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Re: 1L Exam Prep and Motivation Thread

Posted: Fri Dec 16, 2011 10:12 pm
by TheFutureLawyer
Yeah, so I realized something after my torts exam... I didn't really do much of a breach analysis. To be sure, I didn't do much of an analysis on anything. But for breach, I realized I never even did a real BPL analysis or stated a 'should have done.' I feel pretty fucked.

Re: 1L Exam Prep and Motivation Thread

Posted: Fri Dec 16, 2011 10:34 pm
by Dany
Dany wrote:Stop thinking about exams after you turn them in!

Re: 1L Exam Prep and Motivation Thread

Posted: Fri Dec 16, 2011 10:43 pm
by lifestooquick
Dany wrote:
Dany wrote:Stop thinking about exams after you turn them in!
A-freaking-men.

Re: 1L Exam Prep and Motivation Thread

Posted: Fri Dec 16, 2011 10:56 pm
by TheFutureLawyer
lifestooquick wrote:
Dany wrote:
Dany wrote:Stop thinking about exams after you turn them in!
A-freaking-men.
lol. I was hoping someone might say they did something as bad as I did to make me feel better, but I don't think that's going to happen. It just fucking kills me to know I forgot to do something so basic. I think part of the problem was that I started studying way late and never did a practice exam. To clarify, I outlined a bunch, torts was the one that I did the most for actually, but I never wrote it all down. I would have been way better off doing one full practice exam than outlining a whole bunch. It also sucks to memorize a whole shit ton of minute rules and then not get tested on them (mostly anyway, a couple popped up). Maybe others will learn from my stupidity.

Re: 1L Exam Prep and Motivation Thread

Posted: Fri Dec 16, 2011 10:59 pm
by piccolittle
TheFutureLawyer wrote:
lifestooquick wrote:
Dany wrote:
Dany wrote:Stop thinking about exams after you turn them in!
A-freaking-men.
lol. I was hoping someone might say they did something as bad as I did to make me feel better, but I don't think that's going to happen. It just fucking kills me to know I forgot to do something so basic. I think part of the problem was that I started studying way late and never did a practice exam. To clarify, I outlined a bunch, torts was the one that I did the most for actually, but I never wrote it all down. I would have been way better off doing one full practice exam than outlining a whole bunch. It also sucks to memorize a whole shit ton of minute rules and then not get tested on them (mostly anyway, a couple popped up). Maybe others will learn from my stupidity.
I'm pretty sure I completely contravened my Torts professor's express instructions on the exam, and spent all my time writing about something which we should not have. D'oh.

Re: 1L Exam Prep and Motivation Thread

Posted: Fri Dec 16, 2011 11:12 pm
by lifestooquick
Honestly, I don't mind it on here that much. I mean, we need somewhere to vent - better to do it here than with your classmates. I mostly said that to keep myself from over-thinking and second-guessing.

Re: 1L Exam Prep and Motivation Thread

Posted: Sat Dec 17, 2011 12:27 am
by northwood
58 and a half hours to learn leg reg before mondays 10 am final...

Re: 1L Exam Prep and Motivation Thread

Posted: Sat Dec 17, 2011 8:45 am
by northwood
lifestooquick wrote:
Dany wrote:
Dany wrote:Stop thinking about exams after you turn them in!
A-freaking-men.
A-... no that quote is an A at least

Re: 1L Exam Prep and Motivation Thread

Posted: Sat Dec 17, 2011 10:59 am
by bostonlawchick
I actually feel pretty good about my torts exam yesterday. I managed to sneak a claim of false imprisonment on there, haha. Hoping I get a few extra points for it.

On to contracts!! It's going to be so hard to concentrate until Tuesday. After Tuesday I probably won't be able to concentrate either, because I'll be unconscious from alcohol poisoning.

Re: 1L Exam Prep and Motivation Thread

Posted: Sat Dec 17, 2011 12:32 pm
by orm518
Property.... Not sure if not as brutal as I thought, or if twice as brutal in that I'm totally oblivious to its difficulty.

Re: 1L Exam Prep and Motivation Thread

Posted: Sat Dec 17, 2011 3:21 pm
by rocon7383
thegrayman wrote:you know it's finals when you go to the bathroom and there is someone taking a crap while on their laptop.

that was a new one...

sure they were taking a dump?

Re: 1L Exam Prep and Motivation Thread

Posted: Sat Dec 17, 2011 3:23 pm
by rocon7383
i'm very curious as to what differentiates a median student and a below median student. I'm dreading being median, and not even thinking about being below median, but I guess that's possible?! Most people talk about the fear of the median, when theres an evil worse evil out thereee

Re: 1L Exam Prep and Motivation Thread

Posted: Sat Dec 17, 2011 3:27 pm
by rocon7383
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?

um. why didn't you take your exam?

Re: 1L Exam Prep and Motivation Thread

Posted: Sat Dec 17, 2011 3:27 pm
by sundance95
rocon7383 wrote:i'm very curious as to what differentiates a median student and a below median student.
At my school, it tends to be grades lower than B+, especially where those students don't earn any grades above a B+.

Re: 1L Exam Prep and Motivation Thread

Posted: Sat Dec 17, 2011 3:29 pm
by BlueDiamond
been asked before but i cant find it.. whats the difference between 87(2) and promissory estoppel? and to which one or both do baird and drennan fit in?

