1L Exam Prep and Motivation Thread

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MrPapagiorgio
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Re: 1L Exam Prep and Motivation Thread

Postby MrPapagiorgio » Mon Apr 09, 2012 11:49 pm

dabomb75 wrote:
thegrayman wrote:Oral argument done! Judge hated me, but who cares, I'm done :)

Whew, that exercise sucked!


+1 to both parts

Got mine Thursday. It's just 10% of my LRW grade and only 12 minutes of my life. Don't get why people stress about it. But it will still be nice to get it over with.

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crossarmant
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Re: 1L Exam Prep and Motivation Thread

Postby crossarmant » Mon Apr 09, 2012 11:58 pm

MrPapagiorgio wrote:
dabomb75 wrote:
thegrayman wrote:Oral argument done! Judge hated me, but who cares, I'm done :)

Whew, that exercise sucked!


+1 to both parts

Got mine Thursday. It's just 10% of my LRW grade and only 12 minutes of my life. Don't get why people stress about it. But it will still be nice to get it over with.


Same here, but make it 20% (Though I doubt it even really factors in that much unless you really nail it or screw it up). I'm a very quiet and soft-spoken person so I'm really dreading my Oral Argument. My practice one in front of the TAs was absolutely terrible; like I've seen car crashes that were more graceful. I think I'm mostly worried about the shame, less so about the grade impact.

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Guchster
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Re: 1L Exam Prep and Motivation Thread

Postby Guchster » Tue Apr 10, 2012 12:13 am

I FOUND THE ANSWER! Turns out it was #73


Under the old doctrine of "destructibility of contingent remainders," B's future interest would be "destroyed" if the contingency were not removed (here, by marrying C) before the termination of the "supporting" life estate. However, under modern law she would be allowed to take as an executory interest if she still hadn't married C by the time the life come to an end.

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SilverE2
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Re: 1L Exam Prep and Motivation Thread

Postby SilverE2 » Tue Apr 10, 2012 12:20 am

crossarmant wrote:
MrPapagiorgio wrote:
dabomb75 wrote:
thegrayman wrote:Oral argument done! Judge hated me, but who cares, I'm done :)

Whew, that exercise sucked!


+1 to both parts

Got mine Thursday. It's just 10% of my LRW grade and only 12 minutes of my life. Don't get why people stress about it. But it will still be nice to get it over with.


Same here, but make it 20% (Though I doubt it even really factors in that much unless you really nail it or screw it up). I'm a very quiet and soft-spoken person so I'm really dreading my Oral Argument. My practice one in front of the TAs was absolutely terrible; like I've seen car crashes that were more graceful. I think I'm mostly worried about the shame, less so about the grade impact.


Oh wow that sucks guys. Ours was only 5% and that was enough for me.

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dabomb75
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Re: 1L Exam Prep and Motivation Thread

Postby dabomb75 » Tue Apr 10, 2012 12:24 am

crossarmant wrote:
MrPapagiorgio wrote:
dabomb75 wrote:
thegrayman wrote:Oral argument done! Judge hated me, but who cares, I'm done :)

Whew, that exercise sucked!


+1 to both parts

Got mine Thursday. It's just 10% of my LRW grade and only 12 minutes of my life. Don't get why people stress about it. But it will still be nice to get it over with.


Same here, but make it 20% (Though I doubt it even really factors in that much unless you really nail it or screw it up). I'm a very quiet and soft-spoken person so I'm really dreading my Oral Argument. My practice one in front of the TAs was absolutely terrible; like I've seen car crashes that were more graceful. I think I'm mostly worried about the shame, less so about the grade impact.


yea, for me it was mostly the shame lol. LRW is pass/fail for us, but it still feels shitty to crash and burn, especially when you know you crashed and burned, everyone else knows you crashed and burned, but nobody wants to say it to your face. Oh well, over with and back to the normal studying grind.

Exactly 2 weeks before the first final!

TB12
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Re: 1L Exam Prep and Motivation Thread

Postby TB12 » Tue Apr 10, 2012 7:40 am

Is anyone just feeling like they have zero motivation to do work? First semester I actually found this stuff enjoyable, and now I just want to throw all my books in the corner and play Iphone games.

And I'm sure there are people who didn't do well last semester who are busting their asses too. Oh well.

dreakol
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Re: 1L Exam Prep and Motivation Thread

Postby dreakol » Tue Apr 10, 2012 10:36 am

TB12 wrote:Is anyone just feeling like they have zero motivation to do work? First semester I actually found this stuff enjoyable, and now I just want to throw all my books in the corner and play Iphone games.

