1L Exam Prep and Motivation Thread

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merc280
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Re: 1L Exam Prep and Motivation Thread

Postby merc280 » Wed Apr 25, 2012 7:42 pm

BlueDiamond wrote:Decided that all I want is B's.. all I need for that is top 85% in each class.. however, ive done nothing all semester because I hate law school.. looking for someone to list the 5 most important topics in con law, crim, and civ pro.. thanks



Crim law

1. Actus reus/Mens rea
2. Mistake and Ignorance
3. Homicide
4. Defense
5. Attempt/Conspiracy/Accomplice Liability

oh and Defense breaks down to justification/Excuse

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MrPapagiorgio
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Re: 1L Exam Prep and Motivation Thread

Postby MrPapagiorgio » Wed Apr 25, 2012 7:46 pm

Con Law

1. Commerce Clause
2. Dormant Commerce Clause
3. Due Process, Equal Protection and Privileges/Immunities
4. Federal Preemption of State Statutes
5. State Action Doctrine

Civ Pro (hard to list just five, but here's a start)

1. Personal, Subject Matter, Diversity and Supplemental Jurisdiction
2. Joinder
3. Pleadings (Twiqbal)
4. Discovery
5. Summary Judgment, Directed Verdict and JNOV

and Claim/Issue Preclusion
Last edited by MrPapagiorgio on Wed Apr 25, 2012 7:50 pm, edited 1 time in total.

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kapital98
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Re: 1L Exam Prep and Motivation Thread

Postby kapital98 » Wed Apr 25, 2012 7:49 pm

Civ Pro:

1) Rule 12(b)(6) -- Pleadings
2) Rule 26 -- Discovery
3) Rule 50/54 (JMOL + Judgment)
4) Jurisdiction (Common Law)
5)????

merc280
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Re: 1L Exam Prep and Motivation Thread

Postby merc280 » Wed Apr 25, 2012 7:50 pm

kapital98 wrote:Civ Pro:

1) Rule 12(b)(6) -- Pleadings
2) Rule 26 -- Discovery
3) Rule 50/54 (JMOL + Judgment)
4) Jurisdiction (Common Law)
5)????



might differ for classes, but our class emphasized rule 11, the four violations that can get sanctions and the case thrown out.

BlueDiamond
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Re: 1L Exam Prep and Motivation Thread

Postby BlueDiamond » Wed Apr 25, 2012 7:51 pm

woah.. walked to the corner to get a drink and already have my finals study guide. thanks people

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Wed Apr 25, 2012 7:52 pm

kapital98 wrote:Civ Pro:

1) Rule 12(b)(6) -- Pleadings
2) Rule 26 -- Discovery
3) Rule 50/54 (JMOL + Judgment)
4) Jurisdiction (Common Law)
5)????

5) could either be choice of law or joinders/other similar rules

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Shammis
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Re: 1L Exam Prep and Motivation Thread

Postby Shammis » Wed Apr 25, 2012 7:57 pm

ilovesf wrote:5) could either be choice of law or joinders/other similar rules


At least for us it's def. Joinder.

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crossarmant
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Re: 1L Exam Prep and Motivation Thread

Postby crossarmant » Wed Apr 25, 2012 8:11 pm

Reading all this talk about CivPro makes me feel like I was victimized back in December and I'm forcibly blocking it all out now. I prefer pretending like it never happened (until the Bar exam)

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Wed Apr 25, 2012 8:17 pm

crossarmant wrote:Reading all this talk about CivPro makes me feel like I was victimized back in December and I'm forcibly blocking it all out now. I prefer pretending like it never happened (until the Bar exam)

I want to do litigation so I'm going to take civ pro 2 next semester :( already regretting this decision.

merc280
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Re: 1L Exam Prep and Motivation Thread

Postby merc280 » Wed Apr 25, 2012 8:18 pm

crossarmant wrote:Reading all this talk about CivPro makes me feel like I was victimized back in December and I'm forcibly blocking it all out now. I prefer pretending like it never happened (until the Bar exam)



same here. Definitely not wanting to think about it again. So annoying. So many nightmares about venue and pleadings.

merc280
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Re: 1L Exam Prep and Motivation Thread

Postby merc280 » Wed Apr 25, 2012 8:23 pm

Got bored, quit working on my outline, and now doing cali lessons to justify staying in the library. Don't feel like doing anything substantive tonight.

