1L Exam Prep and Motivation Thread Forum

[sundance95]

Once the 3rd party D is joined, there might then be counter and cross claims, but I'd just call the original claim an impleader claim.

This. A Rule 14 party is not a co-party to the original D. D is now the third-party plaintiff and the Rule 14 party is a the third-party defendant.

[northwood]

crim law question:

For second degree murder under common law- D mst prove that he lacked maclicious intent, correct? So would heat of passion, or attempt to only batter someone, but victim accidentally dies from injuries ( or does that bump it up to first degree), or uunjustified defense ( i.e defense of a fist fight, but takes out gun and shoots attacker- charged with murder 1, pleads self defense, can it get bumped down to murder 2?)

and for the MPC- would the second little hypo possibly get the charge negated to manslaughter???

[brickman]

if a little kid turns up the volume really loud on her video game in a crowded area and someone has an absurd fucking reaction, this isn't negligence is it?

if someone responding to that loud volume dives under a table because they think it's a terrorist attack, this isn't negligence is it?

[ph14]

if a little kid turns up the volume really loud on her video game in a crowded area and someone has an absurd fucking reaction, this isn't negligence is it?

if someone responding to that loud volume dives under a table because they think it's a terrorist attack, this isn't negligence is it?

Seems like an unusually sensitive plaintiff. Judging by the reasonable person standard it doesn't seem like they've breached.

Unless perhaps the crowded area is like a veteran's convention and the defendant knew they had post-traumatic stress disorder, or some other situation where the defendant know about the plaintiff's sensibilities.

Also, kids that are too young might be not liable for negligence, since they can't quite comprehend the consequences of their actions.

[brickman]

if a little kid turns up the volume really loud on her video game in a crowded area and someone has an absurd fucking reaction, this isn't negligence is it?

if someone responding to that loud volume dives under a table because they think it's a terrorist attack, this isn't negligence is it?

Seems like an unusually sensitive plaintiff. Judging by the reasonable person standard it doesn't seem like they've breached.

this is what i was thinking. i'm looking at this exam:

http://www.scribd.com/doc/75591377

and I can't find any negligence that is causally related. it's just one big ol' tease with a good deal of intentional torts thrown in there

[rocon7383]

made a post about it, getting very little love though. So i'll try it in here.

studying for crim now, the final is friday. My text is Dressler, Unfortunately, the two supplements assigned to the class don't have examples or anything, and i find reading them to be more like reading a novel than applying the rules. So i bought the emanual crunchtime book, and am flying through it. Does anyone have an opinion on this book? Good bad? Foolish decision? Are there major mistakes in it?

[dabomb75]

made a post about it, getting very little love though. So i'll try it in here.

studying for crim now, the final is friday. My text is Dressler, Unfortunately, the two supplements assigned to the class don't have examples or anything, and i find reading them to be more like reading a novel than applying the rules. So i bought the emanual crunchtime book, and am flying through it. Does anyone have an opinion on this book? Good bad? Foolish decision? Are there major mistakes in it?

haven't taken Crim yet, but a quick search revealed this thread

http://www.top-law-schools.com/forums/v ... 3&t=103128

[bostonlawchick]

First exam in 45 minutes... it would be really great if my stomach would settle down. Reading over model answers from past exams, I feel okay. My body just doesn't seem to be getting the message. I've never been a smoker, but days like today I could really use it.

take a poop and go pee... you got a case of the nerves... and you dont want to have to get up in the middle of the test. relax and listen to some calming music, you got this

Hopefully you're right... I don't think I've ever been so elated and so miserable in the same moment as I was when I walked out of that exam... I don't want to feel like I did well because then I know I'll fail. Buh.

I was actually surprised at how many people got up and went to the bathroom during a four hour exam.... they only let them out one at a time and there was practically a line forming.

[theavrock]

Wowza. Done with my first exam. Don't feel great, but don't feel terrible about it. Really have no idea how I did TBH.

Just glad to have it done and I bolted out of the exam room without talking to anyone. Saw people sitting around chatting about it and wanted no part of that crap. It's done and over an I am not thinking about it anymore until I get my grades.

[alicrimson]

One more left...contracts. I know I didn't fail all of my exams; however, my brain has this nagging feeling that the mistakes I made in terms of issues spotted or not spotted are going to kill me and I will have failed everything. I suppose that's part of 1L? We had a fifty question multiple choice exam today. I, having taken many multiple choice tests in my day, thought this was not going to be that bad. Well, let's say everyone used the 3hour allotted. I don't feel very good about this one. The teacher kept using the same answer with one or two words changed in each choice. Annoying. I know I missed atleast 4-5. For sure. Everyone else was in misery over the test though so hopefully the curve is my friend. I still have the feeling of failure. Oh well...one more and then eventually will get to see if this feeling is unneccessary self doubt. Or C's. Those would SUCK too. Not expecting anything wonderful. Figure I'll expect mediocre and then treat each better grade (assuming there hopefully are some) as a beautiful blessing. haha. Oh first semester 1L....

[crossarmant]

Wowza. Done with my first exam. Don't feel great, but don't feel terrible about it. Really have no idea how I did TBH.

Just glad to have it done and I bolted out of the exam room without talking to anyone. Saw people sitting around chatting about it and wanted no part of that crap. It's done and over an I am not thinking about it anymore until I get my grades.

