1L Exam Prep and Motivation Thread

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trombonian
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Re: 1L Exam Prep and Motivation Thread

Postby trombonian » Mon Dec 12, 2011 10:22 pm

Missed 1 tricky issue and at least 2 moderately large issues (and possibly 2 others) on an 8 hour exam today.. Just praying for a P this point.. life is gonna be hell until grades get back.

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Mon Dec 12, 2011 10:26 pm

clint4law wrote:My con law prof has 0 sample tests. Any ideas where i can get some? Also, what have been some of the topics your con law exams?

2 of my profs had 0 practice tests, the other only had 1. you just have to look at other professor's tests and ask your prof to go over your answer with you.

clint4law
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Re: 1L Exam Prep and Motivation Thread

Postby clint4law » Mon Dec 12, 2011 10:56 pm

ilovesf wrote:
clint4law wrote:My con law prof has 0 sample tests. Any ideas where i can get some? Also, what have been some of the topics your con law exams?

2 of my profs had 0 practice tests, the other only had 1. you just have to look at other professor's tests and ask your prof to go over your answer with you.


FML, my test is tomorrow afternoon. Any helpful con law links out there?

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Kabuo
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Re: 1L Exam Prep and Motivation Thread

Postby Kabuo » Mon Dec 12, 2011 11:21 pm

trombonian wrote:Missed 1 tricky issue and at least 2 moderately large issues (and possibly 2 others) on an 8 hour exam today.. Just praying for a P this point.. life is gonna be hell until grades get back.


#humblebrag. 0Ls are praying for Ps.

trombonian
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Re: 1L Exam Prep and Motivation Thread

Postby trombonian » Mon Dec 12, 2011 11:29 pm

Kabuo wrote:
trombonian wrote:Missed 1 tricky issue and at least 2 moderately large issues (and possibly 2 others) on an 8 hour exam today.. Just praying for a P this point.. life is gonna be hell until grades get back.


#humblebrag. 0Ls are praying for Ps.


I wish I was humble bragging... I didnt fully read a part of a civ pro exam and didnt notice that one action took place in another state. So minus all those free jurisdiction, long arm, etc. points that come along whenever the action changes states. I cant believe I was the guy who panicked on the exam and missed something easy but crucial. Trust me, Im praying to get a P...

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johansantana21
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Re: 1L Exam Prep and Motivation Thread

Postby johansantana21 » Mon Dec 12, 2011 11:31 pm

trombonian wrote:
Kabuo wrote:
trombonian wrote:Missed 1 tricky issue and at least 2 moderately large issues (and possibly 2 others) on an 8 hour exam today.. Just praying for a P this point.. life is gonna be hell until grades get back.


#humblebrag. 0Ls are praying for Ps.


I wish I was humble bragging... I didnt fully read a part of a civ pro exam and didnt notice that one action took place in another state. So minus all those free jurisdiction, long arm, etc. points that come along whenever the action changes states. I cant believe I was the guy who panicked on the exam and missed something easy but crucial. Trust me, Im praying to get a P...


You go to a school that uses P/F.

Either that's HYS or Berkeley.

If HYS, stop worrying.

Berkeley idk.

thegrayman
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Re: 1L Exam Prep and Motivation Thread

Postby thegrayman » Mon Dec 12, 2011 11:49 pm

how does Exxon affect diversity of citizenship regarding supplemental jurisdiction?

I thought that regardless of joinder you still need to be diverse? if a claim is in federal court for diversity and a party joins that destroys diversity, doesn't that destroy the claim?

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Hannibal
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Re: 1L Exam Prep and Motivation Thread

Postby Hannibal » Mon Dec 12, 2011 11:57 pm

thegrayman wrote:how does Exxon affect diversity of citizenship regarding supplemental jurisdiction?

I thought that regardless of joinder you still need to be diverse? if a claim is in federal court for diversity and a party joins that destroys diversity, doesn't that destroy the claim?


Yes, you still need complete diversity.

thegrayman
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Re: 1L Exam Prep and Motivation Thread

Postby thegrayman » Mon Dec 12, 2011 11:58 pm

Hannibal wrote:
thegrayman wrote:how does Exxon affect diversity of citizenship regarding supplemental jurisdiction?

I thought that regardless of joinder you still need to be diverse? if a claim is in federal court for diversity and a party joins that destroys diversity, doesn't that destroy the claim?


