1L Exam Prep and Motivation Thread

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TTTLS
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Re: 1L Exam Prep and Motivation Thread

Postby TTTLS » Thu Apr 26, 2012 7:49 pm

Nearly fainted in the library after getting a little too crazy with Contracts. Is this real life?

merc280
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Re: 1L Exam Prep and Motivation Thread

Postby merc280 » Thu Apr 26, 2012 8:00 pm

TTTLS wrote:Nearly fainted in the library after getting a little too crazy with Contracts. Is this real life?



Blacked out for an hour during one of my finals last semester. I figure as long as I don't do that this semester I can easily get above average.

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Guchster
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Re: 1L Exam Prep and Motivation Thread

Postby Guchster » Thu Apr 26, 2012 8:04 pm

thank you ilovesf.

i don't think he addressed Breyer's dissent which is annoying. But what I get out of his email and the gears that are turning based on what people said is that the majority in Lopez said that under rules 1-2: the activity itself must be economic in scope. If not then it MUST have a substantial affect (third rule)

Reading over Breyer's dissent, it seems like he says that the proper test was whether Congress has a rational basis for determining that the regulated activity had a substantial impact on interstate commerce (Instead of the majority look for the substantial connection itself, not merely whether congress rationally believed there was). But its a dissent, so that's why it wasn't binding in later cases right?

My professor, and there are a whole bunch of people that read this thread that are in my class (including you Piccolittle), would be to acknoweldge Breyer and tie him in some way. His view might not be majority now, but that doesn't preclude it from being worked in later--particularly if its doctrinally more sound (which I think it is)

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angrybird
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Re: 1L Exam Prep and Motivation Thread

Postby angrybird » Thu Apr 26, 2012 8:08 pm

Guchster wrote:thank you ilovesf.

i don't think he addressed Breyer's dissent which is annoying. But what I get out of his email and the gears that are turning based on what people said is that the majority in Lopez said that under rules 1-2: the activity itself must be economic in scope. If not then it MUST have a substantial affect (third rule)

Reading over Breyer's dissent, it seems like he says that the proper test was whether Congress has a rational basis for determining that the regulated activity had a substantial impact on interstate commerce (Instead of the majority look for the substantial connection itself, not merely whether congress rationally believed there was)

that's correct. Rehnquist's problem with this approach is that it functionally removes all limits on the commerce power. if we defer to congress when they say a purely intrastate, non-commercial activity has a substantial effect on interstate commerce, we're basically telling them they can do whatever they want.

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lifestooquick
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Re: 1L Exam Prep and Motivation Thread

Postby lifestooquick » Thu Apr 26, 2012 8:09 pm

Legislation exam is at 9am tomorrow.

My outline? Not done.

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jessuf
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Re: 1L Exam Prep and Motivation Thread

Postby jessuf » Thu Apr 26, 2012 8:10 pm

merc280 wrote:
TTTLS wrote:Nearly fainted in the library after getting a little too crazy with Contracts. Is this real life?



Blacked out for an hour during one of my finals last semester. I figure as long as I don't do that this semester I can easily get above average.


I think the guy who sat next to me in torts did this. He sat there, breathing heavily and sighing on occasion. We had 3 hours, and he probably started typing around the 2:15 mark (as in 45 minutes to go). Just sitting next to someone like that made me really nervous.

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Guchster
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Re: 1L Exam Prep and Motivation Thread

Postby Guchster » Thu Apr 26, 2012 8:10 pm

angrybird wrote:
Guchster wrote:thank you ilovesf.

i don't think he addressed Breyer's dissent which is annoying. But what I get out of his email and the gears that are turning based on what people said is that the majority in Lopez said that under rules 1-2: the activity itself must be economic in scope. If not then it MUST have a substantial affect (third rule)

Reading over Breyer's dissent, it seems like he says that the proper test was whether Congress has a rational basis for determining that the regulated activity had a substantial impact on interstate commerce (Instead of the majority look for the substantial connection itself, not merely whether congress rationally believed there was)

that's correct. Rehnquist's problem with this approach is that it functionally removes all limits on the commerce power. if we defer to congress when they say a purely intrastate, non-commercial activity has a substantial effect on interstate commerce, we're basically telling them they can do whatever they want.


I have almost an exact version of your response in my notes. That's friggin awesome.