And I'm sure there are people who didn't do well last semester who are busting their asses too. Oh well.


oh hai me

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crossarmant
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Re: 1L Exam Prep and Motivation Thread

Postby crossarmant » Tue Apr 10, 2012 5:09 pm

TB12 wrote:Is anyone just feeling like they have zero motivation to do work? First semester I actually found this stuff enjoyable, and now I just want to throw all my books in the corner and play Iphone games.

And I'm sure there are people who didn't do well last semester who are busting their asses too. Oh well.


I keep trying to focus. I'll sit down with my books and start going over stuff, open my outlines, etc... then I get this overwhelming urge to wander Youtube or Reddit for hours. The worst is when I go to the library and am working but I keep having a full mind of wandering thoughts and just cannot focus on the material.

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alicrimson
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Re: 1L Exam Prep and Motivation Thread

Postby alicrimson » Tue Apr 10, 2012 6:36 pm

[quote=

+1 to both parts[/quote]
Got mine Thursday. It's just 10% of my LRW grade and only 12 minutes of my life. Don't get why people stress about it. But it will still be nice to get it over with.[/quote]

Same here, but make it 20% (Though I doubt it even really factors in that much unless you really nail it or screw it up). I'm a very quiet and soft-spoken person so I'm really dreading my Oral Argument. My practice one in front of the TAs was absolutely terrible; like I've seen car crashes that were more graceful. I think I'm mostly worried about the shame, less so about the grade impact.[/quote]

Oh wow that sucks guys. Ours was only 5% and that was enough for me.[/quote]

Ours is today. Allegedly it doesn't count towards our grades. My prof isn't there and no one hears it but the judges and ta's but I still don't know if it doesn't factor because the judges still rate our performance. I'm a bit nervous about it, mainly because it is on the Individual Mandate, but I'm trying to convince myself it doesn't matter in the grand scheme of things. My practices were pretty horrendous. Really hoping that doesn't happen again but I truthfully haven't practiced enough to guarantee it. lol. Well, its at 8 so if I don't post anymore, I've spontaneously combusted from the shame.

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Tue Apr 10, 2012 7:43 pm

Am I the only one who thought oral arguments was actually kind of fun? :oops: I was really nervous for the first two minutes, but then I felt like the back and forth was pretty cool.

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Sapientia
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Re: 1L Exam Prep and Motivation Thread

Postby Sapientia » Tue Apr 10, 2012 7:59 pm

ilovesf wrote:Am I the only one who thought oral arguments was actually kind of fun? :oops: I was really nervous for the first two minutes, but then I felt like the back and forth was pretty cool.


Exact same feeling here. I enjoyed the pedagogical nature of it and wouldn't mind doing it again. It was nerveracking for the first minute or so, though.

adonai
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Re: 1L Exam Prep and Motivation Thread

Postby adonai » Tue Apr 10, 2012 8:08 pm

Anybody have any tips for torts exams? It seems there aren't any clear cut rules/elements involved, so I am wondering if there is a certain approach to doing well.

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Tue Apr 10, 2012 8:09 pm

adonai wrote:Anybody have any tips for torts exams? It seems there aren't any clear cut rules/elements involved, so I am wondering if there is a certain approach to doing well.

Wat? Basically everything on my exam was about elements.

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MrPapagiorgio
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Re: 1L Exam Prep and Motivation Thread

Postby MrPapagiorgio » Tue Apr 10, 2012 8:25 pm

ilovesf wrote:
adonai wrote:Anybody have any tips for torts exams? It seems there aren't any clear cut rules/elements involved, so I am wondering if there is a certain approach to doing well.

Wat? Basically everything on my exam was about elements.

Yea wut? Torts, out of all the 1L doctrinal classes, may be the most straight-forward both intuitively and BLL-wise. The elements of intentional torts and negligence are pretty well-established. There may be some debate on products liability between jurisdictions, but you can get by on a test with the general elements.

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Sapientia
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Re: 1L Exam Prep and Motivation Thread

Postby Sapientia » Tue Apr 10, 2012 8:38 pm

MrPapagiorgio wrote:
ilovesf wrote:
adonai wrote:Anybody have any tips for torts exams? It seems there aren't any clear cut rules/elements involved, so I am wondering if there is a certain approach to doing well.

