1L Exam Prep and Motivation Thread

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Re: 1L Exam Prep and Motivation Thread

Postby 23402385985 » Thu Dec 08, 2011 10:45 pm

johansantana21 wrote:We had a 950 world limit.

I didn't use headings because would be waste of words.


Pose your issue as a heading.

Kills two birds with one stone. Makes it easier for your professor to grade (therefor making him happier) and gets your issue up top right away.

sknight323
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Re: 1L Exam Prep and Motivation Thread

Postby sknight323 » Thu Dec 08, 2011 10:52 pm

Got a Torts question...

For strict products liability

Both the 2d and 3d restatements basically say that any seller engaged in selling the product, whether they made it or not, is strictly liablle is there is a manufacturing, design defect, or duty to warn.

How does that square away with McCabe v. Liggett Drug co? The coffee pot case. The guy sues but its on breach of implied warranty? Or was there just not the restatements at that point?

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Gamecock227
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Re: 1L Exam Prep and Motivation Thread

Postby Gamecock227 » Thu Dec 08, 2011 10:52 pm

So in my torts class the teacher gives you points for mentioning things that others don't.

Someone in my class talked about how being stuck in traffic was False Imprisonment; I did not talk about this because it is dumb as shit to think that is a worthwhile use of time.

Would anyone else be pissed if this guy did better than them?

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johansantana21
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Re: 1L Exam Prep and Motivation Thread

Postby johansantana21 » Thu Dec 08, 2011 10:53 pm

joncrooshal wrote:
johansantana21 wrote:We had a 950 world limit.

I didn't use headings because would be waste of words.


Pose your issue as a heading.

Kills two birds with one stone. Makes it easier for your professor to grade (therefor making him happier) and gets your issue up top right away.


Well it was 2 questions, one 600 words, the other 300.

I really doubt that the professor could get lost. There's just so little space to write.

If he gets angry at the organization of a 300 word essay idk what to say.

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Gamecock227
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Re: 1L Exam Prep and Motivation Thread

Postby Gamecock227 » Thu Dec 08, 2011 10:54 pm

Gamecock227 wrote:So in my torts class the teacher gives you points for mentioning things that others don't.

Someone in my class talked about how being stuck in traffic was False Imprisonment; I did not talk about this because it is dumb as shit to think that is a worthwhile use of time.

Would anyone else be pissed if this guy did better than them?


Also in the second hypo someone shot a man dressed in a deer suit, he put that was conversion of chattels because the bullet went through the deer suit and ruined it (another thing that seemed 10000 percent pointless)

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Thu Dec 08, 2011 10:55 pm

Gamecock227 wrote:
Gamecock227 wrote:So in my torts class the teacher gives you points for mentioning things that others don't.

Someone in my class talked about how being stuck in traffic was False Imprisonment; I did not talk about this because it is dumb as shit to think that is a worthwhile use of time.

Would anyone else be pissed if this guy did better than them?


Also in the second hypo someone shot a man dressed in a deer suit, he put that was conversion of chattels because the bullet went through the deer suit and ruined it (another thing that seemed 10000 percent pointless)

I feel like that is stupid and a waste of time. I would be happy if I were you; he probably spent too much time talking about shitty non-issues and not enough time on the real ones.

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TheFutureLawyer
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Re: 1L Exam Prep and Motivation Thread

Postby TheFutureLawyer » Thu Dec 08, 2011 10:57 pm

rawrab wrote:For my exams I've adoped the strategy of writing it like:

A vs. B

Offer - paragraph about offer

Acceptance - paragraph about acceptance

I did this on my K's exam because I've read in various places that headings can be helpful to the professor and it just makes sense to me. Now I'm starting to really doubt myself because I don't think anyone else at my school really does it this way. I didn't ask the professor beforehand if this would be acceptable but I probably should have. Did I screw myself?


That's exactly how my Ks prof did it in the model answers to the practice answers he gave us, and it's also the way our torts prof also said to do it.

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Sapientia
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Re: 1L Exam Prep and Motivation Thread

Postby Sapientia » Thu Dec 08, 2011 10:58 pm

ah, pretty sure I just got fucked on my crim law exam. all I can hope is that everyone else feels as shitty as I do right now

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$peppercorn
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Re: 1L Exam Prep and Motivation Thread

Postby $peppercorn » Thu Dec 08, 2011 11:02 pm

Gamecock227 wrote:
Gamecock227 wrote:So in my torts class the teacher gives you points for mentioning things that others don't.

