1L Exam Prep and Motivation Thread

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ahduth
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Re: 1L Exam Prep and Motivation Thread

Postby ahduth » Sat Dec 10, 2011 4:18 pm

Hannibal wrote:
ahduth wrote:
sundance95 wrote:
Hannibal wrote:There was actually no rule you could take away from Shady Grove in that way. Four votes said you only have to look at the federal rule in the test, while the concurrence said you have to look at whether the state rule of procedure is bound up with substantive rights.

Hmm. I was reading II-A which I thought is the majority opinion? I'll have to think about this some more, but it seems to me that if II-A has five votes then Rule 23 could not be abridged by any state law.


Ya, II-A has five votes, and is riddled with FRCP-supremacy language:

Rule 23 unambiguously authorizes any plaintiff, in any federal civil proceeding, to maintain a class action if the Rule's prerequisites are met. We cannot contort its text, even to avert a collision with state law that might render it invalid.


at 130 S.Ct. 1431, 1442 (their emphasis).


I don't read that as supremacy language, I read that as language emphasizing the difference between FRCP 23 and the state law.


Isn't that the dissent position though?

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LeDique
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Re: 1L Exam Prep and Motivation Thread

Postby LeDique » Sat Dec 10, 2011 4:26 pm

Okay, I have a question about applying the Wade factors for the risk/utility test. Which way does the availability of other products tip? If other products without the defect are available, does that show a lower utility because the plaintiff could have picked the other products? Or does it show a lower risk because the plaintiff accepted the risk by picking that product?

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Hannibal
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Re: 1L Exam Prep and Motivation Thread

Postby Hannibal » Sat Dec 10, 2011 4:42 pm

ahduth wrote:Isn't that the dissent position though?


No, as in emphasizing how they conflict, not that they're different in what they govern.

If you read the majority as saying FRCP 23 always trumps a conflicting state law, then the concurring opinion is meaningless.

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booboo
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Re: 1L Exam Prep and Motivation Thread

Postby booboo » Sat Dec 10, 2011 5:01 pm

I go to the same school as ahduth but with a different Civ Pro professor, and he also explained that the stance Scalia takes in Shady Grove is one of vehement protection of the FRCP.

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Hannibal
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Re: 1L Exam Prep and Motivation Thread

Postby Hannibal » Sat Dec 10, 2011 5:13 pm

booboo wrote:I go to the same school as ahduth but with a different Civ Pro professor, and he also explained that the stance Scalia takes in Shady Grove is one of vehement protection of the FRCP.


Yes, but the part of that opinion which says you need not look at state law is in a section with only 4 votes.

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johansantana21
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Re: 1L Exam Prep and Motivation Thread

Postby johansantana21 » Sat Dec 10, 2011 5:38 pm

Can I drop out and not pay for 2nd semester tuition?

Just bombed an easy 50% of exam.

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dabomb75
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Re: 1L Exam Prep and Motivation Thread

Postby dabomb75 » Sat Dec 10, 2011 5:41 pm

Hannibal wrote:
booboo wrote:I go to the same school as ahduth but with a different Civ Pro professor, and he also explained that the stance Scalia takes in Shady Grove is one of vehement protection of the FRCP.


Yes, but the part of that opinion which says you need not look at state law is in a section with only 4 votes.


yea but doesn't Thomas's concurrence side with the dissent's reasoning that you have to look beyond just a literal reading behind the rule, and have to look to the intent of the rule

Our prof described it as kind of a 5 v. 5 ruling

r6_philly
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Re: 1L Exam Prep and Motivation Thread

Postby r6_philly » Sat Dec 10, 2011 5:46 pm

booboo wrote:I go to the same school as ahduth but with a different Civ Pro professor, and he also explained that the stance Scalia takes in Shady Grove is one of vehement protection of the FRCP.


My professor named Shady Grove "Scalia's revenge"

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TheFutureLawyer
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Re: 1L Exam Prep and Motivation Thread

Postby TheFutureLawyer » Sat Dec 10, 2011 5:48 pm

johansantana21 wrote:Can I drop out and not pay for 2nd semester tuition?

Just bombed an easy 50% of exam.


Mind if I ask how?

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johansantana21
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Re: 1L Exam Prep and Motivation Thread

Postby johansantana21 » Sat Dec 10, 2011 5:51 pm

TheFutureLawyer wrote:
johansantana21 wrote:Can I drop out and not pay for 2nd semester tuition?

Just bombed an easy 50% of exam.


Mind if I ask how?


All my legal conclusions were wrong and analysis wasn't there.

I spotted the issues but I was so confused on what to actually do.

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FeelTheHeat
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Re: 1L Exam Prep and Motivation Thread

Postby FeelTheHeat » Sat Dec 10, 2011 5:52 pm

I am facing a c in legal writing...fuck me....

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pinkcamellia
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Re: 1L Exam Prep and Motivation Thread

Postby pinkcamellia » Sat Dec 10, 2011 5:53 pm

FeelTheHeat wrote:I am facing a c in legal writing...fuck me....


Over a few missed citations? I don't think so

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FeelTheHeat
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Re: 1L Exam Prep and Motivation Thread

Postby FeelTheHeat » Sat Dec 10, 2011 5:53 pm

pinkcamellia wrote:
FeelTheHeat wrote:I am facing a c in legal writing...fuck me....


Over a few missed citations? I don't think so


Fucked up something minor with the final research project too lol...this is getting ugly

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pinkcamellia
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Re: 1L Exam Prep and Motivation Thread

Postby pinkcamellia » Sat Dec 10, 2011 5:55 pm

FeelTheHeat wrote:
pinkcamellia wrote:
FeelTheHeat wrote:I am facing a c in legal writing...fuck me....


