1L Exam Prep and Motivation Thread

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FeelTheHeat
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Re: 1L Exam Prep and Motivation Thread

Postby FeelTheHeat » Mon Dec 05, 2011 8:22 pm

First exam at one tomorrow. Think I'm going to take it easy tonight and finish around 9-10ish. Early start, good breakfast, be ready to roll, test at 1.

I'm bummed I didn't spend more time trying to learn how to think like a lawyer this semester. I'm on the precipice of it, but I'm going to need that light to go on some time between now and Friday (my first essay exam). Oh well, regardless of what happens this semester I'll definitely be ready for the next one. Law school doesn't seem hard once you realize how to legally reason...I learned the BLL a long time ago. Now to apply it.

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theavrock
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Re: 1L Exam Prep and Motivation Thread

Postby theavrock » Mon Dec 05, 2011 8:23 pm

ilovesf wrote:Civpro is on wednesday. After reading the entire e&e, the entire crunch time book, and doing a practice exam, I'm actually feeling good. I feel like my class didn't do nearly as much as any of you guys have, I don't actually know what you guys are talking about half of the time when it comes to civ pro. We didn't even really talk about Venue at all (even though I read up on it in the e&e in case there is a curve ball). We focused A LOT on discovery. Probably because my prof specializes in e-discovery and was once sanctioned and disbarred from his clients lying and hiding things from him in discovery (the court later realized he was not at fault and was reinstated to the bar)


Sounds like you guys did Rules first. That's the way mine is as well.

We didn't do Erie or anything like that. Basically just went through a trial from start to finish. Rule 26 was by far what we spent the most time on.

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Mon Dec 05, 2011 8:26 pm

theavrock wrote:
ilovesf wrote:Civpro is on wednesday. After reading the entire e&e, the entire crunch time book, and doing a practice exam, I'm actually feeling good. I feel like my class didn't do nearly as much as any of you guys have, I don't actually know what you guys are talking about half of the time when it comes to civ pro. We didn't even really talk about Venue at all (even though I read up on it in the e&e in case there is a curve ball). We focused A LOT on discovery. Probably because my prof specializes in e-discovery and was once sanctioned and disbarred from his clients lying and hiding things from him in discovery (the court later realized he was not at fault and was reinstated to the bar)


Sounds like you guys did Rules first. That's the way mine is as well.

We didn't do Erie or anything like that. Basically just went through a trial from start to finish. Rule 26 was by far what we spent the most time on.

We did Erie but we didn't spend a lot of time focusing on it. We spent like 1 hour talking about it vs. Swift and that was it. We didn't go into the detail that the e&e does (thank god!). We also spent A LOT of time on Rule 26.. man that rule is long.

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Eugenie Danglars
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Re: 1L Exam Prep and Motivation Thread

Postby Eugenie Danglars » Mon Dec 05, 2011 8:27 pm

Yeah, our entire final today was on Erie. All of it. Nothing else. Yeah.

SwampRat88
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Re: 1L Exam Prep and Motivation Thread

Postby SwampRat88 » Mon Dec 05, 2011 8:30 pm

theavrock wrote:
SwampRat88 wrote:
theavrock wrote:
Then it needs to be signed by the attorney filing it with the court.


Where does it say that in Rule 11(a)????


"Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name—or by a party personally if the party is unrepresented."

Its in the first sentence. If the party is represented the attorney needs to sign it. If not the unrepresented party needs to sign it.


Ok--so if there is no attorney representing the organization, it would be acceptable for a senior official--like the CEO--to sign a complaint on behalf of the unrepresented organization?

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theavrock
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Re: 1L Exam Prep and Motivation Thread

Postby theavrock » Mon Dec 05, 2011 8:34 pm

SwampRat88 wrote:
theavrock wrote:
Ok--so if there is no attorney representing the organization, it would be acceptable for a senior official--like the CEO--to sign a complaint on behalf of the unrepresented organization?


I have no idea. In practice this would never happen because any company would have an attorney representing them in court. If this were to come up on an exam your prof would be a dick to expect any good answer.

To answer your question I think the person who legally owns the company would be responsible. If its publicly traded then a board member? I have no idea, but I wouldn't waste time thinking about it because it would never happen. Why would a major company ever represent itself without an attorney?

Seminole_305
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Re: 1L Exam Prep and Motivation Thread

Postby Seminole_305 » Mon Dec 05, 2011 8:37 pm

Does anyone have a really good contracts outline? Something that details Offer, Acceptance, Consideration, Parol Evidence and Estoppel. I want to compare mine to something else... if anyone is willing to help shoot me a pm. I can trade if you like...

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Mon Dec 05, 2011 8:38 pm

Eugenie Danglars wrote:Yeah, our entire final today was on Erie. All of it. Nothing else. Yeah.

:( Sorry.

