1L Exam Prep and Motivation Thread

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TheFutureLawyer
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Re: 1L Exam Prep and Motivation Thread

Postby TheFutureLawyer » Sun Apr 29, 2012 8:19 pm

Anyone got Property Exams w/ Answers? Would really just like to see some full answers.

Ks would be welcome, too.

thanks.

merc280
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Re: 1L Exam Prep and Motivation Thread

Postby merc280 » Sun Apr 29, 2012 8:30 pm

TheFutureLawyer wrote:Anyone got Property Exams w/ Answers? Would really just like to see some full answers.

Ks would be welcome, too.

thanks.



https://www.dropbox.com/sh/qh1o9a71udvwhxn/y6aoPlLez-

This link I got from another thread has pretty good property exams with the answers.

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TheFutureLawyer
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Re: 1L Exam Prep and Motivation Thread

Postby TheFutureLawyer » Sun Apr 29, 2012 8:38 pm

merc280 wrote:
TheFutureLawyer wrote:Anyone got Property Exams w/ Answers? Would really just like to see some full answers.

Ks would be welcome, too.

thanks.



https://www.dropbox.com/sh/qh1o9a71udvwhxn/y6aoPlLez-

This link I got from another thread has pretty good property exams with the answers.


--ImageRemoved--

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TTTLS
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Re: 1L Exam Prep and Motivation Thread

Postby TTTLS » Sun Apr 29, 2012 8:45 pm

So burnt out. :(

LOLyer
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Re: 1L Exam Prep and Motivation Thread

Postby LOLyer » Sun Apr 29, 2012 8:46 pm

This better be fucking worth it.

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alicrimson
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Re: 1L Exam Prep and Motivation Thread

Postby alicrimson » Sun Apr 29, 2012 8:49 pm

Legally Blonde + "." thread= refreshed and ready for civ pro tomorrow.

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TTTLS
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Re: 1L Exam Prep and Motivation Thread

Postby TTTLS » Sun Apr 29, 2012 8:50 pm

I am horrifyingly behind for civ pro.

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$peppercorn
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Re: 1L Exam Prep and Motivation Thread

Postby $peppercorn » Sun Apr 29, 2012 8:59 pm

First final is civ pro on Wednesday. Not looking forward to it.

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MrPapagiorgio
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Re: 1L Exam Prep and Motivation Thread

Postby MrPapagiorgio » Sun Apr 29, 2012 9:00 pm

$peppercorn wrote:First final is civ pro on Wednesday. Not looking forward to it.

ConLaw on tuesday. Finished my outline a week ago, haven't looked at it since and can't believe it's 9PM already and I've done nothing all day. Meh.

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TheFutureLawyer
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Re: 1L Exam Prep and Motivation Thread

Postby TheFutureLawyer » Sun Apr 29, 2012 9:05 pm

TTTLS wrote:I am horrifyingly behind for civ pro.


Been going through the semester not understanding, at all, RAP. When people talk about it, I nod my head like I have some clue what it stands for.

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$peppercorn
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Re: 1L Exam Prep and Motivation Thread

Postby $peppercorn » Sun Apr 29, 2012 9:25 pm

TheFutureLawyer wrote:
TTTLS wrote:I am horrifyingly behind for civ pro.


Been going through the semester not understanding, at all, RAP. When people talk about it, I nod my head like I have some clue what it stands for.

The rumor is my professor only give one question about RAP on our take home exam and it is basically a gimme. I'm Pretty pumped about that.

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Sun Apr 29, 2012 9:41 pm

Reading my professor's past explanations of exam questions, I feel like he totally asks way too much of us and there's no way in the world I can actually answer any of this. The only hope I have is that the B+ median score only got half of the credit of the whole exam.

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dabomb75
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Re: 1L Exam Prep and Motivation Thread

Postby dabomb75 » Sun Apr 29, 2012 10:18 pm

bartleby wrote:
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


don't know as much about the CL provisions, sorry. But I think you're right about the CL saying that the murder can't be so intertwined with the felony at hand (for example child abuse that lead to a death wouldn't count under CL felony murder I think)

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sundance95
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Re: 1L Exam Prep and Motivation Thread

Postby sundance95 » Sun Apr 29, 2012 10:33 pm

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

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


don't know as much about the CL provisions, sorry. But I think you're right about the CL saying that the murder can't be so intertwined with the felony at hand (for example child abuse that lead to a death wouldn't count under CL felony murder I think)

You're talking about merger doctrine. Because every homicide is also an assault, a rule that any felony at all would suffice for felony murder would swallow manslaughter. Hence the merger rule.

umstah
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Re: 1L Exam Prep and Motivation Thread

Postby umstah » Sun Apr 29, 2012 11:05 pm

Con question -

I feel I know the commerce clause more or less, but there is just one thing that is giving me trouble:

under Reno v. Condon and New York, using the commerce clause you can't compel state action - it's okay if it's a "prohibition of conduct"

under Garcia, the Court said that the traditional government function test was dumb, and dropped it - allowing flsa to be applied to state employees.

my question is the following: is garcia okay in light of reno because the flsa pre empted the regulatory framework for minimum wage completely? i guess im slightly confused - if according to reno, you can't force the states to do things, only "prohibit conduct" then how is this different.

im 65% sure this question is dumb, but i'm confused. so yeah.

