1L Exam Prep and Motivation Thread

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rocon7383
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Re: 1L Exam Prep and Motivation Thread

Postby rocon7383 » Sun Apr 29, 2012 1:49 pm

shoot me.

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Lawst
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Re: 1L Exam Prep and Motivation Thread

Postby Lawst » Sun Apr 29, 2012 1:53 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


Frank Sinatra doesn't prefer Orville Redenbacher.

Possibly the only thing I remember from Property last semester. 8)

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lifestooquick
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Re: 1L Exam Prep and Motivation Thread

Postby lifestooquick » Sun Apr 29, 2012 3:04 pm

merc280 wrote:
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?

I love the BarBri lectures, however your access takes a few days after you've signed up so you may not be able to get access soon enough for finals. Talk to your BarBri rep though and maybe they have a workaround or something.

I mean, it's like $25 which is cheaper than most supplements I've purchased

hijodehombre
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Re: 1L Exam Prep and Motivation Thread

Postby hijodehombre » Sun Apr 29, 2012 4:15 pm

lifestooquick wrote:
merc280 wrote:
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?

I love the BarBri lectures, however your access takes a few days after you've signed up so you may not be able to get access soon enough for finals. Talk to your BarBri rep though and maybe they have a workaround or something.

I mean, it's like $25 which is cheaper than most supplements I've purchased


The Property lectures were different than my course, so it wasn't that helpful for me, but the Con Law and the Civ Pro one especially were really good.

rawrab
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Re: 1L Exam Prep and Motivation Thread

Postby rawrab » Sun Apr 29, 2012 4:21 pm

when you are conveying deeds if you were given a quitclaim deed can you convey a general warranty deed to someone else? Like can you convey a better deed than you have?

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Eugenie Danglars
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Re: 1L Exam Prep and Motivation Thread

Postby Eugenie Danglars » Sun Apr 29, 2012 4:37 pm

rawrab wrote:when you are conveying deeds if you were given a quitclaim deed can you convey a general warranty deed to someone else? Like can you convey a better deed than you have?


No- not unless you have done a title search etc.

rawrab
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Re: 1L Exam Prep and Motivation Thread

Postby rawrab » Sun Apr 29, 2012 5:47 pm

No- not unless you have done a title search etc.


Can you elaborate on this? I don't quite get what you're saying

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gdane
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Re: 1L Exam Prep and Motivation Thread

Postby gdane » Sun Apr 29, 2012 5:58 pm

Can someone please answer a Contractos question?

Can a non-breaching plaintiff recover reliance and restitution damages in the same action?

Ex: P enters into a contract to paint D's house. Contract is worth $5000 with the full amount payable upon completion of the painting. P buys paint and spends $1000. The D then fires P halfway. The added market value to the home is $1000.

I know that P can get the $1000 back on a restitution theory to prevent unjust enrichment of D. However, can P get the $1000 he spent "on reliance" of his contract with D? Or is this not reliance?

Thanks!!!

merc280
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Re: 1L Exam Prep and Motivation Thread

Postby merc280 » Sun Apr 29, 2012 6:05 pm

rawrab wrote:
No- not unless you have done a title search etc.


Can you elaborate on this? I don't quite get what you're saying



Since you'd be going from a quitclaim deed, which is the least secure of the deeds that comes with no guarantees what so ever, to a warranty deed that is covered in case there are other people claiming the property you'd have to e sure by doing a title search that it was a deed you were sure of the record since you would be liable for alot more under warranty deed than a simple quitclaim deed.

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dabomb75
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Re: 1L Exam Prep and Motivation Thread

Postby dabomb75 » Sun Apr 29, 2012 6:28 pm

If anyone has any Crim Law questions regarding the MPC, I'm willing to answer any and all questions. Our test is primarily on the MPC so this'll be a good way for me to study.

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Sun Apr 29, 2012 6:30 pm

dabomb75 wrote:If anyone has any Crim Law questions regarding the MPC, I'm willing to answer any and all questions. Our test is primarily on the MPC so this'll be a good way for me to study.

i'll have some tomorrow after my con law exam is over, i can promise that.

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alicrimson
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Re: 1L Exam Prep and Motivation Thread

Postby alicrimson » Sun Apr 29, 2012 6:38 pm

I have a civ pro exam tomorrow. I am currently watching Legally Blonde with Acing Civ Pro open on my lap. Does this count as studying?

