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Re: 1L Exam Prep and Motivation Thread

Posted: Fri Dec 09, 2011 10:25 pm
by LeDique
Hannibal wrote: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.
I asked this in my Civ Pro review session even though there was like a 1% chance it'd be on the final. My professor told me that: You would use rules interpleader when all of the claimants are from the same state. Otherwise, you use the statutory interpleader.

Re: 1L Exam Prep and Motivation Thread

Posted: Fri Dec 09, 2011 10:37 pm
by ph14
Wtf people are done? Haven't even started yet. It's going to be an intense week next week.

Re: 1L Exam Prep and Motivation Thread

Posted: Fri Dec 09, 2011 10:40 pm
by Bildungsroman
ph14 wrote:Wtf people are done?
Seriously. I thought we finished early, and we're not done until Monday.

Re: 1L Exam Prep and Motivation Thread

Posted: Fri Dec 09, 2011 10:50 pm
by AlexanderSupertramp
Bildungsroman wrote:
ph14 wrote:Wtf people are done?
Seriously. I thought we finished early, and we're not done until Monday.
My last one is tomorrow.

Re: 1L Exam Prep and Motivation Thread

Posted: Fri Dec 09, 2011 11:14 pm
by thegrayman
LeDique wrote:
Hannibal wrote: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.
I asked this in my Civ Pro review session even though there was like a 1% chance it'd be on the final. My professor told me that: You would use rules interpleader when all of the claimants are from the same state. Otherwise, you use the statutory interpleader.
Did your professor elaborate any more than that? I don't think I understand the reasoning

Re: 1L Exam Prep and Motivation Thread

Posted: Fri Dec 09, 2011 11:19 pm
by piccolittle
AlexanderSupertramp wrote:
Bildungsroman wrote:
ph14 wrote:Wtf people are done?
Seriously. I thought we finished early, and we're not done until Monday.
My last one is tomorrow.
Lucky! I had my first one today and they end on Dec 20. :/

Re: 1L Exam Prep and Motivation Thread

Posted: Fri Dec 09, 2011 11:36 pm
by Hannibal
rocon7383 wrote:anybody re-considering career paths yet?

More specifically, does anyone else want to drop out and become a scuba instructor in Maui? Or is that just me?
I feel like if anything, this has confirmed my career choice. It's mentally challenging and I like the people. I'm not amazing at the material or anything, but I'm good enough to not feel useless.

Re: 1L Exam Prep and Motivation Thread

Posted: Fri Dec 09, 2011 11:41 pm
by ph14
Hannibal wrote:
rocon7383 wrote:anybody re-considering career paths yet?

More specifically, does anyone else want to drop out and become a scuba instructor in Maui? Or is that just me?
I feel like if anything, this has confirmed my career choice. It's mentally challenging and I like the people. I'm not amazing at the material or anything, but I'm good enough to not feel useless.
+1. I don't like the curve, but I think I will enjoy being a lawyer in some capacity.

Re: 1L Exam Prep and Motivation Thread

Posted: Fri Dec 09, 2011 11:47 pm
by dabomb75
the impending feeling of doom is creeping in...

haven't even started finals yet

Re: 1L Exam Prep and Motivation Thread

Posted: Fri Dec 09, 2011 11:50 pm
by Dany
Hannibal wrote:
rocon7383 wrote:anybody re-considering career paths yet?

More specifically, does anyone else want to drop out and become a scuba instructor in Maui? Or is that just me?
I feel like if anything, this has confirmed my career choice. It's mentally challenging and I like the people. I'm not amazing at the material or anything, but I'm good enough to not feel useless.
lol I'm so the opposite.

Re: 1L Exam Prep and Motivation Thread

Posted: Fri Dec 09, 2011 11:54 pm
by johansantana21
Hannibal wrote:
rocon7383 wrote:anybody re-considering career paths yet?

More specifically, does anyone else want to drop out and become a scuba instructor in Maui? Or is that just me?
I feel like if anything, this has confirmed my career choice. It's mentally challenging and I like the people. I'm not amazing at the material or anything, but I'm good enough to not feel useless.
Mentally challenging = sudoku.

CivPro = shitshow!

But in all seriousness, I know what you mean. It's not my hate for the field that will lead to me dropping out, but my lack of career opportunities.

Re: 1L Exam Prep and Motivation Thread

Posted: Fri Dec 09, 2011 11:58 pm
by johansantana21
Does Erie apply in federal question cases?

Re: 1L Exam Prep and Motivation Thread

Posted: Sat Dec 10, 2011 12:00 am
by rocon7383
johansantana21 wrote:Does Erie apply in federal question cases?
the whole point is that it's a federal court sitting in diversity, isn't it? There would be no need to apply state law in a federal question case.