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dabomb75
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Re: 1L Exam Prep and Motivation Thread

Postby dabomb75 » Sun Apr 29, 2012 11:07 pm

sundance95 wrote:
bartleby wrote:
dabomb75 wrote:
bartleby wrote:is there felony-murder?

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


don't know as much about the CL provisions, sorry. But I think you're right about the CL saying that the murder can't be so intertwined with the felony at hand (for example child abuse that lead to a death wouldn't count under CL felony murder I think)

You're talking about merger doctrine. Because every homicide is also an assault, a rule that any felony at all would suffice for felony murder would swallow manslaughter. Hence the merger rule.


yea, we never really went into detail about the common law provisions, and I've never even heard of the merger doctrine :?

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reasonable troll
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Re: 1L Exam Prep and Motivation Thread

Postby reasonable troll » Sun Apr 29, 2012 11:28 pm

umstah wrote:Con question -

I feel I know the commerce clause more or less, but there is just one thing that is giving me trouble:

under Reno v. Condon and New York, using the commerce clause you can't compel state action - it's okay if it's a "prohibition of conduct"

under Garcia, the Court said that the traditional government function test was dumb, and dropped it - allowing flsa to be applied to state employees.

my question is the following: is garcia okay in light of reno because the flsa pre empted the regulatory framework for minimum wage completely? i guess im slightly confused - if according to reno, you can't force the states to do things, only "prohibit conduct" then how is this different.

im 65% sure this question is dumb, but i'm confused. so yeah.


I think the point emphasized for Garcia is that its okay to regulate as long as the regulation is imposed evenly - meaning on both state and private employers. The modern Tenth Amendent problems like in Reno have to do with forcing the state only to do the fed's bidding - that is impermissible.

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Sun Apr 29, 2012 11:46 pm

I think different classes will focus on different aspects of Garcia. Our class focused mostly on how it eliminated substantive state immunity because it is too hard to determine what a traditional government function is. It affirmed the notion of procedural immunity and did not find it applicable there. I didn't read the other case so I am not sure how it fits with Garcia.

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alicrimson
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Re: 1L Exam Prep and Motivation Thread

Postby alicrimson » Sun Apr 29, 2012 11:47 pm

For all you civ pro savants, in what circumstances is a discovery order appealable in federal court? Than you, thank you!

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crossarmant
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Re: 1L Exam Prep and Motivation Thread

Postby crossarmant » Sun Apr 29, 2012 11:48 pm

I... I... I just don't want to do this anymore. I'm so stressed, I'm losing my hair, I'm finding gray hairs in my beard, I've put on 10lbs, I am borderline alcoholic... 1L, what have you done to me!? This year just needs to end. ConLaw tomorrow night and Crim on Friday, freedom is so close.

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TheFutureLawyer
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Re: 1L Exam Prep and Motivation Thread

Postby TheFutureLawyer » Sun Apr 29, 2012 11:53 pm

Is it just me, or is RAP far and away the hardest doctrine to understand from first year?

Joinder / Class Actions would be 2nd.

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crossarmant
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Re: 1L Exam Prep and Motivation Thread

Postby crossarmant » Sun Apr 29, 2012 11:56 pm

TheFutureLawyer wrote:Is it just me, or is RAP far and away the hardest doctrine to understand from first year?

Joinder / Class Actions would be 2nd.

I don't know, RAP just kinda clicked for me. Our prof built it up like it was the end of days and we would all be destroyed by it but it made sense to me. Joinder was the biggest dick of a doctrine for me, followed closely by Dormant Commerce Clause.

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Sun Apr 29, 2012 11:59 pm

TheFutureLawyer wrote:Is it just me, or is RAP far and away the hardest doctrine to understand from first year?

Joinder / Class Actions would be 2nd.

It's not just you. Fuck RAP.

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emkay625
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Re: 1L Exam Prep and Motivation Thread

Postby emkay625 » Mon Apr 30, 2012 12:03 am

Sending good vibes to all of you.

shock259
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Re: 1L Exam Prep and Motivation Thread

Postby shock259 » Mon Apr 30, 2012 12:06 am

BURNING OUT




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