2L exam prep thread

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beach_terror
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Re: 2L exam prep thread

Postby beach_terror » Fri Dec 09, 2011 4:44 pm

Doritos wrote:
kalvano wrote:I'm so glad to be done.


lucky. I still haven't started. I have a paper to finish today and FOUR EXAMS to take in the next week and a half. Why the hell did I take 5 classes this semester. Doritos is doing 2L wrong.

Same exact thing as you. Crazy. Fuck you, complex lit paper!

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snowpeach06
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Re: 2L exam prep thread

Postby snowpeach06 » Fri Dec 09, 2011 5:53 pm

uwb09 wrote:
snowpeach06 wrote:Unfortunately, I'm still lost as fuck in First Amendment. Are there even tests for half of the things covered? I can't tell, even after looking at Holly's outline.

Step 1 - is it a government actor?

Step 2 - what value of speech is it? (Low - inciting words, fighting words, obscene, etc... / Intermediate - commercial speech, suppression of conduct with incidental impact on "expression" / High - political, artistic, offensive, indecent)

Step 3 -
If not high-value, check to see if it is a content/viewpoint based classification under RAV, if so, slap on strict-scrutiny.

If commercial speech, apply CENTRAL HUDSON intermediate scrutiny (substantial govt interest, substantially related means, directly advancing interest).

If "expressive conduct," make sure regulation isn't targeting the "idea" behind the content, if so, slap on appropriate scrutiny re: the level of speech being suppressed; if not, then apply O'BRIEN intermediate scrutiny.

If a "time, place, manner" restriction on high-value speech, use HEFFRON factors (significant govt interest, narrowly tailored but not least restrictive, and leaves open ample alternative channels).

Finally, if just basic low-level speech, just make sure the regulation isn't "over-broad" or "vague," then apply rational basis scrutiny.


So wait, your saying that offensive and indecent speech are high level? I thought indecent speech was low level. And if it is "high value" speech, would you do strict scrutiny or say any sort of law banning it is not allowed?

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kalvano
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Re: 2L exam prep thread

Postby kalvano » Fri Dec 09, 2011 6:00 pm

snowpeach06 wrote:So wait, your saying that offensive and indecent speech are high level? I thought indecent speech was low level. And if it is "high value" speech, would you do strict scrutiny or say any sort of law banning it is not allowed?



Speech cannot be banned just because it's offensive....see Cohen, "one man's vulgarity is another man's lyric."

But offensive speech will not get the full protection of the First Amendment. Any law that is content-based is subject to strict scrutiny, but the higher the protection afforded to speech, the less likely the government interest will be substantial enough. Basically, if it's political speech, you're almost never going to be able to suppress it.

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snowpeach06
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Re: 2L exam prep thread

Postby snowpeach06 » Fri Dec 09, 2011 6:13 pm

kalvano wrote:
snowpeach06 wrote:So wait, your saying that offensive and indecent speech are high level? I thought indecent speech was low level. And if it is "high value" speech, would you do strict scrutiny or say any sort of law banning it is not allowed?



Speech cannot be banned just because it's offensive....see Cohen, "one man's vulgarity is another man's lyric."

But offensive speech will not get the full protection of the First Amendment. Any law that is content-based is subject to strict scrutiny, but the higher the protection afforded to speech, the less likely the government interest will be substantial enough. Basically, if it's political speech, you're almost never going to be able to suppress it.

That I get. For some reason I thought it was separate analysis - you might first see what type of speech it is, and there would be some sort of test based on the type of speech or to figure out if it is that type of speech, and then the whole content- based is something separate. I'm just struggling figure out what to do on an exam. I'm probably just over thinking it.

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dailygrind
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Re: 2L exam prep thread

Postby dailygrind » Fri Dec 09, 2011 6:20 pm

I'm looking at old homework I did, and it seems to be correct, but I have no idea how I did it. MOAR CAFFEINE.

ETA: yup, that did it.

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kalvano
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Re: 2L exam prep thread

Postby kalvano » Fri Dec 09, 2011 6:24 pm

snowpeach06 wrote:
kalvano wrote:
snowpeach06 wrote:So wait, your saying that offensive and indecent speech are high level? I thought indecent speech was low level. And if it is "high value" speech, would you do strict scrutiny or say any sort of law banning it is not allowed?



