1L Exam Prep and Motivation Thread

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bk1
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Re: 1L Exam Prep and Motivation Thread

Postby bk1 » Sat Apr 28, 2012 10:41 pm

Flips88 wrote:
bk1 wrote:So burnt out.

5 days!

My plan to take the final tomorrow is slowly unraveling.

hijodehombre
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Re: 1L Exam Prep and Motivation Thread

Postby hijodehombre » Sat Apr 28, 2012 10:44 pm

JenDarby wrote:
hijodehombre wrote:That's basically what Glannon says in the E&E, p.98, but only as long as there is only one D.

I haven't read the E&E yet, but plan on doing it this week. This is extremely comforting, so thank you for that.


I highly recommend p. 97-98. He shows 5 different aggregation scenarios and explains which ones are allowed and which ones are not. Extremely clear and concise.

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LSATmakesMeNeurotic
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Re: 1L Exam Prep and Motivation Thread

Postby LSATmakesMeNeurotic » Sat Apr 28, 2012 10:49 pm

hijodehombre wrote:
JenDarby wrote:
LSATmakesMeNeurotic wrote:Okay, I was confused at first because it seems like after the Exxon case, you need to have complete diversity between the parties because Exxon didn't want to overrule Strawbridge, and since the two plaintiffs are joining together, it destroys complete diversity and allowing that would override Strawbridge?

That was a horribly formulated question, but you get the idea.

My outline says this for Exxon: "When P1 meets the amount and P2 does not, P2 CAN bootstrap to P1 under supplemental jurisdiction (Exxon Mobil Corp.)"

Exxon Mobile v Allapattah Services (US 2005) enactment of §1367 overruled Zahn.
a. When the complaint includes at least one that satisfies the amount in controversy requirement, and there are no other relevant jurisdictional defects, the DC has original jurisdiction over that claim and the court can then turn to whether it has a constitutional and statutory basis for exercising supplemental jurisdiction
b. When the named representative satisfied the amount-in-controversy req, a fed court may exercise supplemental jurisdiction over Ps whose claims do not meet the req, provided their claims are part of the same case/controversy as those who do

Exxon allows for supplemental jurisdiction, despite the fact that it would destroy diversity by failing the amount in controversy requirement. I think it's that Strawbridge doesn't apply to the SJ portion of your question for a P brought in under Rule 20, as its constitutional and doesn't defy 1367(b).


That's basically what Glannon says in the E&E, p.98, but only as long as there is only one D.


Okay, thanks guys! :)

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Sapientia
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Re: 1L Exam Prep and Motivation Thread

Postby Sapientia » Sat Apr 28, 2012 10:52 pm

bk1 wrote:So burnt out.


God yes. I havent been studying nearly as hard as i need to and i am having trouble still

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Sat Apr 28, 2012 11:43 pm

Sapientia wrote:
bk1 wrote:So burnt out.


God yes. I havent been studying nearly as hard as i need to and i am having trouble still

Me too and I'm not done until May 8th. Ugh.

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crossarmant
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Re: 1L Exam Prep and Motivation Thread

Postby crossarmant » Sun Apr 29, 2012 1:11 am

Just got home from studying at the library until the closed, then studied in the commons until 1am... Pretty much how I feel about law school right now:
Image

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TTTLS
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Re: 1L Exam Prep and Motivation Thread

Postby TTTLS » Sun Apr 29, 2012 1:23 am

My brain is mush. I am mentally exhausted, but physically awake. I can recite rules and talk about cases, but I don't even know what I am saying or doing. feel like a law automaton, a fact-pattern digestion machine.

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gdane
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Re: 1L Exam Prep and Motivation Thread

Postby gdane » Sun Apr 29, 2012 1:55 am

Come on guys! We can all do it! There's no such thing as burn out. Get a good night of sleep and then keep working. Dont deprive yourself of rest. I always like to say that I have to keep moving.



Good luck!

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Gettingstarted1928
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Re: 1L Exam Prep and Motivation Thread

Postby Gettingstarted1928 » Sun Apr 29, 2012 1:56 am

gdane wrote:Come on guys! We can all do it! There's no such thing as burn out. Get a good night of sleep and then keep working. Dont deprive yourself of rest. I always like to say that I have to keep moving.



Good luck!


credited

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H.E. Pennypacker
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Re: 1L Exam Prep and Motivation Thread

Postby H.E. Pennypacker » Sun Apr 29, 2012 1:57 am

1 to go. fucked up the last one and no motivation. where to find it again?

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gdane
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Re: 1L Exam Prep and Motivation Thread

Postby gdane » Sun Apr 29, 2012 2:07 am

H.E. Pennypacker wrote:1 to go. fucked up the last one and no motivation. where to find it again?

1) Other people probably fucked up too and possibly worse than you did. The curve may save you.
2) You have other exams to redeem yourself with.
3) Hakuna Mattata.