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Thu Apr 26, 2012 8:11 pm

/copy paste into my outline

merc280
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Re: 1L Exam Prep and Motivation Thread

Postby merc280 » Thu Apr 26, 2012 8:13 pm

Jessuf wrote:
merc280 wrote:
TTTLS wrote:Nearly fainted in the library after getting a little too crazy with Contracts. Is this real life?



Blacked out for an hour during one of my finals last semester. I figure as long as I don't do that this semester I can easily get above average.


I think the guy who sat next to me in torts did this. He sat there, breathing heavily and sighing on occasion. We had 3 hours, and he probably started typing around the 2:15 mark (as in 45 minutes to go). Just sitting next to someone like that made me really nervous.



whats strange is that the guy next to me was all pumped up and had ear plugs in and claimed he got them all right. We ended up making the same grade. Weird how much crap comes out of classmates in regards to how they did and then when results come out they are usually very different.

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Re: 1L Exam Prep and Motivation Thread

Postby merc280 » Thu Apr 26, 2012 8:16 pm

Guchster wrote:
angrybird wrote:
Guchster wrote:thank you ilovesf.

i don't think he addressed Breyer's dissent which is annoying. But what I get out of his email and the gears that are turning based on what people said is that the majority in Lopez said that under rules 1-2: the activity itself must be economic in scope. If not then it MUST have a substantial affect (third rule)

Reading over Breyer's dissent, it seems like he says that the proper test was whether Congress has a rational basis for determining that the regulated activity had a substantial impact on interstate commerce (Instead of the majority look for the substantial connection itself, not merely whether congress rationally believed there was)

that's correct. Rehnquist's problem with this approach is that it functionally removes all limits on the commerce power. if we defer to congress when they say a purely intrastate, non-commercial activity has a substantial effect on interstate commerce, we're basically telling them they can do whatever they want.


I have almost an exact version of your response in my notes. That's friggin awesome.



My conlaw exam is all M/C and T/F. Should I just keep going over my outline and a canned outline for my class to get a better sense of the information or is there a better way to synthesize this information? I feel like in a general sense things in con law regarding the commerce clause are simple, like as long as the Gov't has a reason to do something that would effect commerce, and to what extent it would effect it determines whether it will be rational basis or strict scrutiny. Maybe its much more difficult that I think it is.

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Thu Apr 26, 2012 8:17 pm

merc280 wrote:whats strange is that the guy next to me was all pumped up and had ear plugs in and claimed he got them all right. We ended up making the same grade. Weird how much crap comes out of classmates in regards to how they did and then when results come out they are usually very different.

That's why you never talk to ANYONE. After my Ks test today I took out my ear plugs to put in my headphones, and in that 2 second time span I heard "UCC" "Restatement" "bombed that" and "so easy" and I was like GOTTA GO NOW.

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Re: 1L Exam Prep and Motivation Thread

Postby merc280 » Thu Apr 26, 2012 8:22 pm

ilovesf wrote:
merc280 wrote:whats strange is that the guy next to me was all pumped up and had ear plugs in and claimed he got them all right. We ended up making the same grade. Weird how much crap comes out of classmates in regards to how they did and then when results come out they are usually very different.

That's why you never talk to ANYONE. After my Ks test today I took out my ear plugs to put in my headphones, and in that 2 second time span I heard "UCC" "Restatement" "bombed that" and "so easy" and I was like GOTTA GO NOW.



I know its a false sense, but I get a false sense of loneliness, like I might be missing out on something important at least during study period before the finals.

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Re: 1L Exam Prep and Motivation Thread

Postby Lasers » Thu Apr 26, 2012 8:50 pm

Guchster wrote:
Lasers wrote:I failed my contracts exam ... really depressed.


GURL SNAP OUT OF IT AND MOVE ON.

pretty sure that test ensured i will be jobless next year...

sigh.

time to mitigate damages and do well on my other finals.

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Thu Apr 26, 2012 8:53 pm

Lasers wrote:
Guchster wrote:
Lasers wrote:I failed my contracts exam ... really depressed.


GURL SNAP OUT OF IT AND MOVE ON.

pretty sure that test ensured i will be jobless next year...

sigh.

time to mitigate damages and do well on my other finals.

noooo I am sure this is not true!

