1L Exam Prep and Motivation Thread

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jessuf
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Re: 1L Exam Prep and Motivation Thread

Postby jessuf » Mon Apr 30, 2012 12:49 pm

Time for a RAP question! I have trouble figuring out who can be a validating life/measuring life/life in being/whatever.

T devises property "to A for life and on A's death to A's children for their lives, and upon the death of A and A's children, to [ ]." A and B survive T. Is the devise of the remainder in fee simple valid or void if the following words are inserted in the bracket?
(a) [B if A dies childless]
(b) [B if A has no grandchildren then living]
(c) [B's children]
(d) [B's children then living]
(e) [A's grandchildren]
(f) [T's grandchildren]

I don't think I have an answer from my professor for this. I will have to scour TWEN.

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jessuf
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Re: 1L Exam Prep and Motivation Thread

Postby jessuf » Mon Apr 30, 2012 12:58 pm

Jessuf wrote:Time for a RAP question! I have trouble figuring out who can be a validating life/measuring life/life in being/whatever.

T devises property "to A for life and on A's death to A's children for their lives, and upon the death of A and A's children, to [ ]." A and B survive T. Is the devise of the remainder in fee simple valid or void if the following words are inserted in the bracket?
(a) [B if A dies childless]
(b) [B if A has no grandchildren then living]
(c) [B's children]
(d) [B's children then living]
(e) [A's grandchildren]
(f) [T's grandchildren]

I don't think I have an answer from my professor for this. I will have to scour TWEN.


Okay, the answers he gave are:
(a) Good under RAP because A is alive now. During the life or by the death of A, we’ll know if the interest vests or fails.
(b) “Then living” usually means interest is void. Not possible to find a validating life.
(c) B is alive. B will either have kids or die without, so this will vest or fail during B's life or at death.
(d) Void. Not possible to find a validating life – don’t have any way to identify which of B’s children will be living at death of A and A’s children.
(e) Answer not given.
(f) Answer not given.

Because it says A and B survive T, can I only use A or B as the validating life?

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dabomb75
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Re: 1L Exam Prep and Motivation Thread

Postby dabomb75 » Mon Apr 30, 2012 1:00 pm

akili wrote:I'm struggling a bit with accomplice liability mens rea

For Conduct elements the accomplice has to have purpose/intent
For Result and Circumstance I have that the accomplice must have the same mens rea as the principal

So if the accomplice intended for the principal to break in to a house, but the principal was crazy intoxicated and didn't know it was the wrong house...can the accomplice be found liable? (the result was the accidental death of the accomplice's friend)


Under Common Law, I have that conduct, result, and circumstance elements are all elevated to purposeful for the accomplice

Also, in the hypo, is it the principal that the accidental death happens to, or another random friend of the accomplice?

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Shammis
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Re: 1L Exam Prep and Motivation Thread

Postby Shammis » Mon Apr 30, 2012 1:02 pm

Civ Pro on Friday - Cram time.

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akili
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Re: 1L Exam Prep and Motivation Thread

Postby akili » Mon Apr 30, 2012 1:06 pm

dabomb75 wrote:
akili wrote:I'm struggling a bit with accomplice liability mens rea

For Conduct elements the accomplice has to have purpose/intent
For Result and Circumstance I have that the accomplice must have the same mens rea as the principal

So if the accomplice intended for the principal to break in to a house, but the principal was crazy intoxicated and didn't know it was the wrong house...can the accomplice be found liable? (the result was the accidental death of the accomplice's friend)


Under Common Law, I have that conduct, result, and circumstance elements are all elevated to purposeful for the accomplice

Also, in the hypo, is it the principal that the accidental death happens to, or another random friend of the accomplice?


Another random friend.

Ugh. Crim is hurting my head.

merc280
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Re: 1L Exam Prep and Motivation Thread

Postby merc280 » Mon Apr 30, 2012 1:17 pm

ahhh property test in 45 minutes. Now trying to find a way to calm the hell down and run through all of the info in my head. I know its in there, I just have to find it. Ive started seeing these tests as numbers games, and the only thing I keep telling myself is to stop focusing on the whole test and just rack up as many points as possible and that should lead to a higher score.

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TheFutureLawyer
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Re: 1L Exam Prep and Motivation Thread

Postby TheFutureLawyer » Mon Apr 30, 2012 4:00 pm

*puts head down for 20 min*


BEST. NAP. EVER.

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crossarmant
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Re: 1L Exam Prep and Motivation Thread

Postby crossarmant » Mon Apr 30, 2012 4:14 pm

ConLaw final in 2 hours.

How it will go...
Image

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Dany
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Re: 1L Exam Prep and Motivation Thread

Postby Dany » Mon Apr 30, 2012 4:15 pm

crossarmant wrote:ConLaw final in 2 hours.

