1L Exam Prep and Motivation Thread

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dabomb75
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Re: 1L Exam Prep and Motivation Thread

Postby dabomb75 » Thu Dec 15, 2011 5:14 pm

Addy wrote:
dabomb75 wrote:
Addy wrote:
dabomb75 wrote:done with exam #2. Everyone walked out feeling awful so I guess that's a good sign that I wasn't the only one.


Let me guess. U go 2 Penn?


lol yea. You?

Did not take today's exam. Heard it was +25 pages! Would know more but they are all commiserating, probably somewhere where they serve liquids brewed in Kentucky! It was that bad, eh?


why didn't you take it?

thegrayman
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Re: 1L Exam Prep and Motivation Thread

Postby thegrayman » Thu Dec 15, 2011 5:50 pm

When you have a K that is for construction, how do you analyze the common law/UCC application? the K is party services and part materials, do you apply UCC for the materials and common for the services or do you find which predominates or which the issue turns on and then apply based on that outcome?

Sorry for the rambling, my mind is mush

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Sapientia
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Re: 1L Exam Prep and Motivation Thread

Postby Sapientia » Thu Dec 15, 2011 5:52 pm

thegrayman wrote:When you have a K that is for construction, how do you analyze the common law/UCC application? the K is party services and part materials, do you apply UCC for the materials and common for the services or do you find which predominates or which the issue turns on and then apply based on that outcome?

Sorry for the rambling, my mind is mush


Predominate purpose test. If it's unclear, I apply both just in case.

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bostonlawchick
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Re: 1L Exam Prep and Motivation Thread

Postby bostonlawchick » Thu Dec 15, 2011 5:54 pm

thegrayman wrote:When you have a K that is for construction, how do you analyze the common law/UCC application? the K is party services and part materials, do you apply UCC for the materials and common for the services or do you find which predominates or which the issue turns on and then apply based on that outcome?

Sorry for the rambling, my mind is mush


I could be wrong, but I believe it's the second one. The court look at the K and decides whether it is more goods or more services and goes from there.

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FeelTheHeat
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Re: 1L Exam Prep and Motivation Thread

Postby FeelTheHeat » Thu Dec 15, 2011 5:54 pm

Sapientia wrote:
thegrayman wrote:When you have a K that is for construction, how do you analyze the common law/UCC application? the K is party services and part materials, do you apply UCC for the materials and common for the services or do you find which predominates or which the issue turns on and then apply based on that outcome?

Sorry for the rambling, my mind is mush


Predominate purpose test. If it's unclear, I apply both just in case.


+1. I can't recall looking at a hypo that it wasn't clear which law to apply.

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alicrimson
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Re: 1L Exam Prep and Motivation Thread

Postby alicrimson » Thu Dec 15, 2011 5:55 pm

Construction is services so restatement. You can't pick up a house and put it in a truck. (well, you can but you get the idea.) You're paying for the whole house and the work that goes into constructing it more so than the actual materials. This contract is also not severable because the value contracted for is not each individual wall but the house itself. I have K and mine's tomorrow. Good luck to you on your K test also. I bet you, like me, are very excited to be finished and to forget about the UCC for a couple of weeks.

Disclaimer: The above is my prof's answer when I asked him this same question. Yours might be different.

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FeelTheHeat
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Re: 1L Exam Prep and Motivation Thread

Postby FeelTheHeat » Thu Dec 15, 2011 5:58 pm

alicrimson wrote:Construction is services so restatement. You can't pick up a house and put it in a truck. (well, you can but you get the idea.) You're paying for the whole house and the work that goes into constructing it more so than the actual materials. This contract is also not severable because the value contracted for is not each individual wall but the house itself. I have K and mine's tomorrow. Good luck to you on your K test also. I bet you, like me, are very excited to be finished and to forget about the UCC for a couple of weeks.

Disclaimer: The above is my prof's answer when I asked him this same question. Yours might be different.


