1L Exam Prep and Motivation Thread

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jkay
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Re: 1L Exam Prep and Motivation Thread

Postby jkay » Mon Dec 05, 2011 9:57 pm

It's negligent misrepresentation and it is important.

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piccolittle
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Re: 1L Exam Prep and Motivation Thread

Postby piccolittle » Mon Dec 05, 2011 10:05 pm

jkay wrote:It's negligent misrepresentation and it is important.


Yep, misrepresentations can be a basis for avoiding the contract where they are either fraudulent or material (negligent - not fraudulent). Fraudulent is intending to induce reliance with knowledge or "recklessness" (sort of) as to the falsity of the statement. Material (negligent) is just whether it is likely to induce a reasonable person and it is false, with no scienter.

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AlexanderSupertramp
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Re: 1L Exam Prep and Motivation Thread

Postby AlexanderSupertramp » Mon Dec 05, 2011 10:07 pm

I am so scared about Contracts. Property I fucked up because I didn't read the directions, Civ Pro i fucked up by forgetting stuff but Contracts...I just don't grasp it at all. The material is really hard for me and my professor's teaching style is not on my level at all. At least I have til Thursday to learn it.

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FeelTheHeat
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Re: 1L Exam Prep and Motivation Thread

Postby FeelTheHeat » Mon Dec 05, 2011 10:08 pm

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


Thanks...gotta do tls proud lol

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japes
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Re: 1L Exam Prep and Motivation Thread

Postby japes » Mon Dec 05, 2011 10:22 pm

First law school exam ever tomorrow. Shit.

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alicrimson
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Re: 1L Exam Prep and Motivation Thread

Postby alicrimson » Mon Dec 05, 2011 10:26 pm

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



Ditto. 8:30 isn't too early but still...not optimal. Eh, I guess its good though because anxiety prior to test can only go on for so long. Plus, we won't have to think about it much. Like ripping off a band aid. Quick.

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Extension_Cord
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Re: 1L Exam Prep and Motivation Thread

Postby Extension_Cord » Mon Dec 05, 2011 10:44 pm

piccolittle wrote:
jkay wrote:It's negligent misrepresentation and it is important.


Yep, misrepresentations can be a basis for avoiding the contract where they are either fraudulent or material (negligent - not fraudulent). Fraudulent is intending to induce reliance with knowledge or "recklessness" (sort of) as to the falsity of the statement. Material (negligent) is just whether it is likely to induce a reasonable person and it is false, with no scienter.


So a material misrepresentation is when a person knowingly makes false statements, but not with the intent to induce action, but does induce action?

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TatteredDignity
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Re: 1L Exam Prep and Motivation Thread

Postby TatteredDignity » Mon Dec 05, 2011 10:53 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?


1) you check to see if the risk was expressly allocated. If that isn't there (of course it isn't), you 2) ask how rational parties would allocate the risk if they had thought to do so. The general rule is that the buyer usually assumes the risk of either good or bad outcomes (hurray, the land has oil beneath it; boo, the land has sludge beneath it).

jkay
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Re: 1L Exam Prep and Motivation Thread

Postby jkay » Mon Dec 05, 2011 10:57 pm

Both require a material misrepresentation.

Fraudulent misrepresentation requires intent to deceive, while negligent misrepresentation requires that the person who made the representation had no reasonable ground for believing it to be true.

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TatteredDignity
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Re: 1L Exam Prep and Motivation Thread

Postby TatteredDignity » Mon Dec 05, 2011 11:04 pm

Years from now, we'll look back with fondness at the tantalizing month leading up to 1st semester grades before any of us knew whether we were good at lawl school or not.

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johansantana21
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Re: 1L Exam Prep and Motivation Thread

Postby johansantana21 » Mon Dec 05, 2011 11:10 pm

0LNewbie wrote:Years from now, we'll look back with fondness at the tantalizing month leading up to 1st semester grades before any of us knew whether we were good at lawl school or not.


I know I'm not. Comparing practice answers with other students...I can see how dumb I am.

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SilverE2
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Re: 1L Exam Prep and Motivation Thread

Postby SilverE2 » Mon Dec 05, 2011 11:14 pm

Seriously, fuck joinder. Fuck everything about joinder. It's not the joinder rules themselves that are bad, it's the fact that if a claim and a party are being joined, I have to go back and do an entire subject matter jurisdiction, personal jurisdiction, and venue analysis. Fuck everything about that.

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Mon Dec 05, 2011 11:14 pm

Just a general tip: if you're allowed to, bring a lot of water. For some reason I was super thirsty while taking my test and finished my bottle of water in like an hour.

