1L Exam Prep and Motivation Thread

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ph14
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Re: 1L Exam Prep and Motivation Thread

Postby ph14 » Wed Dec 07, 2011 11:57 pm

ocplaytime wrote:
paulinaporizkova wrote:
ocplaytime wrote:part of question from civ pro final today:


mr.x is domiciled in CA (lived there his whole life) but just got sentenced to 20 years in federal prison in NY. already in custody. Mr. X owns "A LIMITIED LIABILITY CORPORATION XYZ that is incorporated in Delaware and principal place of business in Florida"

does what I just explained make the XYZ a corporation for SMJ/diversity sake? some people in class took the LLC as an unincorporated entity which would be attached to the domicile of Mr.X.


LLCs look at domicile of all members - inc/ppob was a red herring


so in other words im basically going to look like a moron? was a big hypo and basically had to represent mr.x and xyz from various suits using Rule 8 and 12 including affirmative defenses. spent about 80% of answer focusing on mr.x though because he had a bigger disaster going on. pretty stupid mistake on my part...I usually don't stick around after but just had to after this one and while some people picked up on that part a good portion didn't even get to most of rule 12. hopefully it evens out the cuve


No because even if you say something would be dispositive or not you should still analyze everything.

Btw, here's what I found on Wikipeida: A partnership or limited liability company is considered to have the citizenship of all of its constituent partners/members.[4] Thus, an LLC or partnership with one member or partner sharing citizenship with an opposing party will destroy diversity of jurisdiction.

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Eugenie Danglars
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Re: 1L Exam Prep and Motivation Thread

Postby Eugenie Danglars » Wed Dec 07, 2011 11:58 pm

Tip for MPC studying- I've gone through the sections we're responsible for and tried to think of a real life situation where a person would be liable under each subsection. It's helped me catch a lot of little things on the practice tests. :-)

Aaaand maybe that's obvious and I'm just slow ;-)

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Re: 1L Exam Prep and Motivation Thread

Postby paulinaporizkova » Wed Dec 07, 2011 11:59 pm

ocplaytime wrote:
paulinaporizkova wrote:
ocplaytime wrote:part of question from civ pro final today:


mr.x is domiciled in CA (lived there his whole life) but just got sentenced to 20 years in federal prison in NY. already in custody. Mr. X owns "A LIMITIED LIABILITY CORPORATION XYZ that is incorporated in Delaware and principal place of business in Florida"

does what I just explained make the XYZ a corporation for SMJ/diversity sake? some people in class took the LLC as an unincorporated entity which would be attached to the domicile of Mr.X.


LLCs look at domicile of all members - inc/ppob was a red herring


so in other words im basically going to look like a moron? was a big hypo and basically had to represent mr.x and xyz from various suits using Rule 8 and 12 including affirmative defenses. spent about 80% of answer focusing on mr.x though because he had a bigger disaster going on. pretty stupid mistake on my part...I usually don't stick around after but just had to after this one and while some people picked up on that part a good portion didn't even get to most of rule 12. hopefully it evens out the cuve


I mean this depends on what your prof told you about LLC's - for mine it was like one sentence - "all members are looked at for diversity purposes for LLC's because they aren't fully incorporated", moving on, so IDK what your prof said. But the fact that it's limited liability makes it fundamentally not fully incorporated so you shouldn't just assume inc/ppob is appropriate. there is at least an issue there to resolve

ToTransferOrNot
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Re: 1L Exam Prep and Motivation Thread

Postby ToTransferOrNot » Thu Dec 08, 2011 12:00 am

paulinaporizkova wrote:
ocplaytime wrote:
paulinaporizkova wrote:
ocplaytime wrote:part of question from civ pro final today:


mr.x is domiciled in CA (lived there his whole life) but just got sentenced to 20 years in federal prison in NY. already in custody. Mr. X owns "A LIMITIED LIABILITY CORPORATION XYZ that is incorporated in Delaware and principal place of business in Florida"

does what I just explained make the XYZ a corporation for SMJ/diversity sake? some people in class took the LLC as an unincorporated entity which would be attached to the domicile of Mr.X.


LLCs look at domicile of all members - inc/ppob was a red herring


so in other words im basically going to look like a moron? was a big hypo and basically had to represent mr.x and xyz from various suits using Rule 8 and 12 including affirmative defenses. spent about 80% of answer focusing on mr.x though because he had a bigger disaster going on. pretty stupid mistake on my part...I usually don't stick around after but just had to after this one and while some people picked up on that part a good portion didn't even get to most of rule 12. hopefully it evens out the cuve


I mean this depends on what your prof told you about LLC's - for mine it was like one sentence - "all members are looked at for diversity purposes for LLC's because they aren't fully incorporated", moving on, so IDK what your prof said. But the fact that it's limited liability makes it fundamentally not fully incorporated so you shouldn't just assume inc/ppob is appropriate. there is at least an issue there to resolve


Huhwut? Corporations are fully incorporated (obviously) and they are limited liability.

