1L Exam Prep and Motivation Thread

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
User avatar
FeelTheHeat
Posts: 5203
Joined: Tue Jan 18, 2011 2:32 am

Re: 1L Exam Prep and Motivation Thread

Postby FeelTheHeat » Sat Nov 26, 2011 7:53 pm

Ok, so I totally get conflict pairings, objectives, and most of step one. I also get the idea of premises in step two. The problem I'm having is that my torts class entirely consisted of negligence with the exception of a few intentional torts. Thus, I don't see how to properly do the premises....for instance, the professor gives a set of facts and says to discuss any negligence claims A will have against B. Isn't the premises negligence???? I can't understand the proper way to proceed from there. Very frustrating.

User avatar
Extension_Cord
Posts: 592
Joined: Mon Sep 05, 2011 3:15 pm

Re: 1L Exam Prep and Motivation Thread

Postby Extension_Cord » Sat Nov 26, 2011 8:06 pm

FeelTheHeat wrote:Ok, so I totally get conflict pairings, objectives, and most of step one. I also get the idea of premises in step two. The problem I'm having is that my torts class entirely consisted of negligence with the exception of a few intentional torts. Thus, I don't see how to properly do the premises....for instance, the professor gives a set of facts and says to discuss any negligence claims A will have against B. Isn't the premises negligence???? I can't understand the proper way to proceed from there. Very frustrating.


I believe the premise is negligence.

If your professor only taught negligence you will be expected to know it inside and out. Know the sub premises, I haven't got to step three yet so maybe he gets to the subpremises, like actual and legal causation, statutory or custom breach as well as the defenses of implied and express Assumption of Risk, contributory and comparative (3 types) damages.

User avatar
brickman
Posts: 347
Joined: Mon Jun 29, 2009 2:59 am

Re: 1L Exam Prep and Motivation Thread

Postby brickman » Sat Nov 26, 2011 8:10 pm

how the fuck do you study for civ pro.

god damn

User avatar
sundance95
Posts: 2123
Joined: Wed Jun 09, 2010 7:44 pm

Re: 1L Exam Prep and Motivation Thread

Postby sundance95 » Sat Nov 26, 2011 8:13 pm

Get Acing Civil Procedure. Its just one big attack outline. Fill in with your class notes and do hypos. Profit.

User avatar
Extension_Cord
Posts: 592
Joined: Mon Sep 05, 2011 3:15 pm

Re: 1L Exam Prep and Motivation Thread

Postby Extension_Cord » Sat Nov 26, 2011 8:38 pm

What are you fellows putting down for the severity of the emotional distress in IIED?

I got extreme and outrageous dowm.

User avatar
alicrimson
Posts: 923
Joined: Sun Mar 14, 2010 6:27 pm

Re: 1L Exam Prep and Motivation Thread

Postby alicrimson » Sat Nov 26, 2011 8:39 pm

FeelTheHeat wrote:Ok, so I totally get conflict pairings, objectives, and most of step one. I also get the idea of premises in step two. The problem I'm having is that my torts class entirely consisted of negligence with the exception of a few intentional torts. Thus, I don't see how to properly do the premises....for instance, the professor gives a set of facts and says to discuss any negligence claims A will have against B. Isn't the premises negligence???? I can't understand the proper way to proceed from there. Very frustrating.


If your prof is anything like mine or the section 3 practice tests I've done, the directions are fairly straight forward. For instance, it'll say something like "Who can the neighbor file suit against and what are the likely defenses?" For negligence you'd go through and discuss each element and how the case works or doesn't work. My prof doesn't like a fancy rule statement. He's big on plug the facts into the elements and say how they apply or don't apply, raise the defenses, and does the claim survive defense's summary judgement motion. Look for other facts that create duty besides reasonable person, breach standards, causation issues, and potential defenses. If you're struggling with what to write or how to present it, model answers are great. Particularly those for your prof on TWEN. You can even join other sections classes and use their prof posted tests. Ideally your teacher will have posted enough to go off of with model answers and you can kind of tailor your structure to their preferences. Good luck!

User avatar
$peppercorn
Posts: 142
Joined: Sat Oct 15, 2011 2:49 pm

Re: 1L Exam Prep and Motivation Thread

Postby $peppercorn » Sat Nov 26, 2011 8:39 pm

FeelTheHeat wrote:Ok, so I totally get conflict pairings, objectives, and most of step one. I also get the idea of premises in step two. The problem I'm having is that my torts class entirely consisted of negligence with the exception of a few intentional torts. Thus, I don't see how to properly do the premises....for instance, the professor gives a set of facts and says to discuss any negligence claims A will have against B. Isn't the premises negligence???? I can't understand the proper way to proceed from there. Very frustrating.


