prioritizing outlines/supplements while cramming

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CordeliusX
Posts: 251
Joined: Thu Aug 27, 2009 10:48 pm

prioritizing outlines/supplements while cramming

Postby CordeliusX » Fri Nov 19, 2010 6:39 pm

Hey all,

I'd appreciate some info so I don't flip out.

I'm leaving for Thanksgiving and I'm basically trying to get a game plan. I REALLY do not know what outlining IS. I've been battling myself to figure it out, and I have some others' outlines so I don't need to outline, in some sense. If it means I take a sample outline, look through my notes so I see how it all links up with the sample, and then try to cram as much as the remaining condensed outline, then I "get it." :|

I have decided it's probably best to prep for exams in reverse order, so I will attack the first exam fresh from mainly uninterrupted studying, and the last ones will involve day-before "refresh" cramming. Do people advocate rotating studying subjects?

I'm also thinking that it might be better for me to read through a supplement in certain cases (Civ Pro as one chief one) than to construct my own outline.

Bottom line is, I have some sample outlines. I have my notes. I have supplements. But what the hell do I do with them? Maybe this sounds retarded but I'm honestly a deer in headlights right now.

Because I'm screwing myself with T-day break, I would also like to know if there's a recommended nutshell or other book which will essentially guarantee you do OK if you internalize it, i.e. a survival manual (not expecting class prizes lol).

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beach_terror
Posts: 7256
Joined: Tue Dec 01, 2009 10:01 pm

Re: prioritizing outlines/supplements while cramming

Postby beach_terror » Fri Nov 19, 2010 10:12 pm

I try to outline in steps, which is what most people do. Here's part of my personal jurisdiction civ pro outline


2. Statutory Basis for Personal Jurisdiction (Step 1)
a. There must be a state statute granting jurisdiction, the constitutional power for jurisdiction is not self-executing
i. Personal Service (those found within the state – may not be constitutional though)
ii. Over Corporations formed in the State
iii. Non-Resident Motorist Statute (Hess v. Pawloski) – specific jurisdiction only based on implied consent of service on an agent, then service transferred to non-resident
iv. Long-Arm Statute (In Personam Only)
1. Permits the State to exercise jurisdiction outside state lines
2. Some allow jurisdiction to be exercised to the full extent of the Constitution
3. Others provide a “laundry list”
a. Key language: “any business or substantial business” and “tortious act or omission”
4. Often there are two long- arm statutes
a. 1) Jurisdiction if the nonresident committed the tortious act or omission in the state
b. 2) Jurisdiction if the nonresident committed the tortious act or omission outside the state, but which injured the plaintiff in the state
i. Often only satisfied if D engaged in persistent course of conduct in the forum or derived substantial revenue in the forum (Gus v. Flint)
5. In Rem + QIR: Covered by attachment statutes
a. Property must be attached at the outset of the case
b. If in personam fails because of the LA statute – if D has sufficient contacts with forum to satisfy International Shoe and has property, try QIR2

Then if I'm trying to break down a case:

g. Burger King: D’s were from MI and entered into a franchise agreement in FL with BK. Their BK franchise never got off the ground and BK sued them in federal court in FL over the breach of contract.
i. MC: Although D’s never set foot in FL, they reached out to negotiate a 20 year, multi-million $ deal in FL. D argued that the regional office in MI was overseeing it, but the Court pointed out that Corp. HQ in FL called all the shots and approved the deal. Contract also said disputes would be governed by FL law.
1. This reinforced the deliberate affiliation with FL and the reasonable foreseeability of litigation there
ii. Fairness: 1) Burden is on D to demonstrate the unfairness. 2) Mere inconvenience is not enough; the forum has to be unconstitutional. Due process does not guarantee a good forum or the best forum – just a constitutional one. To succeed: D must show the forum is “so gravely difficult and inconvenient that a party unfairly is at a severe disadvantage in comparison to P.
1. D failed to show it was unconstitutionally inconvenient
2. Relative wealth irrelevant – “absent compelling considerations, a D who has purposefully derived commercial benefit from his affiliations in a forum may not defeat jurisdiction there simply because of his adversary’s greater wealth”

Excuse the fact heavy analysis, it's what my teacher wants.

sophie316
Posts: 374
Joined: Tue Apr 22, 2008 10:08 pm

Re: prioritizing outlines/supplements while cramming

Postby sophie316 » Sat Nov 20, 2010 2:25 am

I just took a bunch of old outlines(I think about 4 for each subject) and used them to make my own, adding in my own notes if I thought none of them had a certain important point in it. I would use supplements only if I did not understand something when doing this. I also went to my SOs family tuesday-sunday for thanksgivng and did no work the entire time, and it turned out fine(and was probably the reason that i was able to be extremely focused for the rest of the semester/exam period) so don't feel like you're screwing yourself just because of that. Taking a break can be a good thing.




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