Yes, you still need complete diversity.


thanks. my "model answer" got that wrong. I was about to throw a hissy fit. Strawbridge lives!

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cinephile
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Re: 1L Exam Prep and Motivation Thread

Postby cinephile » Mon Dec 12, 2011 11:59 pm

thegrayman wrote:how does Exxon affect diversity of citizenship regarding supplemental jurisdiction?

I thought that regardless of joinder you still need to be diverse? if a claim is in federal court for diversity and a party joins that destroys diversity, doesn't that destroy the claim?


I thought it was alright to be non-diverse if it's an impleader claim and the plaintiff doesn't sue the third party defendant.

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Duke Silver
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Re: 1L Exam Prep and Motivation Thread

Postby Duke Silver » Tue Dec 13, 2011 12:02 am

Thinking about exam, realized I missed an easy issue. Fuckfuckfuck.

thegrayman
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Re: 1L Exam Prep and Motivation Thread

Postby thegrayman » Tue Dec 13, 2011 12:04 am

edit: im tired.
Last edited by thegrayman on Tue Dec 13, 2011 12:14 am, edited 1 time in total.

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Dany
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Re: 1L Exam Prep and Motivation Thread

Postby Dany » Tue Dec 13, 2011 12:06 am

Stop thinking about exams after you turn them in!

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queenlizzie13
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Re: 1L Exam Prep and Motivation Thread

Postby queenlizzie13 » Tue Dec 13, 2011 12:09 am

cinephile wrote:
thegrayman wrote:how does Exxon affect diversity of citizenship regarding supplemental jurisdiction?

I thought that regardless of joinder you still need to be diverse? if a claim is in federal court for diversity and a party joins that destroys diversity, doesn't that destroy the claim?


I thought it was alright to be non-diverse if it's an impleader claim and the plaintiff doesn't sue the third party defendant.


Yes, I think so. Also the Exxon stuff is dicta. But, it could be read to suggest that even though an impleader claim with non-diverse parties is okay as long as it is the third-party defendant claiming against the original plaintiff for example (which would not trigger the §1367(b) exception), that the non-diverse "claim" may "contaminate" the whole case, unlike amount-in-controversy, which does not.

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TatteredDignity
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Re: 1L Exam Prep and Motivation Thread

Postby TatteredDignity » Tue Dec 13, 2011 12:17 am

For whomever was asking about how to check word count in exam soft, it's ctrl w. I know this because I've been trying to take solace in # of words on my exams, hoping it's some kind of proxy for points.

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Hannibal
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Re: 1L Exam Prep and Motivation Thread

Postby Hannibal » Tue Dec 13, 2011 12:19 am

Dany wrote:Stop thinking about exams after you turn them in!


TCR that I totally fail at following.

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NYC Law
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Re: 1L Exam Prep and Motivation Thread

Postby NYC Law » Tue Dec 13, 2011 12:20 am

A sick twisted part of me kind of enjoys law school finals. I kind of want to do more, lots more.

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ph14
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Re: 1L Exam Prep and Motivation Thread

Postby ph14 » Tue Dec 13, 2011 12:21 am

NYC Law wrote:A sick twisted part of me kind of enjoys law school finals. I kind of want to do more, lots more.


GTFO

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TheFutureLawyer
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Re: 1L Exam Prep and Motivation Thread

Postby TheFutureLawyer » Tue Dec 13, 2011 12:22 am

queenlizzie13 wrote:
cinephile wrote:
thegrayman wrote:how does Exxon affect diversity of citizenship regarding supplemental jurisdiction?

I thought that regardless of joinder you still need to be diverse? if a claim is in federal court for diversity and a party joins that destroys diversity, doesn't that destroy the claim?


I thought it was alright to be non-diverse if it's an impleader claim and the plaintiff doesn't sue the third party defendant.


Yes, I think so. Also the Exxon stuff is dicta. But, it could be read to suggest that even though an impleader claim with non-diverse parties is okay as long as it is the third-party defendant claiming against the original plaintiff for example (which would not trigger the §1367(b) exception), that the non-diverse "claim" may "contaminate" the whole case, unlike amount-in-controversy, which does not.


Exxon is dicta? Are you confusing Exxon with another case? I thought it was a straight 5-4 decision.

NYC Law wrote:A sick twisted part of me kind of enjoys law school finals. I kind of want to do more, lots more.


