1L Exam Prep and Motivation Thread

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Lasers
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Re: 1L Exam Prep and Motivation Thread

Postby Lasers » Mon Apr 23, 2012 3:19 pm

ilovesf wrote:taking a full timed ks practice test soon. i want to die.

i haven't even done that yet. i don't feel like i know enough...

ahhhh. contracts will be the end of me!

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drmguy
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Re: 1L Exam Prep and Motivation Thread

Postby drmguy » Mon Apr 23, 2012 3:25 pm

Lasers wrote:
ilovesf wrote:taking a full timed ks practice test soon. i want to die.

i haven't even done that yet. i don't feel like i know enough...

ahhhh. contracts will be the end of me!

Last semester I went from feeling like I was going to fail to understanding the material in one day. BTW, that wasn't studying for one day. After several days of studying and feeling like I was going nowhere it finally just clicked.

If you're putting in the effort you'll get there soon.

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crossarmant
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Re: 1L Exam Prep and Motivation Thread

Postby crossarmant » Mon Apr 23, 2012 3:44 pm

angrybird wrote:i remember that day in class

it went something like "yea, so a long time ago courts used to make a big deal about this thing called privity. i don't think anyone cares any more so let's just move on."


I wish that's how it was with us. I know in Contracts, my prof downplayed privity. Even in property when it came to beneficial Equitable Servitudes it was downplayed, but there was an entire question on one of my prof's past exams asking about leasehold privity, I'm just hoping it's not on this years... Though after the stupid amount of studying I did after realizing I was clueless about it, I kind of hope it is now.

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rocon7383
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Re: 1L Exam Prep and Motivation Thread

Postby rocon7383 » Mon Apr 23, 2012 3:48 pm

LOL

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FeelTheHeat
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Re: 1L Exam Prep and Motivation Thread

Postby FeelTheHeat » Mon Apr 23, 2012 4:05 pm

TTTLS wrote:
FeelTheHeat wrote:
TheFutureLawyer wrote:
beachbum wrote:I don't understand words anymore.

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crossarmant
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Re: 1L Exam Prep and Motivation Thread

Postby crossarmant » Mon Apr 23, 2012 4:25 pm

drmguy wrote:
Lasers wrote:
ilovesf wrote:taking a full timed ks practice test soon. i want to die.

i haven't even done that yet. i don't feel like i know enough...

ahhhh. contracts will be the end of me!

Last semester I went from feeling like I was going to fail to understanding the material in one day. BTW, that wasn't studying for one day. After several days of studying and feeling like I was going nowhere it finally just clicked.

If you're putting in the effort you'll get there soon.



What it felt like when CivPro finally clicked after days of studying:
Image

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drmguy
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Re: 1L Exam Prep and Motivation Thread

Postby drmguy » Mon Apr 23, 2012 4:27 pm

crossarmant wrote:
drmguy wrote:
Lasers wrote:
ilovesf wrote:taking a full timed ks practice test soon. i want to die.

i haven't even done that yet. i don't feel like i know enough...

ahhhh. contracts will be the end of me!

Last semester I went from feeling like I was going to fail to understanding the material in one day. BTW, that wasn't studying for one day. After several days of studying and feeling like I was going nowhere it finally just clicked.

If you're putting in the effort you'll get there soon.



What it felt like when CivPro finally clicked after days of studying:
Image

More like the second I shut freer after I finished reading it.

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Eugenie Danglars
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Re: 1L Exam Prep and Motivation Thread

Postby Eugenie Danglars » Mon Apr 23, 2012 4:34 pm

ConLaw down- wasn't terribile. and it's done. Forever.

On to property. what was that fee thing again? :-p

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$peppercorn
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Re: 1L Exam Prep and Motivation Thread

Postby $peppercorn » Mon Apr 23, 2012 5:16 pm

Checking in. First final in 9 days.

Metaread
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Re: 1L Exam Prep and Motivation Thread

Postby Metaread » Mon Apr 23, 2012 6:01 pm

crossarmant wrote:Also if anyone else wants to throw property questions out, I'm up for answering and getting others' answers.


You wanted a practice property question? Here is a short one:

James, a client of yours, owns two acres of land, Lots 1 and 2, on a mountainside. The two lots are contiguous, and Oscar lives in his house on Lot 1, which is higher in elevation than Lot 2. James is low on cash, so he is willing to sell Lot 2, but ONLY if he is certain that the future owner of Lot 2 will not do anything to impair the view from James' house looking out over the trees on Lot 2.
What are the options available to James, and what advice would you give him concerning each option?