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jessuf
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Re: 1L Exam Prep and Motivation Thread

Postby jessuf » Thu Apr 26, 2012 9:01 pm

merc280 wrote:I know its a false sense, but I get a false sense of loneliness, like I might be missing out on something important at least during study period before the finals.


My friends would probably look at me like I was batshit crazy if I ran out of the room after the final. However: we like to do lunch or dinner after each final because it's a good way to relax for a bit before hitting the books again. Generally, what will happen is I will try to talk about everything but the exam. Finally, when the check comes, my friends will be like, "SO WE HAVEN'T TALKED ABOUT THE X EXAM YET, JEEZ! WHAT DID YOU THINK OF IT? WHAT PARTS WERE TRICKSY TO YOU? WHAT ANSWER DID YOU PUT FOR THIS?" And I'm like, "Ahhh. Ambushed. I don't remember a single question or answer from that exam. My brain already did the memory dump. Sry."

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Lasers
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Re: 1L Exam Prep and Motivation Thread

Postby Lasers » Thu Apr 26, 2012 9:07 pm

ilovesf wrote:
Lasers wrote:
Guchster wrote:
Lasers wrote:I failed my contracts exam ... really depressed.


GURL SNAP OUT OF IT AND MOVE ON.

pretty sure that test ensured i will be jobless next year...

sigh.

time to mitigate damages and do well on my other finals.

noooo I am sure this is not true!

i don't know...i'm on a figurative ledge, so to speak.

just trying to back myself off it and get myself motivated for the next one.

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Guchster
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Re: 1L Exam Prep and Motivation Thread

Postby Guchster » Thu Apr 26, 2012 9:29 pm

Lasers, like my yoga instructor says, BREATH INTO IT, and move on. You're going to beat yourself up over it (like I did last year on my Contracts exam--and still pulled an A-), and screw up your next test--then hate yourself for screwing up your next test.

Worse case, you get a C and explain the aberration from your other grades to employers. I don't want you turning into an awful, whiny poster like that merc character.

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Re: 1L Exam Prep and Motivation Thread

Postby reasonable troll » Thu Apr 26, 2012 9:41 pm

Guchster wrote:Lasers, like my yoga instructor says, BREATH INTO IT, and move on. You're going to beat yourself up over it (like I did last year on my Contracts exam--and still pulled an A-), and screw up your next test--then hate yourself for screwing up your next test.

Worse case, you get a C and explain the aberration from your other grades to employers. I don't want you turning into an awful, whiny poster like that merc character.


TITCR

also, vodka.

civ pro was a joke. whole test was about whether someone's fb profile is discoverable in sexual harassment case. 8 days of studying = useless. BUT I HAVE VODKA AND LIMES. git sum.

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Re: 1L Exam Prep and Motivation Thread

Postby angrybird » Thu Apr 26, 2012 10:23 pm

con law hypo time. trying to make sure i didn't miss any issues on this one:

Bob cultivates kudzu, a voracious plant that sprawls across the southeast, causing >$500 million in losses due to destroyed cropland and containment costs. He is inspired by Congress' recently enacted "Fruits and Vegetable Commerce Act" - whose principle purpose is "to establish a policy of free trade in edible products among the several states, so as to promote agriculture and relieve hunger" - and decides to sell kudzu seeds so people can grow kudzu as a food source.

He is preparing to ship enough kudzu to plant 500 acres of the plant, along with his advisory services, to a customer in Montana, when he learns of a Montana law prohibiting the "planting, cultivation, harvest, or use of kudzu." He petitions the Montana Dep't of Agriculture for a waiver, but he refused.

Bob sues challenging the constitutionality of Montana's statute. Write a memo for your judge identifying the issues, etc.


all i've got are:
dormant commerce clause (facially neutral, passes the Pike balancing test pretty easily);
field preemption (hard to say much here because there's like, zero info given about the federal statute...);
conflict preemption (theoretically there could be a conflict between a statute promoting "free trade in edible products" and one restricting farming of an edible product? seems like a stretch)

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TTTLS
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Re: 1L Exam Prep and Motivation Thread

Postby TTTLS » Thu Apr 26, 2012 10:46 pm

That link in the sticky thread to 500+ MBE questions is broken. I could've really used some MC for contracts that wasn't CALI. :?