OK so this is how I look at it. Negligence is too broad. I look at a premise as basically being rules to argue the facts from. Whenever you have a different rule you can apply, it can serve as the premise for a new argument. For example, someone who has an objective to recover on a negligence theory will have to show they were owed a duty. Premises may be that a duty was owed because of a special relationship (or some other premise) between the parties or that there is no duty because some other premise or rule. Any negligence answer will (probably) discuss duty, breach, causation, damages. Premises are the different rules of how those may exist. I think that's how it would work.

User avatar
ilovesf
Posts: 11804
Joined: Wed Oct 20, 2010 5:20 pm

Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Sat Nov 26, 2011 8:41 pm

alicrimson wrote:If your prof is anything like mine or the section 3 practice tests I've done, the directions are fairly straight forward. For instance, it'll say something like "Who can the neighbor file suit against and what are the likely defenses?" For negligence you'd go through and discuss each element and how the case works or doesn't work. My prof doesn't like a fancy rule statement. He's big on plug the facts into the elements and say how they apply or don't apply, raise the defenses, and does the claim survive defense's summary judgement motion. Look for other facts that create duty besides reasonable person, breach standards, causation issues, and potential defenses. If you're struggling with what to write or how to present it, model answers are great. Particularly those for your prof on TWEN. You can even join other sections classes and use their prof posted tests. Ideally your teacher will have posted enough to go off of with model answers and you can kind of tailor your structure to their preferences. Good luck!

lucky. most of my prompts have been just "identify all possible claims."

User avatar
alicrimson
Posts: 923
Joined: Sun Mar 14, 2010 6:27 pm

Re: 1L Exam Prep and Motivation Thread

Postby alicrimson » Sat Nov 26, 2011 8:42 pm

Extension_Cord wrote:What are you fellows putting down for the severity of the emotional distress in IIED?

I got extreme and outrageous dowm.


I thought that was the standard? IIED is sort of the red-headed stepchild of the intentional torts. It has the smallest returns and is what you go for if you can't get anything better. I was taught the extreme and outrageous standard from the 2nd restatement and that outrageous means conduct is so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community

User avatar
ph14
Posts: 3225
Joined: Mon Sep 12, 2011 11:15 pm

Re: 1L Exam Prep and Motivation Thread

Postby ph14 » Sat Nov 26, 2011 8:43 pm

ilovesf wrote:
alicrimson wrote:If your prof is anything like mine or the section 3 practice tests I've done, the directions are fairly straight forward. For instance, it'll say something like "Who can the neighbor file suit against and what are the likely defenses?" For negligence you'd go through and discuss each element and how the case works or doesn't work. My prof doesn't like a fancy rule statement. He's big on plug the facts into the elements and say how they apply or don't apply, raise the defenses, and does the claim survive defense's summary judgement motion. Look for other facts that create duty besides reasonable person, breach standards, causation issues, and potential defenses. If you're struggling with what to write or how to present it, model answers are great. Particularly those for your prof on TWEN. You can even join other sections classes and use their prof posted tests. Ideally your teacher will have posted enough to go off of with model answers and you can kind of tailor your structure to their preferences. Good luck!

lucky. most of my prompts have been just "identify all possible claims."


That's how most of mine are too. Although I think you win all possible claims for roughness with the closed book property exam.

User avatar
alicrimson
Posts: 923
Joined: Sun Mar 14, 2010 6:27 pm

Re: 1L Exam Prep and Motivation Thread

Postby alicrimson » Sat Nov 26, 2011 8:44 pm

ilovesf wrote:
alicrimson wrote:If your prof is anything like mine or the section 3 practice tests I've done, the directions are fairly straight forward. For instance, it'll say something like "Who can the neighbor file suit against and what are the likely defenses?" For negligence you'd go through and discuss each element and how the case works or doesn't work. My prof doesn't like a fancy rule statement. He's big on plug the facts into the elements and say how they apply or don't apply, raise the defenses, and does the claim survive defense's summary judgement motion. Look for other facts that create duty besides reasonable person, breach standards, causation issues, and potential defenses. If you're struggling with what to write or how to present it, model answers are great. Particularly those for your prof on TWEN. You can even join other sections classes and use their prof posted tests. Ideally your teacher will have posted enough to go off of with model answers and you can kind of tailor your structure to their preferences. Good luck!

lucky. most of my prompts have been just "identify all possible claims."