Seminole_305
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Re: 1L Exam Prep and Motivation Thread

Postby Seminole_305 » Mon Dec 05, 2011 8:39 pm

sknight323 wrote:Going to fail Ks tomorrow. I gave law school a shot.


I feel you. I hate Ks and to be honest i am not sure if I have any idea what is going on. My outline is pure $hit and I am sure I am explaining everything wrong.

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FeelTheHeat
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Re: 1L Exam Prep and Motivation Thread

Postby FeelTheHeat » Mon Dec 05, 2011 8:46 pm

Seminole_305 wrote:
sknight323 wrote:Going to fail Ks tomorrow. I gave law school a shot.


I feel you. I hate Ks and to be honest i am not sure if I have any idea what is going on. My outline is pure $hit and I am sure I am explaining everything wrong.


I have a skeleton outline that will hopefully assist you. I use it as an issue spotting checklist of sorts, although unfortunately I can't bring it into the exam. If you recognize most things on it you should be in good shape.

http://www.scribd.com/doc/74656761/Skeleton-K-Contract
Last edited by FeelTheHeat on Mon Dec 05, 2011 9:02 pm, edited 1 time in total.

Seminole_305
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Re: 1L Exam Prep and Motivation Thread

Postby Seminole_305 » Mon Dec 05, 2011 8:49 pm

FeelTheHeat wrote:
Seminole_305 wrote:
sknight323 wrote:Going to fail Ks tomorrow. I gave law school a shot.


I feel you. I hate Ks and to be honest i am not sure if I have any idea what is going on. My outline is pure $hit and I am sure I am explaining everything wrong.


I have a skeleton outline that will helpfully assist you. I use it as an issue spotting checklist of sorts, although unfortunately I can't bring it into the exam. If you recognize most things on it you should be in good shape.

http://www.scribd.com/doc/74656761/Skeleton-K-Contract


Thank you!

dreakol
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Re: 1L Exam Prep and Motivation Thread

Postby dreakol » Mon Dec 05, 2011 8:54 pm

FeelTheHeat wrote:First exam at one tomorrow. Think I'm going to take it easy tonight and finish around 9-10ish. Early start, good breakfast, be ready to roll, test at 1.

I'm bummed I didn't spend more time trying to learn how to think like a lawyer this semester. I'm on the precipice of it, but I'm going to need that light to go on some time between now and Friday (my first essay exam). Oh well, regardless of what happens this semester I'll definitely be ready for the next one. Law school doesn't seem hard once you realize how to legally reason...I learned the BLL a long time ago. Now to apply it.


lol

i dont think finishing around 9 or 10 is taking it easy brother

SwampRat88
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Re: 1L Exam Prep and Motivation Thread

Postby SwampRat88 » Mon Dec 05, 2011 8:55 pm

theavrock wrote:
SwampRat88 wrote:
theavrock wrote:
Ok--so if there is no attorney representing the organization, it would be acceptable for a senior official--like the CEO--to sign a complaint on behalf of the unrepresented organization?


I have no idea. In practice this would never happen because any company would have an attorney representing them in court. If this were to come up on an exam your prof would be a dick to expect any good answer.

To answer your question I think the person who legally owns the company would be responsible. If its publicly traded then a board member? I have no idea, but I wouldn't waste time thinking about it because it would never happen. Why would a major company ever represent itself without an attorney?


Thanks for the help. Let's assume that it WOULD otherwise be sufficient under Rule 11(a). In the hypothetical I'm doing, would a party objecting to the lack of signature under Rule 11(a) file a motion for nsufficiency of process? I'm thinking so, because it relates to the form of the complaint itself.

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Eugenie Danglars
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Re: 1L Exam Prep and Motivation Thread

Postby Eugenie Danglars » Mon Dec 05, 2011 8:57 pm

ilovesf wrote:
Eugenie Danglars wrote:Yeah, our entire final today was on Erie. All of it. Nothing else. Yeah.

:( Sorry.


It's okay! I actually really like civ pro (enough to take CPII next term lol). It's just interesting to notice the different foci that people have.

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theavrock
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Re: 1L Exam Prep and Motivation Thread

Postby theavrock » Mon Dec 05, 2011 8:59 pm

SwampRat88 wrote:
Thanks for the help. Let's assume that it WOULD otherwise be sufficient under Rule 11(a). In the hypothetical I'm doing, would a party objecting to the lack of signature under Rule 11(a) file a motion for nsufficiency of process? I'm thinking so, because it relates to the form of the complaint itself.


That's how I would read it. Its not about the service of the process, its about the pleading so that would be a 12b(4) MTD. I'll be honest though we didn't spend a ton of time on process. Most of our 12b stuff was failure to state a claim.

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Eugenie Danglars
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Re: 1L Exam Prep and Motivation Thread

Postby Eugenie Danglars » Mon Dec 05, 2011 9:02 pm

theavrock wrote:
SwampRat88 wrote:
theavrock wrote:
Ok--so if there is no attorney representing the organization, it would be acceptable for a senior official--like the CEO--to sign a complaint on behalf of the unrepresented organization?


