TheSeaLocust's 1L Anxiety Meditation Retreat & Spa

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Easy-E
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Re: TheSeaLocust's 1L Anxiety Meditation Retreat & Spa

Postby Easy-E » Mon Nov 04, 2013 1:49 pm

Can someone give me an example of what a "majority vs. minority" issue would be? I don't get this shit.

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Re: TheSeaLocust's 1L Anxiety Meditation Retreat & Spa

Postby sublime » Mon Nov 04, 2013 1:53 pm

..

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thesealocust
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Re: TheSeaLocust's 1L Anxiety Meditation Retreat & Spa

Postby thesealocust » Mon Nov 04, 2013 2:08 pm

emarxnj wrote:Can someone give me an example of what a "majority vs. minority" issue would be? I don't get this shit.


Your classes may have covered few, or even no, examples of "forks in the law" with majority vs. minority rules. Where they exist, it's an example of a single legal issue (example: when the victim of a tort and the tortfeasor both bear some responsibility, how should liability be apportioned?) but different jurisdictions have adopted different rules for resolving the issue.

It's been a while, but for that example I remember there was comparative negligence and contributory negligence - basically several approaches to how to handle it when the victim of a tort is partially responsible (some jurisdictions disallow recovery, some jurisdictions reduce recover based on the relative contributions to the negligent act, some disallow recovery if the victim was 51% or more liable, etc.)

For civil procedure, there really aren't any examples of majority/minority rules. For common law doctrines there often are, but it can vary widely how much attention your course will pay to different potential legal rules designed to resolve the same issue.

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Easy-E
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Re: TheSeaLocust's 1L Anxiety Meditation Retreat & Spa

Postby Easy-E » Mon Nov 04, 2013 2:11 pm

thesealocust wrote:
emarxnj wrote:Can someone give me an example of what a "majority vs. minority" issue would be? I don't get this shit.


Your classes may have covered few, or even no, examples of "forks in the law" with majority vs. minority rules. Where they exist, it's an example of a single legal issue (example: when the victim of a tort and the tortfeasor both bear some responsibility, how should liability be apportioned?) but different jurisdictions have adopted different rules for resolving the issue.

It's been a while, but for that example I remember there was comparative negligence and contributory negligence - basically several approaches to how to handle it when the victim of a tort is partially responsible (some jurisdictions disallow recovery, some jurisdictions reduce recover based on the relative contributions to the negligent act, some disallow recovery if the victim was 51% or more liable, etc.)

For civil procedure, there really aren't any examples of majority/minority rules. For common law doctrines there often are, but it can vary widely how much attention your course will pay to different potential legal rules designed to resolve the same issue.



Hmm okay. I ask because I see it mentioned as a "fork in the law" as you said, and it was mentioned in this stupid "continuing orientation" shit I just had to sit through (no it's cool I don't like lunch). I feel like I've only seen it in class (Torts mostly) a few times, I wasn't sure if it was something I was missing or if it's just not always an issue.

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Re: TheSeaLocust's 1L Anxiety Meditation Retreat & Spa

Postby Easy-E » Mon Nov 04, 2013 2:11 pm

sublime wrote:
emarxnj wrote:Can someone give me an example of what a "majority vs. minority" issue would be? I don't get this shit.



Like jurisdictions?

I see it more in torts than anywhere else. Joint and Several liability compared to several liability may be an example, I think.


We actually just covered this, that helps clear it up for sure. Thanks man.

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Re: TheSeaLocust's 1L Anxiety Meditation Retreat & Spa

Postby thesealocust » Mon Nov 04, 2013 2:16 pm

It's something to keep an eye out for but often not something that's very important. Just make sure that if you ever learn multiple rules to handle the same issue you're clear on what the differences are and when/how you should apply them (comes up sometimes in UCC vs. common law for contracts and modal penal code vs. common law in crim). There's no hard and fast rule - your course might break things down by jurisdiction, just throw two rules at you, etc.

On the exam, with no other guidance, all you can do is say "if comparative negligence applies, then (analysis) but if it doesn't, then "analysis").

Or

"The UCC is likely to apply to this issue because (analysis) but it might not because (counterargument). If the UCC applies then according to (rule/law) (result) will happen because (analysis and counterarguments). If the UCC does not apply then according to (rule/law) (result) will instead happen because (analysis and counterarguments)."

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Re: TheSeaLocust's 1L Anxiety Meditation Retreat & Spa

Postby nickb285 » Mon Nov 04, 2013 2:33 pm

I was feeling pretty good about Contracts till late last week. I understood the cases and their implications, kept up on the reading, etc. Then we got some hypos and people started rattling off the relevant UCC provisions, which I've read but sure as shit don't know offhand. Now I'm feeling like I'm way behind on the black letter law. Hopefully doing the rest of my outline will help and I won't just fail because I focused mostly on case law for the first half of the semester. Sigh.

