OFFICIAL 1L Exam Prep & Motivation Thread (CSWS)

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gaud
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Re: OFFICIAL 1L Exam Prep & Motivation Thread (CSWS)

Postby gaud » Mon Dec 10, 2012 6:51 pm

Civ pro down, K's and torts to do. CAN'T STOP WON'T STOP!

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Doorkeeper
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Re: OFFICIAL 1L Exam Prep & Motivation Thread (CSWS)

Postby Doorkeeper » Mon Dec 10, 2012 6:55 pm

Does anyone, by chance, have a list of the relevant UCC provisions in contracts that distinguishes the sections based on whether it only applies to merchants, or any buyer/seller?

After looking at past exams, it has become apparent he really cares about you recognizing this.

mr.hands
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Re: OFFICIAL 1L Exam Prep & Motivation Thread (CSWS)

Postby mr.hands » Mon Dec 10, 2012 6:59 pm

Doorkeeper wrote:Does anyone, by chance, have a list of the relevant UCC provisions in contracts that distinguishes the sections based on whether it only applies to merchants, or any buyer/seller?

After looking at past exams, it has become apparent he really cares about you recognizing this.


i would also be interested in this

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gobuffs10
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Re: OFFICIAL 1L Exam Prep & Motivation Thread (CSWS)

Postby gobuffs10 » Mon Dec 10, 2012 7:33 pm

swimmer11 wrote:serious question - How hard are you guys studying? What do you do at night? Are you just grinding hard as fuck still? I feell


I'm obviously the outlier here, but I haven't been killing myself. For crim, which is going to be a set of made-up statutes with 3-4 hypos, I just did flashcards differentiating between the various mental states (e.g. aggravated reckless requires utter disregard, otherwise it's simple reckless), and the constitutional problems (Winship, Mullaney, Patterson, etc.). Gone over them a few times, outlined some practice problems, and that's been it. On occasion, I'll look at GTM or Delaney's to remind myself of proper structure. At night I play Xbox, listen to Philosophy Bites (or The Bugle if I need a laugh), and do anything to keep from thinking about everyone else. I don't think I've studied more than 5 hours in a day yet.

The caveat is that my school teaches the state's criminal statutes rather than MPC and common law, so I have far less to learn. The other thing is he imposes strict word limits to keep us focused on the facts of the hypo instead of a rambling discourse on criminal law. So, because the statutes are going to be brand new, and because every question is very specific, I don't really have a ton to study.

I'll probably study a ton for Ks, because he has no old exams and I have yet to meet a 2L or 3L who had this guy, not as much for torts, and civ pro is just going to require a well-organized outline.

My philosophy is it's better to go in as calm as humanly possible, confident in what you know. Your brain is like your body in that it can be overworked. Past a certain point, you aren't learning anymore, you're merely working for work's sake. My fear with overworking is that, if I cram my head full of rules and their subtle nuances, once I see something I know, I'll spend a bunch of time writing everything I know about that rule. I might get so caught up dumping information onto paper that, in the heat of the exam, I'll see three paragraphs, convince myself I've covered it, and move on. I did this on my midterm in torts, for instance; the problem was that I didn't do a single bit of analysis. Guess how well that worked?

To be clear, I'm not advocating laziness. I just think that there's a lot to be said for going in with a clear head and well-rested. If you know the material, you'll see the issues when they arise, and you'll see what unfolds from them. It will be automatic, to some degree. We've been working all semester for this, and beating things into our heads now isn't going to fix anything. And if you can take a step back and focus on the framework of the course, I think you're in a better position to spot and frame arguments than the person who is exhausted and full of subtle bits of info. Their tendency will be to show off their knowledge of minutiae, while you're applying rules to facts, and reasoning to a conclusion. I believe that as 1Ls, we have a tendency to make this stuff way more complicated than it needs to be. For example, after a semester of torts, my professor outlined the whole class in a 3x4 table: strict liability, negligence, and intentional torts across the top, and underneath, their essential applications and defenses. Way less difficult than we all made it out to be.

And at the very least, you'll have people like me who aren't overworking, and if my approach is wrong, I'm one less person you have to worry about. :D

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gobuffs10
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Re: OFFICIAL 1L Exam Prep & Motivation Thread (CSWS)

Postby gobuffs10 » Mon Dec 10, 2012 7:35 pm

minnbills wrote:Also, just taking a look at my outline, the readings, and some PEs I'm realizing that we really haven't learned all that much, and this stuff is not that complicated at the end of the day.