Yeah, its kind of nice. This is how torts is...Ks is different. Its also great because in some of them you can kind of steal potential conflict pairings based on the way each question is worded....or at least that's how 2010 was tested. Loves.

User avatar
$peppercorn
Posts: 142
Joined: Sat Oct 15, 2011 2:49 pm

Re: 1L Exam Prep and Motivation Thread

Postby $peppercorn » Sat Nov 26, 2011 8:45 pm

Extension_Cord wrote:What are you fellows putting down for the severity of the emotional distress in IIED?

I got extreme and outrageous dowm.


Ive got extreme and outrageous as describing the conduct that leads to the severe emotional distress. As far as determining if it IS severe, my professor said they may need an expert witness. Just my professor though..

adonai
Posts: 1033
Joined: Mon Apr 23, 2007 9:09 pm

Re: 1L Exam Prep and Motivation Thread

Postby adonai » Sat Nov 26, 2011 8:50 pm

Can we stop talking about torts and rant about how boring, tedious, dry, and difficult property is?

User avatar
$peppercorn
Posts: 142
Joined: Sat Oct 15, 2011 2:49 pm

Re: 1L Exam Prep and Motivation Thread

Postby $peppercorn » Sat Nov 26, 2011 8:51 pm

adonai wrote:Can we stop talking about torts and rant about how boring, tedious, dry, and difficult property is?


Fortunately, I don't have property until next semester.

edit* But I believe you.
Last edited by $peppercorn on Sat Nov 26, 2011 8:51 pm, edited 1 time in total.

User avatar
ph14
Posts: 3225
Joined: Mon Sep 12, 2011 11:15 pm

Re: 1L Exam Prep and Motivation Thread

Postby ph14 » Sat Nov 26, 2011 8:51 pm

adonai wrote:Can we stop talking about torts and rant about how boring, tedious, dry, and difficult property is?


I can get behind this. But I think admin. law might be more dry.

User avatar
ilovesf
Posts: 11804
Joined: Wed Oct 20, 2010 5:20 pm

Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Sat Nov 26, 2011 8:58 pm

$peppercorn wrote:
Extension_Cord wrote:What are you fellows putting down for the severity of the emotional distress in IIED?

I got extreme and outrageous dowm.


Ive got extreme and outrageous as describing the conduct that leads to the severe emotional distress. As far as determining if it IS severe, my professor said they may need an expert witness. Just my professor though..

Yeah exactly. the conduct that led to IIED is outrageous & extreme, and the distress is severe. You can't claim IIED only if you're upset, you have to be severely affected (medically, or maybe not going to work and losing your job, etc)

User avatar
ilovesf
Posts: 11804
Joined: Wed Oct 20, 2010 5:20 pm

Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Sat Nov 26, 2011 8:59 pm

ph14 wrote:
adonai wrote:Can we stop talking about torts and rant about how boring, tedious, dry, and difficult property is?


I can get behind this. But I think admin. law might be more dry.

:oops: i like property

adonai
Posts: 1033
Joined: Mon Apr 23, 2007 9:09 pm

Re: 1L Exam Prep and Motivation Thread

Postby adonai » Sat Nov 26, 2011 9:01 pm

ilovesf wrote:
ph14 wrote:
adonai wrote:Can we stop talking about torts and rant about how boring, tedious, dry, and difficult property is?


I can get behind this. But I think admin. law might be more dry.

:oops: i like property

Do you also like scrubbing rocks and watching paint dry? :shock:

User avatar
bostonlawchick
Posts: 439
Joined: Tue Nov 17, 2009 10:09 am

Re: 1L Exam Prep and Motivation Thread

Postby bostonlawchick » Sat Nov 26, 2011 9:08 pm

adonai wrote:Can we stop talking about torts and rant about how boring, tedious, dry, and difficult property is?


+1000

Property makes me want to cry. Much more so because my professor is all about policy and whether we feel this or that is right or wrong. We spend most of the class talking about people's opinions, which is boring and not incredibly useful.