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Re: TheSeaLocust's 1L Anxiety Meditation Retreat & Spa

Postby thesealocust » Mon Nov 04, 2013 2:35 pm

You'll be fine. Law students love to showboat, but nothing matters until the exam.

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Re: TheSeaLocust's 1L Anxiety Meditation Retreat & Spa

Postby nickb285 » Mon Nov 04, 2013 2:45 pm

thesealocust wrote:You'll be fine. Law students love to showboat, but nothing matters until the exam.


I'd be less concerned about their pulling out the relevant UCC provisions if the professor didn't keep encouraging it. I feel like I've been entirely off-focus for the last two months.

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Re: TheSeaLocust's 1L Anxiety Meditation Retreat & Spa

Postby Easy-E » Mon Nov 04, 2013 3:36 pm

So would an example of a minority vs. majority issue be In Re Polemis (minority) and "Wagon Mound" (majority)?

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Re: TheSeaLocust's 1L Anxiety Meditation Retreat & Spa

Postby stillwater » Mon Nov 04, 2013 4:37 pm

emarxnj wrote:So would an example of a minority vs. majority issue be In Re Polemis (minority) and "Wagon Mound" (majority)?


yea

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Re: TheSeaLocust's 1L Anxiety Meditation Retreat & Spa

Postby Easy-E » Mon Nov 04, 2013 5:46 pm

stillwater wrote:
emarxnj wrote:So would an example of a minority vs. majority issue be In Re Polemis (minority) and "Wagon Mound" (majority)?


yea


Cool, thanks.

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Re: TheSeaLocust's 1L Anxiety Meditation Retreat & Spa

Postby thesealocust » Mon Nov 04, 2013 7:09 pm

emarxnj wrote:So would an example of a minority vs. majority issue be In Re Polemis (minority) and "Wagon Mound" (majority)?


Never heard of either of those (goes to show you my memory sucks and/or that 1L courses have more variation than you might expect)

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Re: TheSeaLocust's 1L Anxiety Meditation Retreat & Spa

Postby stillwater » Mon Nov 04, 2013 7:53 pm

dat but-for causation.

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Re: TheSeaLocust's 1L Anxiety Meditation Retreat & Spa

Postby espressocream » Mon Nov 04, 2013 10:22 pm

thesealocust wrote:Hang in there team. It might get more stressful now, but you're also going to have a better and better grasp on things and will be able to put in much more useful effort from now until finals.



I DON'T BELIEVE YOU ANYMORE. :shock:

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Re: TheSeaLocust's 1L Anxiety Meditation Retreat & Spa

Postby Dolphine » Mon Nov 04, 2013 11:09 pm

.
Last edited by Dolphine on Fri Jul 18, 2014 7:49 pm, edited 1 time in total.

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Re: TheSeaLocust's 1L Anxiety Meditation Retreat & Spa

Postby arklaw13 » Mon Nov 04, 2013 11:51 pm

I'll post this here because it's relevant and I'm lazy. Someone give me a list of decent supplements for contracts and torts. I have the E&E Civpro and I doubt I'll read any other outside materials for that class. I'm mostly going back through my notes and the casebook to build my outline, but I want something for contracts and torts just to brush up on things I haven't looked at in a while. Pretty sure I have the E&E for contracts as well. Haven't opened it yet.

Also, does anyone have advice on how to compare my answer to a practice exam to the model answer? We had a one-question, one hour practice exam in contracts and the professor gave us a model answer. It was really watered-down and actually kind of unhelpful because we were told only to use stuff from the first two weeks of class, which was basically mutual assent/consideration. However, I noticed that even though it was pretty basic I still don't really know how to compare my answer to the model answer. Or maybe that's the case because it was really basic. I don't know. I haven't done a full practice exam yet. I imagine I'll do one in torts first after I finish most of my outlining because he gives us quite a few. Any advice on comparing my eventual answer to the model? Obviously I can tell if I didn't spot an issue. I'm more interested in comparing the analysis, finer points of policy arguments, etc. Thanks.

edit: also, any input on which elective class to take this spring? It's down to Con Law (required by graduation, most 1L's will take this next semester I think) or Arbitration. I laughed out loud that Conflict of Laws is an option for 1L's next semester, since I've heard it's a definite gunner course. My goal is not to get in a class with all of the 2L/3L law review kids. Con Law will probably be mostly 1L's, so this might be my best option I guess. Thoughts?

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Re: TheSeaLocust's 1L Anxiety Meditation Retreat & Spa

Postby thesealocust » Tue Nov 05, 2013 12:48 am

Dolphine wrote:WE CAN DO THIS...NOTHING WILL STAND IN OUR WAY. IT IS TIME TO FULFILL THE PROPHECY.