I can't wait for next semester, I think I'm going to do a lot better. Also, studying, while sucking, simultaneously is awesome for the simple fact that I feel like I finally really understand the law.

thegrayman
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Re: 1L Exam Prep and Motivation Thread

Postby thegrayman » Tue Dec 13, 2011 12:23 am

for an erie analysis, what category does a federal procedure that isn't a FRCP Rule or a Federal statute fall under? Does that automatically move it to be analyzed under unguided erie?

for example is the fed dist ct has a holding that conflicts with a state supreme ct decision, in a diversity case the court would analyze that under unguided erie instead of checking to see if it was on point first right? Obviously for exam purposes I will address the rule/statute to get the points before moving to unguided.

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Hannibal
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Re: 1L Exam Prep and Motivation Thread

Postby Hannibal » Tue Dec 13, 2011 12:26 am

thegrayman wrote:for an erie analysis, what category does a federal procedure that isn't a FRCP Rule or a Federal statute fall under? Does that automatically move it to be analyzed under unguided erie?

for example is the fed dist ct has a holding that conflicts with a state supreme ct decision, in a diversity case the court would analyze that under unguided erie instead of checking to see if it was on point first right? Obviously for exam purposes I will address the rule/statute to get the points before moving to unguided.


If it is not under a rule or a statute, then it is a conflict with federal common law.

Under Hanna, you look at whether the choice of forum would be outcome determinative ex ante, or would result in inequitable administration of laws. If either of these, apply the state law.

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cinephile
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Re: 1L Exam Prep and Motivation Thread

Postby cinephile » Tue Dec 13, 2011 12:34 am

I have my first exam tomorrow afternoon. Rather than study tonight, I've wasted my time online here and watching netflix. I really don't know anything about Civil Procedure. Or about my other exams that are coming up. Just wanted to share that.

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queenlizzie13
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Re: 1L Exam Prep and Motivation Thread

Postby queenlizzie13 » Tue Dec 13, 2011 12:35 am

TheFutureLawyer wrote:
queenlizzie13 wrote:
cinephile wrote:
thegrayman wrote:how does Exxon affect diversity of citizenship regarding supplemental jurisdiction?

I thought that regardless of joinder you still need to be diverse? if a claim is in federal court for diversity and a party joins that destroys diversity, doesn't that destroy the claim?


I thought it was alright to be non-diverse if it's an impleader claim and the plaintiff doesn't sue the third party defendant.


Yes, I think so. Also the Exxon stuff is dicta. But, it could be read to suggest that even though an impleader claim with non-diverse parties is okay as long as it is the third-party defendant claiming against the original plaintiff for example (which would not trigger the §1367(b) exception), that the non-diverse "claim" may "contaminate" the whole case, unlike amount-in-controversy, which does not.


Exxon is dicta? Are you confusing Exxon with another case? I thought it was a straight 5-4 decision.



It was. And no, the whole case is not dicta. The main holding of Exxon is that only one plaintiff needs to meet the amount-in-controversy requirement, and under 1367 the plaintiffs that don't meet the amount-in-controversy requirement are in through supplemental jurisdiction.

But, for the complete diversity requirement, the opinion reads: "the “contamination theory”– that inclusion of a claim or party falling outside the district court’s original jurisdiction contaminates every other claim in the complaint–makes sense with respect to the complete diversity requirement because a nondiverse party’s presence eliminates the justification for a federal forum.

That is what I was referring to.

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Lasers
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Re: 1L Exam Prep and Motivation Thread

Postby Lasers » Tue Dec 13, 2011 3:26 am

i'm going to the gain carnal knowledge of my crim test tomorrow, through force if i have to, with or without consent, regardless of how much the exam shall resist.

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northwood
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Re: 1L Exam Prep and Motivation Thread

Postby northwood » Tue Dec 13, 2011 7:22 am

postin about first final... 3 and half hour closed book torts. got to 10 pages single spaced and know that i made some typographical errors ( didnt have time to double check that) and missed a ton. unfortunately heard some ppl walk out thinking man i only got to 5 pages or man i had to completely outline the last question, so i dont know if i shgould take solace in my work, or should be freakign out about the fact that i most likely missed something major on the test... taking solace that i got a nice C and when grades come out if its higher than that, illbe pleased.


onto exam number 2.

and for the life of me i didnt undestand the whole finish a test take the night off.... thought i could hammer through it, but who really wants to study for a test after you jusst word and brain vomited for 3 and haf hours straight??? not. this. guy. i understand the reasoning behind it now


cheers to a 13 hour day in hte library




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