Speech cannot be banned just because it's offensive....see Cohen, "one man's vulgarity is another man's lyric."

But offensive speech will not get the full protection of the First Amendment. Any law that is content-based is subject to strict scrutiny, but the higher the protection afforded to speech, the less likely the government interest will be substantial enough. Basically, if it's political speech, you're almost never going to be able to suppress it.

That I get. For some reason I thought it was separate analysis - you might first see what type of speech it is, and there would be some sort of test based on the type of speech or to figure out if it is that type of speech, and then the whole content- based is something separate. I'm just struggling figure out what to do on an exam. I'm probably just over thinking it.



No, you're correct. Figure out what type of speech it is first.

Political will always be strict scrutiny. If it's expressive conduct, go to O'Brien. If it's obscenity, go to Miller.

But you also have to distinguish if the statute is content-based or content-neutral.

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snowpeach06
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Re: 2L exam prep thread

Postby snowpeach06 » Fri Dec 09, 2011 6:29 pm

kalvano wrote:
snowpeach06 wrote:
kalvano wrote:
snowpeach06 wrote:So wait, your saying that offensive and indecent speech are high level? I thought indecent speech was low level. And if it is "high value" speech, would you do strict scrutiny or say any sort of law banning it is not allowed?



Speech cannot be banned just because it's offensive....see Cohen, "one man's vulgarity is another man's lyric."

But offensive speech will not get the full protection of the First Amendment. Any law that is content-based is subject to strict scrutiny, but the higher the protection afforded to speech, the less likely the government interest will be substantial enough. Basically, if it's political speech, you're almost never going to be able to suppress it.

That I get. For some reason I thought it was separate analysis - you might first see what type of speech it is, and there would be some sort of test based on the type of speech or to figure out if it is that type of speech, and then the whole content- based is something separate. I'm just struggling figure out what to do on an exam. I'm probably just over thinking it.



No, you're correct. Figure out what type of speech it is first.

Political will always be strict scrutiny. If it's expressive conduct, go to O'Brien. If it's obscenity, go to Miller.

But you also have to distinguish if the statute is content-based or content-neutral.

Hopefully just doing a couple sample exams helps me get a grip on it.

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fathergoose
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Re: 2L exam prep thread

Postby fathergoose » Fri Dec 09, 2011 10:12 pm

How much do you guys not care right now on a scale of 1 - Not a GD bit

I've already gotten boned on two exams thus far and the prospect of spending my weekend deciphering the tax code is too much. The only thing comparable to trying to make sense of that behemoth is a blind guy with no hands trying to get a girls bra of, lots sweating, swearing, and effort, but ultimately making no progress. It's like they made it as intentionally difficult as possible to figure out capital gains. Seriously that is the only reason they would make the word "hotchpot" legitimate terminology.

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kalvano
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Re: 2L exam prep thread

Postby kalvano » Fri Dec 09, 2011 10:33 pm

My head is full of straw and pudding.

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dailygrind
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Re: 2L exam prep thread

Postby dailygrind » Fri Dec 09, 2011 10:36 pm

fathergoose wrote:How much do you guys not care right now on a scale of 1 - Not a GD bit

I've already gotten boned on two exams thus far and the prospect of spending my weekend deciphering the tax code is too much. The only thing comparable to trying to make sense of that behemoth is a blind guy with no hands trying to get a girls bra of, lots sweating, swearing, and effort, but ultimately making no progress. It's like they made it as intentionally difficult as possible to figure out capital gains. Seriously that is the only reason they would make the word "hotchpot" legitimate terminology.


Not a goddamn bit + .2. I don't want my grades to take a nosedive, but I don't care beyond that.

I've got my first final in less than 12 hours and I'm still fucking around on TLS. I haven't even spent a whole day studying for it, and it's my best chance at a strong grade. Fuckit.

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Grizz
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Re: 2L exam prep thread

Postby Grizz » Sat Dec 10, 2011 12:52 am

Exam trmw. Did all available PTs and 2 more from another school (4), so I felt like I had done enough. Went to a party.

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traehekat
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Re: 2L exam prep thread

Postby traehekat » Sat Dec 10, 2011 1:01 am

Well, after a brief 11 hour break, I think it's time to get back to studying.

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dailygrind
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Re: 2L exam prep thread

Postby dailygrind » Sat Dec 10, 2011 1:06 am

Grizz wrote:Exam trmw. Did all available PTs and 2 more from another school (4), so I felt like I had done enough. Went to a party.


