1L Exam Prep and Motivation Thread Forum

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
Post Reply
User avatar
JenDarby

Diamond
Posts: 17362
Joined: Wed Oct 20, 2010 3:02 am

Re: 1L Exam Prep and Motivation Thread

Post by JenDarby » Fri May 04, 2012 10:35 pm

tedalbany wrote:CIV PRO!!!!
Civ pro is like inception... every time I think I get it I realize there's a whole 'nother level I completely overlooked, I get confused, and realize I know nothing.
Freer lectures. I can't recommend them enough. I think if you did nothing but watch them you could still do well.

User avatar
3|ink

Platinum
Posts: 7393
Joined: Wed Dec 16, 2009 5:23 pm

Re: 1L Exam Prep and Motivation Thread

Post by 3|ink » Fri May 04, 2012 10:36 pm

Stringer6 wrote:
3|ink wrote:Quick civ. pro question:

I can't find this in my notes anywhere, but I distinctly remember hearing that objections regarding subject-matter jurisdiction can be raised at any time. I confidently believed this until now. I can't believe I never wrote that down.

Can anyone confirm?
yes, even if it's raised for the first time on appeal. b/c subject-matter jurisdiction is a constitutional requirement.
Thank you.

But so is PJ, and you can't raise that after your first answer. I thought the reason was that SMJ isn't a right that can be waived.

User avatar
Stringer6

Platinum
Posts: 5919
Joined: Thu Jan 21, 2010 12:45 am

Re: 1L Exam Prep and Motivation Thread

Post by Stringer6 » Fri May 04, 2012 10:38 pm

3|ink wrote:
Stringer6 wrote:
3|ink wrote:Quick civ. pro question:

I can't find this in my notes anywhere, but I distinctly remember hearing that objections regarding subject-matter jurisdiction can be raised at any time. I confidently believed this until now. I can't believe I never wrote that down.

Can anyone confirm?
yes, even if it's raised for the first time on appeal. b/c subject-matter jurisdiction is a constitutional requirement.
Thank you.

But so is PJ, and you can't raise that after your first answer. I thought it was because SMJ isn't a right that can be waived.
think that's b/c D has given implied consent/waived it if he doesn't object.

but Article III defines what types of cases federal courts can entertain.
Last edited by Stringer6 on Fri May 04, 2012 10:39 pm, edited 1 time in total.

User avatar
Sapientia

Bronze
Posts: 165
Joined: Mon Sep 19, 2011 6:13 pm

Re: 1L Exam Prep and Motivation Thread

Post by Sapientia » Fri May 04, 2012 10:38 pm

JenDarby wrote:
tedalbany wrote:CIV PRO!!!!
Civ pro is like inception... every time I think I get it I realize there's a whole 'nother level I completely overlooked, I get confused, and realize I know nothing.
Freer lectures. I can't recommend them enough. I think if you did nothing but watch them you could still do well.
where can i find these?

User avatar
Stringer6

Platinum
Posts: 5919
Joined: Thu Jan 21, 2010 12:45 am

Re: 1L Exam Prep and Motivation Thread

Post by Stringer6 » Fri May 04, 2012 10:40 pm

JenDarby wrote:
tedalbany wrote:CIV PRO!!!!
Civ pro is like inception... every time I think I get it I realize there's a whole 'nother level I completely overlooked, I get confused, and realize I know nothing.
Freer lectures. I can't recommend them enough. I think if you did nothing but watch them you could still do well.
except it seems like each professor has his own take on how to do an Erie analysis

Want to continue reading?

Register now to search topics and post comments!

Absolutely FREE!


User avatar
3|ink

Platinum
Posts: 7393
Joined: Wed Dec 16, 2009 5:23 pm

Re: 1L Exam Prep and Motivation Thread

Post by 3|ink » Fri May 04, 2012 10:41 pm

Stringer6 wrote:
JenDarby wrote:
tedalbany wrote:CIV PRO!!!!
Civ pro is like inception... every time I think I get it I realize there's a whole 'nother level I completely overlooked, I get confused, and realize I know nothing.
Freer lectures. I can't recommend them enough. I think if you did nothing but watch them you could still do well.
except it seems like each professor has his own take on how to do an Erie analysis
Yeah. Mine insists on the Stevens approach.

