1L Exam Prep and Motivation Thread

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LeDique
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Re: 1L Exam Prep and Motivation Thread

Postby LeDique » Sun Dec 11, 2011 1:50 pm

Michaela wrote:Any tips for how to write a closed-book civ pro essay? My prof fucking loves long-arm statutes and personal jurisdiction and I'm having a hard time trying to remember everything I'd need to include.


Flashcards.

I had nothing for my civ pro exam besides the rules book. So I just made flashcards for the holding of every pjx/smjx/erie case and went from there. Once I had those memorized I started memorizing some of the rules cases too, but still didn't worry as much about those because I had the rules book to jog my memory.

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Shammis
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Re: 1L Exam Prep and Motivation Thread

Postby Shammis » Sun Dec 11, 2011 1:52 pm

Property Tomorrow...killing me. Im feeling ok about RAP and Possessory Estates, but my prof likes to compound everything into a Clusterfu*%...so I have no idea what type of mess he has in store for us. 4.5 hour test - half multiple choice and half essay with no break. Im starting to feel like doing well in law school is just as much about luck as it is knowing the material. The past few weeks have been brutal, but I only have 5 more days to freedom. Good luck to everybody just starting finals, and to those in the middle of it, we're almost there...Vegas trip after finals is keeping me going...

acrossthelake
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Re: 1L Exam Prep and Motivation Thread

Postby acrossthelake » Sun Dec 11, 2011 1:53 pm

Michaela wrote:
acrossthelake wrote:
Michaela wrote:Any tips for how to write a closed-book civ pro essay? My prof fucking loves long-arm statutes and personal jurisdiction and I'm having a hard time trying to remember everything I'd need to improve.


I'm not sure there's much besides...memorizing it.


I figured as much, I just didn't know if there was some PJ question exam outline floating around out there somewhere that I haven't been able to find.


I mean what do you mean by "essay"? Is it policy or just issue-spotting analysis? If it's the latter, there's not that much to memorize re: PJ, and if there's long-arm, then he should be giving that to you on the exam to apply.

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Michaela
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Re: 1L Exam Prep and Motivation Thread

Postby Michaela » Sun Dec 11, 2011 1:59 pm

acrossthelake wrote:
Michaela wrote:
acrossthelake wrote:
Michaela wrote:Any tips for how to write a closed-book civ pro essay? My prof fucking loves long-arm statutes and personal jurisdiction and I'm having a hard time trying to remember everything I'd need to improve.


I'm not sure there's much besides...memorizing it.


I figured as much, I just didn't know if there was some PJ question exam outline floating around out there somewhere that I haven't been able to find.


I mean what do you mean by "essay"? Is it policy or just issue-spotting analysis? If it's the latter, there's not that much to memorize re: PJ, and if there's long-arm, then he should be giving that to you on the exam to apply.


Yeah it's the latter. Two page long fact pattern and then a two-part question. Should have specified that before. It's my last exam, my brain cannot.

acrossthelake
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Re: 1L Exam Prep and Motivation Thread

Postby acrossthelake » Sun Dec 11, 2011 2:06 pm

Michaela wrote:
Yeah it's the latter. Two page long fact pattern and then a two-part question. Should have specified that before. It's my last exam, my brain cannot.


Depending on what you were taught in class:

For the long-arm, just apply as the long-arm says.
For the constitutional limit:
If the traditional bases fail, and you don't think it qualifies for general (consider Perkins/Helicopteros), then you do minimal contacts. There, you want to do the Calder effects test, purposeful availment, and stream of commerce analysis under Asahi and then Nicastro, and finish off with fair play & substantial justice.

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Michaela
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Re: 1L Exam Prep and Motivation Thread

Postby Michaela » Sun Dec 11, 2011 2:20 pm

acrossthelake wrote:
Michaela wrote:
Yeah it's the latter. Two page long fact pattern and then a two-part question. Should have specified that before. It's my last exam, my brain cannot.


Depending on what you were taught in class:

For the long-arm, just apply as the long-arm says.
For the constitutional limit:
If the traditional bases fail, and you don't think it qualifies for general (consider Perkins/Helicopteros), then you do minimal contacts. There, you want to do the Calder effects test, purposeful availment, and stream of commerce analysis under Asahi and then Nicastro, and finish off with fair play & substantial justice.


Thank you! Copied this into my Civ Pro exam evernote...

The only thing getting me through today is the thought that I will be hammered drunk in 24 hours.