+1

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Jsa725
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Re: OFFICIAL 1L Exam Prep & Motivation Thread (CSWS)

Postby Jsa725 » Mon Dec 10, 2012 7:49 pm

.
Last edited by Jsa725 on Fri Sep 05, 2014 3:09 pm, edited 1 time in total.

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gobuffs10
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Re: OFFICIAL 1L Exam Prep & Motivation Thread (CSWS)

Postby gobuffs10 » Mon Dec 10, 2012 7:58 pm

Jsa725 wrote:Done w/ K's exam... 'twas a twatwaddling tryst

MC questions were jacked... At least 20% could have had 2 answers. Approx 4-5 of them had answers that I thought were "a" and I was like I swear the professor covered this in class and the answer is "b" and I chose "b"

Essays were a clusterfuck. I argued both sides and had "good" analysis... All that shit

I also included several "alternative approaches" where I stated if the court followed XYZ, ABC or DEF approach the answer would be different but the courts view is retarded and my original analysis is what's likely... Blah blah

I argued a promissory estoppel "count 2" on a claim if breach of k analysis failed and I am SMH that I did that b/c it's probably retarded considering it dealt with acceptance by silence.... Hmmm silent promise... Me thinks not.... Haha did it for extra points as the clock expired (probs got zero)!

CSWS. :mrgreen:


Sounds to me like you wrote a pretty solid exam. Saw the issues, did both sides, but especially the part where you got into the various approaches courts use when they figure out similar cases. I'd imagine a lot of people left that stuff out.

As far as your last argument, maybe you'll get some creativity points? I know on my torts midterm I got some bonus points for making up some weird and probably incorrect approach to an issue, but it was novel enough that he kicked me some points.

Either way, it's done! CSWS. I've gotta review these constitutionality of statutes cases. Adios for now, TLS. First exam is tomorrow; wish me luck.

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splittermcsplit88
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Re: OFFICIAL 1L Exam Prep & Motivation Thread (CSWS)

Postby splittermcsplit88 » Mon Dec 10, 2012 8:20 pm

Found prof's midterm question in supplement. Money!

fosterp
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Re: OFFICIAL 1L Exam Prep & Motivation Thread (CSWS)

Postby fosterp » Mon Dec 10, 2012 9:51 pm

What do you do when the call of the question asks you to be a lawyer advising A, the fact pattern dedicates a significant portion to information that would be related to a claim between two people (C and D) and D is not involved with A at all, but the call also says discuss any claims between A, B, C, and D.

There was a lot to talk about involving the claim between C and D, but the claim really had no relation to the claim between A and C. If I was A's lawyer, I wouldn't bother telling him what might happen in some other lawsuit, but the question also asks to discuss claims between all parties.

To make the question clear, the basic facts are:

A goes to car dealership (D) to buy car, contract may or may not have been formed (probably not), dealership says he will hold car
Later, C looks at same car, may or may not have made contract to buy (probably not), dealer says wait (supposedly bc he was saving it for A)
A then later says no deal,
D tried to contact C to accept C's offer
C says no, bought a diff car

If I'm advising A about his potential liability, wouldn't discussing the claim between C and D be irrelevant?

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Blumpbeef
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Re: OFFICIAL 1L Exam Prep & Motivation Thread (CSWS)

Postby Blumpbeef » Mon Dec 10, 2012 9:59 pm

(assuming I'm reading this correctly. Not sure about the timeline )

If C had made a contract, then he is obligated to buy the car. If D sells it to C then he can't enforce the contract against A. Or, if he can, he can't recover damages because he has already made a profit from C.

So if you're A and you don't want the car, you want to force C to buy it to get D off your back.

ETA: You also want to talk about anticipatory repudiation (again, the timeline is ambiguous) by D and, if it was erroneous, that would be breach of contract against A when he erroneously covered and sold the car to C, so D would not be able to enforce against A and A could sue for damages if the contract was for the car for below market price.