User avatar
tedalbany

Gold
Posts: 1700
Joined: Wed Apr 11, 2012 11:15 pm

Re: 1L Exam Prep and Motivation Thread

Post by tedalbany » Fri May 04, 2012 10:47 pm

Stringer6 wrote:
JenDarby wrote:
tedalbany wrote:CIV PRO!!!!
Civ pro is like inception... every time I think I get it I realize there's a whole 'nother level I completely overlooked, I get confused, and realize I know nothing.
Freer lectures. I can't recommend them enough. I think if you did nothing but watch them you could still do well.
except it seems like each professor has his own take on how to do an Erie analysis
This is what's killing me. I read the freer chapter on Erie and it makes so much sense and I love it, but it doesn't seem to be the way per se that my professor taught it.

But I still want to use it since it doesn't 'conflict' with what my professor taught, it's just more of a logical extension, so I'd say they can co-exist and there's no reason to have to chose between professor or freers procedural Erie analysis.

hijodehombre

Bronze
Posts: 251
Joined: Tue Jul 27, 2010 3:29 pm

Re: 1L Exam Prep and Motivation Thread

Post by hijodehombre » Fri May 04, 2012 10:54 pm

tedalbany wrote:
Stringer6 wrote:
JenDarby wrote:
tedalbany wrote:CIV PRO!!!!
Civ pro is like inception... every time I think I get it I realize there's a whole 'nother level I completely overlooked, I get confused, and realize I know nothing.
Freer lectures. I can't recommend them enough. I think if you did nothing but watch them you could still do well.
except it seems like each professor has his own take on how to do an Erie analysis
This is what's killing me. I read the freer chapter on Erie and it makes so much sense and I love it, but it doesn't seem to be the way per se that my professor taught it.

But I still want to use it since it doesn't 'conflict' with what my professor taught, it's just more of a logical extension, so I'd say they can co-exist and there's no reason to have to chose between professor or freers procedural Erie analysis.
Sounds just like Walker. This is eerie.

User avatar
Sapientia

Bronze
Posts: 165
Joined: Mon Sep 19, 2011 6:13 pm

Re: 1L Exam Prep and Motivation Thread

Post by Sapientia » Fri May 04, 2012 11:07 pm

Sapientia wrote:
JenDarby wrote:
tedalbany wrote:CIV PRO!!!!
Civ pro is like inception... every time I think I get it I realize there's a whole 'nother level I completely overlooked, I get confused, and realize I know nothing.
Freer lectures. I can't recommend them enough. I think if you did nothing but watch them you could still do well.
where can i find these?

Want to continue reading?

Register for access!

Did I mention it was FREE ?


Voltaire

New
Posts: 37
Joined: Sat Sep 25, 2010 11:03 am

Re: 1L Exam Prep and Motivation Thread

Post by Voltaire » Fri May 04, 2012 11:08 pm

3|ink wrote:
Stringer6 wrote:
3|ink wrote:Quick civ. pro question:

I can't find this in my notes anywhere, but I distinctly remember hearing that objections regarding subject-matter jurisdiction can be raised at any time. I confidently believed this until now. I can't believe I never wrote that down.

Can anyone confirm?
yes, even if it's raised for the first time on appeal. b/c subject-matter jurisdiction is a constitutional requirement.
Thank you.

But so is PJ, and you can't raise that after your first answer. I thought the reason was that SMJ isn't a right that can be waived.
Right. 12h3 is what you're looking for. SMJ can be brought up anytime either by motion or sua sponte. 12h1 defines which of the 12b motions you waive.

Villanova3

New
Posts: 45
Joined: Tue Feb 21, 2012 3:32 pm

Re: 1L Exam Prep and Motivation Thread

Post by Villanova3 » Fri May 04, 2012 11:08 pm

Sapientia wrote:
Sapientia wrote:
JenDarby wrote:
tedalbany wrote:CIV PRO!!!!
Civ pro is like inception... every time I think I get it I realize there's a whole 'nother level I completely overlooked, I get confused, and realize I know nothing.
Freer lectures. I can't recommend them enough. I think if you did nothing but watch them you could still do well.
where can i find these?

