1L Exam Prep and Motivation Thread

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acrossthelake
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Re: 1L Exam Prep and Motivation Thread

Postby acrossthelake » Fri Dec 09, 2011 4:28 pm

johansantana21 wrote:
acrossthelake wrote:
johansantana21 wrote:Is CivPro a 1 semester course for you guys? Or 2?

1 semester.


That's crazy. It's 2 semester here and I'm still having trouble.


Well we skimped on stuff like discovery. There's an advanced civ pro elective later.

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Fri Dec 09, 2011 4:33 pm

acrossthelake wrote:
johansantana21 wrote:
acrossthelake wrote:
johansantana21 wrote:Is CivPro a 1 semester course for you guys? Or 2?

1 semester.


That's crazy. It's 2 semester here and I'm still having trouble.


Well we skimped on stuff like discovery. There's an advanced civ pro elective later.

Civ Pro was 2 semesters here until two years ago; now it is just 1 semester. We spent A LOT of time on discovery, and spent little time on Erie, supplemental jurisdiction and venue.

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crossarmant
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Re: 1L Exam Prep and Motivation Thread

Postby crossarmant » Fri Dec 09, 2011 5:18 pm

ilovesf wrote:Civ Pro was 2 semesters here until two years ago; now it is just 1 semester. We spent A LOT of time on discovery, and spent little time on Erie, supplemental jurisdiction and venue.


Exact opposite for us. I feel like Erie, Supplemental Jurisdiction and Personal Jurisdiction is what we spent the entire semester on. Discovery and Trial were like mere afterthoughts.

spicymeatball111
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Re: 1L Exam Prep and Motivation Thread

Postby spicymeatball111 » Fri Dec 09, 2011 5:21 pm

i'm having alot of trouble with the difference between a negative easement and a real covenant.
I understand that real covenants are written contracts whereas a negative easement can either be just an agreement or implied. Is there a simple way to see the difference on an exam though?

RPK34
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Re: 1L Exam Prep and Motivation Thread

Postby RPK34 » Fri Dec 09, 2011 5:25 pm

spicymeatball111 wrote:i'm having alot of trouble with the difference between a negative easement and a real covenant.
I understand that real covenants are written contracts whereas a negative easement can either be just an agreement or implied. Is there a simple way to see the difference on an exam though?


Negative easements are limited to a few categories (lateral support, surface water, subjacent support, and sometimes light and air). Covenants can cover anything (what they can build on the land, their ability to alienate the land, etc). It's really a meaningless distinction which is why the 3rd restatement of property got rid of the difference between easements and covenants.

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Extension_Cord
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Re: 1L Exam Prep and Motivation Thread

Postby Extension_Cord » Fri Dec 09, 2011 5:37 pm

I totally went overboard on supplements for my civ pro class next semester.

CrunchTime - $25
E&E - $20
Glannon Guide - $20

I should probably stop there...

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Fri Dec 09, 2011 5:39 pm

Extension_Cord wrote:I totally went overboard on supplements for my civ pro class next semester.

CrunchTime - $25
E&E - $20
Glannon Guide - $20

I should probably stop there...

I don't know about glannon guide, but I found both crunchtime and the e&e to be incredibly helpful.

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johansantana21
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Re: 1L Exam Prep and Motivation Thread

Postby johansantana21 » Fri Dec 09, 2011 5:42 pm

E&E is turning out to be completely useless for me...

But I think it's because our professor's class is really weird...

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Fri Dec 09, 2011 5:58 pm

johansantana21 wrote:E&E is turning out to be completely useless for me...

But I think it's because our professor's class is really weird...

I don't want to sound rude - but are you sure you're using it correctly? I saw you post the other day that you didn't see personal jurisdiction in the e&e... it is definitely in there and takes up a large portion of it.

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acrossthelake
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Re: 1L Exam Prep and Motivation Thread

Postby acrossthelake » Fri Dec 09, 2011 5:59 pm

ilovesf wrote:
johansantana21 wrote:E&E is turning out to be completely useless for me...

But I think it's because our professor's class is really weird...

I don't want to sound rude - but are you sure you're using it correctly? I saw you post the other day that you didn't see personal jurisdiction in the e&e... it is definitely in there and takes up a large portion of it.


Yeah, this. You got basically joke responses to your thread because...PJ is a huge chunk of the E&E.

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alicrimson
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Re: 1L Exam Prep and Motivation Thread

Postby alicrimson » Fri Dec 09, 2011 6:36 pm

Torts exam in the books and in the words of Ricky Bobby's redheaded son (Texas Ranger?) "I got my [metaphorical] balls back!" I don't feel cocky. It was tricky; however, I don't want to break into tears and stab myself through the heart. Also, have acquired more info on my detested crim. It won't be as bad as I imagine. Half way through. Can't wait to join you finished folks. Taking an hour or two and then beginning some PR for Tuesday and serious contracts overhaul. I will be so happy to no longer be a first semester 1L. :D

Also, predictions as to silly tricky, confusing little jurisdiction rules prior to test was correct. For a closed note test, that was big because he said he specifically wanted that jurisdiction's interpretation. Hopefully, that will translate to a decent mark.
Last edited by alicrimson on Fri Dec 09, 2011 6:44 pm, edited 1 time in total.

