1L Exam Prep and Motivation Thread

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Sat Nov 26, 2011 9:32 pm

Extension_Cord wrote: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.

If you're really desperate I can e-mail you some, sadly they aren't on the internet for everyone.

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alicrimson
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Re: 1L Exam Prep and Motivation Thread

Postby alicrimson » Sat Nov 26, 2011 10:27 pm

Oh awful...Took a K practice test tonight. It did not go well....perhaps its the 5 plus hours of studying before the test and the later night factor. Either way, I'm very glad the test is my last one. Blech! What I dislike is that I did well on the test he gave us to do and bring back for him to look at. I was most confident in Ks and its turning out to be more difficult. I think I'm going to plug at it tomorrow. I understand the concepts...some of them just bleed oddly together. Oh well...outline studying it is.

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brickman
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Re: 1L Exam Prep and Motivation Thread

Postby brickman » Sat Nov 26, 2011 10:27 pm

sundance95 wrote:Get Acing Civil Procedure. Its just one big attack outline. Fill in with your class notes and do hypos. Profit.


professor loves throwing in little purposes arguments (as I look at his exams) and he barely touched on this shit and E&E's dont deal with it and acing civ pro (while awesome and I love it) doesn't really begin to touch on this.

so in the mean time, just thinking about the intersection of the FRCP, Fed statute, and Constitutional provisions and how they produce (or don't) fair and efficient outcomes. Also, I just realized this today. fucking hell.

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Sat Nov 26, 2011 10:29 pm

brickman wrote:
sundance95 wrote:Get Acing Civil Procedure. Its just one big attack outline. Fill in with your class notes and do hypos. Profit.


professor loves throwing in little purposes arguments (as I look at his exams) and he barely touched on this shit and E&E's dont deal with it and acing civ pro (while awesome and I love it) doesn't really begin to touch on this.

so in the mean time, just thinking about the intersection of the FRCP, Fed statute, and Constitutional provisions and how they produce (or don't) fair and efficient outcomes. Also, I just realized this today. fucking hell.

have you tried cali lessons?

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brickman
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Re: 1L Exam Prep and Motivation Thread

Postby brickman » Sat Nov 26, 2011 10:36 pm

ilovesf wrote:
brickman wrote:
sundance95 wrote:Get Acing Civil Procedure. Its just one big attack outline. Fill in with your class notes and do hypos. Profit.


professor loves throwing in little purposes arguments (as I look at his exams) and he barely touched on this shit and E&E's dont deal with it and acing civ pro (while awesome and I love it) doesn't really begin to touch on this.

so in the mean time, just thinking about the intersection of the FRCP, Fed statute, and Constitutional provisions and how they produce (or don't) fair and efficient outcomes. Also, I just realized this today. fucking hell.

have you tried cali lessons?


I don't have a life, I do everything. but still, it just sunk in today what my professor was getting at so just thinking it over a ton. going well so far.

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skw
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Re: 1L Exam Prep and Motivation Thread

Postby skw » Sat Nov 26, 2011 10:58 pm

Extension_Cord wrote: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.


This is a great resource for all subjects, and I found the Torts exams with answers especially helpful.
--LinkRemoved--

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theavrock
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Re: 1L Exam Prep and Motivation Thread

Postby theavrock » Sat Nov 26, 2011 11:37 pm

skw wrote:
Extension_Cord wrote: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.


This is a great resource for all subjects, and I found the Torts exams with answers especially helpful.
--LinkRemoved--


Whoa this is nice. Thanks for this.

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Extension_Cord
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Re: 1L Exam Prep and Motivation Thread

Postby Extension_Cord » Sat Nov 26, 2011 11:39 pm

skw wrote:
Extension_Cord wrote: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.


This is a great resource for all subjects, and I found the Torts exams with answers especially helpful.
--LinkRemoved--


You guys are the best!

morris248
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Re: 1L Exam Prep and Motivation Thread

Postby morris248 » Sun Nov 27, 2011 12:23 am

There are links to several torts exam databases with model answers at

http://www.law-school-books.com/torts.html

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brickman
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Re: 1L Exam Prep and Motivation Thread

Postby brickman » Sun Nov 27, 2011 12:33 am

for some reason, thinking about why the constitution was created is proving very very helpful for thinking about civil procedure.