Good luck!

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Lasers
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Re: 1L Exam Prep and Motivation Thread

Postby Lasers » Sun Apr 29, 2012 3:01 am

H.E. Pennypacker wrote:1 to go. fucked up the last one and no motivation. where to find it again?

know that feeling, bro.

i just sort of got angry and put that energy towards the next exam.

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Extension_Cord
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Re: 1L Exam Prep and Motivation Thread

Postby Extension_Cord » Sun Apr 29, 2012 3:27 am

Whats the difference between a covenant and an easement?

You can post the similarities as well (if you want).

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JenDarby
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Re: 1L Exam Prep and Motivation Thread

Postby JenDarby » Sun Apr 29, 2012 3:32 am

Extension_Cord wrote:Whats the difference between a covenant and an easement?

You can post the similarities as well (if you want).

I remember the lexis chapters being pretty useful here -

--LinkRemoved--

--LinkRemoved--

TB12
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Re: 1L Exam Prep and Motivation Thread

Postby TB12 » Sun Apr 29, 2012 7:53 am

Extension_Cord wrote:Whats the difference between a covenant and an easement?

You can post the similarities as well (if you want).


Really, there shouldn't be a difference. They should just merge the two together (and I think this is the Restatement view). But an easement is a promise that another person can use your land in a particular way. For instance, they can drive across your lawn, they can put a radio antenna on top of your roof, etc. A covenant means your promise you'll use your land in a certain way (or won't use it in a certain way). You promise that you'll never put a radio tower on top of your roof, or that you'll never put a grociery store in your mall.

Easement=You can use my land
Covenant=I will or will not do X with my land

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lifestooquick
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Re: 1L Exam Prep and Motivation Thread

Postby lifestooquick » Sun Apr 29, 2012 10:08 am

Freaking out and need to calm down? Calming manatee at your service! http://calmingmanatee.com/

Also, serious +1 to gdane. I was so burnt out yesterday, got a good night's sleep and a good breakfast and I've been working all morning and am feeling great!

CreativityKing
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Re: 1L Exam Prep and Motivation Thread

Postby CreativityKing » Sun Apr 29, 2012 10:15 am

bk1 wrote:
Flips88 wrote:
bk1 wrote:So burnt out.

5 days!

My plan to take the final tomorrow is slowly unraveling.


I second the burnt out sentiment. Strongly.

merc280
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Re: 1L Exam Prep and Motivation Thread

Postby merc280 » Sun Apr 29, 2012 11:18 am

hijodehombre wrote:
merc280 wrote:
lifestooquick wrote:Yeah, it really sucks :( If she lived closer I would have made it work, but she's too far to make a day trip out of it and I had an exam yesterday and the next is Tuesday. Damn law school.

Luckily, I'll see her in a few weeks and I'm going to take her and her new husband out to celebrate :)

Until then....I'm memorizing ALL of the property. Test Tuesday: 54 MC, 2 essays, closed book, 3.5 hours.



I have a property test Monday. 1 essay 40 MC, 2 hours, closed book


Hey, life and merc, did your prof tell you what material will be essay and what will be MC? If not, how are you approaching it?



Judging from last semester I know how its going to go. The MC is all just complex definitions with questions thrown out in bunches, like 11 in a row for future interest and then a different topic. Makes it super annoying and seems like the test is harder than it actually is. For the essay he makes one long fact pattern, and almost every fourth word is a issue and so I know that if I don't think certain things are issues then I'm probably getting it wrong. Last semester the issues were as little as differentiating between commercial and residential contractors when describing potential problems to be faced on a building construction and Implied warranty of habitability would work.

Good news is that I got 5-7 hours of sleep last night and just got back into the library. Only two goals today, Stay till 12AM and study and avoid any and all of my classmates. Last night I was ducking and dodging my classmates out of the library because it seemed like out of the 20 people there, 13 of them were from my class. Super crazy competitive section.

merc280
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Re: 1L Exam Prep and Motivation Thread

Postby merc280 » Sun Apr 29, 2012 11:20 am

TB12 wrote:
Extension_Cord wrote:Whats the difference between a covenant and an easement?

You can post the similarities as well (if you want).


Really, there shouldn't be a difference. They should just merge the two together (and I think this is the Restatement view). But an easement is a promise that another person can use your land in a particular way. For instance, they can drive across your lawn, they can put a radio antenna on top of your roof, etc. A covenant means your promise you'll use your land in a certain way (or won't use it in a certain way). You promise that you'll never put a radio tower on top of your roof, or that you'll never put a grociery store in your mall.

Easement=You can use my land
Covenant=I will or will not do X with my land



Also the difference between how easements cannot be handed down, where as covenants can be if they have horizontal and vertical privity, also touch and concern and notice.