Re: 1L Exam Prep and Motivation Thread

Posted: Sat Dec 10, 2011 12:11 am
by booboo
Tricky question.

Erie applies under cases where their exists claims based on some sort of state law.

With that in mind, Erie can apply to cases with jurisdiction through 1331 and 1332. 1331 would have to have claims added through supplemental jurisdiction for their to exist an Erie question.

Re: 1L Exam Prep and Motivation Thread

Posted: Sat Dec 10, 2011 12:12 am
by LeDique
thegrayman wrote:
LeDique wrote:
Hannibal wrote: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.
I asked this in my Civ Pro review session even though there was like a 1% chance it'd be on the final. My professor told me that: You would use rules interpleader when all of the claimants are from the same state. Otherwise, you use the statutory interpleader.
Did your professor elaborate any more than that? I don't think I understand the reasoning
Sorry, that's all he said, or at least all I wrote down.

Re: 1L Exam Prep and Motivation Thread

Posted: Sat Dec 10, 2011 12:13 am
by LeDique
rocon7383 wrote:
johansantana21 wrote:Does Erie apply in federal question cases?
the whole point is that it's a federal court sitting in diversity, isn't it? There would be no need to apply state law in a federal question case.
What about a case like Grable & Sons?

My Civ Pro final was today. Can't believe I'm curious about this.

Re: 1L Exam Prep and Motivation Thread

Posted: Sat Dec 10, 2011 12:21 am
by sundance95
rocon7383 wrote:
johansantana21 wrote:Does Erie apply in federal question cases?
the whole point is that it's a federal court sitting in diversity, isn't it? There would be no need to apply state law in a federal question case.
What about a state law claim that presents an essential federal question?

Re: 1L Exam Prep and Motivation Thread

Posted: Sat Dec 10, 2011 12:37 am
by Hannibal
sundance95 wrote:
rocon7383 wrote:
johansantana21 wrote:Does Erie apply in federal question cases?
the whole point is that it's a federal court sitting in diversity, isn't it? There would be no need to apply state law in a federal question case.
What about a state law claim that presents an essential federal question?
Doesn't matter. Dat well-pleaded complaint rule.

Re: 1L Exam Prep and Motivation Thread

Posted: Sat Dec 10, 2011 12:44 am
by LeDique
Hannibal wrote:
sundance95 wrote:
rocon7383 wrote:
johansantana21 wrote:Does Erie apply in federal question cases?
the whole point is that it's a federal court sitting in diversity, isn't it? There would be no need to apply state law in a federal question case.
What about a state law claim that presents an essential federal question?
Doesn't matter. Dat well-pleaded complaint rule.
Yes it does. See: Grable & Sons.

Re: 1L Exam Prep and Motivation Thread

Posted: Sat Dec 10, 2011 12:44 am
by ph14
LeDique wrote:
Hannibal wrote:
sundance95 wrote:
rocon7383 wrote:
the whole point is that it's a federal court sitting in diversity, isn't it? There would be no need to apply state law in a federal question case.
What about a state law claim that presents an essential federal question?
Doesn't matter. Dat well-pleaded complaint rule.
Yes it does. See: Grable & Sons.
This. 3 part test will determine it.

Re: 1L Exam Prep and Motivation Thread

Posted: Sat Dec 10, 2011 12:45 am
by Hannibal
Wow, my CivPro class did not cover that.

ETA: Why am I still talking about Civpro?

Re: 1L Exam Prep and Motivation Thread

Posted: Sat Dec 10, 2011 12:53 am
by piccolittle
You guys are freaking me out. I have to teach myself Civ Pro in 6 days. Have no idea what any of the above means lol

Re: 1L Exam Prep and Motivation Thread

Posted: Sat Dec 10, 2011 12:56 am
by ilovesf
piccolittle wrote:You guys are freaking me out. I have to teach myself Civ Pro in 6 days. Have no idea what any of the above means lol
6 days is plenty of time

Re: 1L Exam Prep and Motivation Thread

Posted: Sat Dec 10, 2011 1:01 am
by ph14
ilovesf wrote:
piccolittle wrote:You guys are freaking me out. I have to teach myself Civ Pro in 6 days. Have no idea what any of the above means lol
6 days is plenty of time
+1. SF how many finals do you have left?

Re: 1L Exam Prep and Motivation Thread

Posted: Sat Dec 10, 2011 1:04 am
by ilovesf
ph14 wrote:
ilovesf wrote:
piccolittle wrote:You guys are freaking me out. I have to teach myself Civ Pro in 6 days. Have no idea what any of the above means lol
6 days is plenty of time
+1. SF how many finals do you have left?
Torts on Tuesday! :) I swear, the last is the hardest to study for, I have absolutely zero motivation. I'd rather look at fake pic whoring on tls than study right now.. it's sad.