How it will go...
Image

:lol:

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akili
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Re: 1L Exam Prep and Motivation Thread

Postby akili » Mon Apr 30, 2012 4:23 pm

I have to go take another practice test in the library, but I REEEEALLY don't want to go.

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Mon Apr 30, 2012 4:46 pm

Ugh con law was SO hard. Pretty sure I got none of the MC right. Just had to get that out of my system. Moving onto crim on Friday.

merc280
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Re: 1L Exam Prep and Motivation Thread

Postby merc280 » Mon Apr 30, 2012 5:17 pm

Just finished the property exam. Not sure how i feel about it. Though I think it went well, I accidentally glanced at another student turning his test in and he was top 5% last semester and a few of mine were different, the ones I guessed on. Probably means I got at the very least 3 wrong.

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tedalbany
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Re: 1L Exam Prep and Motivation Thread

Postby tedalbany » Mon Apr 30, 2012 5:20 pm

In an employment contract - if employer breaches prior to the employee starting work, can the employee recover the wages for the term? (i.e. if it's a 1 year employment contract for $50k, can the employee recover the $50k?)

RedHouse1967
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Re: 1L Exam Prep and Motivation Thread

Postby RedHouse1967 » Mon Apr 30, 2012 5:30 pm

So time definitely got away from me in outlining for one class.

Assuming sack-up and do both isn't an option, is it a better idea to:

A) Use an old outline from the class. Go through it with the supplement/casebook to make adjustments and corrections. Have time to take practice exams; or

B) Make my own outline from scratch and maybe forgo taking any more practice exams.

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Mon Apr 30, 2012 5:34 pm

RedHouse1967 wrote:So time definitely got away from me in outlining for one class.

Assuming sack-up and do both isn't an option, is it a better idea to:

A) Use an old outline from the class. Go through it with the supplement/casebook to make adjustments and corrections. Have time to take practice exams; or

B) Make my own outline from scratch and maybe forgo taking any more practice exams.

is the test open or closed book?

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LeDique
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Re: 1L Exam Prep and Motivation Thread

Postby LeDique » Mon Apr 30, 2012 5:35 pm

RedHouse1967 wrote:So time definitely got away from me in outlining for one class.

Assuming sack-up and do both isn't an option, is it a better idea to:

A) Use an old outline from the class. Go through it with the supplement/casebook to make adjustments and corrections. Have time to take practice exams; or

B) Make my own outline from scratch and maybe forgo taking any more practice exams.


Really depends how you learn better. I learn better by doing problems so I'd pick a, but if that's not how you learn best, do what helps you best.

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JenDarby
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Re: 1L Exam Prep and Motivation Thread

Postby JenDarby » Mon Apr 30, 2012 5:41 pm

I think pract exams are key. I also think since outlines aren't a means to an end B wouldn't be the best. Split the difference. Use the pre fab outline. Print and type it in your own words, with your formatting, adding where/if necessary. That take me about half the time if not less of my own outline, and it ends up being more complete.

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skw
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Re: 1L Exam Prep and Motivation Thread

Postby skw » Mon Apr 30, 2012 5:49 pm

merc280 wrote:Just finished the property exam. Not sure how i feel about it. Though I think it went well, I accidentally glanced at another student turning his test in and he was top 5% last semester and a few of mine were different, the ones I guessed on. Probably means I got at the very least 3 wrong.

Similar situation here. I felt like I nailed the essays (total of 6 essay Qs), but there were a couple of short answers I was iffy on (closed book, so couldn't check). I'm pretty certain short answers are weighted less, but it still bothers me. I always agonize over an exam for 24 hours until I am blissfully able to freaking forget what was on it. Here's to hoping that happens sooner rather than later. Tomorrow, on to Ks...

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kapital98
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Re: 1L Exam Prep and Motivation Thread

Postby kapital98 » Mon Apr 30, 2012 5:51 pm

ilovesf wrote:Ugh con law was SO hard. Pretty sure I got none of the MC right. Just had to get that out of my system. Moving onto crim on Friday.


During the exam I thought about writing Massey a short email about how B.S. some of his MC questions were. WTF?!?!?

Not to talk about the exam: But some of the (long) question prompts opened up very debatable answers. On his practice MC problems he even said something along the lines of, "This is debatable... probably a better short answer question... but I think this is the correct answer."

At least the essay question was refreshingly short. This is the first law school exam I've ever seen people leave 30-60 minutes early. (Mostly the gunners that sit in the front row of Crim Law.)
Last edited by kapital98 on Mon Apr 30, 2012 5:54 pm, edited 1 time in total.

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$peppercorn
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Re: 1L Exam Prep and Motivation Thread

Postby $peppercorn » Mon Apr 30, 2012 5:52 pm

Jessuf wrote:
Jessuf wrote:Time for a RAP question! I have trouble figuring out who can be a validating life/measuring life/life in being/whatever.