Our profwas extremely bullish on the restatement. Really only used the UCC for damages and form battles. Would do anything to take the test right this moment

thesteelers
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Re: 1L Exam Prep and Motivation Thread

Postby thesteelers » Thu Dec 15, 2011 6:03 pm

Made and memorized Torts outline ages ago, but in the intervening time I completely forgot everything. Now I'm panicking because my brain has gone woolly from finals week and I feel like I'm memorizing shit from scratch. Plus, there is a policy essay that I don't know how to write.

I feel like Torts is the one class in the world that you can learn in one night. On the other hand...tightest curve in the history of law exams?

What is the best strategy I can use now? Don't say, "Pray."

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alicrimson
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Re: 1L Exam Prep and Motivation Thread

Postby alicrimson » Thu Dec 15, 2011 6:03 pm

FeelTheHeat wrote:
alicrimson wrote:Construction is services so restatement. You can't pick up a house and put it in a truck. (well, you can but you get the idea.) You're paying for the whole house and the work that goes into constructing it more so than the actual materials. This contract is also not severable because the value contracted for is not each individual wall but the house itself. I have K and mine's tomorrow. Good luck to you on your K test also. I bet you, like me, are very excited to be finished and to forget about the UCC for a couple of weeks.

Disclaimer: The above is my prof's answer when I asked him this same question. Yours might be different.


Our profwas extremely bullish on the restatement. Really only used the UCC for damages and form battles. Would do anything to take the test right this moment


Ours was all over the place. He's been teaching for forever though and he says a forty is typically median on his test. I don't want to take it this second because I know that even if I do well, its going to feel awful. It is kind of comforting though that its time to move it on even if I feel bad during the test. Hoping your K test isn't similar because it really is special when you see a practice test/old exam for the first time and you straight up don't know what to do with it during reading week. Quite the touching moment, actually.

thegrayman
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Re: 1L Exam Prep and Motivation Thread

Postby thegrayman » Thu Dec 15, 2011 6:05 pm

alicrimson wrote:Construction is services so restatement. You can't pick up a house and put it in a truck. (well, you can but you get the idea.) You're paying for the whole house and the work that goes into constructing it more so than the actual materials. This contract is also not severable because the value contracted for is not each individual wall but the house itself. I have K and mine's tomorrow. Good luck to you on your K test also. I bet you, like me, are very excited to be finished and to forget about the UCC for a couple of weeks.

Disclaimer: The above is my prof's answer when I asked him this same question. Yours might be different.


thanks, good luck to you as well. I loved the class, phenomenal professor, but hate dealing with the common law/UCC mess.

thegrayman
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Re: 1L Exam Prep and Motivation Thread

Postby thegrayman » Thu Dec 15, 2011 6:07 pm

thesteelers wrote:Made and memorized Torts outline ages ago, but in the intervening time I completely forgot everything. Now I'm panicking because my brain has gone woolly from finals week and I feel like I'm memorizing shit from scratch. Plus, there is a policy essay that I don't know how to write.

I feel like Torts is the one class in the world that you can learn in one night. On the other hand...tightest curve in the history of law exams?

What is the best strategy I can use now? Don't say, "Pray."


one thing I did for civ pro was to really find one issue that my professor was very predictable about; he was a huge class action guy, so I saved the class action stuff for last, and woke up super early before the test to hammer CA's into my head. First Q on exam --> class action hypo

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bostonlawchick
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Re: 1L Exam Prep and Motivation Thread

Postby bostonlawchick » Thu Dec 15, 2011 6:20 pm

thesteelers wrote:Made and memorized Torts outline ages ago, but in the intervening time I completely forgot everything. Now I'm panicking because my brain has gone woolly from finals week and I feel like I'm memorizing shit from scratch. Plus, there is a policy essay that I don't know how to write.

I feel like Torts is the one class in the world that you can learn in one night. On the other hand...tightest curve in the history of law exams?

What is the best strategy I can use now? Don't say, "Pray."


Policy essay? Ugh... that blows. Now I feel like our section is getting off easy. We have 20 MC and two issue spotters. I feel you on the curve though... I feel like no matter how well I know it, everyone else will know it just the same.

