1L Exam Prep and Motivation Thread

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TheFutureLawyer
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Re: 1L Exam Prep and Motivation Thread

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

Flips88 wrote:
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.


Thing is, judicial review falls under appellate jurisdiction. We know this because there are only two types: original and appellate. Original only consists of cases affecting ambassadors, ministers, and where a state is a party. "all other cases" fall under appellate jurisdiction. So, wtf is going on with this stupid exceptions clause? Not only does it appear to have the potential to turn the United States into a dystopian landscape of unlimited Congressional power, but it's also fucking with my head before my Con Law exam.

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Wed Apr 11, 2012 1:17 am

TheFutureLawyer wrote:
Flips88 wrote:
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.


Thing is, judicial review falls under appellate jurisdiction. We know this because there are only two types: original and appellate. Original only consists of cases affecting ambassadors, ministers, and where a state is a party. "all other cases" fall under appellate jurisdiction. So, wtf is going on with this stupid exceptions clause? Not only does it appear to have the potential to turn the United States into a dystopian landscape of unlimited Congressional power, but it's also fucking with my head before my Con Law exam.

From what I understand this is the general rule. SCOTUS has made exceptions to this in two cases though, US v. Klein and Boumediene v. Bush.

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NYC Law
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Re: 1L Exam Prep and Motivation Thread

Postby NYC Law » Wed Apr 11, 2012 1:19 am

Is it possible to learn contracts and legreg in 3 weeks?

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Lasers
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Re: 1L Exam Prep and Motivation Thread

Postby Lasers » Wed Apr 11, 2012 4:00 am

TheFutureLawyer wrote:
Flips88 wrote:
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.


Thing is, judicial review falls under appellate jurisdiction. We know this because there are only two types: original and appellate. Original only consists of cases affecting ambassadors, ministers, and where a state is a party. "all other cases" fall under appellate jurisdiction. So, wtf is going on with this stupid exceptions clause? Not only does it appear to have the potential to turn the United States into a dystopian landscape of unlimited Congressional power, but it's also fucking with my head before my Con Law exam.

in short, it seems yes, that could happen.

it essentially depends on how broadly you read the case. if you read it broadly: congress can totally remove the court's jurisdiction in regards to cases about TLS,abortion, etc.

if you read it narrowly, you can say mccardle was only an instance of congress taking away one of two avenues for review; the supreme court still had appellate power through habeas review via the 1789 judiciary act. so essentially, congress never really precluded the supreme court at all in that case.

or, on the exam, you can read it both ways, which would probably yield the most points.

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lifestooquick
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Re: 1L Exam Prep and Motivation Thread

Postby lifestooquick » Wed Apr 11, 2012 9:05 am

NYC Law wrote:Is it possible to learn contracts and legreg in 3 weeks?

I hope so :|

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Stringer6
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Re: 1L Exam Prep and Motivation Thread

Postby Stringer6 » Wed Apr 11, 2012 9:22 am

NYC Law wrote:Is it possible to learn contracts and legreg in 3 weeks?


good news is you have over a month to learn Ks, and almost a month to learn leg-reg.

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crossarmant
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Re: 1L Exam Prep and Motivation Thread

Postby crossarmant » Wed Apr 11, 2012 10:48 am

Does anyone know of some good resources for flowcharts for Crim and ConLaw? Flowcharts seem to help me more than anything else with exams.

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reasonable troll
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Re: 1L Exam Prep and Motivation Thread

Postby reasonable troll » Wed Apr 11, 2012 2:08 pm

0/3 on civ pro attendance this week. yikes/not really, haven't learned anything in the classes i have attended.

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FeelTheHeat
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Re: 1L Exam Prep and Motivation Thread

Postby FeelTheHeat » Wed Apr 11, 2012 4:40 pm

I've been looking for every excuse not to outline property. 40 minutes and counting.

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Lasers
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Re: 1L Exam Prep and Motivation Thread

Postby Lasers » Wed Apr 11, 2012 6:58 pm

crossarmant wrote:Does anyone know of some good resources for flowcharts for Crim and ConLaw? Flowcharts seem to help me more than anything else with exams.

i don't even know how a flowchart for con law would work?

maybe i'm not imaginative enough...i just try and memorize shit. haha. :x

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Wed Apr 11, 2012 7:03 pm

Lasers wrote:
crossarmant wrote:Does anyone know of some good resources for flowcharts for Crim and ConLaw? Flowcharts seem to help me more than anything else with exams.

i don't even know how a flowchart for con law would work?

maybe i'm not imaginative enough...i just try and memorize shit. haha. :x

I could imagine some sort of flow chart for the dormant commerce clause pike or philadelphia v nj balancing tests, but that's about it. Our professor kind of drew one on the board one day.

