1L Exam Prep and Motivation Thread

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

Postby Gecko of Doom » Mon Dec 19, 2011 9:15 pm

Joining the anti-Contracts club. It will be my last final and is accompanied by a mix of joy, dread, relief, apathy, and, above all, a creeping sense of numbness.

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orm518
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Re: 1L Exam Prep and Motivation Thread

Postby orm518 » Mon Dec 19, 2011 9:18 pm

bostonlawchick wrote:To hell with this subject, I'm going ino personal injury law. Torts was cake compared to this.


I'm thinking of opening a small practice with this guy: http://www.youtube.com/watch?v=mwWAsNZTnug

BlueDiamond
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Re: 1L Exam Prep and Motivation Thread

Postby BlueDiamond » Mon Dec 19, 2011 9:19 pm

cant decide if i should teach myself the statute of frauds, illegality, impracticability, frustration of purpose, and third party beneficiaries OR watch monday night football and try and fit every answer in under what i already (barely) know

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cinephile
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Re: 1L Exam Prep and Motivation Thread

Postby cinephile » Mon Dec 19, 2011 9:20 pm

I'm nervous about Torts tomorrow. It's easier than the other substantive courses, which is why the exam is going to be harder. I think I'd prefer a difficult exam where everyone struggles compared to a straight-forward exam.

BlueDiamond
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Re: 1L Exam Prep and Motivation Thread

Postby BlueDiamond » Mon Dec 19, 2011 9:27 pm

oh heres a basic question that someone with an exam tm should know.. are impracticability and frustration of purpose implied into every K or do they have to be written in?

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cinephile
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Re: 1L Exam Prep and Motivation Thread

Postby cinephile » Mon Dec 19, 2011 9:28 pm

BlueDiamond wrote:oh heres a basic question that someone with an exam tm should know.. are impracticability and frustration of purpose implied into every K or do they have to be written in?


I think it's implied unless there's an allocation of this risk otherwise.

thesteelers
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Re: 1L Exam Prep and Motivation Thread

Postby thesteelers » Tue Dec 20, 2011 12:48 am

BlueDiamond wrote:oh heres a basic question that someone with an exam tm should know.. are impracticability and frustration of purpose implied into every K or do they have to be written in?


Don't trust me bro, but I think it's implied.

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northwood
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Re: 1L Exam Prep and Motivation Thread

Postby northwood » Tue Dec 20, 2011 9:30 am

BlueDiamond wrote:oh heres a basic question that someone with an exam tm should know.. are impracticability and frustration of purpose implied into every K or do they have to be written in?


to answer your question they are implied. However, they are difficult to prove, and courts are hesitant to grant them. To prove impracticability you need to prove all 3 of these elements
1. A contingentcy- something must have occurred that was unexpected
2. Risk of the unexpected occurrance must not have been allocate by either party either by agreement or by industry custom
3. Commercialy impractiable- performance because of this unexpected occurrance is legally impracticable ( or an impossibility)


frustration of purpose: the contract can be set aside. Rule: performance of the K is possible, but the expected value of the performance by one or most often both parties seeking to be excused is destroyed by a tortious event. this tortious event was superseeding and out of control of borht parties. ( courts look at extrinsic evidence and circumstantial circumstances surrounding the formation of the contract)

Parties can sometimes plan for this by invoking a force majur clause. if they write one in, then if the event falls within the force majur parameters in the K, it can be set aside for an agreed upon length of time,and if suspension is the best choice remedy for a period longer than the agreed upon length of time ( think epic disaster occurred) then the K can be suspended longer, or both parties cna set it aside

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lifestooquick
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Re: 1L Exam Prep and Motivation Thread

Postby lifestooquick » Tue Dec 20, 2011 9:36 am

Last exam time. Just a few hours until I'm free!!!

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theavrock
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Re: 1L Exam Prep and Motivation Thread

Postby theavrock » Wed Dec 21, 2011 3:59 pm

Anyone else out there still have exams??

Last one is on Friday.

Cannot. Fucking. Wait

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northwood
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Re: 1L Exam Prep and Motivation Thread

Postby northwood » Wed Dec 21, 2011 4:04 pm

tomorrow is my last final. in exactly 24 hours from this moment onto blackoutdrunkville i will be

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MrPapagiorgio
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Re: 1L Exam Prep and Motivation Thread

Postby MrPapagiorgio » Wed Dec 21, 2011 4:06 pm

northwood wrote:tomorrow is my last final. in exactly 24 hours from this moment onto blackoutdrunkville i will be

Slowly recovering from blackoutdrunkville myself

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NYC Law
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Re: 1L Exam Prep and Motivation Thread

Postby NYC Law » Wed Dec 21, 2011 8:29 pm

I had a nightmare last night that I got my long memo back and got a C-. I woke up in a panic. Words cannot describe how elated I was when I figured out it was just a dream.