For the policy essay though... our prof riffed on six themes: deterrence, administrability, compensation, justice, fairness, and efficiency. If you make an extra sheet at the back of your outline with arguments about why each thing is better or worse than the others, why you should take them into consideration/why not, etc. it might help. That's what I did for our policy question in property.

thesteelers
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Re: 1L Exam Prep and Motivation Thread

Postby thesteelers » Thu Dec 15, 2011 6:47 pm

Yeah, I'm trying to figure out patterns in past exams - glad I'm not the only one who has ever done this.

bostonlawchick: yeah you guys are definitely lucky. I'd take multiple choice for a torts exam over a policy question any day. Now if only I could pre-write policy bs...IT'S GOING TO BE A LONG FUCKING NIGHT.

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Gemini
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Re: 1L Exam Prep and Motivation Thread

Postby Gemini » Thu Dec 15, 2011 7:34 pm

WTF Crim, WTF. It was rather easy, I felt, but all my studying was for nothing because our professor created new statutes to analyze the fact pattern on. All that studying about Common law versus MPC? USELESS. Argh.

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cinephile
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Re: 1L Exam Prep and Motivation Thread

Postby cinephile » Thu Dec 15, 2011 8:18 pm

Did five and a half practice tests today. Can't bring myself to finish the last one. Not even sure I'm getting anything out of it anymore.

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northwood
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Re: 1L Exam Prep and Motivation Thread

Postby northwood » Thu Dec 15, 2011 8:25 pm

cinephile wrote:Did five and a half practice tests today. Can't bring myself to finish the last one. Not even sure I'm getting anything out of it anymore.



take a break.. thats a ton of work for one day

adonai
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Re: 1L Exam Prep and Motivation Thread

Postby adonai » Thu Dec 15, 2011 8:35 pm

cinephile wrote:Did five and a half practice tests today. Can't bring myself to finish the last one. Not even sure I'm getting anything out of it anymore.

Do you actually do them under timed conditions and write out responses, or just read and issue spot? I haven't fully written out any practice exams. I've taken midterms and the feeling/format kind of just stuck, so I didn't feel the need to. But five exams, even at 2 hours a piece, is straight silly if you managed to do all that. Props to you.

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crossarmant
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Re: 1L Exam Prep and Motivation Thread

Postby crossarmant » Thu Dec 15, 2011 8:44 pm

I'm so done with this semester... I don't want to put in the next few hours of work for Contracts tomorrow. I just want to play Skyrim until my eyes bleed.... 18 more hours...

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Gecko of Doom
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Re: 1L Exam Prep and Motivation Thread

Postby Gecko of Doom » Thu Dec 15, 2011 9:06 pm

crossarmant wrote:I'm so done with this semester... I don't want to put in the next few hours of work for Contracts tomorrow. I just want to play Skyrim until my eyes bleed.... 18 more hours...

I kept myself from buying it before exams were over because I knew that it would destroy my grades. But my Xbox is getting a serious workout over Christmas break.

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cinephile
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Re: 1L Exam Prep and Motivation Thread

Postby cinephile » Thu Dec 15, 2011 9:15 pm

adonai wrote:
cinephile wrote:Did five and a half practice tests today. Can't bring myself to finish the last one. Not even sure I'm getting anything out of it anymore.

Do you actually do them under timed conditions and write out responses, or just read and issue spot? I haven't fully written out any practice exams. I've taken midterms and the feeling/format kind of just stuck, so I didn't feel the need to. But five exams, even at 2 hours a piece, is straight silly if you managed to do all that. Props to you.


Yeah, I wrote out answers, not as polished as I'd hope for the actual exam, but at least it's practice, right? Completely exhausted and turning in at 8pm. This is so silly. And I know my classmates are still out there studying, but I just can't bring myself to care right now. Hopefully it all works out tomorrow. Good luck to the rest of you who still have exams!

