1L Exam Prep and Motivation Thread

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skw
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Re: 1L Exam Prep and Motivation Thread

Postby skw » Mon Apr 23, 2012 8:06 pm

Finished studying for con law today. I was ready for 9am tomorrow . . . BUT Obama is speaking at our school and due to the 'pressure' the news crews and secret service will put on campus WiFi, they're worried about outages, SOOOOOOO they just decided to reschedule Con Law for Thursday. Great. Fucking great.

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Mon Apr 23, 2012 8:08 pm

skw wrote:Finished studying for con law today. I was ready for 9am tomorrow . . . BUT Obama is speaking at our school and due to the 'pressure' the news crews and secret service will put on campus WiFi, they're worried about outages, SOOOOOOO they just decided to reschedule Con Law for Thursday. Great. Fucking great.

sorry, can't help but lol. I guess just try to think about this positively, more time to prepare.

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sundance95
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Re: 1L Exam Prep and Motivation Thread

Postby sundance95 » Mon Apr 23, 2012 8:19 pm

skw wrote:Finished studying for con law today. I was ready for 9am tomorrow . . . BUT Obama is speaking at our school and due to the 'pressure' the news crews and secret service will put on campus WiFi, they're worried about outages, SOOOOOOO they just decided to reschedule Con Law for Thursday. Great. Fucking great.

Obama rescheduled your ConLaw exam? I bet its not the first time he's done that.

bartleby
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Re: 1L Exam Prep and Motivation Thread

Postby bartleby » Mon Apr 23, 2012 8:22 pm

what are some SCOTUS issues besides the University of Texas crap and Obamacare

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angrybird
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Re: 1L Exam Prep and Motivation Thread

Postby angrybird » Mon Apr 23, 2012 8:25 pm

sundance95 wrote:
skw wrote:Finished studying for con law today. I was ready for 9am tomorrow . . . BUT Obama is speaking at our school and due to the 'pressure' the news crews and secret service will put on campus WiFi, they're worried about outages, SOOOOOOO they just decided to reschedule Con Law for Thursday. Great. Fucking great.

Obama rescheduled your ConLaw exam? I bet its not the first time he's done that.

he has no respect for the constitution

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reasonable troll
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Re: 1L Exam Prep and Motivation Thread

Postby reasonable troll » Mon Apr 23, 2012 8:48 pm

went to civ pro exam q&a. confirmed suspicion that what prof teaches bears somewhere between a scintilla and zero relation to exam.Image

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crossarmant
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Re: 1L Exam Prep and Motivation Thread

Postby crossarmant » Mon Apr 23, 2012 8:55 pm

reasonable troll wrote:Image

+1
--ImageRemoved--

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alicrimson
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Re: 1L Exam Prep and Motivation Thread

Postby alicrimson » Mon Apr 23, 2012 9:24 pm

Con law tomorrow. Prof told us today at review session that test will be different. Asked if we had any question, every answer was "well, that's a judgment call." Its a stupid opinion, tie nonsense together test where she gives everyone a B because there are no wrong answers. Too bad its an 8 hour test. This is going to be miserable. I know it will likely be a B but I worry about even getting through it. So depressed. For a minute considered dropping out. This semester is going to be abysmal. Ugh....so much for studying. I hope everyone else does well. I will be wanting to /self tomorrow at 8.

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FeelTheHeat
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Re: 1L Exam Prep and Motivation Thread

Postby FeelTheHeat » Mon Apr 23, 2012 9:54 pm

alicrimson wrote: Asked if we had any question, every answer was "well, that's a judgment call." .


I hate this answer as much as anything in law school (especially when it was in my appellate advocacy class, where I felt it was the response for EVERYTHING)

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angrybird
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Re: 1L Exam Prep and Motivation Thread

Postby angrybird » Mon Apr 23, 2012 9:58 pm

FeelTheHeat wrote:
alicrimson wrote: Asked if we had any question, every answer was "well, that's a judgment call." .