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Extension_Cord
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Re: 1L Exam Prep and Motivation Thread

Postby Extension_Cord » Mon Apr 23, 2012 6:15 pm

Metaread wrote:
crossarmant wrote:Also if anyone else wants to throw property questions out, I'm up for answering and getting others' answers.


You wanted a practice property question? Here is a short one:

James, a client of yours, owns two acres of land, Lots 1 and 2, on a mountainside. The two lots are contiguous, and Oscar lives in his house on Lot 1, which is higher in elevation than Lot 2. James is low on cash, so he is willing to sell Lot 2, but ONLY if he is certain that the future owner of Lot 2 will not do anything to impair the view from James' house looking out over the trees on Lot 2.
What are the options available to James, and what advice would you give him concerning each option?


James, get a covenant brah.

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TTTLS
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Re: 1L Exam Prep and Motivation Thread

Postby TTTLS » Mon Apr 23, 2012 6:24 pm

Wow finals are really happening. :O

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crossarmant
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Re: 1L Exam Prep and Motivation Thread

Postby crossarmant » Mon Apr 23, 2012 6:24 pm

Metaread wrote:James, a client of yours, owns two acres of land, Lots 1 and 2, on a mountainside. The two lots are contiguous, and Oscar lives in his house on Lot 1, which is higher in elevation than Lot 2. James is low on cash, so he is willing to sell Lot 2, but ONLY if he is certain that the future owner of Lot 2 will not do anything to impair the view from James' house looking out over the trees on Lot 2.
What are the options available to James, and what advice would you give him concerning each option?


1) James could sell a conservation easement to an environmental group ensuring the preservation of the wild lands. However, he would have to be careful of potential adverse possessors of the property. This would be the most advisable for protecting the view, however James would likely not receive a great amount of income.
2) James could sell the land as a Fee Simple Determinable with the possibility of reverter if the land is built upon or if the builders are higher than "x" height which would obstruct his view. He may also do so with a Fee Simple Subject to Condition Subsequent, retaining a Right of Entry if they build in a way that obstructs his view. This could be desirable to James because he would retain a reversionary interest if his view was blocked, preventing further action for the buyers while retaining the purchase price, however he may not command as high of a price as would a FSA with a covenant.
3) James could sell the land to a buyer and enter into the deed a real covenant appurtenant or equitable servitude meant to run with the land (either would suffice since he is searching for injunctive relief in the event of a violation rather than damages) in which it is stipulated that a person has a negative covenant to not build to a certain height or to refrain from developing the lands. This would likely be the best choice for James in commanding the best sale value while retaining his view.
4) James could also create a leasehold estate in a lessor for the land with a real covenant or equitable servitude attached to the lease also prohibiting acts that would obstruct his view. This would also be a worthwhile choice since he would receive continued income from the lease while keeping his unobstructed view.

Anymore options I'm missing? My exam is closed book so I'm doing this all from memory.

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sundance95
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Re: 1L Exam Prep and Motivation Thread

Postby sundance95 » Mon Apr 23, 2012 6:28 pm

Extension_Cord wrote:
Metaread wrote:
crossarmant wrote:Also if anyone else wants to throw property questions out, I'm up for answering and getting others' answers.


You wanted a practice property question? Here is a short one:

James, a client of yours, owns two acres of land, Lots 1 and 2, on a mountainside. The two lots are contiguous, and Oscar lives in his house on Lot 1, which is higher in elevation than Lot 2. James is low on cash, so he is willing to sell Lot 2, but ONLY if he is certain that the future owner of Lot 2 will not do anything to impair the view from James' house looking out over the trees on Lot 2.
What are the options available to James, and what advice would you give him concerning each option?


James, get a covenant brah.

He could sell the property subject to a real covenant; J would want to ensure that an intent to run with the land was expressed in the transfer deed, and the transfer deed obviously would have to be recorded. He could also use a straw to record a negative easement w/lot 2 as the servient property to lot 1 as the dominant property prior to sale, if the JDX recognizes negative easements.

I guess the easement would be superior since the property interest would be definitively transferred to lot 1, whereas the real covenant might be invalidated at some point down the line if a court determines that the covenant no longer touches and concerns due to changed circumstances. Either could result in a reciprocal negative easement being implied on lot 1, right?
Last edited by sundance95 on Mon Apr 23, 2012 6:33 pm, edited 1 time in total.

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Flips88
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Re: 1L Exam Prep and Motivation Thread

Postby Flips88 » Mon Apr 23, 2012 6:30 pm

Since it apparently is not on ATL (shocker). Today our con law final started off with a case we were not responsible for knowing on our case ID portion. This was followed by being handed an issue spotter that was clearly a draft of an exam including the verbatim text of our Prof's 1999 exam, which is on our exam bank. It took them an hour to get the real one.