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alicrimson
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Re: 1L Exam Prep and Motivation Thread

Postby alicrimson » Sun Nov 27, 2011 12:58 am

Deleted: delirious. Ks has made me delirious.

jd20132013
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Re: 1L Exam Prep and Motivation Thread

Postby jd20132013 » Sun Nov 27, 2011 1:35 am

Finally finished GTM

the mock exam questions/answers made me a little uneasy...but at least I was able to spot almost all the issues in them. problem is going to be organizing.

there's a lot of E&E/Cali Lessons/Prax exams in the next 3 weeks of my life

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shepdawg
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Re: 1L Exam Prep and Motivation Thread

Postby shepdawg » Sun Nov 27, 2011 3:32 am

Thought I'd help out ya'll 1L's. I am publishing my outlines and case briefs. It takes a lot of work to format them for my website, so I'll post more and more as I get time. Right now I have the beginnings of Property and Contracts.
Last edited by shepdawg on Sun Dec 18, 2011 5:07 am, edited 1 time in total.

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Extension_Cord
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Re: 1L Exam Prep and Motivation Thread

Postby Extension_Cord » Sun Nov 27, 2011 5:05 am

Whats the effect of direct causation when you have two cause combine and either could have cause the damage itself? Generally direct causation is the same as the but-for test, but when you use the substantial factor the but-for test wouldn't work?

Also, if im writing a negligence IRAC. Where would be the best place to talk about defenses? between causation and damages or after damages?
Last edited by Extension_Cord on Sun Nov 27, 2011 6:53 am, edited 1 time in total.

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Extension_Cord
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Re: 1L Exam Prep and Motivation Thread

Postby Extension_Cord » Sun Nov 27, 2011 5:11 am

Also on LEEWS tape 10 when Miller is talking about PH's intent toward Mrs. Nicely, I'm confused because I thought mistake doesn't negate intent (Ranson v. Kitner). Why doesn't he just say that?

I think this has something to do with raising mistaken intent as a defense (tort has already been established) and trying to show intent by mistake (tort has not yet been established). Help!

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$peppercorn
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Re: 1L Exam Prep and Motivation Thread

Postby $peppercorn » Sun Nov 27, 2011 9:46 am

Extension_Cord wrote:Whats the effect of direct causation when you have two cause combine and either could have cause the damage itself? Generally direct causation is the same as the but-for test, but when you use the substantial factor the but-for test wouldn't work?

Also, if im writing a negligence IRAC. Where would be the best place to talk about defenses? between causation and damages or after damages?


For two causes, say two people each shoot a shot gun in the general direction of a person at the same time and a pellet hits him in the eye (Summers v. Tice, we hammered the case to death in class), you use the substantial factor cause. In that case the burden will shift to the two shooters to show that they werent negligent. Of course you will have to make a general showing that they were substantial factors (but you just cant tell which one). Technically you can say both of them are but for causes for the time being but you need to use substantial factor. If neither of them can prove they weren't negligent then they are both liable.

Im having a few issues organizing defenses also. Sometimes I feel like it is better to write about their defense after you talk about a reason they might be liable, like what their rebuttal would be. Other times, like when the defense will involve a bigger issue that also involves another party, I think it might be better to put it at the end of an argument for a certain party's negligence so it may kind of segway into this new party's case. I'm not sure whats better yet, but I dont think its a huge deal

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$peppercorn
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Re: 1L Exam Prep and Motivation Thread

Postby $peppercorn » Sun Nov 27, 2011 10:02 am

Extension_Cord wrote:Also on LEEWS tape 10 when Miller is talking about PH's intent toward Mrs. Nicely, I'm confused because I thought mistake doesn't negate intent (Ranson v. Kitner). Why doesn't he just say that?

I think this has something to do with raising mistaken intent as a defense (tort has already been established) and trying to show intent by mistake (tort has not yet been established). Help!


Not exactly sure what part that is but IIRC DH was flashing Mrs. Nicely when he thought Pucker would open the door. Of course there is transferred intent is possible with torts but he was also reckless and reckless is sufficient for IIED.

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superhands
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Re: 1L Exam Prep and Motivation Thread

Postby superhands » Sun Nov 27, 2011 10:54 am

$peppercorn wrote:
Extension_Cord wrote:Also on LEEWS tape 10 when Miller is talking about PH's intent toward Mrs. Nicely, I'm confused because I thought mistake doesn't negate intent (Ranson v. Kitner). Why doesn't he just say that?

I think this has something to do with raising mistaken intent as a defense (tort has already been established) and trying to show intent by mistake (tort has not yet been established). Help!


Mistake does not always preclude liability for an intentional tort. It all depends on the end result of the tortious conduct. For example, because the defendant in Ranson intended to kill the dog/wolf, he was liable for killing the dog/wolf, his mistake about the animal's identity notwithstanding. On the other hand, if A were shooting at a target and, unbeknownst to A, B was sleeping behind the target, A would not be liable for shooting B because A did not intend to shoot B. He intended to shoot the target. However, B may have a claim against A under a theory of negligence.