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Sun Apr 29, 2012 6:42 pm

alicrimson wrote:I have a civ pro exam tomorrow. I am currently watching Legally Blonde with Acing Civ Pro open on my lap. Does this count as studying?

this is about 85% of what I do, so I hope so.

bartleby
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Re: 1L Exam Prep and Motivation Thread

Postby bartleby » Sun Apr 29, 2012 6:50 pm

dabomb75 wrote:If anyone has any Crim Law questions regarding the MPC, I'm willing to answer any and all questions. Our test is primarily on the MPC so this'll be a good way for me to study.


is there felony-murder? how are you going to reconcile that a bunch of states adopt most of the provisions of the mpc but no state has adopted all of them

what's the big MPC one that no one has adopted...rape? i forget - or maybe it was excuse or justification

merc280
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Re: 1L Exam Prep and Motivation Thread

Postby merc280 » Sun Apr 29, 2012 6:51 pm

ilovesf wrote:
alicrimson wrote:I have a civ pro exam tomorrow. I am currently watching Legally Blonde with Acing Civ Pro open on my lap. Does this count as studying?

this is about 85% of what I do, so I hope so.



I just watched the new episode of "The Firm" using just the subtitiles, in the library.

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crossarmant
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Re: 1L Exam Prep and Motivation Thread

Postby crossarmant » Sun Apr 29, 2012 6:51 pm

Okay... so I feel really confident now about ConLaw, but I have one question and my professor seems to do a historically bad job at explaining it: Can someone tell me what exactly the Court means by having an internal political check when it comes to assessing the validity of a regulation under DCC?

bartleby
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Re: 1L Exam Prep and Motivation Thread

Postby bartleby » Sun Apr 29, 2012 6:53 pm

what are some property forks? like the word "only" and if its determinable/c.s.?

what else are some forks

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dabomb75
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Re: 1L Exam Prep and Motivation Thread

Postby dabomb75 » Sun Apr 29, 2012 7:04 pm

bartleby wrote:is there felony-murder?


Yes, there's a felony-murder provision or at least a substitute for it, but it's much weaker than the common law version. Common law version applies to any murders that occur while a defendant is committing a felony, whereas the MPC is just for specific crimes. It's the 2nd half of 210.2(1)(b) where it states "such recklessness and indifference are presumed if the actor is engaged or is an accomplice in the commission of....[a bunch of crimes]".

The common law simply imputed the culpability of the original felony to the murder as well, so if you intended to commit the original felony, then you intended to commit the later ones as well, including whatever caused the murder. Instead, the MPC presumes the recklessness and indifference to the value of human life. BUT, the MPC doesn't shift the burden to the defendant, but simply allows the prosecutor to get to the jury based on the presumption. From there, once in front of the jury, the jury still has to be given the instruction that the reckless and indifference have to be proven beyond a reasonable doubt, however they may take into account the presumption as evidence of this recklessness and indifference, under 1.12(5)(b). So in the end, you're not really getting the automatic imputation/presumption of recklessness and indifference to human life that would get you murder and it basically comes down much more to a jury question in the MPC rather than the common law.


bartleby wrote:how are you going to reconcile that a bunch of states adopt most of the provisions of the mpc but no state has adopted all of them


Not sure what you're asking here? It just....hasn't happened

bartleby wrote:what's the big MPC one that no one has adopted...rape? i forget - or maybe it was excuse or justification


Yea, the MPC's sexual offense provisions are way out of date since they're from the 1960's so most modern jurisdictions don't use the MPC's sexual offenses
Last edited by dabomb75 on Sun Apr 29, 2012 7:14 pm, edited 1 time in total.

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dabomb75
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Re: 1L Exam Prep and Motivation Thread

Postby dabomb75 » Sun Apr 29, 2012 7:13 pm

ilovesf wrote:
dabomb75 wrote:If anyone has any Crim Law questions regarding the MPC, I'm willing to answer any and all questions. Our test is primarily on the MPC so this'll be a good way for me to study.

i'll have some tomorrow after my con law exam is over, i can promise that.


sounds good, although today and tomorrow are the only days I'm gonna do this since my final's on Tuesday

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Eugenie Danglars
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Re: 1L Exam Prep and Motivation Thread

Postby Eugenie Danglars » Sun Apr 29, 2012 7:13 pm

crossarmant wrote:Okay... so I feel really confident now about ConLaw, but I have one question and my professor seems to do a historically bad job at explaining it: Can someone tell me what exactly the Court means by having an internal political check when it comes to assessing the validity of a regulation under DCC?



I'm not entirely sure what you mean with context, but we talked about making sure that their rulings are based on constitutional theory and not on what they would like to happen (personally/politically). My prof said that if the ruling comes out in a way that favors your own political philosophy, you should do a double check to make sure that it's doctrinally sound.

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MrPapagiorgio
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Re: 1L Exam Prep and Motivation Thread

Postby MrPapagiorgio » Sun Apr 29, 2012 7:14 pm

ilovesf wrote:
alicrimson wrote:I have a civ pro exam tomorrow. I am currently watching Legally Blonde with Acing Civ Pro open on my lap. Does this count as studying?

this is about 85% of what I do, so I hope so.