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TatteredDignity
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Re: 1L Exam Prep and Motivation Thread

Postby TatteredDignity » Mon Dec 05, 2011 11:15 pm

johansantana21 wrote:
0LNewbie wrote:Years from now, we'll look back with fondness at the tantalizing month leading up to 1st semester grades before any of us knew whether we were good at lawl school or not.


I know I'm not. Comparing practice answers with other students...I can see how dumb I am.


Curious, is it generally issue spotting, depth of analysis, both? Either way, keep your head up- maybe you're comparing answers with the cream.

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istara
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Re: 1L Exam Prep and Motivation Thread

Postby istara » Mon Dec 05, 2011 11:17 pm

I was scared to bring water because I didn't want to have to get up to go to the bathroom!

+1 on the fuck joinder.. I'm so glad to be done with civ pro (2 hypos over 10 pages of nightmare = me taking tonight off!)

Tomorrow: yay torts..

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Mon Dec 05, 2011 11:29 pm

istara wrote:I was scared to bring water because I didn't want to have to get up to go to the bathroom!

+1 on the fuck joinder.. I'm so glad to be done with civ pro (2 hypos over 10 pages of nightmare = me taking tonight off!)

Tomorrow: yay torts..

I thought that would be a problem for me because generally if I'm drinking water I have to pee like every hour, but I was so in the zone that it wasn't a problem at all. I think the adrenaline just sort of takes over and it isn't that big of a problem.

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cinephile
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Re: 1L Exam Prep and Motivation Thread

Postby cinephile » Mon Dec 05, 2011 11:36 pm

piccolittle wrote:
jkay wrote:It's negligent misrepresentation and it is important.


Yep, misrepresentations can be a basis for avoiding the contract where they are either fraudulent or material (negligent - not fraudulent). Fraudulent is intending to induce reliance with knowledge or "recklessness" (sort of) as to the falsity of the statement. Material (negligent) is just whether it is likely to induce a reasonable person and it is false, with no scienter.


Is negligent misrepresentation a contract claim or a tort?

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Hannibal
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Re: 1L Exam Prep and Motivation Thread

Postby Hannibal » Mon Dec 05, 2011 11:39 pm

cinephile wrote:
piccolittle wrote:
jkay wrote:It's negligent misrepresentation and it is important.


Yep, misrepresentations can be a basis for avoiding the contract where they are either fraudulent or material (negligent - not fraudulent). Fraudulent is intending to induce reliance with knowledge or "recklessness" (sort of) as to the falsity of the statement. Material (negligent) is just whether it is likely to induce a reasonable person and it is false, with no scienter.


Is negligent misrepresentation a contract claim or a tort?


It's a basis to void the contract.

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cinephile
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Re: 1L Exam Prep and Motivation Thread

Postby cinephile » Mon Dec 05, 2011 11:45 pm

Thanks

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NYC Law
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Re: 1L Exam Prep and Motivation Thread

Postby NYC Law » Mon Dec 05, 2011 11:49 pm

Just noticed like 25% of my hair is now gray. 1L has aged me at least 10 years.

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Mon Dec 05, 2011 11:51 pm

NYC Law wrote:Just noticed like 25% of my hair is now gray. 1L has aged me at least 10 years.

:( I found two small gray hairs today. I'm only 24. :(

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NYC Law
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Re: 1L Exam Prep and Motivation Thread

Postby NYC Law » Mon Dec 05, 2011 11:52 pm

ilovesf wrote:
NYC Law wrote:Just noticed like 25% of my hair is now gray. 1L has aged me at least 10 years.

:( I found two small gray hairs today. I'm only 24. :(


I'm 23.

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crossarmant
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Re: 1L Exam Prep and Motivation Thread

Postby crossarmant » Mon Dec 05, 2011 11:56 pm

NYC Law wrote:Just noticed like 25% of my hair is now gray. 1L has aged me at least 10 years.


Same thing. I found a number at my temples and a slew in my beard, the worst part is that my hair is thinning. I'm 25.

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Mon Dec 05, 2011 11:59 pm

NYC Law wrote:
ilovesf wrote:
NYC Law wrote:Just noticed like 25% of my hair is now gray. 1L has aged me at least 10 years.

:( I found two small gray hairs today. I'm only 24. :(


I'm 23.

Ouch. Are you a guy? At least guys have it a bit easier and can pull off a gray look a bit better.

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Tue Dec 06, 2011 12:01 am

crossarmant wrote:
NYC Law wrote:Just noticed like 25% of my hair is now gray. 1L has aged me at least 10 years.


Same thing. I found a number at my temples and a slew in my beard, the worst part is that my hair is thinning. I'm 25.

My brother is 28 and almost has no hair on the top of his head, he's been balding little by little since he was about 24 or 25. We have really awful early male baldness genes in my family.. It almost makes me never want to have a son.




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