1L Exam Prep and Motivation Thread

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crossem
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Re: 1L Exam Prep and Motivation Thread

Postby crossem » Sun Dec 18, 2011 4:12 pm

Studying for CivPro, we know what types of questions will be on it. I have my attack outline ready for each type of problem and I have gone back to add compare/contrast notes to cases we read. What else is there to do, besides more PTs.

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Guchster
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Re: 1L Exam Prep and Motivation Thread

Postby Guchster » Sun Dec 18, 2011 4:26 pm

crossem wrote:Studying for CivPro, we know what types of questions will be on it. I have my attack outline ready for each type of problem and I have gone back to add compare/contrast notes to cases we read. What else is there to do, besides more PTs.


Where are you getting PTs from for CivPro? I ran out! Anyone have a link to some more (at this point, I only need Pts with model answers)

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lifestooquick
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Re: 1L Exam Prep and Motivation Thread

Postby lifestooquick » Sun Dec 18, 2011 4:41 pm

Trying to study civ pro. I thought it was good that it was the last one because I had a shitty prof and basically know nothing so I figured having more time would be good. Forgot to calculate finals burnout into that equation. I barely even care anymore.

thegrayman
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Re: 1L Exam Prep and Motivation Thread

Postby thegrayman » Sun Dec 18, 2011 4:52 pm

for K's, can you contract out of using the UCC for a sale of goods? does this answer change if the promisor is in another country, but the promisee is in the US and is the one suing?

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Guchster
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Re: 1L Exam Prep and Motivation Thread

Postby Guchster » Sun Dec 18, 2011 5:02 pm

lifestooquick wrote:Trying to study civ pro. I thought it was good that it was the last one because I had a shitty prof and basically know nothing so I figured having more time would be good. Forgot to calculate finals burnout into that equation. I barely even care anymore.


This.
Last edited by Guchster on Sun Dec 18, 2011 5:51 pm, edited 1 time in total.

adonai
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Re: 1L Exam Prep and Motivation Thread

Postby adonai » Sun Dec 18, 2011 5:46 pm

thegrayman wrote:for K's, can you contract out of using the UCC for a sale of goods? does this answer change if the promisor is in another country, but the promisee is in the US and is the one suing?

Not sure about the first part, but international Ks are enforced using the CISG

thegrayman
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Re: 1L Exam Prep and Motivation Thread

Postby thegrayman » Sun Dec 18, 2011 5:56 pm

adonai wrote:
thegrayman wrote:for K's, can you contract out of using the UCC for a sale of goods? does this answer change if the promisor is in another country, but the promisee is in the US and is the one suing?

Not sure about the first part, but international Ks are enforced using the CISG


hmm we didn't cover that, I am assuming it was to be governed under the UCC. thanks.

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piccolittle
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Re: 1L Exam Prep and Motivation Thread

Postby piccolittle » Sun Dec 18, 2011 6:02 pm

Guchster wrote:
lifestooquick wrote:Trying to study civ pro. I thought it was good that it was the last one because I had a shitty prof and basically know nothing so I figured having more time would be good. Forgot to calculate finals burnout into that equation. I barely even care anymore.


This.


Ugh. Ditto. Had a review session today and felt like a moron, but can't even be bothered anymore.

jjlaw
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Re: 1L Exam Prep and Motivation Thread

Postby jjlaw » Sun Dec 18, 2011 6:03 pm

queenlizzie13 wrote:
adonai wrote:
thesteelers wrote:
adonai wrote:Just pulled a 6000er in a 2 hr. exam. I am exhausted.


WHAT.

There were literally 20+ issues, for what it's worth. I'm not even sure I spotted all of them, either.


Crazy. I pulled over 6k twice (first and last exams) but the exams were three hours. Still don't think I hit every issue either there were so many in both exams (torts and contracts).


What about 4800 in 2hrs? I didn't repeat a lot of rules just said something like "see question 1," but who knows about my analysis? :roll: how does a professor know if an analysis is "good?"

thegrayman
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Re: 1L Exam Prep and Motivation Thread

Postby thegrayman » Sun Dec 18, 2011 6:27 pm

a K for a rental car would be governed under common law, right? it's a good but you aren't buying it, so no UCC?

thesteelers
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Re: 1L Exam Prep and Motivation Thread

Postby thesteelers » Sun Dec 18, 2011 7:03 pm

@thegrayman: isn't that a bailment? So yeah, common law. Someone correct me if I'm wrong.