(I think. I have contracts on the back burner ATM. Would definitely appreciate corrections)

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Re: OFFICIAL 1L Exam Prep & Motivation Thread (CSWS)

Postby fosterp » Mon Dec 10, 2012 11:50 pm

Blumpbeef wrote:(assuming I'm reading this correctly. Not sure about the timeline )

If C had made a contract, then he is obligated to buy the car. If D sells it to C then he can't enforce the contract against A. Or, if he can, he can't recover damages because he has already made a profit from C.

So if you're A and you don't want the car, you want to force C to buy it to get D off your back.

ETA: You also want to talk about anticipatory repudiation (again, the timeline is ambiguous) by D and, if it was erroneous, that would be breach of contract against A when he erroneously covered and sold the car to C, so D would not be able to enforce against A and A could sue for damages if the contract was for the car for below market price.

(I think. I have contracts on the back burner ATM. Would definitely appreciate corrections)


Does this mean that A had some legal claim against C? This was only a midterm and we hadn't gone over anticipatory repudiation. I was just confused since the question asked us to advise as if we were A's lawyer - it would seem that A doesn't really care about D vs C, so discussing it would be talking about issues beyond the question (except that the question ALSO asked us to discuss any claims between all parties).

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Blumpbeef
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Re: OFFICIAL 1L Exam Prep & Motivation Thread (CSWS)

Postby Blumpbeef » Tue Dec 11, 2012 12:00 am

Making a contract to cover is breach, so As lawyer will want to prove that that contract between d and c exists. I don't know how things would work in the real world, but I imagine a would just sue d.

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Doorkeeper
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Re: OFFICIAL 1L Exam Prep & Motivation Thread (CSWS)

Postby Doorkeeper » Tue Dec 11, 2012 12:51 am

I created a check list of things to look for in my Contracts issue spotter question to make sure that I don't miss anything on the exam. Did anyone else do this too and is willing to share their checklist? I want to make sure I don't miss anything on the checklist so I don't miss anything on the exam.

Regression fun!

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soj
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Re: OFFICIAL 1L Exam Prep & Motivation Thread (CSWS)

Postby soj » Tue Dec 11, 2012 5:01 am

Word processor froze just as my type-racing tort exam started. Forced laptop to reboot like a boss while reading the exam, only lost like 30 seconds. Still sucked ass on the exam, but I felt like such a boss for keeping cool under pressure. Imagine it happened after I actually had shit typed or, god forbid, near the end, and the file is lost. :shock: :shock:

Also, wtf at my Ks professor insisting his exam isn't a type race. STFU, every practice exam, which runs 3 hours, has three long fact patterns (each with subparts) and a dozen short paragraph questions. Fortunately I'm a fast typer so usually type races are good for me, but only if I actually know shit to take advantage of my speed. Oops.

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Re: OFFICIAL 1L Exam Prep & Motivation Thread (CSWS)

Postby fosterp » Tue Dec 11, 2012 5:27 am

When you guys are taking your test do you generally already know what you want to say and its just a matter of getting it on paper? I spend probably half of my time thinking about what I want to write/how I want to word it rather than just dumping it on paper. My K midterm was 2 hours - 1.5 hours for a hypo and .5 for policy question, and it ended up being around 2000 words, which seems on the low end to at least get a middle high grade?

Should I be trying to guess which issues might appear on the exam and write out generic responses to each issue?

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seahawk32
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Re: OFFICIAL 1L Exam Prep & Motivation Thread (CSWS)

Postby seahawk32 » Tue Dec 11, 2012 11:41 am

just gear to your professor
Last edited by seahawk32 on Fri Dec 21, 2012 12:45 pm, edited 1 time in total.

swimmer11
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Re: OFFICIAL 1L Exam Prep & Motivation Thread (CSWS)

Postby swimmer11 » Tue Dec 11, 2012 12:04 pm

First exam is tomorrow (OH MY FUCKING GOD I DID NOT THINK THIS WOULD EVER COME) what is the credited strategy for today? I am thinking about studying until 8 or so and then doing nothing except maybe flipping through my outline when I play a video-game.