Someone in my class talked about how being stuck in traffic was False Imprisonment; I did not talk about this because it is dumb as shit to think that is a worthwhile use of time.

Would anyone else be pissed if this guy did better than them?


Also in the second hypo someone shot a man dressed in a deer suit, he put that was conversion of chattels because the bullet went through the deer suit and ruined it (another thing that seemed 10000 percent pointless)


I don't know about the false imprisonment. But a teacher at my school expected people to address false imprisonment when a mattress factory blew up and one landed on a person pinning him down for a second or two. The conversion seems alright. A fine line, but I think the argument is worth using a sentence or two on.

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Thu Dec 08, 2011 11:04 pm

$peppercorn wrote:
Gamecock227 wrote:
Gamecock227 wrote:So in my torts class the teacher gives you points for mentioning things that others don't.

Someone in my class talked about how being stuck in traffic was False Imprisonment; I did not talk about this because it is dumb as shit to think that is a worthwhile use of time.

Would anyone else be pissed if this guy did better than them?


Also in the second hypo someone shot a man dressed in a deer suit, he put that was conversion of chattels because the bullet went through the deer suit and ruined it (another thing that seemed 10000 percent pointless)


I don't know about the false imprisonment. But a teacher at my school expected people to address false imprisonment when a mattress factory blew up and one landed on a person pinning him down for a second or two. The conversion seems alright. A fine line, but I think the argument is worth using a sentence or two on.

:shock: We didn't even talk about false imprisonment or conversion (we talked about that in property) so I don't have to worry about it, but that seems a bit like a stretch to me.. I guess because I didn't cover it.

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Gamecock227
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Re: 1L Exam Prep and Motivation Thread

Postby Gamecock227 » Thu Dec 08, 2011 11:07 pm

$peppercorn wrote:
Gamecock227 wrote:
Gamecock227 wrote:So in my torts class the teacher gives you points for mentioning things that others don't.

Someone in my class talked about how being stuck in traffic was False Imprisonment; I did not talk about this because it is dumb as shit to think that is a worthwhile use of time.

Would anyone else be pissed if this guy did better than them?


Also in the second hypo someone shot a man dressed in a deer suit, he put that was conversion of chattels because the bullet went through the deer suit and ruined it (another thing that seemed 10000 percent pointless)


I don't know about the false imprisonment. But a teacher at my school expected people to address false imprisonment when a mattress factory blew up and one landed on a person pinning him down for a second or two. The conversion seems alright. A fine line, but I think the argument is worth using a sentence or two on.


I think being pinned down a mattress is a little more FI'ish then being stuck in traffic lol... I'd just start driving around at 5pm and start suing cities and people with cars daily

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AlexanderSupertramp
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Re: 1L Exam Prep and Motivation Thread

Postby AlexanderSupertramp » Thu Dec 08, 2011 11:14 pm

I don't for the life of me see how being stuck in traffic is false imprisonment.

A defendant is subject to liability to another for false imprisonment if:
(a) he acts intending to confine the other or a third person within boundaries fixed by the actor, and
-how does one's actions purposefully cause the other to be confined? -how are the boundries fixed by the defendant?
(b) his act directly or indirectly results in such a confinement of the other with no reasonable means of escape, and
-surely you could just get off at the nearest exit or something?
(c) the other is conscious of the confinement or is harmed by it.

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Extension_Cord
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Re: 1L Exam Prep and Motivation Thread

Postby Extension_Cord » Thu Dec 08, 2011 11:15 pm

Gamecock227 wrote:So in my torts class the teacher gives you points for mentioning things that others don't.

Someone in my class talked about how being stuck in traffic was False Imprisonment; I did not talk about this because it is dumb as shit to think that is a worthwhile use of time.

Would anyone else be pissed if this guy did better than them?


I DEFINITELY would have brought it up, but then explained why it WASN'T false imprisonment. If it was an issue spotter and you don't mention things like that you won't get an A.

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Gamecock227
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Re: 1L Exam Prep and Motivation Thread

Postby Gamecock227 » Thu Dec 08, 2011 11:17 pm

AlexanderSupertramp wrote:I don't for the life of me see how being stuck in traffic is false imprisonment.

A defendant is subject to liability to another for false imprisonment if:
(a) he acts intending to confine the other or a third person within boundaries fixed by the actor, and
-how does one's actions purposefully cause the other to be confined? -how are the boundries fixed by the defendant?
(b) his act directly or indirectly results in such a confinement of the other with no reasonable means of escape, and
-surely you could just get off at the nearest exit or something?
(c) the other is conscious of the confinement or is harmed by it.