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sundance95
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Re: 1L Exam Prep and Motivation Thread

Postby sundance95 » Mon Apr 23, 2012 6:33 pm

crossarmant wrote:1) James could sell a conservation easement to an environmental group ensuring the preservation of the wild lands. However, he would have to be careful of potential adverse possessors of the property. This would be the most advisable for protecting the view, however James would likely not receive a great amount of income.
2) James could sell the land as a Fee Simple Determinable with the possibility of reverter if the land is built upon or if the builders are higher than "x" height which would obstruct his view. He may also do so with a Fee Simple Subject to Condition Subsequent, retaining a Right of Entry if they build in a way that obstructs his view. This could be desirable to James because he would retain a reversionary interest if his view was blocked, preventing further action for the buyers while retaining the purchase price, however he may not command as high of a price as would a FSA with a covenant.

Nice, didn't think of the conservation easement/FS options. FSSCS would have the bonus of being an interest that is unreachable by potential creditors. Conservation easement comes with some nice tax advantages as well.

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crossarmant
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Re: 1L Exam Prep and Motivation Thread

Postby crossarmant » Mon Apr 23, 2012 6:34 pm

sundance95 wrote:He could sell the property subject to a real covenant; J would want to ensure that an intent to run with the land was expressed in the transfer deed, and the transfer deed obviously would have to be recorded. He could also use a straw to record a negative easement w/lot 2 as the servient property to lot 1 as the dominant property prior to sale, if the JDX recognizes negative easements.

I guess the easement would be superior since the property interest would be definitively transferred to lot 1, whereas the real covenant might be invalidated at some point down the line if a court determines that the covenant is deemed to no longer touch and concern due to changed circumstances. Either could result in a reciprocal negative easement being implied on lot 1, right?


We never really covered negative easements. Our professor just said to more or less forget the term "negative easement" and just think of it as an E.S.

Also, I love this thread so much.

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Mon Apr 23, 2012 6:37 pm

Flips88 wrote:Since it apparently is not on ATL (shocker). Today our con law final started off with a case we were not responsible for knowing on our case ID portion. This was followed by being handed an issue spotter that was clearly a draft of an exam including the verbatim text of our Prof's 1999 exam, which is on our exam bank. It took them an hour to get the real one.

lol. how did it go once you got your real exam?

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Flips88
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Re: 1L Exam Prep and Motivation Thread

Postby Flips88 » Mon Apr 23, 2012 6:38 pm

ilovesf wrote:
Flips88 wrote:Since it apparently is not on ATL (shocker). Today our con law final started off with a case we were not responsible for knowing on our case ID portion. This was followed by being handed an issue spotter that was clearly a draft of an exam including the verbatim text of our Prof's 1999 exam, which is on our exam bank. It took them an hour to get the real one.

lol. how did it go once you got your real exam?

Not terrible. Though I always have no idea since it's curved.

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bk1
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Re: 1L Exam Prep and Motivation Thread

Postby bk1 » Mon Apr 23, 2012 6:39 pm

Flips88 wrote:Since it apparently is not on ATL (shocker). Today our con law final started off with a case we were not responsible for knowing on our case ID portion. This was followed by being handed an issue spotter that was clearly a draft of an exam including the verbatim text of our Prof's 1999 exam, which is on our exam bank. It took them an hour to get the real one.


Crim law midterm is a much more interesting story.

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sundance95
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Re: 1L Exam Prep and Motivation Thread

Postby sundance95 » Mon Apr 23, 2012 6:39 pm

crossarmant wrote:Also, I love this thread so much.

+1. Moar property probs plz

leefair123
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Re: 1L Exam Prep and Motivation Thread

Postby leefair123 » Mon Apr 23, 2012 6:45 pm

con law down three to go next up Ks

bartleby
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Re: 1L Exam Prep and Motivation Thread

Postby bartleby » Mon Apr 23, 2012 6:56 pm

10 days till first final. Pretty excited.

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Shammis
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Re: 1L Exam Prep and Motivation Thread

Postby Shammis » Mon Apr 23, 2012 7:18 pm

Sitting in one of the final classes of CivPro...and the things my prof says are basically jibberish to me. Thank god for outline banks.

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Hannibal
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Re: 1L Exam Prep and Motivation Thread

Postby Hannibal » Mon Apr 23, 2012 8:03 pm

One more day and I'll only have one more exam where I'll have no idea what I'm doing.




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