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Re: 1L Exam Prep and Motivation Thread

Postby crossarmant » Thu Apr 26, 2012 10:47 pm

angrybird wrote:con law hypo time. trying to make sure i didn't miss any issues on this one:

Bob cultivates kudzu, a voracious plant that sprawls across the southeast, causing >$500 million in losses due to destroyed cropland and containment costs. He is inspired by Congress' recently enacted "Fruits and Vegetable Commerce Act" - whose principle purpose is "to establish a policy of free trade in edible products among the several states, so as to promote agriculture and relieve hunger" - and decides to sell kudzu seeds so people can grow kudzu as a food source.

He is preparing to ship enough kudzu to plant 500 acres of the plant, along with his advisory services, to a customer in Montana, when he learns of a Montana law prohibiting the "planting, cultivation, harvest, or use of kudzu." He petitions the Montana Dep't of Agriculture for a waiver, but he refused.

Bob sues challenging the constitutionality of Montana's statute. Write a memo for your judge identifying the issues, etc.


all i've got are:
dormant commerce clause (facially neutral, passes the Pike balancing test pretty easily);
field preemption (hard to say much here because there's like, zero info given about the federal statute...);
conflict preemption (theoretically there could be a conflict between a statute promoting "free trade in edible products" and one restricting farming of an edible product? seems like a stretch)


Could Bob argue that such an act infringes on his substantive economic due process and touch upon the whole 1937 divide in the court? God... I really need to study this stuff, why is none of this clicking yet?!

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angrybird
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Re: 1L Exam Prep and Motivation Thread

Postby angrybird » Thu Apr 26, 2012 10:49 pm

crossarmant wrote:
angrybird wrote:con law hypo time. trying to make sure i didn't miss any issues on this one:

Bob cultivates kudzu, a voracious plant that sprawls across the southeast, causing >$500 million in losses due to destroyed cropland and containment costs. He is inspired by Congress' recently enacted "Fruits and Vegetable Commerce Act" - whose principle purpose is "to establish a policy of free trade in edible products among the several states, so as to promote agriculture and relieve hunger" - and decides to sell kudzu seeds so people can grow kudzu as a food source.

He is preparing to ship enough kudzu to plant 500 acres of the plant, along with his advisory services, to a customer in Montana, when he learns of a Montana law prohibiting the "planting, cultivation, harvest, or use of kudzu." He petitions the Montana Dep't of Agriculture for a waiver, but he refused.

Bob sues challenging the constitutionality of Montana's statute. Write a memo for your judge identifying the issues, etc.


all i've got are:
dormant commerce clause (facially neutral, passes the Pike balancing test pretty easily);
field preemption (hard to say much here because there's like, zero info given about the federal statute...);
conflict preemption (theoretically there could be a conflict between a statute promoting "free trade in edible products" and one restricting farming of an edible product? seems like a stretch)


Could Bob argue that such an act infringes on his substantive economic due process and touch upon the whole 1937 divide in the court? God... I really need to study this stuff, why is none of this clicking yet?!

we didn't learn about due process at all this semester, but this is an older exam. i'm not sure.

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Sapientia
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Re: 1L Exam Prep and Motivation Thread

Postby Sapientia » Thu Apr 26, 2012 10:52 pm

Lasers wrote:
ilovesf wrote:
Lasers wrote:
Lasers wrote:I failed my contracts exam ... really depressed.


pretty sure that test ensured i will be jobless next year...

sigh.

time to mitigate damages and do well on my other finals.

noooo I am sure this is not true!

i don't know...i'm on a figurative ledge, so to speak.

just trying to back myself off it and get myself motivated for the next one.


I thought I had failed my contracts test last semester also. Ended up getting an A. No use in worrying about it

TL;DR version: stop worrying about how you did on exams you've already taken. Nothing you can do about it now, and worrying about it just makes things worse, irregardless of how well you actually did.

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TTTLS
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Re: 1L Exam Prep and Motivation Thread

Postby TTTLS » Thu Apr 26, 2012 10:55 pm

TTTLS wrote:That link in the sticky thread to 500+ MBE questions is broken. I could've really used some MC for contracts that wasn't CALI. :?
Librarians just gave me a shitload just now. :D TYBG.

merc280
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Re: 1L Exam Prep and Motivation Thread

Postby merc280 » Thu Apr 26, 2012 11:05 pm

Still haven't written a contracts practice exam
Last edited by merc280 on Thu Apr 26, 2012 11:08 pm, edited 1 time in total.




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