Thank you, I think this guy should lose points for being an ass lol.

I will rant again in January if I get a really shitty grade, I don't expect to Cali this exam but I would like to get credit for giving a legitimate response that at least I think was thorough in covering real offenses

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Extension_Cord
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Re: 1L Exam Prep and Motivation Thread

Postby Extension_Cord » Thu Dec 08, 2011 11:18 pm

Gamecock227 wrote:
Gamecock227 wrote:So in my torts class the teacher gives you points for mentioning things that others don't.

Someone in my class talked about how being stuck in traffic was False Imprisonment; I did not talk about this because it is dumb as shit to think that is a worthwhile use of time.

Would anyone else be pissed if this guy did better than them?


Also in the second hypo someone shot a man dressed in a deer suit, he put that was conversion of chattels because the bullet went through the deer suit and ruined it (another thing that seemed 10000 percent pointless)


Trespass to Chattels would have been better IMO, but conversion is not far fetched to mention. Its not about spotting the issues that will succeed, but spotting and explaining why potential torts won't.

Sounds like this guy has gone through LEEWS.

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johansantana21
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Re: 1L Exam Prep and Motivation Thread

Postby johansantana21 » Thu Dec 08, 2011 11:18 pm

Duno, losing points for bringing up tangential issues sounds like a dumb grading policy.

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Re: 1L Exam Prep and Motivation Thread

Postby Extension_Cord » Thu Dec 08, 2011 11:24 pm

You guys are missing the whole point of law school exams. You have to think both sides and argue both sides. You have to spot those crazy issues, thats what sets the median away from the guys that book the class. You have to spot the issues that wont succeed and explain why to set yourself apart. Those obscure issues are what gets you an A, not the obvious negligence issue.

Trust me, everyone in your class spotted the big obvious negligence issue (its on every torts final, if you miss that you fail). I bet they all had great analysis of it aswell. Professors dont put in ridiculous facts for you to just spot the easy issues. They do it for the curve, and I bet that guy rocked that test.
Last edited by Extension_Cord on Thu Dec 08, 2011 11:27 pm, edited 1 time in total.

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Re: 1L Exam Prep and Motivation Thread

Postby Gamecock227 » Thu Dec 08, 2011 11:26 pm

I guess it is teacher by teacher, and our teacher got very upset when people brought up tangential dumb comments in class that made no sense.

Spot issues that don't exist seems silly, this is not an assault because it was not a threat of an immediate battery.

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Re: 1L Exam Prep and Motivation Thread

Postby Extension_Cord » Thu Dec 08, 2011 11:29 pm

Gamecock227 wrote:I guess it is teacher by teacher, and our teacher got very upset when people brought up tangential dumb comments in class that made no sense.

Spot issues that don't exist seems silly, this is not an assault because it was not a threat of an immediate battery.


Thats by no means a dumb comment. It is a valid issue, it likely wouldn't succeed, but its an issue. Thats what the conclusion of IRAC is for, to state it wont likely succeed. With a good analysis, your crusing to an A with those issues.

Thats "thinking like a lawyer."
Last edited by Extension_Cord on Thu Dec 08, 2011 11:30 pm, edited 1 time in total.

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Gamecock227
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Re: 1L Exam Prep and Motivation Thread

Postby Gamecock227 » Thu Dec 08, 2011 11:29 pm

Extension_Cord wrote:You guys are missing the whole point of law school exams. You have to think both sides and argue both sides. You have to spot those crazy issues, thats what sets the median away from the guys that book the class. You have to spot the issues that wont succeed and explain why to set yourself apart. Those obscure issues are what gets you an A, not the obvious negligence issue.

Trust me, everyone in your class spotted the big obvious negligence issue (its on every torts final, if you miss that you fail). I bet they all had great analysis of it aswell. Professors dont put in ridiculous facts for you to just spot the easy issues. They do it for the curve, and I bet that guy rocked that test.


To this comment, 15 people in the class were confused about what the difference between proximate cause and cause in fact were the day before the exam and the professor laughed at them when they asked in our review session..... lol This is not a top 6 school this is a top 80 school.