Wat? Basically everything on my exam was about elements.

Yea wut? Torts, out of all the 1L doctrinal classes, may be the most straight-forward both intuitively and BLL-wise. The elements of intentional torts and negligence are pretty well-established. There may be some debate on products liability between jurisdictions, but you can get by on a test with the general elements.


My prof isn't elements based, whatsoever. Very case heavy, and he wants our analysis on the exam to be fraught with analogies and distinctions from the cases. I've talked to him, and he said an elemental based approach (other than the obvious organizational benefit; e.g. neglignce) will not get you anywhere. So, I'm right there with you, adonai.

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Tue Apr 10, 2012 8:50 pm

Sapientia wrote:My prof isn't elements based, whatsoever. Very case heavy, and he wants our analysis on the exam to be fraught with analogies and distinctions from the cases. I've talked to him, and he said an elemental based approach (other than the obvious organizational benefit; e.g. neglignce) will not get you anywhere. So, I'm right there with you, adonai.

Sorry, that sucks. We had to use a case to show all of our elements so I had to memorize all of the cases. In our grade sheet, he literally gave people like .25 of a point for citing to a specific case. It was still all about elements though.

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alicrimson
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Re: 1L Exam Prep and Motivation Thread

Postby alicrimson » Tue Apr 10, 2012 9:35 pm

ilovesf wrote:Am I the only one who thought oral arguments was actually kind of fun? :oops: I was really nervous for the first two minutes, but then I felt like the back and forth was pretty cool.


I thought it was going to be awful, thought I did awful, and then got feedback. I apparently tricked the judge because he said that he was giving me straight fives (perfect score). I stumbled all over the place and felt like I was stretching rules to their breaking point but I guess they can't tell? Anywho, it has no impact on grades so expectations were probably pretty low.

adonai
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Re: 1L Exam Prep and Motivation Thread

Postby adonai » Tue Apr 10, 2012 9:36 pm

Sapientia wrote:
MrPapagiorgio wrote:
ilovesf wrote:
adonai wrote:Anybody have any tips for torts exams? It seems there aren't any clear cut rules/elements involved, so I am wondering if there is a certain approach to doing well.

Wat? Basically everything on my exam was about elements.

Yea wut? Torts, out of all the 1L doctrinal classes, may be the most straight-forward both intuitively and BLL-wise. The elements of intentional torts and negligence are pretty well-established. There may be some debate on products liability between jurisdictions, but you can get by on a test with the general elements.


My prof isn't elements based, whatsoever. Very case heavy, and he wants our analysis on the exam to be fraught with analogies and distinctions from the cases. I've talked to him, and he said an elemental based approach (other than the obvious organizational benefit; e.g. neglignce) will not get you anywhere. So, I'm right there with you, adonai.

My prof. is exactly the same. He deemphasizes rules/elements and says they don't even really matter and what matters is that you analogize them with cases. Negligence is like 90% of our class too, and all he kept repeating was the reasonable care standard which is just very broad to begin with. Don't really have a guideline as to work in this setting.

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sundance95
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Re: 1L Exam Prep and Motivation Thread

Postby sundance95 » Wed Apr 11, 2012 12:02 am

Guchster wrote:
FeelTheHeat wrote:
ilovesf wrote:I have changed my mind and I think it is an executory interest.


It's a contingent remainder. I don't have my property notes on me, but I'll come back and edit the post with my authority.


This is what I figured.

When a remainder is subject to a condition precedent on eligibility to take, it is always a contingent remainder. But what confused me, is that techincally, after A dies ( :( ) B could still marry C, which would then cause seisin to spring from the grantor (and hence an executory interest). But, I believe most places would say that once a contingent is destroyed, it is gone forever and void. So if B marries C after A dies the property has already reverted to the grantor, and nothing comes of Bs marriage because its too late.

Would it be possible in some jurisdictions for the condition precedent to survive (i.e., B marries C and gets the fee simple after A dies)? In that case, B's interest would become an executory one, right--cuz it's interrupting O's fee simple absolute?