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$peppercorn
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Re: 1L Exam Prep and Motivation Thread

Postby $peppercorn » Sun Nov 27, 2011 11:16 am

superhands wrote:
$peppercorn wrote:
Extension_Cord wrote:Also on LEEWS tape 10 when Miller is talking about PH's intent toward Mrs. Nicely, I'm confused because I thought mistake doesn't negate intent (Ranson v. Kitner). Why doesn't he just say that?

I think this has something to do with raising mistaken intent as a defense (tort has already been established) and trying to show intent by mistake (tort has not yet been established). Help!


Mistake does not always preclude liability for an intentional tort. It all depends on the end result of the tortious conduct. For example, because the defendant in Ranson intended to kill the dog/wolf, he was liable for killing the dog/wolf, his mistake about the animal's identity notwithstanding. On the other hand, if A were shooting at a target and, unbeknownst to A, B was sleeping behind the target, A would not be liable for shooting B because A did not intend to shoot B. He intended to shoot the target. However, B may have a claim against A under a theory of negligence.


That's essentially transferred intent. Intent can transfer from person to person(intend to hit A but hits B) or from tort to tort (intend assualt but battery occurs). But yeah if its never intended for someone, and not substantially certain to hit them, then your best bet is negligence.

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Sun Nov 27, 2011 12:38 pm

I say it depends how your prof taught you intent. We discussed several different theories of intent, and I think we're expected to evaluate them all on the exam. There is some case precedence that supports not the intent for the final result, but the intent to do the act that led to that final result. Taking the example someone said above about shooting the target while someone is sleeping behind it- in my class, in some jurisdictions he would still be liable of the intentional tort. He intended to pull the trigger & shoot the gun, it doesn't matter that he didn't intend to cause harm, just that he intended the act that caused the harm. If your prof never told you about this though, I'd forget it.

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$peppercorn
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Re: 1L Exam Prep and Motivation Thread

Postby $peppercorn » Sun Nov 27, 2011 1:34 pm

ilovesf wrote:I say it depends how your prof taught you intent. We discussed several different theories of intent, and I think we're expected to evaluate them all on the exam. There is some case precedence that supports not the intent for the final result, but the intent to do the act that led to that final result. Taking the example someone said above about shooting the target while someone is sleeping behind it- in my class, in some jurisdictions he would still be liable of the intentional tort. He intended to pull the trigger & shoot the gun, it doesn't matter that he didn't intend to cause harm, just that he intended the act that caused the harm. If your prof never told you about this though, I'd forget it.


yeah, probably right. My professor was big on intending the contact and intending its harmful or offensive. But simply pulling a trigger at a target seems like it is just a voluntary act, not intentional to contact a person or do harm. But still may depend on the professor. Mine says voluntary does not equal intent.

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FeelTheHeat
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Re: 1L Exam Prep and Motivation Thread

Postby FeelTheHeat » Sun Nov 27, 2011 1:42 pm

skw wrote:
Extension_Cord wrote: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.


This is a great resource for all subjects, and I found the Torts exams with answers especially helpful.
--LinkRemoved--


*High fives*

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FeelTheHeat
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Re: 1L Exam Prep and Motivation Thread

Postby FeelTheHeat » Sun Nov 27, 2011 1:46 pm

Also, per the advice of one of the TLS guides, I made a sort of skeleton outline...it's closed book, but our professor gives an extra 10 minutes so I plan on furiously recreating this as fast as possible during that time...not the details but the topics and stuff...leews recommends it and I think having a basic reference like it will help

http://www.scribd.com/doc/73927637/Tort ... on-Outline

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dabomb75
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Re: 1L Exam Prep and Motivation Thread

Postby dabomb75 » Sun Nov 27, 2011 1:51 pm

FeelTheHeat wrote:Also, per the advice of one of the TLS guides, I made a sort of skeleton outline...it's closed book, but our professor gives an extra 10 minutes so I plan on furiously recreating this as fast as possible during that time...not the details but the topics and stuff...leews recommends it and I think having a basic reference like it will help

http://www.scribd.com/doc/73927637/Tort ... on-Outline


yea I think something like this is pretty much mandatory for torts, where it's so easy to occasionally miss a few a COA here and there. I made one for my open book exam which is 2 pages, but much more detailed since I can bring it in with me and don't have to recreate it by memory

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ilovesf
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Re: 1L Exam Prep and Motivation Thread

Postby ilovesf » Sun Nov 27, 2011 1:56 pm

FeelTheHeat wrote:Also, per the advice of one of the TLS guides, I made a sort of skeleton outline...it's closed book, but our professor gives an extra 10 minutes so I plan on furiously recreating this as fast as possible during that time...not the details but the topics and stuff...leews recommends it and I think having a basic reference like it will help

Nice outline, I'm going to make something like that soon, I'm allowed to bring it to the test with me though :) . I'm sure this is obvious, but it says your name on the side of the webpage.. just in case you care about that and didn't notice.




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