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Kabuo
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Re: 1L Exam Prep and Motivation Thread

Postby Kabuo » Sun Dec 11, 2011 2:30 pm

Property exam tomorrow. 5 questions with a 300 word limit, 3 hour exam. Prof has a single case in mind and wants us to cite to that case (in the casebook, not bluebook case) and relate it to the question. Seems either absurdly easy or a total pain in the ass, and maybe both. Going to be bringing in like 150 pages of printed material, reasonably indexed, and if I have enough time, I might even skim through the cases if I think I've found the ONE on point. What a weird test.

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ph14
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Re: 1L Exam Prep and Motivation Thread

Postby ph14 » Sun Dec 11, 2011 2:34 pm

So if a case is brought in state court and the defendant counterclaims under an exclusive federal courts jurisdiction area (copyrights, patents, etc.), then the state court can't hear the claim and must decline the counterclaim even though it arises out of the same transaction and occurrence and would be compulsory otherwise?

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Sun Dec 11, 2011 2:38 pm

ph14 wrote:So if a case is brought in state court and the defendant counterclaims under an exclusive federal courts jurisdiction area (copyrights, patents, etc.), then the state court can't hear the claim and must decline the counterclaim even though it arises out of the same transaction and occurrence and would be compulsory otherwise?

my understanding is you can file a separate claim, not in the counterclaim, it wont be barred under res judicata because he could not bring it up in state court. (unless there is subject matter jurisdiction and the original claim can be removed to fed court)

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dabomb75
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Re: 1L Exam Prep and Motivation Thread

Postby dabomb75 » Sun Dec 11, 2011 2:39 pm

in exactly 24 hours I will have finished my 1st exam. Not sure how much more I can really study today since it's torts and there's not exactly much to study for torts...

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northwood
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Re: 1L Exam Prep and Motivation Thread

Postby northwood » Sun Dec 11, 2011 2:42 pm

dabomb75 wrote:in exactly 24 hours I will have finished my 1st exam. Not sure how much more I can really study today since it's torts and there's not exactly much to study for torts...



this is me in a nutshell... ive decided to study by watching inspirational movie quotes on youtube and glancing over my outline some more, then watchign sunday night football and eating pizza

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Dany
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Re: 1L Exam Prep and Motivation Thread

Postby Dany » Sun Dec 11, 2011 2:42 pm

In 24 hours I will be DONE with my first quarter of law school! In 48 hours I will be in the airport getting ready to go home and not thing about law school for almost a month!

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ph14
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Re: 1L Exam Prep and Motivation Thread

Postby ph14 » Sun Dec 11, 2011 2:43 pm

Dany wrote:In 24 hours I will be DONE with my first quarter of law school! In 48 hours I will be in the airport getting ready to go home and not thing about law school for almost a month!


Awesome!!!

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Sun Dec 11, 2011 2:44 pm

dabomb75 wrote:in exactly 24 hours I will have finished my 1st exam. Not sure how much more I can really study today since it's torts and there's not exactly much to study for torts...

i feel like i'm done studying for torts too. i'm making a wise life choice and watching football all day while working on the one piece of paper i'm allowed to bring into the exam.

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Michaela
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Re: 1L Exam Prep and Motivation Thread

Postby Michaela » Sun Dec 11, 2011 2:45 pm

northwood wrote:
dabomb75 wrote:in exactly 24 hours I will have finished my 1st exam. Not sure how much more I can really study today since it's torts and there's not exactly much to study for torts...



this is me in a nutshell... ive decided to study by watching inspirational movie quotes on youtube and glancing over my outline some more, then watchign sunday night football and eating pizza


I "studied" for torts by watching Arrested Development since the cornballer is obviously products liability issue. Nailed it?

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booboo
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Re: 1L Exam Prep and Motivation Thread

Postby booboo » Sun Dec 11, 2011 2:45 pm

Dany wrote:In 24 hours I will be DONE with my first quarter of law school! In 48 hours I will be in the airport getting ready to go home and not thing about law school for almost a month!


To be fair, it is more like a third, if that makes it sound any better.

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ph14
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Re: 1L Exam Prep and Motivation Thread

Postby ph14 » Sun Dec 11, 2011 2:46 pm

ilovesf wrote:
dabomb75 wrote:in exactly 24 hours I will have finished my 1st exam. Not sure how much more I can really study today since it's torts and there's not exactly much to study for torts...

i feel like i'm done studying for torts too. i'm making a wise life choice and watching football all day while working on the one piece of paper i'm allowed to bring into the exam.


