consider when deciding the fairness of the jurisdiction include: burden to the defendant and the plaintiff, if for instance the defendant has never been to the forum state (see: less than burger king) then he may have difficulty litigating in that state. Where the witnesses are, if most witnesses are in the forum state, it may be too much of a hardship for the plaintiff to litigate in defendant’s home state.

The state’s interests must also be protected. Does the state have an interest in litigating the issue and defending it’s citizens? In McGee, the state of California had an interest in protecting a single mom against an insurance company from texas (the case may resemble something to that manner, if so analogize facts from that case)

(this was all stream of consciousness, so forgive me ahead of time for the crappy writing)

keg411
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Re: 1L Exam Prep and Motivation Thread

Postby keg411 » Fri Dec 03, 2010 1:09 am

My Torts prof said that writing canned answers was a bad idea, he could always figure out who did it, and those exams were always horrible.

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Stanford4Me
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Re: 1L Exam Prep and Motivation Thread

Postby Stanford4Me » Fri Dec 03, 2010 1:13 am

I thought Burnham said (essentially) that personal service of process within the forum state is always sufficient for the exertion of personal jurisdiction by a court. Sure Brennan's dissent focused on the idea of personal availment, but dissents don't become binding.

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bostonian
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Re: 1L Exam Prep and Motivation Thread

Postby bostonian » Fri Dec 03, 2010 1:14 am

keg411 wrote:My Torts prof said that writing canned answers was a bad idea, he could always figure out who did it, and those exams were always horrible.


We're not allowed to copy and paste into our Torts exam and the prof said she felt like a canned answer would be useless anyway.
For Civ Pro, the prof doesn't really care.

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BriaTharen
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Re: 1L Exam Prep and Motivation Thread

Postby BriaTharen » Fri Dec 03, 2010 1:15 am

Stanford4Me wrote:I thought Burnham said (essentially) that personal service of process within the forum state is always sufficient for the exertion of personal jurisdiction by a court. Sure Brennan's dissent focused on the idea of personal availment, but dissents don't become binding.

It does. Scalia even said it would be straight up hypocritical to not permit SOP upon a defendant who was in the state since minimum contacts test and others are all based on an analogy to the defendant actually being in the state.

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Charles Barkley
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Re: 1L Exam Prep and Motivation Thread

Postby Charles Barkley » Fri Dec 03, 2010 1:16 am

Good idea. I'm going to do something similar once I start preparing for my Civ Pro final.

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skoobily doobily
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Re: 1L Exam Prep and Motivation Thread

Postby skoobily doobily » Fri Dec 03, 2010 1:16 am

Stanford4Me wrote:I thought Burnham said (essentially) that personal service of process within the forum state is always sufficient for the exertion of personal jurisdiction by a court. Sure Brennan's dissent focused on the idea of personal availment, but dissents don't become binding.

yeah, but my professor likes to think that if there was some instance so minuscule, an argument should be made for both sides (a couple years ago he did service while flying over the state in a commercial jet, and gave points for arguing both sides)

keg411 wrote:My Torts prof said that writing canned answers was a bad idea, he could always figure out who did it, and those exams were always horrible.

I would counter your anecdote with someone who used them to grade onto to law review . . . with 3/4 of the same professors as me.

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Stanford4Me
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Re: 1L Exam Prep and Motivation Thread

Postby Stanford4Me » Fri Dec 03, 2010 1:17 am

The only final I'm actually looking forward to is Contracts. I'm going to dominate the mess out of that final.

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BriaTharen
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Re: 1L Exam Prep and Motivation Thread

Postby BriaTharen » Fri Dec 03, 2010 1:19 am

skoobily doobily wrote:
Stanford4Me wrote:I thought Burnham said (essentially) that personal service of process within the forum state is always sufficient for the exertion of personal jurisdiction by a court. Sure Brennan's dissent focused on the idea of personal availment, but dissents don't become binding.

yeah, but my professor likes to think that if there was some instance so minuscule, an argument should be made for both sides (a couple years ago he did service while flying over the state in a commercial jet, and gave points for arguing both sides)

Arguing both sides is what you are supposed to do, unless the professor wants you to do something different. And they've done SOP in a plane before= http://www.kentlaw.edu/perritt/blog/200 ... plane.html

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dailygrind
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Re: 1L Exam Prep and Motivation Thread

Postby dailygrind » Fri Dec 03, 2010 1:48 am

Stanford4Me wrote:I thought Burnham said (essentially) that personal service of process within the forum state is always sufficient for the exertion of personal jurisdiction by a court. Sure Brennan's dissent focused on the idea of personal availment, but dissents don't become binding.


you think that applies outside of the P and D's areas of general jurisdiction?

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mths
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Re: 1L Exam Prep and Motivation Thread

Postby mths » Fri Dec 03, 2010 2:57 am

SmittenMitten wrote:There is one exam on file from the 80's for my professor and it is one long fact pattern with variations off of it.

However we have 50 mult. choice questions first and then the essay-

totally closed book-no FRCP-no nothing.

Just looked over the model answer for the latest practice test I took and I missed a couple of things- So I'll keep chugging away.

:shock:

17ShortFuse
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Re: 1L Exam Prep and Motivation Thread

Postby 17ShortFuse » Fri Dec 03, 2010 3:17 am

From what I'm hearing from everybody on here I'm so glad I don't have a Civ Pro exam. Unorthodox professor ftw.

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bayareadunks
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Re: 1L Exam Prep and Motivation Thread

Postby bayareadunks » Fri Dec 03, 2010 4:40 am

Encyclopedia Brown wrote:My classes ended today, and my first exam is on Wednesday. Just paddling along here in the interim.