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Bildungsroman
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Re: 1L Exam Prep and Motivation Thread

Postby Bildungsroman » Thu Dec 08, 2011 12:01 am

Image

paulinaporizkova
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Re: 1L Exam Prep and Motivation Thread

Postby paulinaporizkova » Thu Dec 08, 2011 12:01 am

I mean technically it's not even called a limited liability corp it's a limited liability COMPANY. but I digress because I'm driving bils nuts and people have tests tomorrow

ocplaytime
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Re: 1L Exam Prep and Motivation Thread

Postby ocplaytime » Thu Dec 08, 2011 12:02 am

ph14 wrote:
ocplaytime wrote:
paulinaporizkova wrote:
ocplaytime wrote:part of question from civ pro final today:


mr.x is domiciled in CA (lived there his whole life) but just got sentenced to 20 years in federal prison in NY. already in custody. Mr. X owns "A LIMITIED LIABILITY CORPORATION XYZ that is incorporated in Delaware and principal place of business in Florida"

does what I just explained make the XYZ a corporation for SMJ/diversity sake? some people in class took the LLC as an unincorporated entity which would be attached to the domicile of Mr.X.


LLCs look at domicile of all members - inc/ppob was a red herring


so in other words im basically going to look like a moron? was a big hypo and basically had to represent mr.x and xyz from various suits using Rule 8 and 12 including affirmative defenses. spent about 80% of answer focusing on mr.x though because he had a bigger disaster going on. pretty stupid mistake on my part...I usually don't stick around after but just had to after this one and while some people picked up on that part a good portion didn't even get to most of rule 12. hopefully it evens out the cuve


No because even if you say something would be dispositive or not you should still analyze everything.

Btw, here's what I found on Wikipeida: A partnership or limited liability company is considered to have the citizenship of all of its constituent partners/members.[4] Thus, an LLC or partnership with one member or partner sharing citizenship with an opposing party will destroy diversity of jurisdiction.


that would have been a pretty good start to an answer... we did 2-3 LLC cases in the 3rd week of the semester since my prof decided to start with SMJ. completely ignored testing anything major about venue/erie for the most part even though thats all we have done since midterms.

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bendtheslurry
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Re: 1L Exam Prep and Motivation Thread

Postby bendtheslurry » Thu Dec 08, 2011 12:02 am

alicrimson wrote:Still hung up on crim. It was a huge common law essay with statutes. I'm nervous I used too much common law jargon and not enough statute language. FML...though, the statutes didn't look too different than the common law. So maybe okay? Either way, using this abomination as a jumping off point to motivate myself to rock the other tests in case I need to counter my potential shoddy crim performance.


Crim Law called while you were out and said you pwned the hell out of it and to stfu and worry about torts.

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Re: 1L Exam Prep and Motivation Thread

Postby paulinaporizkova » Thu Dec 08, 2011 12:02 am

Bildungsroman wrote:Image


okay okay. I'm just so fucking cracked out right now I can't help it

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Bildungsroman
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Re: 1L Exam Prep and Motivation Thread

Postby Bildungsroman » Thu Dec 08, 2011 12:05 am

Image

And I'm not posting these because of you, paulina. These are just omens of my impending exam doom.

ToTransferOrNot
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Re: 1L Exam Prep and Motivation Thread

Postby ToTransferOrNot » Thu Dec 08, 2011 12:05 am

All 1Ls, just remember to put the tests you're taking right now into perspective. They only have 50% influence on whether you get a job during OCI. No big, right?


(well, to be more exact, they also have probably a 90% influence on what job you get for 1L summer)


(ok, to be fair, your exam performance during the first semester will have a psychic impact on your second semester, so that 50% should probably go up to 60-70% and 95% for 1L summer)


(crap, your 1L summer gig will influence OCI)

....

uh, good luck guys? ;)


:twisted:

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Re: 1L Exam Prep and Motivation Thread

Postby paulinaporizkova » Thu Dec 08, 2011 12:06 am

Bildungsroman wrote:
And I'm not posting these because of you, paulina. These are just omens of my impending exam doom.

oo, that one looks like a flamingo

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johansantana21
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Re: 1L Exam Prep and Motivation Thread

Postby johansantana21 » Thu Dec 08, 2011 12:09 am

Fuck you guys who did well, I subjectively know I screwed up.

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Thu Dec 08, 2011 12:11 am

ToTransferOrNot wrote:All 1Ls, just remember to put the tests you're taking right now into perspective. They only have 50% influence on whether you get a job during OCI. No big, right?