T devises property "to A for life and on A's death to A's children for their lives, and upon the death of A and A's children, to [ ]." A and B survive T. Is the devise of the remainder in fee simple valid or void if the following words are inserted in the bracket?
(a) [B if A dies childless]
(b) [B if A has no grandchildren then living]
(c) [B's children]
(d) [B's children then living]
(e) [A's grandchildren]
(f) [T's grandchildren]

I don't think I have an answer from my professor for this. I will have to scour TWEN.


Okay, the answers he gave are:
(a) Good under RAP because A is alive now. During the life or by the death of A, we’ll know if the interest vests or fails.
(b) “Then living” usually means interest is void. Not possible to find a validating life.
(c) B is alive. B will either have kids or die without, so this will vest or fail during B's life or at death.
(d) Void. Not possible to find a validating life – don’t have any way to identify which of B’s children will be living at death of A and A’s children.
(e) Answer not given.
(f) Answer not given.

Because it says A and B survive T, can I only use A or B as the validating life?


I don't know who else could possibly be a validating life besides A and B. I don't think T is because the interests were devised. Also, I think (e) is void based off the fertile octogenarian rule. Assuming T even has a Child at his death, I think (f) would also be void for the fertile octogenarian rule.

sknight323
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Re: 1L Exam Prep and Motivation Thread

Postby sknight323 » Mon Apr 30, 2012 6:06 pm

The easiest way to do the RAP is the create, kill, count method.

Get all the lives in being at the time of the conveyance
create a hypothetical life that fills the class, e.g., A's child
KILL everyone EXCEPT for the hypothetical being
see if it vests within 21 years to the hypothetical being

With that said . . . I've got a tough future interest here that I need some help classifying.


O to "A for life, then to B as long as he remains unmarried, then to carlos if he survives Ben, but if Carlos does not survive, then to my grandchildren then living."


I'm confused. .. the interplay between B and C is messing me up. Any help?

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Arbiter213
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Re: 1L Exam Prep and Motivation Thread

Postby Arbiter213 » Mon Apr 30, 2012 6:47 pm

sknight323 wrote:The easiest way to do the RAP is the create, kill, count method.

Get all the lives in being at the time of the conveyance
create a hypothetical life that fills the class, e.g., A's child
KILL everyone EXCEPT for the hypothetical being
see if it vests within 21 years to the hypothetical being

With that said . . . I've got a tough future interest here that I need some help classifying.


O to "A for life, then to B as long as he remains unmarried, then to carlos if he survives Ben, but if Carlos does not survive, then to my grandchildren then living."


I'm confused. .. the interplay between B and C is messing me up. Any help?


A has a life estate. B has a vested remainder in a life estate subject to an executory limitation. C has a vested remainder subject to total divestment should he die before Ben. O's grandchildren have an alternative contingent remainder on the condition precedent that Carlos dies before ben.
Last edited by Arbiter213 on Mon Apr 30, 2012 7:07 pm, edited 2 times in total.

RedHouse1967
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Re: 1L Exam Prep and Motivation Thread

Postby RedHouse1967 » Mon Apr 30, 2012 6:53 pm

ilovesf wrote:
RedHouse1967 wrote:So time definitely got away from me in outlining for one class.

Assuming sack-up and do both isn't an option, is it a better idea to:

A) Use an old outline from the class. Go through it with the supplement/casebook to make adjustments and corrections. Have time to take practice exams; or

B) Make my own outline from scratch and maybe forgo taking any more practice exams.

is the test open or closed book?


Open book

shock259
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Re: 1L Exam Prep and Motivation Thread

Postby shock259 » Mon Apr 30, 2012 6:57 pm

Con Law t-minus 18 hours.

Feeling good - just relaxing, focusing on big picture, reading through some case summaries, breezing over outline, etc. Will probs stop studying in teh next hour or so, take a bath, and play videogames.

sknight323
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Re: 1L Exam Prep and Motivation Thread

Postby sknight323 » Mon Apr 30, 2012 7:01 pm

Arbiter213 wrote:
sknight323 wrote:The easiest way to do the RAP is the create, kill, count method.

Get all the lives in being at the time of the conveyance
create a hypothetical life that fills the class, e.g., A's child
KILL everyone EXCEPT for the hypothetical being
see if it vests within 21 years to the hypothetical being

With that said . . . I've got a tough future interest here that I need some help classifying.


O to "A for life, then to B as long as he remains unmarried, then to carlos if he survives Ben, but if Carlos does not survive, then to my grandchildren then living."


I'm confused. .. the interplay between B and C is messing me up. Any help?


A has a life estate. B has a remainder in a life estate subject to an executory limitation. C has a vested remainder subject to total divestment should he die before Ben. O's grandchildren have an alternative contingent remainder on the condition precedent that Carlos dies before ben.



Could B have a vested remainder subject to divestment because he could divested of his interest before it becomes possessory?




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