I have no idea. In practice this would never happen because any company would have an attorney representing them in court. If this were to come up on an exam your prof would be a dick to expect any good answer.

To answer your question I think the person who legally owns the company would be responsible. If its publicly traded then a board member? I have no idea, but I wouldn't waste time thinking about it because it would never happen. Why would a major company ever represent itself without an attorney?


Our prof said that most companies have a "designated person" who signs all legal stuff, usually but not always a lawyer. If the person serving things they serve the right person, the court usually counts it if it was a reasonable belief and at worst doesn't penalize them but just has them serve it again properly.

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Hannibal
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Re: 1L Exam Prep and Motivation Thread

Postby Hannibal » Mon Dec 05, 2011 9:03 pm

Eugenie Danglars wrote:Yeah, our entire final today was on Erie. All of it. Nothing else. Yeah.


Sounds like that exam was outcome-determinative ex ante.

jkay
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Re: 1L Exam Prep and Motivation Thread

Postby jkay » Mon Dec 05, 2011 9:06 pm

It's a trick.

[A] corporation cannot proceed pro se.” Bristol Petroleum Corp. v. Harris, 901 F.2d 165, 166 n.1 (D.C. Cir. 1990).



The traditional rule regarding for-profit corporations is that they
must be represented by a licensed attorney in courts of law. This rule
was recognized very early in American jurisprudence in Osborn v. Pres-
ident, Directors & Co. of the Bank o f the United state. In dictum,
Chief Justice Marshall stated, "It is admitted, that a corporation can only
appear by a t t o r n e y."


(cut and pasted from a pdf at http://www.law.ua.edu/pubs/jlp/files/is ... 2art16.pdf )

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sundance95
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Re: 1L Exam Prep and Motivation Thread

Postby sundance95 » Mon Dec 05, 2011 9:15 pm

jkay wrote:It's a trick.

[A] corporation cannot proceed pro se.” Bristol Petroleum Corp. v. Harris, 901 F.2d 165, 166 n.1 (D.C. Cir. 1990).



The traditional rule regarding for-profit corporations is that they
must be represented by a licensed attorney in courts of law. This rule
was recognized very early in American jurisprudence in Osborn v. Pres-
ident, Directors & Co. of the Bank o f the United state. In dictum,
Chief Justice Marshall stated, "It is admitted, that a corporation can only
appear by a t t o r n e y."


(cut and pasted from a pdf at http://www.law.ua.edu/pubs/jlp/files/is ... 2art16.pdf )

It's incredibly dick that a prof would test a point like that, which would never come up in practice and probably would be discovered via research in the unlikely event that it did. And the academy wonders why it gets criticized for not teaching practical skills.
Last edited by sundance95 on Mon Dec 05, 2011 9:20 pm, edited 1 time in total.

shock259
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Re: 1L Exam Prep and Motivation Thread

Postby shock259 » Mon Dec 05, 2011 9:16 pm

First exam tomorrow morning. And early. Any last minute tips..?

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ph14
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Re: 1L Exam Prep and Motivation Thread

Postby ph14 » Mon Dec 05, 2011 9:28 pm

shock259 wrote:First exam tomorrow morning. And early. Any last minute tips..?


Here's your "swing thought": Apply law to fact.

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johansantana21
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Re: 1L Exam Prep and Motivation Thread

Postby johansantana21 » Mon Dec 05, 2011 9:31 pm

Good news is the bridge is right outside my law school. Convenient jump to relieve myself from finals stress.

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Extension_Cord
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Re: 1L Exam Prep and Motivation Thread

Postby Extension_Cord » Mon Dec 05, 2011 9:45 pm

• A party may rescind a K for a material misrepresentation even if the misrepresentation was not made with fraudulent intent (innocent misrepresentation).


I put this is my outline, but I don't understand why, pretty bad eh?

Any help?

How do you know who bears the risk of loss? Is there a test for this?

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Dany
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Re: 1L Exam Prep and Motivation Thread

Postby Dany » Mon Dec 05, 2011 9:51 pm

FTH you're gonna kill it tomorrow! :D Best of luck.

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johansantana21
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Re: 1L Exam Prep and Motivation Thread

Postby johansantana21 » Mon Dec 05, 2011 9:51 pm

Extension_Cord wrote:
• A party may rescind a K for a material misrepresentation even if the misrepresentation was not made with fraudulent intent (innocent misrepresentation).


I put this is my outline, but I don't understand why, pretty bad eh?

Any help?

How do you know who bears the risk of loss? Is there a test for this?


Unilateral clerical mistakes can lead to a revocation of contract as long as there has not been detrimental reliance. Cargill Commission Co. v. Mowery.




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