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FeelTheHeat
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Re: 1L Exam Prep and Motivation Thread

Postby FeelTheHeat » Wed Apr 11, 2012 7:05 pm

An intravenous injection of adderall couldn't help me focus today. Fucking christ.

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Lasers
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Re: 1L Exam Prep and Motivation Thread

Postby Lasers » Wed Apr 11, 2012 7:17 pm

ilovesf wrote:
Lasers wrote:
crossarmant wrote:Does anyone know of some good resources for flowcharts for Crim and ConLaw? Flowcharts seem to help me more than anything else with exams.

i don't even know how a flowchart for con law would work?

maybe i'm not imaginative enough...i just try and memorize shit. haha. :x

I could imagine some sort of flow chart for the dormant commerce clause pike or philadelphia v nj balancing tests, but that's about it. Our professor kind of drew one on the board one day.

hmm; i need to look at philly v. nj again. haven't gotten that far in my review...

i don't even remember that case besides it having to do with garbage.

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Lasers
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Re: 1L Exam Prep and Motivation Thread

Postby Lasers » Wed Apr 11, 2012 7:18 pm

FeelTheHeat wrote:An intravenous injection of adderall couldn't help me focus today. Fucking christ.

same...i can't do anything. feels like i'm just wasting time. maybe i'll take a nap.

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crossarmant
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Re: 1L Exam Prep and Motivation Thread

Postby crossarmant » Wed Apr 11, 2012 7:25 pm

Lasers wrote:
crossarmant wrote:Does anyone know of some good resources for flowcharts for Crim and ConLaw? Flowcharts seem to help me more than anything else with exams.

i don't even know how a flowchart for con law would work?

maybe i'm not imaginative enough...i just try and memorize shit. haha. :x


I ask because I came across this one in a CALI lesson and thought it could be useful to flesh upon. Was wondering if anyone else has anything like this:

Image

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Wed Apr 11, 2012 7:30 pm

^ That makes me want to cry.

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sundance95
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Re: 1L Exam Prep and Motivation Thread

Postby sundance95 » Wed Apr 11, 2012 7:31 pm

Isn't that a preemption analysis? Feel bad if y'all got to do this in ConLaw, I think we cover that in Fed Courts.

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FeelTheHeat
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Re: 1L Exam Prep and Motivation Thread

Postby FeelTheHeat » Wed Apr 11, 2012 7:31 pm

<----- Not covering dormant commerce clause

--ImageRemoved--

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Wed Apr 11, 2012 7:33 pm

sundance95 wrote:Isn't that a preemption analysis? Feel bad if y'all got to do this in ConLaw, I think we cover that in Fed Courts.

not the part on the right with discrimination against ISC

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Wed Apr 11, 2012 7:34 pm

FeelTheHeat wrote:<----- Not covering dormant commerce clause

I feel like if I could go back a year I'd choose a school based on what con law covers and whether con law was a required course.

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crossarmant
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Re: 1L Exam Prep and Motivation Thread

Postby crossarmant » Wed Apr 11, 2012 7:40 pm

So, I'll take it as a "No" that anyone else has flowcharts for ConLaw or Crim....

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

Postby Gecko of Doom » Wed Apr 11, 2012 8:12 pm

ilovesf wrote:
FeelTheHeat wrote:<----- Not covering dormant commerce clause

I feel like if I could go back a year I'd choose a school based on what con law covers and whether con law was a required course.

About two-thirds of my Con Law class has been over equal protection. I'm trying to decide whether that's a good or bad thing.

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Eugenie Danglars
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Re: 1L Exam Prep and Motivation Thread

Postby Eugenie Danglars » Wed Apr 11, 2012 8:38 pm

FeelTheHeat wrote:<----- Not covering dormant commerce clause

--ImageRemoved--


You're lucky. The rest of the material I can follow, if not fully understand. But that one...whew. No idea.

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dabomb75
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Re: 1L Exam Prep and Motivation Thread

Postby dabomb75 » Wed Apr 11, 2012 8:40 pm

30 minute nap turned into a 4 hour nap.....Not sure that even qualifies as a nap anymore, might have just been "sleep"

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SilverE2
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Re: 1L Exam Prep and Motivation Thread

Postby SilverE2 » Wed Apr 11, 2012 9:30 pm

Gecko of Doom wrote:
ilovesf wrote:
FeelTheHeat wrote:<----- Not covering dormant commerce clause

I feel like if I could go back a year I'd choose a school based on what con law covers and whether con law was a required course.

About two-thirds of my Con Law class has been over equal protection. I'm trying to decide whether that's a good or bad thing.


My school is getting rid of Con Law for 1Ls. If I would have known I would have deferred a year, fml.




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