I hate this answer as much as anything in law school (especially when it was in my appellate advocacy class, where I felt it was the response for EVERYTHING)

some people really hate this answer, finding that it more often than not serves as a cop-out when the professor just doesn't feel like explaining a complex, nuanced topic. others find the answer appropriate considering the vagaries of actual legal practice, where the answer is often truly unknowable, and the real question is one of acceptable risk.

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LSATmakesMeNeurotic
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Re: 1L Exam Prep and Motivation Thread

Postby LSATmakesMeNeurotic » Mon Apr 23, 2012 10:03 pm

alicrimson wrote:Con law tomorrow. Prof told us today at review session that test will be different. Asked if we had any question, every answer was "well, that's a judgment call." Its a stupid opinion, tie nonsense together test where she gives everyone a B because there are no wrong answers. Too bad its an 8 hour test. This is going to be miserable. I know it will likely be a B but I worry about even getting through it. So depressed. For a minute considered dropping out. This semester is going to be abysmal. Ugh....so much for studying. I hope everyone else does well. I will be wanting to /self tomorrow at 8.


Pssh, you'll get an A (like all your other classes haha). But seriously, is ALL conlaw just a clusterfuck of B's?

Metaread
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Re: 1L Exam Prep and Motivation Thread

Postby Metaread » Mon Apr 23, 2012 10:16 pm

Con Law is murder. My prof wants us to know all the cases. Thankfully it's open-book, lol. I feel sorry for anyone who has to endure Con Law with a closed-book prof.

crossarmant wrote:
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.


You guys look like you're going to get As in Property. Well done! :)

Another problem, which my professor made:

Bill is a collector of rare iguanas and ibexes (mountain goats having beautiful curved horns). He keeps the iguanas and ibexes on his personal reserve of 50 acres of land which is perhaps the only place in the western hemisphere where he can find both a marsh and a mountain. The iguana and the ibex are considered to be "wild" animals, though Bill actually needs only approximately 10 acres of his reserve in order to provide sufficient space for them.

Bill has been offered $10,000 per acre for 40 acres by a real estate developer. The developer promises that the development will not hurt the iguanas or the ibexes, but your client (Bill) isn't so sure. Bill doesn't want to have to fence in the 10 acre tract, for that would cost too much and besides, the 10 acre tract is set off by natural boundaries which more or less keep these creatures contained. Bill also believes strongly that one of the intrinsic values of his reserve for these creatures is the ability of the general public to wander in the reserve without charge and appreciate the fullness of the miracle of creation.

Bill is a bit nervous, however, about the children and pets which may harass or destroy these creatures, and he is not sure that everyone will share his appreciation for the iguanas (who happen to wander at night but are really harmless) or the beauty of the ibexes' horns (the ibexes do happen to have a very powerful odor, detectable at great distances).

Bill desperately needs the cash which would be generated by the sale of the 40 acres for residential real estate development, but he doesn't want anything to interfere with his life's work with these creatures and his goal of leaving this reserve for the public in perpetuity.

What is your advice to Bill? What are some of the potential legal problems, the alternative legal solutions, and the considerations which incline you to recommend a particular course of action?
Last edited by Metaread on Mon Apr 23, 2012 10:47 pm, edited 1 time in total.

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skw
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Re: 1L Exam Prep and Motivation Thread

Postby skw » Mon Apr 23, 2012 10:18 pm

bartleby wrote:what are some SCOTUS issues besides the University of Texas crap and Obamacare


Here in NC a possible is whether the proposed state con amendment making marriage just one man and one woman is constitutional.

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Eugenie Danglars
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Re: 1L Exam Prep and Motivation Thread

Postby Eugenie Danglars » Mon Apr 23, 2012 10:26 pm

skw wrote:
bartleby wrote:what are some SCOTUS issues besides the University of Texas crap and Obamacare


Here in NC a possible is whether the proposed state con amendment making marriage just one man and one woman is constitutional.