Of all the shittery that is finals week, I just remembered that I have done zero Christmas shopping for the family and am leaving town as soon as my last exam ends. I guess I'll just buy beers for everyone when I get home?

adonai
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Re: 1L Exam Prep and Motivation Thread

Postby adonai » Sun Dec 18, 2011 7:34 pm

thegrayman wrote:a K for a rental car would be governed under common law, right? it's a good but you aren't buying it, so no UCC?

Not exactly sure. Is this out of a hypo? If so, there may be no clear answer and your prof. may be trying to have you analyze it. I could see it being both a service (letting you borrow the car) or a good. I don't think I've encountered anything about possession/ownership/custody in the UCC before. It may be addressed in some obscure footnote in UCC 2-105 somewhere

thegrayman
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Re: 1L Exam Prep and Motivation Thread

Postby thegrayman » Sun Dec 18, 2011 7:36 pm

adonai wrote:
thegrayman wrote:a K for a rental car would be governed under common law, right? it's a good but you aren't buying it, so no UCC?

Not exactly sure. Is this out of a hypo? If so, there may be no clear answer and your prof. may be trying to have you analyze it. I could see it being both a service (letting you borrow the car) or a good. I don't think I've encountered anything about possession/ownership/custody in the UCC before. It may be addressed in some obscure footnote in UCC 2-105 somewhere


yeah I was thinking that because UCC is sales of goods that it wouldn't fall under that since it isn't a sale, just a borrowing. I *think* the E&E said that it requires passage of title, I'll have to look at up again.

thesteelers
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Re: 1L Exam Prep and Motivation Thread

Postby thesteelers » Sun Dec 18, 2011 8:12 pm

So are there basically only 8 ways you can K?

1. Unilateral w/Consideration, revocable
2. Bilateral w/Consideration, revocable
3. Ambiguous (uni or bi) w/Consideration, revocable
4. Unilateral w/Consideration, irrevocable
5. Bilateral w/Consideration, irrevocable
6. Ambiguous (uni or bi), w/Consideration, irrevocable
7. Promissory Estoppel
8. Past Consideration/Moral Obligation

FYI, I think this makes no sense at all. I don't know what I'm talking about and I don't understand anything.

adonai
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Re: 1L Exam Prep and Motivation Thread

Postby adonai » Sun Dec 18, 2011 8:20 pm

thesteelers wrote:So are there basically only 8 ways you can K?

1. Unilateral w/Consideration, revocable
2. Bilateral w/Consideration, revocable
3. Ambiguous (uni or bi) w/Consideration, revocable
4. Unilateral w/Consideration, irrevocable
5. Bilateral w/Consideration, irrevocable
6. Ambiguous (uni or bi), w/Consideration, irrevocable
7. Promissory Estoppel
8. Past Consideration/Moral Obligation

FYI, I think this makes no sense at all. I don't know what I'm talking about and I don't understand anything.

past consideration/moral obligation is never consideration, so you cannot K that way. Promissory estoppel is just another method to enforce a K. If your prof taught Ks this way, I would be terribly confused as well. Our prof never taught us to break it down by bilateral/unilateral K, but instead told us to look at it in terms of offer, acceptance, consideration. That might be easier for you. Only time we make the bilateral/unilateral distinction is when there is revocation, to see if it can be revoked or not depending on what type of K it is.

thesteelers
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Re: 1L Exam Prep and Motivation Thread

Postby thesteelers » Sun Dec 18, 2011 8:25 pm

Lol no, my prof taught the offer, acceptance, consideration route as well, but there are so many forks that I just basically tried following each fork/prong/thingie to see how many possibilities exist. Not a productive idea? I don't even know anymore...

Oh and I meant that past consideration is a valid substitute, like promissory estoppel, to enforce a K on.

Moar coffee.

BlueDiamond
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Re: 1L Exam Prep and Motivation Thread

Postby BlueDiamond » Sun Dec 18, 2011 8:44 pm

thesteelers wrote:Lol no, my prof taught the offer, acceptance, consideration route as well, but there are so many forks that I just basically tried following each fork/prong/thingie to see how many possibilities exist. Not a productive idea? I don't even know anymore...