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Extension_Cord
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Re: 1L Exam Prep and Motivation Thread

Postby Extension_Cord » Thu Dec 08, 2011 11:30 pm

Gamecock227 wrote:
Extension_Cord wrote:You guys are missing the whole point of law school exams. You have to think both sides and argue both sides. You have to spot those crazy issues, thats what sets the median away from the guys that book the class. You have to spot the issues that wont succeed and explain why to set yourself apart. Those obscure issues are what gets you an A, not the obvious negligence issue.

Trust me, everyone in your class spotted the big obvious negligence issue (its on every torts final, if you miss that you fail). I bet they all had great analysis of it aswell. Professors dont put in ridiculous facts for you to just spot the easy issues. They do it for the curve, and I bet that guy rocked that test.


To this comment, 15 people in the class were confused about what the difference between proximate cause and cause in fact were the day before the exam and the professor laughed at them when they asked in our review session..... lol This is not a top 6 school this is a top 80 school.


WOW. I wish my competition was like that. Just wow.

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Gamecock227
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Re: 1L Exam Prep and Motivation Thread

Postby Gamecock227 » Thu Dec 08, 2011 11:34 pm

Extension_Cord wrote:
Gamecock227 wrote:
Extension_Cord wrote:You guys are missing the whole point of law school exams. You have to think both sides and argue both sides. You have to spot those crazy issues, thats what sets the median away from the guys that book the class. You have to spot the issues that wont succeed and explain why to set yourself apart. Those obscure issues are what gets you an A, not the obvious negligence issue.

Trust me, everyone in your class spotted the big obvious negligence issue (its on every torts final, if you miss that you fail). I bet they all had great analysis of it aswell. Professors dont put in ridiculous facts for you to just spot the easy issues. They do it for the curve, and I bet that guy rocked that test.


To this comment, 15 people in the class were confused about what the difference between proximate cause and cause in fact were the day before the exam and the professor laughed at them when they asked in our review session..... lol This is not a top 6 school this is a top 80 school.


WOW. I wish my competition was like that. Just wow.


I mean we obviously have bright students here, but when I heard these comments I went from 6 to noon yet got extremely embarrassed that this question came up...

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Extension_Cord
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Re: 1L Exam Prep and Motivation Thread

Postby Extension_Cord » Thu Dec 08, 2011 11:37 pm

Gamecock227 wrote:
Extension_Cord wrote:
Gamecock227 wrote:
Extension_Cord wrote:You guys are missing the whole point of law school exams. You have to think both sides and argue both sides. You have to spot those crazy issues, thats what sets the median away from the guys that book the class. You have to spot the issues that wont succeed and explain why to set yourself apart. Those obscure issues are what gets you an A, not the obvious negligence issue.

Trust me, everyone in your class spotted the big obvious negligence issue (its on every torts final, if you miss that you fail). I bet they all had great analysis of it aswell. Professors dont put in ridiculous facts for you to just spot the easy issues. They do it for the curve, and I bet that guy rocked that test.


To this comment, 15 people in the class were confused about what the difference between proximate cause and cause in fact were the day before the exam and the professor laughed at them when they asked in our review session..... lol This is not a top 6 school this is a top 80 school.


WOW. I wish my competition was like that. Just wow.


I mean we obviously have bright students here, but when I heard these comments I went from 6 to noon yet got extremely embarrassed that this question came up...


Thats really bad, and not to cast doubt, but hard to imagine how any 1L can not know the difference. I mean you dont even have to read to know the difference, just be in class the day Palsgraf is discussed. I still think that guy probably did really well on the exam if he analyzed those issues. You probably did well yourself.

Torts is very simple compared to the other classes.

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johansantana21
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Re: 1L Exam Prep and Motivation Thread

Postby johansantana21 » Thu Dec 08, 2011 11:45 pm

Fuck you guys I'm at a T14 and I bet I don't know the difference between procedural vs substantive law for Civpro.

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Gamecock227
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Re: 1L Exam Prep and Motivation Thread

Postby Gamecock227 » Thu Dec 08, 2011 11:47 pm

Palsgraf is the greatest torts case ever, I read it for fun just to laugh and picture all the tort dominos falling in a row, until the lady gets smashed in the head.

I guess no would be a good time for me to listen to everyone's favorite case they read this Semester:
Mine involved a guy who was extremely drunk, parked his car ON TOP of a fire hydrant. Then he was woke up at 6am by the cops, during the interrogation he pooped and pee'd in his pants and punched a cop.

He was not charged for Battery of a Peace officer because he was too drunk to realize who he punched.




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