Can states make immigration law that aids federal enforcement/reverse commandeering

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Mon Apr 23, 2012 10:27 pm

Metaread wrote:Con Law is murder. My prof wants us to know all the cases. Thankfully it's open-book, lol. I feel sorry for anyone who has to endure Con Law with a closed-book prof.

:cry: :cry: :cry: :cry: :cry:

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alicrimson
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Re: 1L Exam Prep and Motivation Thread

Postby alicrimson » Mon Apr 23, 2012 10:40 pm

LSATmakesMeNeurotic wrote:
alicrimson wrote:Con law tomorrow. Prof told us today at review session that test will be different. Asked if we had any question, every answer was "well, that's a judgment call." Its a stupid opinion, tie nonsense together test where she gives everyone a B because there are no wrong answers. Too bad its an 8 hour test. This is going to be miserable. I know it will likely be a B but I worry about even getting through it. So depressed. For a minute considered dropping out. This semester is going to be abysmal. Ugh....so much for studying. I hope everyone else does well. I will be wanting to /self tomorrow at 8.


Pssh, you'll get an A (like all your other classes haha). But seriously, is ALL conlaw just a clusterfuck of B's?


I don't know about all con law, but my prof wants us to give her one side of the issue and our opinion. She hasn't told us if it'll be open ended, hypo, or what. She drives me nuts. I ask for guidance and she just says "you guys can do this. you know all the answers already." Annoying. I hope your class is a little more application based and less interpretation. Really, no one is going to be a supreme court justice. Our opinions on the paradigms mean nothing.

BlueDiamond
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Re: 1L Exam Prep and Motivation Thread

Postby BlueDiamond » Mon Apr 23, 2012 10:44 pm

So, just read Freer and had my mind blown.. it is unreal how unorganized my Civ Pro professor was this semester

Also, to all of you talking about having to remember cases for Con law with an open book exam you can all throw yourselves off bridges because I have closed book Con law and the professor sent an e-mail saying a sample question might read something like this... "It is the day after Clinton v. New York was decided. Write the dissenting opinion. However, first state the facts, holding, and a brief summary of the majority's reasoning." All in all not that hard.. but when I had been preparing for an issue spotter and a policy question all semester it was pretty heartbreaking to find out I basically have to remember cases word for word

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Eugenie Danglars
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Re: 1L Exam Prep and Motivation Thread

Postby Eugenie Danglars » Mon Apr 23, 2012 10:52 pm

BlueDiamond wrote:So, just read Freer and had my mind blown.. it is unreal how unorganized my Civ Pro professor was this semester

Also, to all of you talking about having to remember cases for Con law with an open book exam you can all throw yourselves off bridges because I have closed book Con law and the professor sent an e-mail saying a sample question might read something like this... "It is the day after Clinton v. New York was decided. Write the dissenting opinion. However, first state the facts, holding, and a brief summary of the majority's reasoning." All in all not that hard.. but when I had been preparing for an issue spotter and a policy question all semester it was pretty heartbreaking to find out I basically have to remember cases word for word


Here, have some flashcards.

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crossarmant
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Re: 1L Exam Prep and Motivation Thread

Postby crossarmant » Mon Apr 23, 2012 11:00 pm

Metaread wrote:You guys look like you're going to get As in Property. Well done! :)

Another problem, which my professor made:

Bill is a collector of rare iguanas and ibexes (mountain goats having beautiful curved horns). He keeps the iguanas and ibexes on his personal reserve of 50 acres of land which is perhaps the only place in the western hemisphere where he can find both a marsh and a mountain. The iguana and the ibex are considered to be "wild" animals, though Bill actually needs only approximately 10 acres of his reserve in order to provide sufficient space for them.