Outlines are good, and I've taken a few practice tests for each class (improving, I think). So I guess I'll just keep taking practice exams and making/refining checklists for a couple of classes where I need them. Not as stressed or motivated as I thought I would be--don't know if that's a result of my preparation or my laziness.

This, for me at least.

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solotee
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Re: 1L Exam Prep and Motivation Thread

Postby solotee » Fri Dec 03, 2010 5:55 am

Encyclopedia Brown wrote:My classes ended today, and my first exam is on Wednesday. Just paddling along here in the interim.

Outlines are good, and I've taken a few practice tests for each class (improving, I think). So I guess I'll just keep taking practice exams and making/refining checklists for a couple of classes where I need them. Not as stressed or motivated as I thought I would be--don't know if that's a result of my preparation or my laziness.


Same here. Not sure why either. I'm hoping it's the result of preparation.

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mths
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Re: 1L Exam Prep and Motivation Thread

Postby mths » Fri Dec 03, 2010 5:57 am

solotee wrote:
Encyclopedia Brown wrote:My classes ended today, and my first exam is on Wednesday. Just paddling along here in the interim.

Outlines are good, and I've taken a few practice tests for each class (improving, I think). So I guess I'll just keep taking practice exams and making/refining checklists for a couple of classes where I need them. Not as stressed or motivated as I thought I would be--don't know if that's a result of my preparation or my laziness.


Same here. Not sure why either. I'm hoping it's the result of preparation.

I've lost the will to sleep. Which is nice cause I'm never tired but my sleep to waking hours ratio is getting alarming.

09042014
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Re: 1L Exam Prep and Motivation Thread

Postby 09042014 » Fri Dec 03, 2010 7:40 am

mths wrote:
solotee wrote:
Encyclopedia Brown wrote:My classes ended today, and my first exam is on Wednesday. Just paddling along here in the interim.

Outlines are good, and I've taken a few practice tests for each class (improving, I think). So I guess I'll just keep taking practice exams and making/refining checklists for a couple of classes where I need them. Not as stressed or motivated as I thought I would be--don't know if that's a result of my preparation or my laziness.


Same here. Not sure why either. I'm hoping it's the result of preparation.

I've lost the will to sleep. Which is nice cause I'm never tired but my sleep to waking hours ratio is getting alarming.


QF coke.


Cann aI haave some?

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dailygrind
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Re: 1L Exam Prep and Motivation Thread

Postby dailygrind » Fri Dec 03, 2010 2:48 pm

only 1 crim test for my professor in the bank. there are no model answers. 3 out of 4 questions are policy.

fuck
my
life.

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JazzOne
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Re: 1L Exam Prep and Motivation Thread

Postby JazzOne » Fri Dec 03, 2010 2:51 pm

dailygrind wrote:only 1 crim test for my professor in the bank. there are no model answers. 3 out of 4 questions are policy.

fuck
my
life.

I'll give you some advice. Look up your professor's law review articles on Westlaw. Then you'll know which policy arguments he/she advocates and which he/she argues against. Even if you disagree, it's a good model for the type of writing your prof appreciates.

I ended up editing an article for law review that was written by one of my professors (IP class). Then we talked about some of the ideas in his article the very next week in class (the "work made for hire" doctrine). It was kind of funny how I could raise my hand and confidently answer questions exactly to his liking.
Last edited by JazzOne on Fri Dec 03, 2010 2:55 pm, edited 1 time in total.

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dailygrind
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Re: 1L Exam Prep and Motivation Thread

Postby dailygrind » Fri Dec 03, 2010 2:53 pm

:idea: nice. i'll give that a look

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JCougar
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Re: 1L Exam Prep and Motivation Thread

Postby JCougar » Fri Dec 03, 2010 4:30 pm

dailygrind wrote:only 1 crim test for my professor in the bank. there are no model answers. 3 out of 4 questions are policy.

fuck
my
life.


That's hard, man.

The only policy question I'm going to get is in Property, and it's just one quesiton. Every other question/exam is going to be straight open-book issue spotting, except I think we have a limited amount of multiple choice in Contracts.

My Property professor has her last two exams in the bank with model answers, though, so I should be able to figure out what she wants. I hate the thought of policy questions, though. Somebody please tell me what answering policy questions has to do with being a lawyer.

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gwuorbust
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Re: 1L Exam Prep and Motivation Thread

Postby gwuorbust » Fri Dec 03, 2010 4:33 pm

did anyone not take a humongous amount of notes? I've never been a big fan of constant note taking, and people here are like "how are you preparing without notes?" Its not like I haven't taken any notes, but I found no need to write down 75% of the stuff that was said in class. . .

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JCougar
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Re: 1L Exam Prep and Motivation Thread

Postby JCougar » Fri Dec 03, 2010 4:45 pm

gwuorbust wrote:did anyone not take a humongous amount of notes? I've never been a big fan of constant note taking, and people here are like "how are you preparing without notes?" Its not like I haven't taken any notes, but I found no need to write down 75% of the stuff that was said in class. . .


I've got about 30 pages of class notes from Contracts, and about 20 each in Torts and Property.

I know some people who have, for only one class, gone through two 80-page legal pads this semester. Turning all that into an outline has to be a nightmare. I couldn't imagine trying to write down everything the prof. says and having to sort it out later.

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kalvano
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Re: 1L Exam Prep and Motivation Thread

Postby kalvano » Fri Dec 03, 2010 4:58 pm

gwuorbust wrote:did anyone not take a humongous amount of notes? I've never been a big fan of constant note taking, and people here are like "how are you preparing without notes?" Its not like I haven't taken any notes, but I found no need to write down 75% of the stuff that was said in class. . .



I didn't. I never figured out why people transcribe the entire class.




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