Our casebook (Merrill and Smith) notes that only Florida has retained the destructibility of contingent remainders as a rule of law. In the majority of JDXs that have abandoned the destructibility of contingent remainders doctrine, it would be a contingent remainder, UNLESS A dies before B marries C, in which case courts would treat it as an executory interest. So in that sense, it can be either depending on the facts at the point in time that the court considers it. Think of it as quantum law. :D

I know that's weird, but under the majority rule, the contingent remainder/executory interest distinction is largely meaningless. Both are subject to the rule against perpetuities, and the only difference would be for an analysis of whether the adverse possession period has run against the future interest. By default contingent remainders are legal interests, and executory interests are equitable interests, so while you'd reference a statute of limitations for AP against a contingent remainder, you'd reference laches for AP against an executory interest. (this default can be altered though if the conveyance is accomplished through an equitable trust, which would render a contingent remainder an equitable interest.) However, the laches period is nearly always viewed in reference to the statutory period anyway, so it is usually a distinction in vocabulary and not substantive results.

This has been said often, but this all depends on your professor's approach-if what he or she is saying doesn't jive with the above then I'd say forget all about it. For example, the trust point is an awfully fine one, and depends a lot on how much your prof has gone into trusts and estates. My prof is as minimally formalist as Property permits, and basically told us to learn about trusts and estates in Trusts and Estates if we were interested, so I won't be worrying about it on our exam.

bartleby
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Re: 1L Exam Prep and Motivation Thread

Postby bartleby » Wed Apr 11, 2012 12:44 am

does your prof have examples of old exams? i have heard of professors who say one thing and then throw up a completely traditional exam. i am sure this is the exception

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Flips88
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Re: 1L Exam Prep and Motivation Thread

Postby Flips88 » Wed Apr 11, 2012 12:46 am

Today our con law prof said that we should go into our exam and to "not exercise any creative thought." Made the class lol.

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TheFutureLawyer
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Re: 1L Exam Prep and Motivation Thread

Postby TheFutureLawyer » Wed Apr 11, 2012 12:51 am

Wow. Looking at the Property discussion above, I feel fucked. And not in a good way either.


Anyway, had a question about Con Law and jurisdiction stripping. From what I can gather in Ex Parte McCardle and what not, Congress can strip SCOTUS (and all federal courts) of all appellate jurisdiction. (I'm guessing this is not right, but I don't get why). So Congress can pass a law saying "Ken DeLeon shall be arrested forever, and TLS shall be shutdown, cause fuck those guys. Oh, and no court shall have jurisdiction to review this law, cause fuck the courts too." (Again, I assume not, but I don't see why, reading the exceptions clause and McCardle).

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TheFutureLawyer
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Re: 1L Exam Prep and Motivation Thread

Postby TheFutureLawyer » Wed Apr 11, 2012 12:53 am

sundance95 wrote: My prof is as minimally formalist as Property permits, and basically told us to learn about trusts and estates in Trusts and Estates if we were interested, so I won't be worrying about it on our exam.


Was told trusts and estates would not be on exam.

Still knows more about trusts and estates than people (me) who have trusts and estates on exam.

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Flips88
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Re: 1L Exam Prep and Motivation Thread

Postby Flips88 » Wed Apr 11, 2012 12:56 am

TheFutureLawyer wrote:Wow. Looking at the Property discussion above, I feel fucked. And not in a good way either.


Anyway, had a question about Con Law and jurisdiction stripping. From what I can gather in Ex Parte McCardle and what not, Congress can strip SCOTUS (and all federal courts) of all appellate jurisdiction. (I'm guessing this is not right, but I don't get why). So Congress can pass a law saying "Ken DeLeon shall be arrested forever, and TLS shall be shutdown, cause fuck those guys. Oh, and no court shall have jurisdiction to review this law, cause fuck the courts too." (Again, I assume not, but I don't see why, reading the exceptions clause and McCardle).

We covered this briefly in my class so I'm not quite sure what the limits are, but reading Chemerinsky today about this and he seemed to say no matter what SCOTUS retains it's judicial review power on constitutionality.

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sundance95
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Re: 1L Exam Prep and Motivation Thread

Postby sundance95 » Wed Apr 11, 2012 1:02 am

TheFutureLawyer wrote:
sundance95 wrote: My prof is as minimally formalist as Property permits, and basically told us to learn about trusts and estates in Trusts and Estates if we were interested, so I won't be worrying about it on our exam.


Was told trusts and estates would not be on exam.

Still knows more about trusts and estates than people (me) who have trusts and estates on exam.

Sorry, was not meant to be a humblebrag. I literally had just read the relevant portion of my casebook and notes yesterday, so its not like all that was from off the top of my head. Check out Gilbert's: it's really awesome for pointing out the ways that the various doctrines link up.




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