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Re: FRCP 12(a)(4)(A) question
Posted: Tue Dec 06, 2011 3:57 am
by johansantana21
Ikki wrote:Did you guys see Clermont's response on blackboard?
"The Rule says that these periods, i.e., the foregoing, periods can be extended, not the "following periods." Or at least there is a risk the Rule would be so read."
Clermont's saying that 14(a)(4) cannot extend the statute of limitations for the answer, because it has already been invoked once. Any period following the first time 12(a)(4) was invoked does not apply. Why you may ask? Because that's how shit rolls apparently.
This makes no logical sense to me but....
Fuck it, I'll get a B-.
Re: FRCP 12(a)(4)(A) question
Posted: Tue Dec 06, 2011 4:06 am
by Ikki
johansantana21 wrote:Ikki wrote:Did you guys see Clermont's response on blackboard?
"The Rule says that these periods, i.e., the foregoing, periods can be extended, not the "following periods." Or at least there is a risk the Rule would be so read."
Clermont's saying that 14(a)(4) cannot extend the statute of limitations for the answer, because it has already been invoked once. Any period following the first time 12(a)(4) was invoked does not apply. Why you may ask? Because that's how shit rolls apparently.
This makes no logical sense to me but....
Fuck it, I'll get a B-.
Bro, just make sure you go over your notes on that Vasios guy and the econ guy. That should help you out on the MC.
Re: FRCP 12(a)(4)(A) question
Posted: Tue Dec 06, 2011 4:11 am
by johansantana21
Ikki wrote:johansantana21 wrote:Ikki wrote:Did you guys see Clermont's response on blackboard?
"The Rule says that these periods, i.e., the foregoing, periods can be extended, not the "following periods." Or at least there is a risk the Rule would be so read."
Clermont's saying that 14(a)(4) cannot extend the statute of limitations for the answer, because it has already been invoked once. Any period following the first time 12(a)(4) was invoked does not apply. Why you may ask? Because that's how shit rolls apparently.
This makes no logical sense to me but....
Fuck it, I'll get a B-.
Bro, just make sure you go over your notes on that Vasios guy and the econ guy. That should help you out on the MC.
Were those the 2 guest speakers? I don't even have the notes on them...didn't take any.
Re: FRCP 12(a)(4)(A) question
Posted: Tue Dec 06, 2011 4:13 am
by Ikki
johansantana21 wrote:Ikki wrote:johansantana21 wrote:Ikki wrote:Did you guys see Clermont's response on blackboard?
"The Rule says that these periods, i.e., the foregoing, periods can be extended, not the "following periods." Or at least there is a risk the Rule would be so read."
Clermont's saying that 14(a)(4) cannot extend the statute of limitations for the answer, because it has already been invoked once. Any period following the first time 12(a)(4) was invoked does not apply. Why you may ask? Because that's how shit rolls apparently.
This makes no logical sense to me but....
Fuck it, I'll get a B-.
Bro, just make sure you go over your notes on that Vasios guy and the econ guy. That should help you out on the MC.
Were those the 2 guest speakers? I don't even have the notes on them...didn't take any.
I didn't take notes on the first guy, but class 11 has a short power point on him. The econ guy was just pretty much having an orgasm over Posner.
Re: FRCP 12(a)(4)(A) question
Posted: Tue Dec 06, 2011 4:15 am
by johansantana21
Oh I remember the Posner guy.
What did the first guy talk about?
Didn't he say something about testifying at trials as an expert? That's literally all I remember.
Re: FRCP 12(a)(4)(A) question
Posted: Tue Dec 06, 2011 4:18 am
by Ikki
johansantana21 wrote:Oh I remember the Posner guy.
What did the first guy talk about?
Didn't he say something about testifying at trials as an expert? That's literally all I remember.
Look at the power point, it's 5 slides long but he focused on discovery. I gotta get a hold of those notes though...
Re: FRCP 12(a)(4)(A) question
Posted: Tue Dec 06, 2011 4:19 am
by johansantana21
Ikki wrote:johansantana21 wrote:Oh I remember the Posner guy.
What did the first guy talk about?
Didn't he say something about testifying at trials as an expert? That's literally all I remember.
Look at the power point, it's 5 slides long but he focused on discovery. I gotta get a hold of those notes though...
Screw civpro man, Clermont makes it much more difficult than it needs to be.
Isn't the average on the multiple choice around 30%?
Re: FRCP 12(a)(4)(A) question
Posted: Tue Dec 06, 2011 4:22 am
by Ikki
johansantana21 wrote:Ikki wrote:johansantana21 wrote:Oh I remember the Posner guy.
What did the first guy talk about?
Didn't he say something about testifying at trials as an expert? That's literally all I remember.
Look at the power point, it's 5 slides long but he focused on discovery. I gotta get a hold of those notes though...
Screw civpro man, Clermont makes it much more difficult than it needs to be.
Isn't the average on the multiple choice around 30%?
Yeah, pretty much. I just gave up after his e-mail, how the fuck are we suppose to know that "these periods" means what he says they mean? And that's just one ambiguity that someone pointed out and Clermont found important enough to put on blackboard.
Re: FRCP 12(a)(4)(A) question
Posted: Tue Dec 06, 2011 4:25 am
by johansantana21
Ikki wrote:johansantana21 wrote:Ikki wrote:johansantana21 wrote:Oh I remember the Posner guy.
What did the first guy talk about?
Didn't he say something about testifying at trials as an expert? That's literally all I remember.
Look at the power point, it's 5 slides long but he focused on discovery. I gotta get a hold of those notes though...
Screw civpro man, Clermont makes it much more difficult than it needs to be.
Isn't the average on the multiple choice around 30%?
Yeah, pretty much. I just gave up after his e-mail, how the fuck are we suppose to know that "these periods" means what he says they mean? And that's just one ambiguity that someone pointed out and Clermont found important enough to put on blackboard.
He probably expected us to know it.
Haven't you read his syllabus?
Law is "essentially self taught".
Re: FRCP 12(a)(4)(A) question
Posted: Tue Dec 06, 2011 4:27 am
by Ikki
johansantana21 wrote:
He probably expected us to know it.
Haven't you read his syllabus?
Law is "essentially self taught".
The man loves mocking us I suppose. It's 3:30am, I'm out.
Re: FRCP 12(a)(4)(A) question
Posted: Tue Dec 06, 2011 4:28 am
by johansantana21
Ikki wrote:johansantana21 wrote:
He probably expected us to know it.
Haven't you read his syllabus?
Law is "essentially self taught".
The man loves mocking us I suppose. It's 3:30am, I'm out.
Good night
Re: FRCP 12(a)(4)(A) question
Posted: Tue Dec 06, 2011 12:33 pm
by Judge Philip Banks
In case you were wondering, my professor thinks that the answer must be filed within 14 days of the denial of the 12(b)(6) motion (so day 88). Under 12(a)(4), serving a motion under the rule alters the timing such that a responsive pleading must be served within 14 days after notice of the court's denial of the 12(b)(6) motion under 12(a)(4)(A). I'm sure you know this, but if your professor is coming out with a different result, then just go with his interpretation.