Bill has been offered $10,000 per acre for 40 acres by a real estate developer. The developer promises that the development will not hurt the iguanas or the ibexes, but your client isn't so sure. Bill doesn't want to have to fence in the 10 acre tract, for that would cost too much and besides, the 10 acre tract is set off by natural boundaries which more or less keep these creatures contained. Bill also believes strongly that one of the intrinsic values of his reserve for these creatures is the ability of the general public to wander in the reserve without charge and appreciate the fullness of the miracle of creation.

Bill is a bit nervous, however, about the children and pets which may harass or destroy these creatures, and he is not sure that everyone will share his appreciation for the iguanas (who happen to wander at night but are really harmless) or the beauty of the ibexes' horns (the ibexes do happen to have a very powerful odor, detectable at great distances).

Bill desperately needs the cash which would be generated by the sale of the 40 acres for residential real estate development, but he doesn't want anything to interfere with his life's work with these creatures and his goal of leaving this reserve for the public in perpetuity.

What is your advice to Bill? What are some of the potential legal problems, the alternative legal solutions, and the considerations which incline you to recommend a particular course of action?


This particular problem seems a little similar to the other one in terms of remedies.

1) Once more there is the possibility of selling a conservation easement to an environmental group, but that would probably not bring in a lot of money so it may not be ideal for Bill.
2) He could tie the fee simple sale to the developer to a real covenant to protect certain aspects of the land so as to prevent the developer from encroaching on the other lands or building in such a way as to damage the wildlife. It would bring him the extra revenue but could potentially harm his interest in the land with trespassers being near the land and possible adverse possessors.
3) He could possibly bargain for a lesser sale with the developer, only selling a portion of the 40 acres the developer wants while still enforcing a real covenant upon the land.
4) Bill could also sell the land as a FSD/FSSCS with stipulations on how to use the land, however if the developer wished to subsequently subdivide the land that may be an issue.

--ImageRemoved--

This question is really weird. Like it appears to have a lot in there, but for some reason I just can't find it. Maybe there's something in there we didn't cover?

bartleby
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Re: 1L Exam Prep and Motivation Thread

Postby bartleby » Mon Apr 23, 2012 11:05 pm

Eugenie Danglars wrote:
skw wrote:
bartleby wrote:what are some SCOTUS issues besides the University of Texas crap and Obamacare


Here in NC a possible is whether the proposed state con amendment making marriage just one man and one woman is constitutional.


Can states make immigration law that aids federal enforcement/reverse commandeering


oh yeah damn, we are already covering that on the last day of class. in TX there's something going on with abortion services, federal funding, planned parenthood, and things that use planned parenthood's logo for some 1st amendment, 14th, federal/state, 10th bullshit.

as you can see i KNOW NOTHINGGG

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TTTLS
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Re: 1L Exam Prep and Motivation Thread

Postby TTTLS » Tue Apr 24, 2012 12:29 am

Just finished my Contracts outline. All my outlines are pretty much done except for Civ Prole. Just a couple more hours and I'll be in the clear.

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sundance95
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Re: 1L Exam Prep and Motivation Thread

Postby sundance95 » Tue Apr 24, 2012 12:36 am

crossarmant wrote:
Metaread wrote:You guys look like you're going to get As in Property. Well done! :)

Another problem, which my professor made:

Bill is a collector of rare iguanas and ibexes (mountain goats having beautiful curved horns). He keeps the iguanas and ibexes on his personal reserve of 50 acres of land which is perhaps the only place in the western hemisphere where he can find both a marsh and a mountain. The iguana and the ibex are considered to be "wild" animals, though Bill actually needs only approximately 10 acres of his reserve in order to provide sufficient space for them.

Bill has been offered $10,000 per acre for 40 acres by a real estate developer. The developer promises that the development will not hurt the iguanas or the ibexes, but your client isn't so sure. Bill doesn't want to have to fence in the 10 acre tract, for that would cost too much and besides, the 10 acre tract is set off by natural boundaries which more or less keep these creatures contained. Bill also believes strongly that one of the intrinsic values of his reserve for these creatures is the ability of the general public to wander in the reserve without charge and appreciate the fullness of the miracle of creation.