User avatar
ph14
Posts: 3225
Joined: Mon Sep 12, 2011 11:15 pm

Re: 1L Exam Prep and Motivation Thread

Postby ph14 » Sat Nov 26, 2011 9:13 pm

bostonlawchick wrote:
adonai wrote:Can we stop talking about torts and rant about how boring, tedious, dry, and difficult property is?


+1000

Property makes me want to cry. Much more so because my professor is all about policy and whether we feel this or that is right or wrong. We spend most of the class talking about people's opinions, which is boring and not incredibly useful.


Similar to my prof, it's very tough. Wish we spent more time learning the BLL. We also covered the entire casebook, so it's tons and tons of material.

User avatar
dabomb75
Posts: 376
Joined: Wed Jan 14, 2009 10:56 pm

Re: 1L Exam Prep and Motivation Thread

Postby dabomb75 » Sat Nov 26, 2011 9:17 pm

adonai wrote:Can we stop talking about torts and rant about how boring, tedious, dry, and difficult property is?


uuuuuuugh. I didn't particularly hate the class during the semester, but actually studying for it is a whole nother story. There's just so much crap and it's such BS useless rule stuff.

Also, apparently my professor tests on literally every section of the class on his exams, so I'm going to have to know my entire 100 page syllabus back and forth


Gonna be taking a full 3.5 hr civ pro exam after dinner today, that should be absolutely scintillating.... Civ Pro is my favorite class though, so hopefully that has some positive effect when it comes to the actual test
Last edited by dabomb75 on Sat Nov 26, 2011 9:22 pm, edited 1 time in total.

User avatar
ilovesf
Posts: 11804
Joined: Wed Oct 20, 2010 5:20 pm

Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Sat Nov 26, 2011 9:21 pm

adonai wrote:
ilovesf wrote: :oops: i like property

Do you also like scrubbing rocks and watching paint dry? :shock:

My property class was generally fun. My prof is young, hot, european, and had really funny slides throughout the semester. We spent a month on IP (though it is hardly going to be tested - that is annoying). When comparing it to torts and civpro, I definitely like it the most. In torts all we covered were intentional torts (I liked those), negligence and product liability. Everything went by at a snail's pace and it was incredibly boring. And civpro is just..civpro. ugh. I like civpro more now that I actually understand it, but I still don't actually like it.

User avatar
bostonlawchick
Posts: 439
Joined: Tue Nov 17, 2009 10:09 am

Re: 1L Exam Prep and Motivation Thread

Postby bostonlawchick » Sat Nov 26, 2011 9:22 pm

dabomb75 wrote:
adonai wrote:Can we stop talking about torts and rant about how boring, tedious, dry, and difficult property is?


uuuuuuugh. I didn't particularly hate the class during the semester, but actually studying for it is a whole nother story. There's just so much crap and it's such BS useless rule stuff.

Also, apparently my professor tests on literally every section of the class on his exams, so I'm going to have to know my entire 100 page syllabus back and forth


On the bright side, at least you won't spend tons of time studying something you don't need to know? I hate when that happens. The thing you know backwards and forwards is never there, but then the little issue you forgot to spend time on is worth 50% of the grade. Boo.

Good luck man.

User avatar
bostonlawchick
Posts: 439
Joined: Tue Nov 17, 2009 10:09 am

Re: 1L Exam Prep and Motivation Thread

Postby bostonlawchick » Sat Nov 26, 2011 9:25 pm

ilovesf wrote:And civpro is just..civpro. ugh. I like civpro more now that I actually understand it, but I still don't actually like it.



Buh... civpro is terrible. Ours is a year-long class so I don't have an exam this semester, which is a blessing now but will come back to bite me. I have been phoning it in all semester, especially since I've already had my turn at being called on. I doubt I could tell you a thing I've learned. Guess I know how I'll be spending winter break.

User avatar
Extension_Cord
Posts: 592
Joined: Mon Sep 05, 2011 3:15 pm

Re: 1L Exam Prep and Motivation Thread

Postby Extension_Cord » Sat Nov 26, 2011 9:26 pm

Does anyone have any written Torts exams with model answers? I'd be interested writting them out and comparing my responces. Most of the ones I have found online are just too simple, a half page with instructions to look for negligence COAs. I would like to try out some real questions but unfortunately this is my professors first time teaching torts and I don't have any models. I understand each professors style is different, thats why Im more interested in the hypos.




Return to “Forum for Law School Students”

Who is online

Users browsing this forum: brendo17, davey jones, kensey, Yahoo [Bot] and 8 guests