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dabomb75
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Re: 1L Exam Prep and Motivation Thread

Postby dabomb75 » Thu Dec 15, 2011 9:21 pm

cinephile wrote:
adonai wrote:
cinephile wrote:Did five and a half practice tests today. Can't bring myself to finish the last one. Not even sure I'm getting anything out of it anymore.

Do you actually do them under timed conditions and write out responses, or just read and issue spot? I haven't fully written out any practice exams. I've taken midterms and the feeling/format kind of just stuck, so I didn't feel the need to. But five exams, even at 2 hours a piece, is straight silly if you managed to do all that. Props to you.


Yeah, I wrote out answers, not as polished as I'd hope for the actual exam, but at least it's practice, right? Completely exhausted and turning in at 8pm. This is so silly. And I know my classmates are still out there studying, but I just can't bring myself to care right now. Hopefully it all works out tomorrow. Good luck to the rest of you who still have exams!


the ones staying up until 2am are the ones you don't have to worry about if your exam is tomorrow. Give your brain some resting time before the exam, you don't want to go into it exhausted.

Good luck!

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crossarmant
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Re: 1L Exam Prep and Motivation Thread

Postby crossarmant » Thu Dec 15, 2011 9:30 pm

Gecko of Doom wrote:
crossarmant wrote:I'm so done with this semester... I don't want to put in the next few hours of work for Contracts tomorrow. I just want to play Skyrim until my eyes bleed.... 18 more hours...

I kept myself from buying it before exams were over because I knew that it would destroy my grades. But my Xbox is getting a serious workout over Christmas break.


Doing the same. I've only got a few more measly hours until I wave goodbye to this world. I RedBoxed Skyrim for PS3 in mid-Nov. Put in 22.5 hours in the 24 hours I had it for. That's when I knew I could not buy it until break and now I've only a few more hours until I can not give a fuck about working for 3 weeks.

swissalps007
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Re: 1L Exam Prep and Motivation Thread

Postby swissalps007 » Fri Dec 16, 2011 1:06 am

Gotta a pretty general criminal law question that I'm hoping someone will help me out with. In considering mental states: is it safe to say that the Model Penal Code mental states of purposely and knowingly are equal to specific intent, while recklessly and and negligently are general intent? If NOT, why? Just trying to get the notion of specif and general intent straight, considering also the 4 mental states.

Thanks!

jd20132013
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Re: 1L Exam Prep and Motivation Thread

Postby jd20132013 » Fri Dec 16, 2011 2:14 am

quick question about Nicastro and what it changes (if anything)


I know you go with the narrowest opinion so what was the reasoning in the concurrence that's the takeaway and does it change how we look at Asahi?

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orm518
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Re: 1L Exam Prep and Motivation Thread

Postby orm518 » Fri Dec 16, 2011 2:24 am

jd20132013 wrote:quick question about Nicastro and what it changes (if anything)


I know you go with the narrowest opinion so what was the reasoning in the concurrence that's the takeaway and does it change how we look at Asahi?


It doesn't settle Asahi, but it does lend some momentum to the O'Connor plurality. The holding is the same as Asahi, that the company must purposefully avail itself of the forum, we just haven't had five justices set forth rules on what that entails.

The Kennedy four-vote plurality took the strict view on "purposefully availing" of the forum, like O'Connor did in Asahi. The court seems to be rejecting the weaker Brennan "stream of commerce" model, where companies that sell to distributors can be held to personal jurisdiction in forums where those distributors sell since the economic reality is that the parent has "purposefully availed" itself and therefore has minimum contacts. Instead, the Nicastro court wanted to see J. McIntyre avail itself of NJ, where the injury the suit was brought upon occurred, not just happen to sell to a US distributor who sold them in NJ. The O'Connor tests are: advertising in the forum and product designed for forum customers. Kennedy didn't use that language I don't think, but it's clear courts will require a significant amount to hold foreign corporations to jurisdiction here in the US for these stream of commerce type cases.

The Nicastro is the most modern minimum contacts case.

The Goodyear case is an example of general in personam jurisdiction, so in the last year there have been some interesting personal juridiction decisions.




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