OK different question: what does it mean to miss an issue?

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Stylistics
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OK different question: what does it mean to miss an issue?

Postby Stylistics » Thu Dec 11, 2014 9:25 am

OK deleted but let me substitute a more general question:

In a course that focused primarily on jurisidiction, class action, and a little preclusion, how big of a mistake is it to neglect an entire category that was touched on in passing (discovery)?

For example, joinder focused mostly on class actions. I discussed one separate joinder in addition to class actions. But if most of the question calls for an analysis of whether diversity and personal jurisdiction exist, are you supposed to manufacture any counterclaim, cross-claim, counterclaim against cross-claim you can think of, and then duplicate SJ & PJ analysis for all the joined parties and claims? Because that could get very messy and you'd have to know a bit about torts in order to manufacture counterclaims out of nothing.

Does "missing an issue" not discussing an exception to a category you do discuss (e.g., exceptions to federal question subject matter).

If you miss an entire category, but that category was only touched on once in the course (Rule 26 discovery relevance, privilege), are you expected to throw the kitchen sink of discovery? (well P could make literally every discovery motion in the book, but that'd be conjecture and not grounded on the facts)
Last edited by Stylistics on Thu Dec 11, 2014 10:22 am, edited 2 times in total.

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BVest
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Re: Here's my answer as I remember it. Evaluate its errors?

Postby BVest » Thu Dec 11, 2014 9:29 am

I didn't read it, but you shouldn't post it.

olive16
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Re: Here's my answer as I remember it. Evaluate its errors?

Postby olive16 » Thu Dec 11, 2014 9:36 am

BVest wrote:I didn't read it, but you shouldn't post it.


Seriously. WTF.

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UnicornHunter
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Re: Here's my answer as I remember it. Evaluate its errors?

Postby UnicornHunter » Thu Dec 11, 2014 9:50 am

JTFC
Last edited by UnicornHunter on Thu Dec 11, 2014 2:29 pm, edited 1 time in total.

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Tanicius
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Re: Here's my answer as I remember it. Evaluate its errors?

Postby Tanicius » Thu Dec 11, 2014 9:54 am

Lol'd

Stylistics
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Re: Here's my answer as I remember it. Evaluate its errors?

Postby Stylistics » Thu Dec 11, 2014 9:58 am

the software doesn't allow you to save the text, so i rewrote what i wrote from memory. that's not allowed either?

mvp99
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Re: Here's my answer as I remember it. Evaluate its errors?

Postby mvp99 » Thu Dec 11, 2014 10:01 am

don't waste your energy on this

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chuckbass
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Re: Here's my answer as I remember it. Evaluate its errors?

Postby chuckbass » Thu Dec 11, 2014 10:03 am

Based on your posts from the last few days you really just need to chill the fuck out dude

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BVest
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Re: Here's my answer as I remember it. Evaluate its errors?

Postby BVest » Thu Dec 11, 2014 10:03 am

As a general rule, until you are certain that finals are over and done with for all, you need to be circumspect about discussing exam questions openly because someone nearby may not have taken the exam yet for whatever reason (medical emergency or what have you). Internet forums do not give you the ability to limit the audience in the same way as discussing with a classmate or two who you know already took it.

Hutz_and_Goodman
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Re: Here's my answer as I remember it. Evaluate its errors?

Postby Hutz_and_Goodman » Thu Dec 11, 2014 10:06 am

B+

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A. Nony Mouse
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Re: Here's my answer as I remember it. Evaluate its errors?

Postby A. Nony Mouse » Thu Dec 11, 2014 10:07 am

No one can answer your question, and you shouldn't post this.

Stylistics
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Re: OK different question: what does it mean to miss an issue?

Postby Stylistics » Thu Dec 11, 2014 10:23 am

OK original wall of text deleted, asked a more general question.

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A. Nony Mouse
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Re: OK different question: what does it mean to miss an issue?

Postby A. Nony Mouse » Thu Dec 11, 2014 10:53 am

You shouldn't make up facts (for instance, create counterclaims and whatnot out of thin air). If there's a fact in the prompt that raises a particular issue, you should address it. So, if there are details in a civ pro question about, say, documents (whether they've been preserved), it might suggest you should write something about discovery. But if the call of the question is specific (do SMJ/DJ exist?) then answer that question and move on.

No one here knows how your prof will grade your exam and what s/he will do if you miss issues.

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jbagelboy
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Re: OK different question: what does it mean to miss an issue?

Postby jbagelboy » Thu Dec 11, 2014 11:23 am

As always it depends. If it was a fair exam where most of the class hit major issues and there's a very tight curve, missing an important discussion point could be bad. On the other hand if it's a shitshow exam with a very generous curve and no one spotted everything, then you're fine.

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Icculus
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Re: OK different question: what does it mean to miss an issue?