Violation of the no-gunning armistice. Someone arrest this man.

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Ludo!
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Re: 2L exam prep thread

Postby Ludo! » Sat Dec 10, 2011 1:08 am

You did four practice exams? Jesus. I skimmed the model answers of four practice exams and I was proud of myself.

sjedood
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Re: 2L exam prep thread

Postby sjedood » Sat Dec 10, 2011 1:10 am

anybody have a practice exam w/answer for corporations? PM me

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Grizz
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Re: 2L exam prep thread

Postby Grizz » Sat Dec 10, 2011 1:26 am

dailygrind wrote:
Grizz wrote:Exam trmw. Did all available PTs and 2 more from another school (4), so I felt like I had done enough. Went to a party.


Violation of the no-gunning armistice. Someone arrest this man.

But, but, I went to a party!

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dailygrind
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Re: 2L exam prep thread

Postby dailygrind » Sat Dec 10, 2011 1:27 am

Yeah, responsibly, after you'd finished your work. YOU DISGUST ME!

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traehekat
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Re: 2L exam prep thread

Postby traehekat » Sat Dec 10, 2011 1:37 am

sjedood wrote:anybody have a practice exam w/answer for corporations? PM me



--LinkRemoved--

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JollyGreenGiant
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Re: 2L exam prep thread

Postby JollyGreenGiant » Sat Dec 10, 2011 2:40 am

Does anybody have any Crim Pro I (Investigation and Right to Counsel) practice exams I can have? (preferably with model answers or teacher's explanations)

Please PM me (exam in like 4 days...... :x )

Thanks!

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Holly Golightly
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Re: 2L exam prep thread

Postby Holly Golightly » Sat Dec 10, 2011 3:42 pm

Too hungover to get out of bed. Still know nothing about Admin. la la la

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dailygrind
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Re: 2L exam prep thread

Postby dailygrind » Sat Dec 10, 2011 4:09 pm

Holly Golightly wrote:Too hungover to get out of bed. Still know nothing about Admin. la la la


That's my next test; I'm taking it on Tuesday. I underperformed heavily on today's test (which I was counting on to balance out admin), so I'll actually be taking Admin pretty seriously.




In an hour or two.

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burtonrideclub
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Re: 2L exam prep thread

Postby burtonrideclub » Sat Dec 10, 2011 4:14 pm

traehekat wrote:
sjedood wrote:anybody have a practice exam w/answer for corporations? PM me



--LinkRemoved--



Pretty helpful, I have one that is all MC though. Does anyone have a link to business associations/corporate tests with mc and answers? Google hasn't produced much.

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as stars burn
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Re: 2L exam prep thread

Postby as stars burn » Sat Dec 10, 2011 4:15 pm

1 exam down. 3 more to go, all of which are back-to-back-to-back starting Wednesday. I slept until noon. I have no desire to do any studying today. Feeling decent about the first exam; albeit two questions took me for a loop. But who knows how the fuck I did...my grades always surprise me, for better or worse.

Also, Fathergoose, are you taking Income Tax? I'd be happy to send over some of my Professor's handouts on capital gains. He is an absolute God when it comes to tax. Seriously, he takes an incredibly complex subject and breaks it way, way, way down for people who hate accounting and numbers....like me. PM me with your email if you think you might want them.

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goosey
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Re: 2L exam prep thread

Postby goosey » Sat Dec 10, 2011 5:49 pm

as stars burn wrote:
Also, Fathergoose, are you taking Income Tax? I'd be happy to send over some of my Professor's handouts on capital gains. He is an absolute God when it comes to tax. Seriously, he takes an incredibly complex subject and breaks it way, way, way down for people who hate accounting and numbers....like me. PM me with your email if you think you might want them.



me too please?

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as stars burn
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Re: 2L exam prep thread

Postby as stars burn » Sat Dec 10, 2011 6:10 pm

goosey wrote:
as stars burn wrote:
Also, Fathergoose, are you taking Income Tax? I'd be happy to send over some of my Professor's handouts on capital gains. He is an absolute God when it comes to tax. Seriously, he takes an incredibly complex subject and breaks it way, way, way down for people who hate accounting and numbers....like me. PM me with your email if you think you might want them.



me too please?


Emailed them to you :) Hope they are helpful!!




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