Over a few missed citations? I don't think so


Fucked up something minor with the final research project too lol...this is getting ugly


I think you'll be just fine.

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sundance95
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Re: 1L Exam Prep and Motivation Thread

Postby sundance95 » Sat Dec 10, 2011 6:00 pm

Hannibal wrote:
ahduth wrote:Isn't that the dissent position though?


No, as in emphasizing how they conflict, not that they're different in what they govern.

If you read the majority as saying FRCP 23 always trumps a conflicting state law, then the concurring opinion is meaningless.

Okay, but the majority opinion states that Rule 23 cannot be interpreted any way other than absolutely permitting class actions in federal courts, when the Rule's requirements are met. The majority opinion doesn't go on to state that Rule 23 doesn't violate the REA and Sibbach tests, but unless you are willing to argue that Rule 23 is beyond the rulemakers' (i.e., the Supreme Court's) powers under the REA and Constitution, doesn't that mean that you'd have to apply the rule?.

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Hannibal
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Re: 1L Exam Prep and Motivation Thread

Postby Hannibal » Sat Dec 10, 2011 6:06 pm

sundance95 wrote:
Hannibal wrote:
ahduth wrote:Isn't that the dissent position though?


No, as in emphasizing how they conflict, not that they're different in what they govern.

If you read the majority as saying FRCP 23 always trumps a conflicting state law, then the concurring opinion is meaningless.

Okay, but the majority opinion states that Rule 23 cannot be interpreted any way other than absolutely permitting class actions in federal courts, when the Rule's requirements are met. The majority opinion doesn't go on to state that Rule 23 doesn't violate the REA and Sibbach tests, but unless you are willing to argue that Rule 23 is beyond the rulemakers' (i.e., the Supreme Court's) powers under the REA and Constitution, doesn't that mean that you'd have to apply the rule?.


The 5th vote says that you have to do an inquiry into the state law the rule is displacing on a case-by-case basis to see whether that law is bound up with substantive rights. The first four votes say you only need to look at the federal side.

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TheFutureLawyer
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Re: 1L Exam Prep and Motivation Thread

Postby TheFutureLawyer » Sat Dec 10, 2011 6:12 pm

johansantana21 wrote:
TheFutureLawyer wrote:
johansantana21 wrote:Can I drop out and not pay for 2nd semester tuition?

Just bombed an easy 50% of exam.


Mind if I ask how?


All my legal conclusions were wrong and analysis wasn't there.

I spotted the issues but I was so confused on what to actually do.


That sounds a bit like me, except my conclusions were mostly right. I guess you could say I had an analysis, but it wasn't very well written (like, half-assedly stated the rule and then half-assedly stated that fact X met the rule). There were also parts where I stated the analysis (half-assedly) with the conclusion in one sentence just to try to get the point.

On Ks, I didn't mention a merchant's exception in a question where it obviously applied. My biggest mistake so far (other than generally sucking at taking these exams and preparing enough ahead of time).

FeelTheHeat wrote:I am facing a c in legal writing...fuck me....


Me too. I focused on the research part of the memo, but my professor really only cared about the writing. Writing wasn't that bad, but it was apparently about the 2nd worst in a class of 12. It's pretty dumb. I mean, if two parties turn in briefs to a judge to decide on as a matter of law, and A brings up points that B just doesn't even address, A is going to have a much better case despite B's having much better writing (and goddamn it, I really fucking want to know how much better my classmates' writing is than mine. Prof didn't even explain specifically why we would get the grade we got. Most frustrating class I've ever taken).

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johansantana21
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Re: 1L Exam Prep and Motivation Thread

Postby johansantana21 » Sat Dec 10, 2011 6:15 pm

I literally said...

X because X.

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TheFutureLawyer
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Re: 1L Exam Prep and Motivation Thread

Postby TheFutureLawyer » Sat Dec 10, 2011 6:18 pm

johansantana21 wrote:I literally said...

X because X.


Actually, I did that as well once or twice.

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rocon7383
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Re: 1L Exam Prep and Motivation Thread

Postby rocon7383 » Sat Dec 10, 2011 6:22 pm

form-fitting ear plugs. wierdest. thing. ever.

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Extension_Cord
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Re: 1L Exam Prep and Motivation Thread

Postby Extension_Cord » Sat Dec 10, 2011 6:24 pm

johansantana21 wrote:I literally said...

X because X.


Like "It was a firm offer because it was a firm offer." That kind of X because X?

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Extension_Cord
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Re: 1L Exam Prep and Motivation Thread

Postby Extension_Cord » Sat Dec 10, 2011 6:25 pm

If did well on spotting the issues you will probably get median even if your analysis sucked.

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johansantana21
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Re: 1L Exam Prep and Motivation Thread

Postby johansantana21 » Sat Dec 10, 2011 6:28 pm

Extension_Cord wrote:
johansantana21 wrote:I literally said...

X because X.


Like "It was a firm offer because it was a firm offer." That kind of X because X?


Yeah.

This was partly due to a 400 word limit.

I talked about some issues but other issues I had no room for.

I talked about maybe 3 issues. Other 2-3 major ones I literally wrote x cuz x.

acrossthelake
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Re: 1L Exam Prep and Motivation Thread

Postby acrossthelake » Sat Dec 10, 2011 6:31 pm

Exams start Monday. Feeling less nervous, more....tired.

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ph14
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Re: 1L Exam Prep and Motivation Thread

Postby ph14 » Sat Dec 10, 2011 6:34 pm

acrossthelake wrote:Exams start Monday. Feeling less nervous, more....tired.


Feeling nervous and tired.




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