You can find them on Barbri lectures. I went and saw this guy at Penn last semester. He got me an A- in civpro. Our teacher was terrible and I stopped going to class in Mid-October. Freer bought me the A-, nothing else.

hijodehombre

Bronze
Posts: 251
Joined: Tue Jul 27, 2010 3:29 pm

Re: 1L Exam Prep and Motivation Thread

Post by hijodehombre » Fri May 04, 2012 11:09 pm

Sapientia wrote:
Sapientia wrote:
JenDarby wrote:
tedalbany wrote:CIV PRO!!!!
Civ pro is like inception... every time I think I get it I realize there's a whole 'nother level I completely overlooked, I get confused, and realize I know nothing.
Freer lectures. I can't recommend them enough. I think if you did nothing but watch them you could still do well.
where can i find these?
Barbri. And I completely agree with JenDarby.

Arbiter213

Gold
Posts: 2248
Joined: Mon Oct 11, 2010 10:16 pm

Re: 1L Exam Prep and Motivation Thread

Post by Arbiter213 » Fri May 04, 2012 11:32 pm

Voltaire wrote:
3|ink wrote:
Stringer6 wrote:
3|ink wrote:Quick civ. pro question:

I can't find this in my notes anywhere, but I distinctly remember hearing that objections regarding subject-matter jurisdiction can be raised at any time. I confidently believed this until now. I can't believe I never wrote that down.

Can anyone confirm?
yes, even if it's raised for the first time on appeal. b/c subject-matter jurisdiction is a constitutional requirement.
Thank you.

But so is PJ, and you can't raise that after your first answer. I thought the reason was that SMJ isn't a right that can be waived.
Right. 12h3 is what you're looking for. SMJ can be brought up anytime either by motion or sua sponte. 12h1 defines which of the 12b motions you waive.
Worth noting SMJ can't be attacked collaterally.

Register now!

Resources to assist law school applicants, students & graduates.

It's still FREE!


User avatar
JoeFish

Bronze
Posts: 353
Joined: Thu Apr 28, 2011 7:43 am

Re: 1L Exam Prep and Motivation Thread

Post by JoeFish » Fri May 04, 2012 11:33 pm

I really loathe civil procedure. The material, specifically. My notes have enormous 3-or-4-class-long gaps in them. And, in fact, at one point I got bored and wrote a poem in my notes:

Ants, ants
Ants in your pants
Taking all the time up,
Taking all your money up,
Ants, ants,
Ants doing a dance,
Using all your money
And your time
In your pants

I hope to incorporate this into my exam.
That is all.

User avatar
Stringer6

Platinum
Posts: 5919
Joined: Thu Jan 21, 2010 12:45 am

Re: 1L Exam Prep and Motivation Thread

Post by Stringer6 » Fri May 04, 2012 11:34 pm

What can be attacked collaterally other than personal jurisdiction?

User avatar
JenDarby

Diamond
Posts: 17362
Joined: Wed Oct 20, 2010 3:02 am

Re: 1L Exam Prep and Motivation Thread

Post by JenDarby » Fri May 04, 2012 11:39 pm

Stringer6 wrote:
JenDarby wrote:
tedalbany wrote:CIV PRO!!!!
Civ pro is like inception... every time I think I get it I realize there's a whole 'nother level I completely overlooked, I get confused, and realize I know nothing.
Freer lectures. I can't recommend them enough. I think if you did nothing but watch them you could still do well.
except it seems like each professor has his own take on how to do an Erie analysis
Are you trying to say our professor doesn't follow Freer? I disagree with this point, and as a follow-up I request you send me your notes...

User avatar
tedalbany

Gold
Posts: 1700
Joined: Wed Apr 11, 2012 11:15 pm

Re: 1L Exam Prep and Motivation Thread

Post by tedalbany » Fri May 04, 2012 11:50 pm

Stringer6 wrote:What can be attacked collaterally other than personal jurisdiction?
Can't insufficient service of process?

Get unlimited access to all forums and topics

Register now!

I'm pretty sure I told you it's FREE...