GO FULFILL THE PROPHECY SOMEWHERE ELSE~ :lol:

I'm only half kidding - this thread isn't "reduce your anxiety by learning how to CRUSH YOUR ENEMIES AND DRIVE THEM FROM YOUR LANDS" - it's about reducing your anxiety by gaining a sense of perspective and community.

Y'all are going to be fine. Y'all are not all going to be #1. It's well and good to try, even to give it your all, but be careful about pinning too much of your sense of self (and self worth) on the results of this year. Law school is artificial bullshit and manufactured stress. It also has fabulous cash prizes and it's as worthy an endeavor to spend yourself on as any other... but it's neither the alpha nor the omega nor if we're being honest all that worthwhile much in between.

Dylanlj13 wrote:I'll post this here because it's relevant and I'm lazy. Someone give me a list of decent supplements for contracts and torts.


No! Bad 1L!

* points to thread title *

This is about easing anxiety, not picking supplements.

Having said that - going through your notes and building outlines sounds good. Supplements can be fine. it sounds like you're thinking about practice exams the right way. So you'll be fine, but do the strategizing somewhere else :lol:

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Re: TheSeaLocust's 1L Anxiety Meditation Retreat & Spa

Postby stillwater » Tue Nov 05, 2013 12:50 am

thesealocust wrote:
Dolphine wrote:WE CAN DO THIS...NOTHING WILL STAND IN OUR WAY. IT IS TIME TO FULFILL THE PROPHECY.


GO FULFILL THE PROPHECY SOMEWHERE ELSE~ :lol:

I'm only half kidding - this thread isn't "reduce your anxiety by learning how to CRUSH YOUR ENEMIES AND DRIVE THEM FROM YOUR LANDS" - it's about reducing your anxiety by gaining a sense of perspective and community.

Y'all are going to be fine. Y'all are not all going to be #1. It's well and good to try, even to give it your all, but be careful about pinning too much of your sense of self (and self worth) on the results of this year. Law school is artificial bullshit and manufactured stress. It also has fabulous cash prizes and it's as worthy an endeavor to spend yourself on as any other... but it's neither the alpha nor the omega nor if we're being honest all that worthwhile much in between.

Dylanlj13 wrote:I'll post this here because it's relevant and I'm lazy. Someone give me a list of decent supplements for contracts and torts.



No! Bad 1L!

* points to thread title *

This is about easing anxiety, not picking supplements.

Having said that - going through your notes and building outlines sounds good. Supplements can be fine. it sounds like you're thinking about practice exams the right way. So you'll be fine, but do the strategizing somewhere else :lol:


the sealocust has his napoleon moment. 1Ls flee in DROVES to the Property Tree House.
Last edited by stillwater on Tue Nov 05, 2013 12:53 am, edited 1 time in total.

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Danger Zone
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Re: TheSeaLocust's 1L Anxiety Meditation Retreat & Spa

Postby Danger Zone » Tue Nov 05, 2013 12:51 am

You are still the only one in the tree house :lol:

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Easy-E
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Re: TheSeaLocust's 1L Anxiety Meditation Retreat & Spa

Postby Easy-E » Tue Nov 05, 2013 1:26 pm

Is taking a 4 credit course on top of CivPro, Con, and LRW a bad call? Or pretty normal? Looking at either evidence or commercial law.

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stillwater
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Re: TheSeaLocust's 1L Anxiety Meditation Retreat & Spa

Postby stillwater » Tue Nov 05, 2013 1:27 pm

Danger Zone wrote:You are still the only one in the tree house :lol:


i am a man ahead of his time. you'll all come to see the wisdom of my construction.

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Re: TheSeaLocust's 1L Anxiety Meditation Retreat & Spa

Postby Danger Zone » Tue Nov 05, 2013 1:29 pm

Maybe you would get more members if you took down the "No Girls Allowed!" sign.

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Re: TheSeaLocust's 1L Anxiety Meditation Retreat & Spa

Postby thesealocust » Tue Nov 05, 2013 1:51 pm

emarxnj wrote:Is taking a 4 credit course on top of CivPro, Con, and LRW a bad call? Or pretty normal? Looking at either evidence or commercial law.


I have no idea, it depends on your school and how they set 1L up. It sounds fine though.

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Easy-E
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Re: TheSeaLocust's 1L Anxiety Meditation Retreat & Spa

Postby Easy-E » Tue Nov 05, 2013 3:59 pm

thesealocust wrote:
emarxnj wrote:Is taking a 4 credit course on top of CivPro, Con, and LRW a bad call? Or pretty normal? Looking at either evidence or commercial law.


I have no idea, it depends on your school and how they set 1L up. It sounds fine though.


Yeah I dk why I thought I thought to post that here. Ugh. This law school shit is getting old.




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