Postby Icculus » Thu Dec 11, 2014 11:33 am

scottidsntknow wrote:Based on your posts from the last few days you really just need to chill the fuck out dude


And remember, your grade depends on how everyone else did. if everyone missed a particular issue the issue becomes moot. But seriously, exams can't even be over for you and if this is what you are focusing on you're gonna screw yourself for the rest by overthinking it. My philosophy was to always forget about the last exam I took and focus on the next one. I walked out of a property exam convinced I bottomed out the curve and ended up with an A, you juts can't know. Move one and wait for your prof to grade. And DO NOT post anymore exam answers or questions unless you want all of the work you have done thus far to be for nothing.

notgreat
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Re: Here's my answer as I remember it. Evaluate its errors?

Postby notgreat » Thu Dec 11, 2014 11:52 am

scottidsntknow wrote:Based on your posts from the last few days you really just need to chill the fuck out dude


This. Stop shitting the forum. Your grade is your grade at this point. No one here can tell you how you did without seeing the exam and your classmates' answers. Get back to studying for other finals or if you are done get drunk and high and forget about it.

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jbagelboy
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Re: Here's my answer as I remember it. Evaluate its errors?

Postby jbagelboy » Thu Dec 11, 2014 12:00 pm

notgreat wrote:
scottidsntknow wrote:Based on your posts from the last few days you really just need to chill the fuck out dude


This. Stop shitting the forum. Your grade is your grade at this point. No one here can tell you how you did without seeing the exam and your classmates' answers. Get back to studying for other finals or if you are done get drunk and high and forget about it.


OP, Aren't you also the guy who didn't do jack all semester? viewtopic.php?f=3&t=240345&p=8209108#p8209108. It's pretty type B to now be losing your shit over the exam results when you didn't do the work. If* you P it this semester life will go on. Cop an H in your elective and maybe one other class next semester and you'll be okay for EIP.

*reading your other thread, it sounds like you probably did fine on your exam. Word count doesn't matter. Pro tip is to stop talking about tests after you take them and not give two shits what others are saying about it

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Icculus
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Re: OK different question: what does it mean to miss an issue?

Postby Icculus » Thu Dec 11, 2014 12:55 pm

Stylistics wrote:How should I spend the next week?
I've read the casebooks only sparingly. In all but 1 of my cases, it's fair to say that I've read none of the cases. I've kept up throughout the semester by using commercial aids like Gilberts.

I scribbled in whatever book I had open whenever the professor began a sentence with "I think the majority..."

Most of the time I think to myself "well the professor is an ultra-liberal, so chances are he agrees with the Brennan types in, e.g., Penn Central" for property. There have been a few moments where the professor disagrees with a holding generally favored by people who lean as the prof does, but I can't remember/find them.

My plan is to use the commercial aids during open-book exams. Between now and exams, my plan is to go over the syllabus and read the cases the aids don't cover, and add them manually.

I'm not panicked, just wondering how to best spend the next week.


I have now lost all respect/sympathy/patience for you. GTFO.

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WhiskeynCoke
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Re: OK different question: what does it mean to miss an issue?

Postby WhiskeynCoke » Thu Dec 11, 2014 1:53 pm

Stylistics wrote:OK deleted but let me substitute a more general question:

In a course that focused primarily on jurisidiction, class action, and a little preclusion, how big of a mistake is it to neglect an entire category that was touched on in passing (discovery)?

For example, joinder focused mostly on class actions. I discussed one separate joinder in addition to class actions. But if most of the question calls for an analysis of whether diversity and personal jurisdiction exist, are you supposed to manufacture any counterclaim, cross-claim, counterclaim against cross-claim you can think of, and then duplicate SJ & PJ analysis for all the joined parties and claims? Because that could get very messy and you'd have to know a bit about torts in order to manufacture counterclaims out of nothing.

Does "missing an issue" not discussing an exception to a category you do discuss (e.g., exceptions to federal question subject matter).

If you miss an entire category, but that category was only touched on once in the course (Rule 26 discovery relevance, privilege), are you expected to throw the kitchen sink of discovery? (well P could make literally every discovery motion in the book, but that'd be conjecture and not grounded on the facts)


You clearly don't understand what "missing an issue" means. Here's a hint: it does not mean that you left a portion of your outline, which was not prompted by the facts in the hypo, out of your exam answer.

If the facts of a hypo establish an uncertainty about personal jurisdiction, (i.e. are these "minimum contacts") and you fail to discuss that aspect of personal jurisdiction, that's called missing an issue.

That you failed to invent your own facts in order to discuss joinder, in a question about personal jurisdiction, is not "missing an issue."

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AVBucks4239
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Re: OK different question: what does it mean to miss an issue?

Postby AVBucks4239 » Thu Dec 11, 2014 2:00 pm

I despise when people say "It is what it is," but ya, your grades are what they are. Nothing can be accomplished by posting here (or by talking about the exam with friends).

Go relax, drink a beer, and stop thinking about the exam. Life will go on whether you get an A or median.

Neff
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Re: OK different question: what does it mean to miss an issue?

Postby Neff » Thu Dec 11, 2014 2:27 pm

.




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