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bostonlawchick
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Re: 1L Exam Prep and Motivation Thread

Postby bostonlawchick » Fri Dec 09, 2011 6:40 pm

johansantana21 wrote:Is CivPro a 1 semester course for you guys? Or 2?


Two. So unspeakably glad that I don't have that exam until May. Although our prof got a little passive aggressive over the last few classes because he could tell no one gave a damn anymore because we were more concerned about memo/first semester exams.

I'm really gonna have to spend winter break learning everything I was supposed to learn this semester.

thegrayman
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Re: 1L Exam Prep and Motivation Thread

Postby thegrayman » Fri Dec 09, 2011 6:50 pm

can someone explain to me what the significance of statutory vs rule interpleader is?

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johansantana21
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Re: 1L Exam Prep and Motivation Thread

Postby johansantana21 » Fri Dec 09, 2011 6:51 pm

thegrayman wrote:can someone explain to me what the significance of statutory vs rule interpleader is?


+1

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Eugenie Danglars
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Re: 1L Exam Prep and Motivation Thread

Postby Eugenie Danglars » Fri Dec 09, 2011 6:51 pm

Extension_Cord wrote:I totally went overboard on supplements for my civ pro class next semester.

CrunchTime - $25
E&E - $20
Glannon Guide - $20

I should probably stop there...


the E&E is pure gold. Be aware that there were some changes to the rules not reflected in the latest edition. It's just the timing rules.

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Fri Dec 09, 2011 6:57 pm

johansantana21 wrote:
thegrayman wrote:can someone explain to me what the significance of statutory vs rule interpleader is?


+1

• rule 22:
requires normal jurisdiction, all parties must be diverse (Ds must be diverse because they are against each other claiming for the same thing)
minimum requirement of $75,000
if D has already been sued, he can assert counter/cross claim

• 28 usc 1335
minimum requirement of 500$
must deposit asset with court
only needs minimal diversity - at least two claimants diverse from each other, some can be from same state

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orm518
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Re: 1L Exam Prep and Motivation Thread

Postby orm518 » Fri Dec 09, 2011 6:59 pm

johansantana21 wrote:That's crazy. It's 2 semesters here and I'm still having trouble.




Also 2 semesters, our midterm next week is Personal jdx, subject matter jdx plus supplemental, venue, removal, and Erie. Very little on rules (just FRCP 4) and no pleadings stuff.

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Hannibal
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Re: 1L Exam Prep and Motivation Thread

Postby Hannibal » Fri Dec 09, 2011 7:01 pm

So basically the only reason you'd do a rule interpleader in the federal courts is if you don't want to deposit the amount with the court?

ETA: I can't believe I'm curious about this when I already took my Civpro final.

thegrayman
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Re: 1L Exam Prep and Motivation Thread

Postby thegrayman » Fri Dec 09, 2011 7:03 pm

ilovesf wrote:
johansantana21 wrote:
thegrayman wrote:can someone explain to me what the significance of statutory vs rule interpleader is?


+1

• rule 22:
requires normal jurisdiction, all parties must be diverse (Ds must be diverse because they are against each other claiming for the same thing)
minimum requirement of $75,000
if D has already been sued, he can assert counter/cross claim

• 28 usc 1335
minimum requirement of 500$
must deposit asset with court
only needs minimal diversity - at least two claimants diverse from each other, some can be from same state


Thank you! So does that mean that the party is given a choice, like they can either implead under Rule 22 or under sec 1335?

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Fri Dec 09, 2011 7:04 pm

I actually have no idea why someone would use rule 22 over the statutory one. My professor just put them on the board next to each other with a diagram and the requirements and never said why you would use 22 over the other.

BlueDiamond
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Re: 1L Exam Prep and Motivation Thread

Postby BlueDiamond » Fri Dec 09, 2011 7:05 pm

Am I like the only person on here who is totally unmotivated already? The period between the last day of class and my first exam has been filled with Hulu breaks like 5 times a day

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Hannibal
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Re: 1L Exam Prep and Motivation Thread

Postby Hannibal » Fri Dec 09, 2011 7:06 pm

thegrayman wrote:
Thank you! So does that mean that the party is given a choice, like they can either implead under Rule 22 or under sec 1335?


On the defensive side, do you think a single defendant could remove a rule 22 interpleader given the nature of interpleading?

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Hannibal
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Re: 1L Exam Prep and Motivation Thread

Postby Hannibal » Fri Dec 09, 2011 7:07 pm

ilovesf wrote:I actually have no idea why someone would use rule 22 over the statutory one. My professor just put them on the board next to each other with a diagram and the requirements and never said why you would use 22 over the other.


I can imagine it if the amount in controversy is like $120k, but the plaintiff doesn't have $120k to deposit.

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Fri Dec 09, 2011 7:08 pm

BlueDiamond wrote:Am I like the only person on here who is totally unmotivated already? The period between the last day of class and my first exam has been filled with Hulu breaks like 5 times a day

Why do you think I am posting here when I should be studying?

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bostonlawchick
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Re: 1L Exam Prep and Motivation Thread

Postby bostonlawchick » Fri Dec 09, 2011 7:18 pm

ilovesf wrote:
BlueDiamond wrote:Am I like the only person on here who is totally unmotivated already? The period between the last day of class and my first exam has been filled with Hulu breaks like 5 times a day

Why do you think I am posting here when I should be studying?


+100000




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