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reasonable troll
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Re: 1L Exam Prep and Motivation Thread

Postby reasonable troll » Wed Apr 25, 2012 8:40 pm

while we're on civ pro (sorry, crossarmant) can anyone give me something to grasp for the Twiqbal pleading standard?

basically i've got:

8(a)(2) says short plain statement showing pleader is entitled to relief, liberal standard, blah blah

Twiqbal has imposed the need to assert facts showing that pleader's claim is plausible, otherwise vulnerable to 12(b)(6), etc.

anything else???

please/thank you

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jessuf
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Re: 1L Exam Prep and Motivation Thread

Postby jessuf » Wed Apr 25, 2012 8:45 pm

Eugenie Danglars wrote:Property Q: Is there a duty to return lost personal property if you know whose it is? I know a lot of places have statutes for this, but is it a general common law rule?


My notes say if a finder knows or has reasonable means of discovering the identity of the true owner, he must return the item as he only acts as bailee of the chattel. Of course, the "knows/reasonable means of discovering" part is tied in with the statutes these days with the rules on how to go about getting ownership of a lost item.

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Eugenie Danglars
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Re: 1L Exam Prep and Motivation Thread

Postby Eugenie Danglars » Wed Apr 25, 2012 8:49 pm

gdane wrote:Last year our professor had a commerce clause fact pattern and then asked something like "It is 1936, how would the court rule on this case?"

He also told us to keep in mind the old economic substantive due process cases, even though many of them have been overruled.

In other words, I literally have to memorize everything. Or at least have a broad idea of old/bad law and good law.


I have a chart of cases with years. Do you want it?

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angrybird
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Re: 1L Exam Prep and Motivation Thread

Postby angrybird » Wed Apr 25, 2012 8:53 pm

Eugenie Danglars wrote:
gdane wrote:Last year our professor had a commerce clause fact pattern and then asked something like "It is 1936, how would the court rule on this case?"

He also told us to keep in mind the old economic substantive due process cases, even though many of them have been overruled.

In other words, I literally have to memorize everything. Or at least have a broad idea of old/bad law and good law.


I have a chart of cases with years. Do you want it?

wow, you just reminded me that our professor gave us a handout with a table of all the commerce clause cases, the substantive rules they created, and their reasoning. now where the hell did i put it...

merc280
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Re: 1L Exam Prep and Motivation Thread

Postby merc280 » Wed Apr 25, 2012 9:49 pm

angrybird wrote:
Eugenie Danglars wrote:
gdane wrote:Last year our professor had a commerce clause fact pattern and then asked something like "It is 1936, how would the court rule on this case?"

He also told us to keep in mind the old economic substantive due process cases, even though many of them have been overruled.

In other words, I literally have to memorize everything. Or at least have a broad idea of old/bad law and good law.


I have a chart of cases with years. Do you want it?

wow, you just reminded me that our professor gave us a handout with a table of all the commerce clause cases, the substantive rules they created, and their reasoning. now where the hell did i put it...



Well if you find it, could you send a copy to me. I could really use anything that would help with knowing rules and stuff abou the commerce clause.

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TheFutureLawyer
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Re: 1L Exam Prep and Motivation Thread

Postby TheFutureLawyer » Wed Apr 25, 2012 10:00 pm

Lasers wrote:not studying too much today for my exam tomorrow.

i'm thinking just light review and refresher is enough. it's not because i'm confident, it's because i'm certain anything more is futile at this point.


this sounds familiar...

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gdane
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Re: 1L Exam Prep and Motivation Thread

Postby gdane » Wed Apr 25, 2012 10:02 pm

Eugenie Danglars wrote:
gdane wrote:Last year our professor had a commerce clause fact pattern and then asked something like "It is 1936, how would the court rule on this case?"