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Gemini
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Re: 1L Exam Prep and Motivation Thread

Postby Gemini » Wed Dec 21, 2011 8:34 pm

NYC Law wrote:I had a nightmare last night that I got my long memo back and got a C-. I woke up in a panic. Words cannot describe how elated I was when I figured out it was just a dream.


Can we spend like... a week without beginning to think about grades?

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NYC Law
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Re: 1L Exam Prep and Motivation Thread

Postby NYC Law » Wed Dec 21, 2011 11:23 pm

Gemini wrote:
NYC Law wrote:I had a nightmare last night that I got my long memo back and got a C-. I woke up in a panic. Words cannot describe how elated I was when I figured out it was just a dream.


Can we spend like... a week without beginning to think about grades?


But...But... This is the exam thread, I thought this was a safe place. Not like I was consciously thinking about them.

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booboo
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Re: 1L Exam Prep and Motivation Thread

Postby booboo » Wed Dec 21, 2011 11:31 pm

NYC Law wrote:
Gemini wrote:
NYC Law wrote:I had a nightmare last night that I got my long memo back and got a C-. I woke up in a panic. Words cannot describe how elated I was when I figured out it was just a dream.


Can we spend like... a week without beginning to think about grades?


But...But... This is the exam thread, I thought this was a safe place. Not like I was consciously thinking about them.


That's actually part of the problem.

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alicrimson
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Re: 1L Exam Prep and Motivation Thread

Postby alicrimson » Thu Mar 15, 2012 8:04 pm

Is it too early to start this thread back up again? I remember I greatly enjoyed it last semester and we're about at that point in the semester where there's a bit less than a month less. I feel like I haven't really done anything. It still feels early but I know that its not. I guess this month plus is going to be a grind. I feel like I'm not the only one. Last semester everyone was talking cases in the hallway, bragging about supplements, and attending tutoring. This semester? Not so much. I suppose its go time. I've been lax with my supplements, have kept up in reading, and have spent a good amount of time connecting the cases. Gah...I can't believe its crack down time again already. Plus con law. Going to be a bitch mother for sure.

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Thu Mar 15, 2012 8:08 pm

Noooooooooooooooooo :(

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Thu Mar 15, 2012 8:09 pm

Oh yeah, taking a midterm as I write this. 30% of my grade. Not good.

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alicrimson
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Re: 1L Exam Prep and Motivation Thread

Postby alicrimson » Thu Mar 15, 2012 8:11 pm

ilovesf wrote:Oh yeah, taking a midterm as I write this. 30% of my grade. Not good.



I'm sure you'll do wonderfully! :D I begin exam ramp up time. 39 days and 10 hours until finals begin. I have been a big slacker this semester. Tomorrow marks the beginning of my least favorite thing.

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ph14
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Re: 1L Exam Prep and Motivation Thread

Postby ph14 » Thu Mar 15, 2012 8:12 pm

Can't be this time again. But I think we only have a month left of classes, wow. Probably will wait a couple of weeks before I actually start to get back into exam preparation mode. Need to finish this brief first though.

Villanova3
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Re: 1L Exam Prep and Motivation Thread

Postby Villanova3 » Thu Mar 15, 2012 8:13 pm

Kill me now.

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MrPapagiorgio
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Re: 1L Exam Prep and Motivation Thread

Postby MrPapagiorgio » Thu Mar 15, 2012 8:13 pm

Curse you for making me check when my first final is :). May 1st. When I realized that is only 45 days away, I almost wanted to go vomit. Can't believe we only have 5 1/2 weeks left of classes.
Last edited by MrPapagiorgio on Thu Mar 15, 2012 8:15 pm, edited 1 time in total.

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ph14
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Re: 1L Exam Prep and Motivation Thread

Postby ph14 » Thu Mar 15, 2012 8:14 pm

MrPapagiorgio wrote:Curse you for making me check when my first final is :). May 1st. When I realized that is only 45 days away, I almost wanted to go vomit.


Ugh. But looking on the bright side, only 1 and 1/2 more months of 1L...

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alicrimson
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Re: 1L Exam Prep and Motivation Thread

Postby alicrimson » Thu Mar 15, 2012 8:15 pm

MrPapagiorgio wrote:Curse you for making me check when my first final is :). May 1st. When I realized that is only 45 days away, I almost wanted to go vomit.


You're welcome. :P




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