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Pleasye
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Re: OFFICIAL 1L Exam Prep & Motivation Thread (CSWS)

Postby Pleasye » Tue Dec 11, 2012 12:09 pm

soj wrote:Word processor froze just as my type-racing tort exam started. Forced laptop to reboot like a boss while reading the exam, only lost like 30 seconds. Still sucked ass on the exam, but I felt like such a boss for keeping cool under pressure. Imagine it happened after I actually had shit typed or, god forbid, near the end, and the file is lost. :shock: :shock:

Oof. I'm glad you kept it together and nothing went wrong. I guess that's one plus about using exam software - it saves for you even if your computer has a meltdown. Its weird not to have to hit command S all the time though.

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Re: OFFICIAL 1L Exam Prep & Motivation Thread (CSWS)

Postby Jsa725 » Tue Dec 11, 2012 12:11 pm

.
Last edited by Jsa725 on Fri Sep 05, 2014 3:08 pm, edited 1 time in total.

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20130312
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Re: OFFICIAL 1L Exam Prep & Motivation Thread (CSWS)

Postby 20130312 » Tue Dec 11, 2012 12:26 pm

Pleasye wrote:
soj wrote:Word processor froze just as my type-racing tort exam started. Forced laptop to reboot like a boss while reading the exam, only lost like 30 seconds. Still sucked ass on the exam, but I felt like such a boss for keeping cool under pressure. Imagine it happened after I actually had shit typed or, god forbid, near the end, and the file is lost. :shock: :shock:

Oof. I'm glad you kept it together and nothing went wrong. I guess that's one plus about using exam software - it saves for you even if your computer has a meltdown. Its weird not to have to hit command S all the time though.

We did our exams in Word. Better believe I was hitting control S (lolWindows) like a maniac.

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gaud
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Re: OFFICIAL 1L Exam Prep & Motivation Thread (CSWS)

Postby gaud » Tue Dec 11, 2012 12:28 pm

Jsa725 wrote:
swimmer11 wrote:First exam is tomorrow (OH MY FUCKING GOD I DID NOT THINK THIS WOULD EVER COME) what is the credited strategy for today? I am thinking about studying until 8 or so and then doing nothing except maybe flipping through my outline when I play a video-game.


put in some work then chill, relax, have your last meal, etc... :D


+1

Good luck!!! You're gonna crush it

SportsFan
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Re: OFFICIAL 1L Exam Prep & Motivation Thread (CSWS)

Postby SportsFan » Tue Dec 11, 2012 12:31 pm

InGoodFaith wrote:
Pleasye wrote:
soj wrote:Word processor froze just as my type-racing tort exam started. Forced laptop to reboot like a boss while reading the exam, only lost like 30 seconds. Still sucked ass on the exam, but I felt like such a boss for keeping cool under pressure. Imagine it happened after I actually had shit typed or, god forbid, near the end, and the file is lost. :shock: :shock:

Oof. I'm glad you kept it together and nothing went wrong. I guess that's one plus about using exam software - it saves for you even if your computer has a meltdown. Its weird not to have to hit command S all the time though.

We did our exams in Word. Better believe I was hitting control S (lolWindows) like a maniac.

I don't do it now that I have a macbook and mostly write in Pages (which auto-saves to iCloud), but whenever I'd write an sort of essay in Word, I would hit control+S after pretty much every sentence I wrote, as just sort of a natural reaction. I have no idea how I ever started doing that, but it was nice because I never had to worry about not having my work saved lol.

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Blumpbeef
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Re: OFFICIAL 1L Exam Prep & Motivation Thread (CSWS)

Postby Blumpbeef » Tue Dec 11, 2012 1:09 pm

If you have a Mac with mountain lion use an app like TextEdit or pages to write your exam, it saves everything you write instantly. Not just to iCloud but locally with versions.

llachans
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Re: OFFICIAL 1L Exam Prep & Motivation Thread (CSWS)

Postby llachans » Tue Dec 11, 2012 2:29 pm

What's the best way to write a tort exam. I've seen two approaches:

1) Claims against A
- By B:
- battery
- assault
Claims against B
- By A
- negligence
- products liability
- By C
- battery

or,

2) Negligence
- A towards C
- explain
- B towards C
- explain
- D towards F
- explain

Both of these seem a little muddled. Is there a better approach to organizing a torts exam?

swimmer11
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Re: OFFICIAL 1L Exam Prep & Motivation Thread (CSWS)

Postby swimmer11 » Tue Dec 11, 2012 2:38 pm

I usually do:

A v B

Battery

Negligence

A v B

False Imprisonment




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