Bill is a bit nervous, however, about the children and pets which may harass or destroy these creatures, and he is not sure that everyone will share his appreciation for the iguanas (who happen to wander at night but are really harmless) or the beauty of the ibexes' horns (the ibexes do happen to have a very powerful odor, detectable at great distances).

Bill desperately needs the cash which would be generated by the sale of the 40 acres for residential real estate development, but he doesn't want anything to interfere with his life's work with these creatures and his goal of leaving this reserve for the public in perpetuity.

What is your advice to Bill? What are some of the potential legal problems, the alternative legal solutions, and the considerations which incline you to recommend a particular course of action?


This particular problem seems a little similar to the other one in terms of remedies.

1) Once more there is the possibility of selling a conservation easement to an environmental group, but that would probably not bring in a lot of money so it may not be ideal for Bill.
2) He could tie the fee simple sale to the developer to a real covenant to protect certain aspects of the land so as to prevent the developer from encroaching on the other lands or building in such a way as to damage the wildlife. It would bring him the extra revenue but could potentially harm his interest in the land with trespassers being near the land and possible adverse possessors.
3) He could possibly bargain for a lesser sale with the developer, only selling a portion of the 40 acres the developer wants while still enforcing a real covenant upon the land.
4) Bill could also sell the land as a FSD/FSSCS with stipulations on how to use the land, however if the developer wished to subsequently subdivide the land that may be an issue.

This question is really weird. Like it appears to have a lot in there, but for some reason I just can't find it. Maybe there's something in there we didn't cover?

Had similar thoughts. When I read this fact pattern all I could think of was torts and strict liability for wild animals.

I had all the ideas you did; one thing I did think of was the potential for B to execute a conservation easement on his own land if he could convince the developer to take less than the 40 acres. That would recoup some of the $ lost in non-sold acreage via the tax deduction, and would essentially cost B nothing since he wants to preserve the land anyway and doesn't want to exercise his development rights.

Another possibility would be tying the fee simple sale to the recording of a neighborhood development plan that B and the developer negotiate together that notes that 1) the development must be an adult community and 2) that no domestic pets could be kept; that would create a negative reciprocal easement on both properties, and any further subdivisions that the developer sells. (since B's animals are classified as 'wild' not 'domestic' the pet restriction ought not to affect B.) But that is likely to be a costly negotiation process which might drive down the price or be unacceptable to the developer. If it is unacceptable to the developer, though, you have to doubt whether they really intend to follow through on the promise not to interfere with the preserve anyway.

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sundance95
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Re: 1L Exam Prep and Motivation Thread

Postby sundance95 » Tue Apr 24, 2012 12:42 am

Ah, rereading the facts, there are definitely some nuisance liability issues for B (the wandering lizzies and the goat shit stench) that you'd want to preempt with the neighborhood plan/covenants as well.

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crossarmant
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Re: 1L Exam Prep and Motivation Thread

Postby crossarmant » Tue Apr 24, 2012 12:58 am

sundance95 wrote:Ah, rereading the facts, there are definitely some nuisance liability issues for B (the wandering lizzies and the goat shit stench) that you'd want to preempt with the neighborhood plan/covenants as well.


Ah we never cover nuisance, left that to Torts class, that would explain it. There were a few things in our book we never really did; we covered IP & Cyberproperty a lot more in-depth (Prof is head of the IP classes).

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JenDarby
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Re: 1L Exam Prep and Motivation Thread

Postby JenDarby » Tue Apr 24, 2012 2:09 am

My first final is in 13 days and my last day of class is Thursday. OODLES OF TIME. I feel like finals are so impending, then I realize they aren't. Apparently not having a wedding to go to in a tropical location the week before finals really takes the pressure off. Who knew.




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