Re: 1L Exam Prep and Motivation Thread

Posted: Sat Dec 17, 2011 4:11 pm
by adonai
BlueDiamond wrote:been asked before but i cant find it.. whats the difference between 87(2) and promissory estoppel? and to which one or both do baird and drennan fit in?
87(2) is an imposed option contract by law where there IS consideration (usually in a situation where there is an offer and offeror revokes when performance has begun, or offeree relied on the offer). Drennan fits with 87(2), not sure about Baird. Promissory estoppel is where the is NO consideration (a promise, hence "promissory"). It also goes the extra step by barring promisor from denying enforceability. IMO, the analysis for both is almost the same (reliance, for the sake of justice, etc.). Don't take my word for it because I know contracts is one of those courses where the analysis/explanation can be different in any given course.

Re: 1L Exam Prep and Motivation Thread

Posted: Sat Dec 17, 2011 9:59 pm
by dabomb75
property exam tomorrow

Feel like I know literally everything there is to know about property.

Here's to hoping I don't majorly screw anything up 12 hours from now.

Re: 1L Exam Prep and Motivation Thread

Posted: Sat Dec 17, 2011 11:16 pm
by Gemini
Can someone PLEASE tell me the professional standard used in Lack of Informed Consent cases for torts? I got the prudent patient down on lock, but just can't seem to understand professional standard very well.

Re: 1L Exam Prep and Motivation Thread

Posted: Sat Dec 17, 2011 11:24 pm
by PinkCow
Gemini wrote:Can someone PLEASE tell me the professional standard used in Lack of Informed Consent cases for torts? I got the prudent patient down on lock, but just can't seem to understand professional standard very well.
Canterbury v. Spence? Material and reasonable disclosure; magnitude*probability (don't need to disclose the obvious or truly extraordinary).

Not really sure if that's what you were looking for.

Re: 1L Exam Prep and Motivation Thread

Posted: Sat Dec 17, 2011 11:36 pm
by Gemini
PinkCow wrote:
Gemini wrote:Can someone PLEASE tell me the professional standard used in Lack of Informed Consent cases for torts? I got the prudent patient down on lock, but just can't seem to understand professional standard very well.
Canterbury v. Spence? Material and reasonable disclosure; magnitude*probability (don't need to disclose the obvious or truly extraordinary).

Not really sure if that's what you were looking for.
My professor taught us a general view: Doctor's duty in disclosing material risks to patient under professional standard of care is to disclose what a reasonable doctor would have told their patient in a similar situation, as long as whatever you're NOT disclosing is acceptable by at least a reasonable minority of doctors.

I'm getting all twisted up... does that sound right?

Re: 1L Exam Prep and Motivation Thread

Posted: Sun Dec 18, 2011 2:26 am
by sundance95
Two standards for lack of informed consent: reasonable patient and reasonable physician.


a) Reasonable-Patient Standard [Majority Rule]
i) Sounds in negligence; employs ordinary negligence standard
ii) Requires docs to disclose information re risks and benefits to patients that a reasonable patient in what the physician knows to be the patient's situation would want to know.
A. Objective std in that patient idiosyncrasies that physician is unaware of are not taken into account; but if physicians becomes aware of any she must disclose relevant information.
B. professional stds re disclosures are relevant but not dispositive
1. experts will be req'd to establish what the risks and benefits are, but not req'd as to whether D violated the std of care (although they would be permitted)


b) Reasonable-Physician Standard [Minority Rule]
i) Sounds in malpractice; employs professional standard
ii) Requires docs to comport with standards of profession in providing information as to risks and benefits of treatment.
A. experts req'd to establish relevant risks and benefits as well as applicable medical stds

Re: 1L Exam Prep and Motivation Thread

Posted: Sun Dec 18, 2011 12:15 pm
by Gemini
sundance95 wrote:Two standards for lack of informed consent: reasonable patient and reasonable physician.


a) Reasonable-Patient Standard [Majority Rule]
i) Sounds in negligence; employs ordinary negligence standard
ii) Requires docs to disclose information re risks and benefits to patients that a reasonable patient in what the physician knows to be the patient's situation would want to know.
A. Objective std in that patient idiosyncrasies that physician is unaware of are not taken into account; but if physicians becomes aware of any she must disclose relevant information.
B. professional stds re disclosures are relevant but not dispositive
1. experts will be req'd to establish what the risks and benefits are, but not req'd as to whether D violated the std of care (although they would be permitted)


b) Reasonable-Physician Standard [Minority Rule]
i) Sounds in malpractice; employs professional standard
ii) Requires docs to comport with standards of profession in providing information as to risks and benefits of treatment.
A. experts req'd to establish relevant risks and benefits as well as applicable medical stds
I actually was able to figure it out last night, but this is beautiful, thanks!

Re: 1L Exam Prep and Motivation Thread

Posted: Sun Dec 18, 2011 1:26 pm
by NYC Law
My last exam (torts) is tomorrow, bright and early. Trying to decide on my last meal.

Re: 1L Exam Prep and Motivation Thread

Posted: Sun Dec 18, 2011 1:34 pm
by jarofsoup
NYC Law wrote:My last exam (torts) is tomorrow, bright and early. Trying to decide on my last meal.

Something that doesn't give you the sh*ts

Re: 1L Exam Prep and Motivation Thread

Posted: Sun Dec 18, 2011 1:36 pm
by Bildungsroman
NYC Law wrote:My last exam (torts) is tomorrow, bright and early. Trying to decide on my last meal.
Whiskey with a side of cigarettes.