Oh and I meant that past consideration is a valid substitute, like promissory estoppel, to enforce a K on.

Moar coffee.


Section 1?.. if so, I've all but given up.. tried to teach myself the entire class today and everything beyond offer, acceptance, and consideration is a total blur... if not section 1 ignore this i guess haha

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dabomb75
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Re: 1L Exam Prep and Motivation Thread

Postby dabomb75 » Sun Dec 18, 2011 9:00 pm

civ pro only one left for me as well. Going to be a glorious day when that last final is over

thesteelers
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Re: 1L Exam Prep and Motivation Thread

Postby thesteelers » Sun Dec 18, 2011 9:05 pm

BlueDiamond wrote:
thesteelers wrote:Lol no, my prof taught the offer, acceptance, consideration route as well, but there are so many forks that I just basically tried following each fork/prong/thingie to see how many possibilities exist. Not a productive idea? I don't even know anymore...

Oh and I meant that past consideration is a valid substitute, like promissory estoppel, to enforce a K on.

Moar coffee.


Section 1?.. if so, I've all but given up.. tried to teach myself the entire class today and everything beyond offer, acceptance, and consideration is a total blur... if not section 1 ignore this i guess haha


nope, different section, but I understand basically nothing even though I read everything. Guess who is going to fail Ks?

thegrayman
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Re: 1L Exam Prep and Motivation Thread

Postby thegrayman » Sun Dec 18, 2011 9:14 pm

can you recover both exp. and rel. damages for a K?

still murky on this one

BlueDiamond
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Re: 1L Exam Prep and Motivation Thread

Postby BlueDiamond » Sun Dec 18, 2011 9:21 pm

thesteelers wrote:
BlueDiamond wrote:
thesteelers wrote:Lol no, my prof taught the offer, acceptance, consideration route as well, but there are so many forks that I just basically tried following each fork/prong/thingie to see how many possibilities exist. Not a productive idea? I don't even know anymore...

Oh and I meant that past consideration is a valid substitute, like promissory estoppel, to enforce a K on.

Moar coffee.


Section 1?.. if so, I've all but given up.. tried to teach myself the entire class today and everything beyond offer, acceptance, and consideration is a total blur... if not section 1 ignore this i guess haha


nope, different section, but I understand basically nothing even though I read everything. Guess who is going to fail Ks?


ill go with both of us

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theavrock
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Re: 1L Exam Prep and Motivation Thread

Postby theavrock » Sun Dec 18, 2011 10:09 pm

thegrayman wrote:can you recover both exp. and rel. damages for a K?

still murky on this one


Yes you can

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bostonlawchick
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Re: 1L Exam Prep and Motivation Thread

Postby bostonlawchick » Sun Dec 18, 2011 11:11 pm

BlueDiamond wrote:
thesteelers wrote:
BlueDiamond wrote:
thesteelers wrote:Lol no, my prof taught the offer, acceptance, consideration route as well, but there are so many forks that I just basically tried following each fork/prong/thingie to see how many possibilities exist. Not a productive idea? I don't even know anymore...

Oh and I meant that past consideration is a valid substitute, like promissory estoppel, to enforce a K on.

Moar coffee.


Section 1?.. if so, I've all but given up.. tried to teach myself the entire class today and everything beyond offer, acceptance, and consideration is a total blur... if not section 1 ignore this i guess haha


nope, different section, but I understand basically nothing even though I read everything. Guess who is going to fail Ks?


ill go with both of us



You can throw me in as well. I'm totally not ready for Tuesday.

BlueDiamond
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Re: 1L Exam Prep and Motivation Thread

Postby BlueDiamond » Sun Dec 18, 2011 11:27 pm

its a pretty big mix of nervousness and no longer caring for me.. my worry at this point isnt that I'll get anything wrong but instead that I actually know so little about Ks that I won't have nearly enough to write during the exam haha

marmot8
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Re: 1L Exam Prep and Motivation Thread

Postby marmot8 » Sun Dec 18, 2011 11:42 pm

BlueDiamond wrote:its a pretty big mix of nervousness and no longer caring for me.. my worry at this point isnt that I'll get anything wrong but instead that I actually know so little about Ks that I won't have nearly enough to write during the exam haha


this.




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