(well, to be more exact, they also have probably a 90% influence on what job you get for 1L summer)


(ok, to be fair, your exam performance during the first semester will have a psychic impact on your second semester, so that 50% should probably go up to 60-70% and 95% for 1L summer)


(crap, your 1L summer gig will influence OCI)

....

uh, good luck guys? ;)


:twisted:

GTFO

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acrossthelake
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Re: 1L Exam Prep and Motivation Thread

Postby acrossthelake » Thu Dec 08, 2011 12:16 am

ToTransferOrNot wrote:All 1Ls, just remember to put the tests you're taking right now into perspective. They only have 50% influence on whether you get a job during OCI. No big, right?


(well, to be more exact, they also have probably a 90% influence on what job you get for 1L summer)


(ok, to be fair, your exam performance during the first semester will have a psychic impact on your second semester, so that 50% should probably go up to 60-70% and 95% for 1L summer)


(crap, your 1L summer gig will influence OCI)

....

uh, good luck guys? ;)


:twisted:


Lol don't be an ass. A lot of what you said is also just untrue. The 1L summer gig doesn't influence OCI for the vast majority of people, and most 1L summer jobs don't care about the first semester grades.

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Bildungsroman
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Re: 1L Exam Prep and Motivation Thread

Postby Bildungsroman » Thu Dec 08, 2011 12:20 am

acrossthelake wrote:
ToTransferOrNot wrote:All 1Ls, just remember to put the tests you're taking right now into perspective. They only have 50% influence on whether you get a job during OCI. No big, right?


(well, to be more exact, they also have probably a 90% influence on what job you get for 1L summer)


(ok, to be fair, your exam performance during the first semester will have a psychic impact on your second semester, so that 50% should probably go up to 60-70% and 95% for 1L summer)


(crap, your 1L summer gig will influence OCI)

....

uh, good luck guys? ;)


:twisted:


Lol don't be an ass. A lot of what you said is also just untrue. The 1L summer gig doesn't influence OCI for the vast majority of people, and most 1L summer jobs don't care about the first semester grades.

I wonder which one of these people has been through the 1L job hunt and OCI...

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$peppercorn
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Re: 1L Exam Prep and Motivation Thread

Postby $peppercorn » Thu Dec 08, 2011 12:21 am

ilovesf wrote:
ToTransferOrNot wrote:All 1Ls, just remember to put the tests you're taking right now into perspective. They only have 50% influence on whether you get a job during OCI. No big, right?


(well, to be more exact, they also have probably a 90% influence on what job you get for 1L summer)


(ok, to be fair, your exam performance during the first semester will have a psychic impact on your second semester, so that 50% should probably go up to 60-70% and 95% for 1L summer)


(crap, your 1L summer gig will influence OCI)

....

uh, good luck guys? ;)


:twisted:

GTFO

HA...+1

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johansantana21
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Re: 1L Exam Prep and Motivation Thread

Postby johansantana21 » Thu Dec 08, 2011 12:22 am

1L jobs matter? Since when? I'm going to RA it up and be lazy.

ToTransferOrNot
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Re: 1L Exam Prep and Motivation Thread

Postby ToTransferOrNot » Thu Dec 08, 2011 12:22 am

Bildungsroman wrote:
acrossthelake wrote:
ToTransferOrNot wrote:All 1Ls, just remember to put the tests you're taking right now into perspective. They only have 50% influence on whether you get a job during OCI. No big, right?


(well, to be more exact, they also have probably a 90% influence on what job you get for 1L summer)


(ok, to be fair, your exam performance during the first semester will have a psychic impact on your second semester, so that 50% should probably go up to 60-70% and 95% for 1L summer)


(crap, your 1L summer gig will influence OCI)

....

uh, good luck guys? ;)


:twisted:


Lol don't be an ass. A lot of what you said is also just untrue. The 1L summer gig doesn't influence OCI for the vast majority of people, and most 1L summer jobs don't care about the first semester grades.

I wonder which one of these people has been through the 1L job hunt and OCI...


TBF I really was just being an evil sob.

crossem
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Re: 1L Exam Prep and Motivation Thread

Postby crossem » Thu Dec 08, 2011 12:23 am

Gamecock227 wrote:
crossem wrote:2 Qs:

How long, if at all, do you outline before typing in torts?

My prof has no samples and no guidance, but I have heard we will have one dense fact pattern and be told to ID all liabilities. I am worried about outlining too much and missing points, but going in blazing does not seem like the answer either.

Also, any tips on integrating facts into your analysis? I catch myself using the same few over and over again, thus missing others that would open up more possibilities in my analysis.

Thanks!