User avatar
Stringer6

Platinum
Posts: 5919
Joined: Thu Jan 21, 2010 12:45 am

Re: 1L Exam Prep and Motivation Thread

Post by Stringer6 » Fri May 04, 2012 11:59 pm

tedalbany wrote:
Stringer6 wrote:What can be attacked collaterally other than personal jurisdiction?
Can't insufficient service of process?
Don't know

User avatar
JenDarby

Diamond
Posts: 17362
Joined: Wed Oct 20, 2010 3:02 am

Re: 1L Exam Prep and Motivation Thread

Post by JenDarby » Sat May 05, 2012 12:01 am

Stringer6 wrote:
tedalbany wrote:
Stringer6 wrote:What can be attacked collaterally other than personal jurisdiction?
Can't insufficient service of process?
Don't know
I think we learned this semester you can't hide from me. You don't think our prof follows Freer for Erie?

User avatar
Stringer6

Platinum
Posts: 5919
Joined: Thu Jan 21, 2010 12:45 am

Re: 1L Exam Prep and Motivation Thread

Post by Stringer6 » Sat May 05, 2012 12:04 am

JD: the difference I saw was that freer says that york's outcome-determinative test is still good law and to run it in an Erie analysis.

But our professor said to run a "modified outcome determinative test, which just means talk about the twin aims of Erie. Other than that it's the same I think -- just different phrasing and freer doesn't really specifically say what to do with a federal statute conflicting with state law.

I just listened today and agree that it's gold, Jerry, gold.

User avatar
Stringer6

Platinum
Posts: 5919
Joined: Thu Jan 21, 2010 12:45 am

Re: 1L Exam Prep and Motivation Thread

Post by Stringer6 » Sat May 05, 2012 12:07 am

Modified outcome determinative test = outcome determinative such that the twin aims of Erie are implicated. I went to office hours a while ago and she said to just talk about the twin aims.

Edit: I think the E&E and Acing Civ Pro say the same thing as our professor.

Communicate now with those who not only know what a legal education is, but can offer you worthy advice and commentary as you complete the three most educational, yet challenging years of your law related post graduate life.

Register now, it's still FREE!


User avatar
JenDarby

Diamond
Posts: 17362
Joined: Wed Oct 20, 2010 3:02 am

Re: 1L Exam Prep and Motivation Thread

Post by JenDarby » Sat May 05, 2012 12:15 am

Stringer6 wrote:JD: the difference I saw was that freer says that york's outcome-determinative test is still good law and to run it in an Erie analysis.

But our professor said to run a "modified outcome determinative test, which just means talk about the twin aims of Erie. Other than that it's the same I think -- just different phrasing and freer doesn't really specifically say what to do with a federal statute conflicting with state law.

I just listened today and agree that it's gold, Jerry, gold.
We agree then, excellent.

What you have above is actually exactly what I have in the very few class notes I have.

User avatar
tedalbany

Gold
Posts: 1700
Joined: Wed Apr 11, 2012 11:15 pm

Re: 1L Exam Prep and Motivation Thread

Post by tedalbany » Sat May 05, 2012 12:19 am

Our prof's model answers for Civ Pro are ridiculous. 19 pages single spaced. Goes on pretty much giving a treatise of the law for things that aren't even implicated in the fact pattern without applying any law to fact while talking about it (since it doesn't apply to the fact pattern at hand). I wonder if he just wants us to re-write the casebook in our own words, basically going against every success in law school article/book I've read.

merc280

Silver
Posts: 627
Joined: Thu Sep 03, 2009 2:52 am

Re: 1L Exam Prep and Motivation Thread

Post by merc280 » Sat May 05, 2012 1:56 am

1AM, and still studying in an undergrad library. The only one open 24/7. Damn you con law. If anyone knows about/ or enjoys con law I could sure use some help sorting out this material.

User avatar
crossarmant

Silver
Posts: 1116
Joined: Fri Jan 14, 2011 8:01 am

Re: 1L Exam Prep and Motivation Thread

Post by crossarmant » Sat May 05, 2012 6:58 am

merc280 wrote:1AM, and still studying in an undergrad library. The only one open 24/7. Damn you con law. If anyone knows about/ or enjoys con law I could sure use some help sorting out this material.
Shoot.

Seriously? What are you waiting for?

Now there's a charge.
Just kidding ... it's still FREE!


Post Reply

Return to “Forum for Law School Students”