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crossarmant
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Re: 1L Exam Prep and Motivation Thread

Postby crossarmant » Sun Apr 29, 2012 12:02 pm

merc280 wrote:
TB12 wrote:Really, there shouldn't be a difference. They should just merge the two together (and I think this is the Restatement view). But an easement is a promise that another person can use your land in a particular way. For instance, they can drive across your lawn, they can put a radio antenna on top of your roof, etc. A covenant means your promise you'll use your land in a certain way (or won't use it in a certain way). You promise that you'll never put a radio tower on top of your roof, or that you'll never put a grociery store in your mall.

Easement=You can use my land
Covenant=I will or will not do X with my land



Also the difference between how easements cannot be handed down, where as covenants can be if they have horizontal and vertical privity, also touch and concern and notice.


Not entirely true. There are two types of easements (1) Easement in gross: This is only for one person to use a specific land for that use, (2) Easement appurtenant: This is an easement on the land and is tied to it regardless of how the land passes down.

merc280
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Re: 1L Exam Prep and Motivation Thread

Postby merc280 » Sun Apr 29, 2012 12:06 pm

crossarmant wrote:
merc280 wrote:
TB12 wrote:Really, there shouldn't be a difference. They should just merge the two together (and I think this is the Restatement view). But an easement is a promise that another person can use your land in a particular way. For instance, they can drive across your lawn, they can put a radio antenna on top of your roof, etc. A covenant means your promise you'll use your land in a certain way (or won't use it in a certain way). You promise that you'll never put a radio tower on top of your roof, or that you'll never put a grociery store in your mall.

Easement=You can use my land
Covenant=I will or will not do X with my land



Also the difference between how easements cannot be handed down, where as covenants can be if they have horizontal and vertical privity, also touch and concern and notice.


Not entirely true. There are two types of easements (1) Easement in gross: This is only for one person to use a specific land for that use, (2) Easement appurtenant: This is an easement on the land and is tied to it regardless of how the land passes down.



Do covenants have to have the four requirements or Horizontal and vertical privity, T&C and notice? Somewhere in my notes there's conflicting information about whether vertical privity is always necessary or just required in some jurisdictions.

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crossarmant
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Re: 1L Exam Prep and Motivation Thread

Postby crossarmant » Sun Apr 29, 2012 12:13 pm

merc280 wrote:Do covenants have to have the four requirements or Horizontal and vertical privity, T&C and notice? Somewhere in my notes there's conflicting information about whether vertical privity is always necessary or just required in some jurisdictions.


For Real Covenants (May seek injuctive relief and monetary damages):
Running the Burden
1. Intent
2. Writing
3. Horizontal Privity
4. Vertical Privity (May not be of a lesser quanta, must be same estate)
5. Touch & Concern
6. Notice

Running the Benefit
1. Intent
2. Writing
3. Vertical Privity
4. Touch & Concern


For Equitable Servitudes (May only seek injunctive relief):
Running the Burden
1. Intent
2. Touch & Concern
3. Notice

Running the Benefit
1. Intent
2. Vertical Privity (May be of a lesser quanta: FSA --> LE)
3. Touch & Concern

merc280
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Re: 1L Exam Prep and Motivation Thread

Postby merc280 » Sun Apr 29, 2012 12:20 pm

crossarmant wrote:
merc280 wrote:Do covenants have to have the four requirements or Horizontal and vertical privity, T&C and notice? Somewhere in my notes there's conflicting information about whether vertical privity is always necessary or just required in some jurisdictions.


For Real Covenants (May seek injuctive relief and monetary damages):
Running the Burden
1. Intent
2. Writing
3. Horizontal Privity
4. Vertical Privity (May not be of a lesser quanta, must be same estate)
5. Touch & Concern
6. Notice

Running the Benefit
1. Intent
2. Writing
3. Vertical Privity
4. Touch & Concern


For Equitable Servitudes (May only seek injunctive relief):
Running the Burden
1. Intent
2. Touch & Concern
3. Notice

Running the Benefit
1. Intent
2. Vertical Privity (May be of a lesser quanta: FSA --> LE)
3. Touch & Concern


Thanks, and this is what makes me think I totally don't know enough, and the exam is tomorrow.

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lifestooquick
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Re: 1L Exam Prep and Motivation Thread

Postby lifestooquick » Sun Apr 29, 2012 12:47 pm

Paula Franzese may have been annoying when she sang all those songs during the BarBri Property lecture, but damn if they aren't helping me remember as I practice questions

merc280
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Re: 1L Exam Prep and Motivation Thread

Postby merc280 » Sun Apr 29, 2012 1:02 pm

lifestooquick wrote:Paula Franzese may have been annoying when she sang all those songs during the BarBri Property lecture, but damn if they aren't helping me remember as I practice questions



Is it worth enough for me to sign up for barbri just to get the lectures?




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