We had 2.5 Hours to answer 2 two-page hypotheticals on my exam today, I highlight every time there is a harm and that's my outline. There's really no time when you figure every torts Prof is going to put 5 or so Torts in a question if not more.


Thanks for the responses, they all helped. I really like this highlight the harm idea.

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Eugenie Danglars
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Re: 1L Exam Prep and Motivation Thread

Postby Eugenie Danglars » Thu Dec 08, 2011 12:23 am

ToTransferOrNot wrote:
TBF I really was just being an evil sob.


Aren't you drunk, too?

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Bildungsroman
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Re: 1L Exam Prep and Motivation Thread

Postby Bildungsroman » Thu Dec 08, 2011 12:24 am

ToTransferOrNot wrote:
Bildungsroman wrote:
acrossthelake wrote:
ToTransferOrNot wrote:All 1Ls, just remember to put the tests you're taking right now into perspective. They only have 50% influence on whether you get a job during OCI. No big, right?


(well, to be more exact, they also have probably a 90% influence on what job you get for 1L summer)


(ok, to be fair, your exam performance during the first semester will have a psychic impact on your second semester, so that 50% should probably go up to 60-70% and 95% for 1L summer)


(crap, your 1L summer gig will influence OCI)

....

uh, good luck guys? ;)


:twisted:


Lol don't be an ass. A lot of what you said is also just untrue. The 1L summer gig doesn't influence OCI for the vast majority of people, and most 1L summer jobs don't care about the first semester grades.

I wonder which one of these people has been through the 1L job hunt and OCI...


TBF I really was just being an evil sob.

People told me UChicago students would be like this.

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acrossthelake
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Re: 1L Exam Prep and Motivation Thread

Postby acrossthelake » Thu Dec 08, 2011 12:25 am

Bildungsroman wrote:
acrossthelake wrote:
Lol don't be an ass. A lot of what you said is also just untrue. The 1L summer gig doesn't influence OCI for the vast majority of people, and most 1L summer jobs don't care about the first semester grades.

I wonder which one of these people has been through the 1L job hunt and OCI...


Bils, I've talked to enough people who *have* been through the 1L job hunt and OCI. Yes, grades will determine whether you get something "prestigious" or whether you get paid, and having an offer from 1L summer really helps at OCI. But in general, if you can talk intelligently about what you did over the summer, then your 1L summer job isn't a big deal. And I disagree that exam performance from 1st semester is going to have a "psychic impact" on second semester that it makes up 60-70% of they year.

ToTransferOrNot
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Re: 1L Exam Prep and Motivation Thread

Postby ToTransferOrNot » Thu Dec 08, 2011 12:27 am

Eugenie Danglars wrote:
ToTransferOrNot wrote:
TBF I really was just being an evil sob.


Aren't you drunk, too?


Eh, coming down at this point.

Honestly, your first-semester exams are important. I would take issue with the statement that 1L gigs don't care about your grades (many don't, some do, things may have changed since 2008, but I can't imagine that they have become completely irrelevant).

That said, at this point in the game, stressing and the like can do nothing but hurt you. When I say that my night-before-the-exam ritual was a bottle of wine and a pint of ice cream, I'm really not kidding. I always stopped studying no later than noon the day before an exam. You either know it or you don't, at that point. I ALWAYS felt like I didn't know it (with the exception of Evidence - which ended up being my lowest grade in law school).

For better or worse, it's too late to either make or break anything. Take from that what you will. Most of the people I knew in LS who were on TLS did disproportionately well. It is what it is. 80% of law school is entirely up to luck anyway. No use stressing.

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Eugenie Danglars
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Re: 1L Exam Prep and Motivation Thread

Postby Eugenie Danglars » Thu Dec 08, 2011 12:29 am

ToTransferOrNot wrote:
Eugenie Danglars wrote:
ToTransferOrNot wrote:
TBF I really was just being an evil sob.


Aren't you drunk, too?


Eh, coming down at this point.

Honestly, your first-semester exams are important. I would take issue with the statement that 1L gigs don't care about your grades (many don't, some do, things may have changed since 2008, but I can't imagine that they have become completely irrelevant).

That said, at this point in the game, stressing and the like can do nothing but hurt you. When I say that my night-before-the-exam ritual was a bottle of wine and a pint of ice cream, I'm really not kidding. I always stopped studying no later than noon the day before an exam. You either know it or you don't, at that point. I ALWAYS felt like I didn't know it (with the exception of Evidence - which ended up being my lowest grade in law school).

For better or worse, it's too late to either make or break anything. Take from that what you will. Most of the people I knew in LS who were on TLS did disproportionately well. It is what it is. 80% of law school is entirely up to luck anyway. No use stressing.


Elucidate, please?




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