I can't even watch Legally Blonde anymore because it makes me think of this miserable place.

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$peppercorn
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Re: 1L Exam Prep and Motivation Thread

Postby $peppercorn » Sun Apr 29, 2012 7:18 pm

merc280 wrote:
rawrab wrote:
No- not unless you have done a title search etc.


Can you elaborate on this? I don't quite get what you're saying



Since you'd be going from a quitclaim deed, which is the least secure of the deeds that comes with no guarantees what so ever, to a warranty deed that is covered in case there are other people claiming the property you'd have to e sure by doing a title search that it was a deed you were sure of the record since you would be liable for alot more under warranty deed than a simple quitclaim deed.


Just because you might be liable for a lot more does not mean you cannot convey it. I'm pretty sure you can convey whatever type of deed (general warranty, quitclaim, etc) you want. It just might not be the best idea to do so.

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MrPapagiorgio
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Re: 1L Exam Prep and Motivation Thread

Postby MrPapagiorgio » Sun Apr 29, 2012 7:21 pm

$peppercorn wrote:
merc280 wrote:
rawrab wrote:
No- not unless you have done a title search etc.


Can you elaborate on this? I don't quite get what you're saying



Since you'd be going from a quitclaim deed, which is the least secure of the deeds that comes with no guarantees what so ever, to a warranty deed that is covered in case there are other people claiming the property you'd have to e sure by doing a title search that it was a deed you were sure of the record since you would be liable for alot more under warranty deed than a simple quitclaim deed.


Just because you might be liable for a lot more does not mean you cannot convey it. I'm pretty sure you can convey whatever type of deed (general warranty, quitclaim, etc) you want. It just might not be the best idea to do so.

TCR. My prof stated that if you have a quitclaim deed and convey an warranty deed, you are entitled to do so, just remember that you, as the conveyer of a deed with extra protections than what you were conveyed, are the last stop in the line of finger-pointing.

bartleby
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Re: 1L Exam Prep and Motivation Thread

Postby bartleby » Sun Apr 29, 2012 7:27 pm

dabomb75 wrote:
bartleby wrote:is there felony-murder?


Yes, there's a felony-murder provision or at least a substitute for it, but it's much weaker than the common law version. Common law version applies to any murders that occur while a defendant is committing a felony, whereas the MPC is just for specific crimes. It's the 2nd half of 210.2(1)(b) where it states "such recklessness and indifference are presumed if the actor is engaged or is an accomplice in the commission of....[a bunch of crimes]".

The common law simply imputed the culpability of the original felony to the murder as well, so if you intended to commit the original felony, then you intended to commit the later ones as well, including whatever caused the murder. Instead, the MPC presumes the recklessness and indifference to the value of human life. BUT, the MPC doesn't shift the burden to the defendant, but simply allows the prosecutor to get to the jury based on the presumption. From there, once in front of the jury, the jury still has to be given the instruction that the reckless and indifference have to be proven beyond a reasonable doubt, however they may take into account the presumption as evidence of this recklessness and indifference, under 1.12(5)(b). So in the end, you're not really getting the automatic imputation/presumption of recklessness and indifference to human life that would get you murder and it basically comes down much more to a jury question in the MPC rather than the common law.



what about that stuff from cl saying its gotta be a separate felony that isnt intertwined w/ murder

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crossarmant
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Re: 1L Exam Prep and Motivation Thread

Postby crossarmant » Sun Apr 29, 2012 7:30 pm

Eugenie Danglars wrote:
crossarmant wrote:Okay... so I feel really confident now about ConLaw, but I have one question and my professor seems to do a historically bad job at explaining it: Can someone tell me what exactly the Court means by having an internal political check when it comes to assessing the validity of a regulation under DCC?



I'm not entirely sure what you mean with context, but we talked about making sure that their rulings are based on constitutional theory and not on what they would like to happen (personally/politically). My prof said that if the ruling comes out in a way that favors your own political philosophy, you should do a double check to make sure that it's doctrinally sound.

I don't think that's quite. What this deals with is when a state law impeding ISC is neither facially discriminatory nor effectively discriminatory; when they assess if there is a less restrictive alternative available, the court should do an internal political check to see if "some group with a substantial influence in the legislature be adversely effected by the regulation." (That's what my prof said)

Am I right in thinking this means that like, in Minnesota v. Clover Leaf Creamery, the court should assess if the restriction of plastic milk containers would affect a group of people with clout with the MN Legislature? Like just to make sure that dairy producers in MN would be affected by this plastic jug ban too?

EDIT: Nvm... researching it, it turns out to merely by my professors terminology.




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