+1. "Studying" civ pro by watching football :lol:.

acrossthelake
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Re: 1L Exam Prep and Motivation Thread

Postby acrossthelake » Sun Dec 11, 2011 2:46 pm

Dany wrote:In 24 hours I will be DONE with my first quarter of law school! In 48 hours I will be in the airport getting ready to go home and not thing about law school for almost a month!


I wish this could be me. In 24 hours I'll be in the middle of a final and I have J term. :-/

shock259
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Re: 1L Exam Prep and Motivation Thread

Postby shock259 » Sun Dec 11, 2011 2:50 pm

Rawwwrr. Jealous of people being done. I wish I could take all my exams right now and just be done.

But then again, I think waiting for grades might be worse than studying for exams. I'll have to find ways of distracting myself.

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ph14
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Re: 1L Exam Prep and Motivation Thread

Postby ph14 » Sun Dec 11, 2011 2:52 pm

shock259 wrote:Rawwwrr. Jealous of people being done. I wish I could take all my exams right now and just be done.

But then again, I think waiting for grades might be worse than studying for exams. I'll have to find ways of distracting myself.


I think if I do the whole not discussing the exam after it won't be toooo bad. But if I talk about the exam after and realize I missed something which will inevitably happen then waiting for grades will be terrible. So i'm going to do my best and avoid talking about the exam.

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Dany
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Re: 1L Exam Prep and Motivation Thread

Postby Dany » Sun Dec 11, 2011 2:52 pm

acrossthelake wrote:
Dany wrote:In 24 hours I will be DONE with my first quarter of law school! In 48 hours I will be in the airport getting ready to go home and not thing about law school for almost a month!

I wish this could be me. In 24 hours I'll be in the middle of a final and I have J term. :-/

:( I think not running the risk of getting a C (D? D-? if you're talking Civ Pro for me) might be worth it, miss no-grades! :D

thegrayman
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Re: 1L Exam Prep and Motivation Thread

Postby thegrayman » Sun Dec 11, 2011 2:52 pm

can someone post their Asahi tests?

I am trying to reconcile all the different opinions/ways of looking at the case and want to make sure I have them all

- there's O'Connor's plurality: mfg's contacts must be more purposefully directed than mere placing into stream
Brennan: so long as D places product in stream of commerce and in aware that the final product is being mkt'd, they can be sued in forum
Stevens: no bright line between PA and MA, relevant factors are vol, val, hazard of components

Am I missing any other lines of analysis?

acrossthelake
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Re: 1L Exam Prep and Motivation Thread

Postby acrossthelake » Sun Dec 11, 2011 2:56 pm

Dany wrote:
acrossthelake wrote:
Dany wrote:In 24 hours I will be DONE with my first quarter of law school! In 48 hours I will be in the airport getting ready to go home and not thing about law school for almost a month!

I wish this could be me. In 24 hours I'll be in the middle of a final and I have J term. :-/

:( I think not running the risk of getting a C (D? D-? if you're talking Civ Pro for me) might be worth it, miss no-grades! :D


You're not going to fail! Also, the H-P-LP distinction is still a distinction....Yale's no grades at all thing is looking prettyyy nice.

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Dany
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Re: 1L Exam Prep and Motivation Thread

Postby Dany » Sun Dec 11, 2011 2:58 pm

One of my professors from Yale said it's honestly the easiest three years of your life. I mean, if you're there and gunning for SCOTUS clerkships it's much harder because you make it harder, but he said you can pretty much do nothing for three years and just pick a biglaw firm. IF ONLY.

I mean, I guess people that wanted to be lazy during law school wouldn't get in in the first place, but still.

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sundance95
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Re: 1L Exam Prep and Motivation Thread

Postby sundance95 » Sun Dec 11, 2011 3:13 pm

Michaela wrote:I "studied" for torts by watching Arrested Development since the cornballer is obviously a products liability issue. Nailed it?

All I know is yo soy loco por los Cornballs! Amirite?

But clearly injured consumers would have actions for breach of implied warranty of fitness against the retailer, as well as actions for failure to warn, design defects (under either the consumer expectation or the risk/benefit test), and negligence against the manufacturer.

Actually, if I ever write a torts exam (yeah right) I'd definitely include a cornballer hypo.




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