He also told us to keep in mind the old economic substantive due process cases, even though many of them have been overruled.

In other words, I literally have to memorize everything. Or at least have a broad idea of old/bad law and good law.


I have a chart of cases with years. Do you want it?

I really appreciate this. It's very kind of you, but no thank you. I learn better doing this stuff on my own. Thanks again though!

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angrybird
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Re: 1L Exam Prep and Motivation Thread

Postby angrybird » Wed Apr 25, 2012 10:51 pm

merc280 wrote:
angrybird wrote:
Eugenie Danglars wrote:
gdane wrote:Last year our professor had a commerce clause fact pattern and then asked something like "It is 1936, how would the court rule on this case?"

He also told us to keep in mind the old economic substantive due process cases, even though many of them have been overruled.

In other words, I literally have to memorize everything. Or at least have a broad idea of old/bad law and good law.


I have a chart of cases with years. Do you want it?

wow, you just reminded me that our professor gave us a handout with a table of all the commerce clause cases, the substantive rules they created, and their reasoning. now where the hell did i put it...



Well if you find it, could you send a copy to me. I could really use anything that would help with knowing rules and stuff abou the commerce clause.

i found it, and it's not nearly as useful as i remember. i'll post it here anyway: https://www.dropbox.com/s/fhpaclwu7orw6 ... ndout.docx

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Flips88
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Re: 1L Exam Prep and Motivation Thread

Postby Flips88 » Wed Apr 25, 2012 11:01 pm

Our prof did this too. Our practice midterm asked us to analyze a law in 1820, 1870, 1920, 1970, and today. Sucked. One of his past exams asked for it in 1930 and another asked for it based on what John Marshall would think.

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Wed Apr 25, 2012 11:06 pm

lol that sounds like a history test.

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MrPapagiorgio
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Re: 1L Exam Prep and Motivation Thread

Postby MrPapagiorgio » Wed Apr 25, 2012 11:09 pm

ilovesf wrote:lol that sounds like a history test.

Seriously. In our last class our prof was like "I know I've lectured about the changing standards of review and tests for various powers such as the commerce clause etc, but for the love of god analyze the questions under the current law." Even my civ pro prof basically said "I don't give a fuck about the Conley standard for pleading with the Twiqbal standard prevalent now. If you talk about it you won't be penalized, but your wasting time."

BlueDiamond
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Re: 1L Exam Prep and Motivation Thread

Postby BlueDiamond » Wed Apr 25, 2012 11:17 pm

MrPapagiorgio wrote:
ilovesf wrote:lol that sounds like a history test.

Seriously. In our last class our prof was like "I know I've lectured about the changing standards of review and tests for various powers such as the commerce clause etc, but for the love of god analyze the questions under the current law." Even my civ pro prof basically said "I don't give a fuck about the Conley standard for pleading with the Twiqbal standard prevalent now. If you talk about it you won't be penalized, but your wasting time."


So lucky.. for con law we were told recently that there will be somewhere between 3 and 5 questions and then the prof said for example I could ask something like write the dissenting opinion for a case we have read.. so I counted that we have read 68 cases.. so thats 68 dissenting opinions I'd have to write and memorize.. or I could just take the C and move on

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kapital98
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Re: 1L Exam Prep and Motivation Thread

Postby kapital98 » Wed Apr 25, 2012 11:48 pm

merc280 wrote:
kapital98 wrote:Civ Pro:

1) Rule 12(b)(6) -- Pleadings
2) Rule 26 -- Discovery
3) Rule 50/54 (JMOL + Judgment)
4) Jurisdiction (Common Law)
5)????



might differ for classes, but our class emphasized rule 11, the four violations that can get sanctions and the case thrown out.


You're right. It's 11(b)(6). I really hate civ pro and it was the only course still not covered.

bartleby
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Re: 1L Exam Prep and Motivation Thread

Postby bartleby » Wed Apr 25, 2012 11:53 pm

1937 is a pretty significant date though. Or was it 1936... for Con Law




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