I did the same with the two that I've done. I brought a pair of sound cancelling headphones, threw them on as I made my way out and cranked up the ending music from Star Wars Episode IV when they're all getting medals from the rebels.

http://www.youtube.com/watch?v=9pjHVUMG ... re=related

Granted, I probably won no medals with my test taking... we'll see.

[thesteelers]

combined word limit for long issue spotter and short answer: 3,200
Me: 2,500

C-?

[SilverE2]

First exam in 45 minutes... it would be really great if my stomach would settle down. Reading over model answers from past exams, I feel okay. My body just doesn't seem to be getting the message. I've never been a smoker, but days like today I could really use it.

take a poop and go pee... you got a case of the nerves... and you dont want to have to get up in the middle of the test. relax and listen to some calming music, you got this

Hopefully you're right... I don't think I've ever been so elated and so miserable in the same moment as I was when I walked out of that exam... I don't want to feel like I did well because then I know I'll fail. Buh.

I was actually surprised at how many people got up and went to the bathroom during a four hour exam.... they only let them out one at a time and there was practically a line forming.

Wow, that SUCKS. I went to the bathroom twice (stress does that to me :-/) in a four hour exam, but I was back in less than 2 minutes because they don't make people go one by one. I think people are too terrified of the honor code to risk chatting about the exam in the bathroom.

[theavrock]

Wowza. Done with my first exam. Don't feel great, but don't feel terrible about it. Really have no idea how I did TBH.

Just glad to have it done and I bolted out of the exam room without talking to anyone. Saw people sitting around chatting about it and wanted no part of that crap. It's done and over an I am not thinking about it anymore until I get my grades.

I did the same with the two that I've done. I brought a pair of sound cancelling headphones, threw them on as I made my way out and cranked up the ending music from Star Wars Episode IV when they're all getting medals from the rebels.

http://www.youtube.com/watch?v=9pjHVUMG ... re=related

Granted, I probably won no medals with my test taking... we'll see.

Bahaha. I will have to try this after my next exam on saturday!

[johansantana21]

if a little kid turns up the volume really loud on her video game in a crowded area and someone has an absurd fucking reaction, this isn't negligence is it?

if someone responding to that loud volume dives under a table because they think it's a terrorist attack, this isn't negligence is it?

Seems like an unusually sensitive plaintiff. Judging by the reasonable person standard it doesn't seem like they've breached.

this is what i was thinking. i'm looking at this exam:

http://www.scribd.com/doc/75591377

and I can't find any negligence that is causally related. it's just one big ol' tease with a good deal of intentional torts thrown in there

Negligence has to exist first before unusually sensitive plaintiff kicks in.

So the question is, was having music on loud negligent? Or wasn't it?

[orm518]

crim law question:

For second degree murder under common law- D mst prove that he lacked maclicious intent, correct? So would heat of passion, or attempt to only batter someone, but victim accidentally dies from injuries ( or does that bump it up to first degree), or uunjustified defense ( i.e defense of a fist fight, but takes out gun and shoots attacker- charged with murder 1, pleads self defense, can it get bumped down to murder 2?)

and for the MPC- would the second little hypo possibly get the charge negated to manslaughter???

edit: read your question wrong, my bad.

New answer: yeah, if the D can mitigate the malice by showing adequate provocation under the c/l (Heat of passion, provocation, lack of cooling time) then he can bump it down to manslaughter. Under the MPC the D can plead Extreme Emotional or Mental Disturbance, which is a little more liberal in proving the D was under an EEMD, but the catch is the disturbance has to be an objectively reasonable response to the provocation. See, the Casassa case from NY, if you had the Kadish casebook.

If you attempted to batter someone, the Prosecution would have a hard time proving mens rea to murder, so they would try and show a recklessly risked killing and if they can imply malice (deadly weapon pointed at a vital body part, for example) they could get you on murder, but manslaughter would be easier to prove.

[BlueDiamond]

LOL @ property today.. I'm sooo gonna be on late night TV commercials in a few years

[TatteredDignity]

Lol at exams in general. Our property exam tested maybe half the doctrines we learned this semester. I understand they can't test everything, but come on. So random.

[bostonlawchick]

The other sections had an 8 hour take home property exam today (no word limit), and someone told me they wrote ~2500 words. I mean, I don't put stock in word counts, but how can you not come up with more than that in eight hours? If I had had eight hours, I would have been combing the book to throw in anything that was even remotely relevant.

[theavrock]

Lol at exams in general. Our property exam tested maybe half the doctrines we learned this semester. I understand they can't test everything, but come on. So random.

Yea my civ pro exam covered MTD, MSJ and expert testimony (we cover Rules first as opposed to the jurisdiction stuff) with a very small sprinkling of other stuff. Pretty shocked since I thought we were going to get hit with everything.

Makes me feel a lot better about the other exams.

[ilovesf]

just finished my last exam! i don't even want to discuss my feelings about it - i just had three beers, i'm gonna watch tv and take a bubble bath, and then i'm going to a partyyyy

[queenlizzie13]

Got one more. Not sure how to feel about this one I just took. Still the knowledge of just one more is helping at the moment for motivation.

[cinephile]

I feel weirdly calm and actually happy about my first and only exam -- which I know means there was probably more to it than met the eye. But several of the hypos were directly out of our classroom discussion and one of them was out of the E&E. Seems like anyone who paid attention in class would've caught the issues. So, maybe it was an easy exam which will have a super tight curve?

[Eugenie Danglars]

I feel weirdly calm and actually happy about my first and only exam -- which I know means there was probably more to it than met the eye. But several of the hypos were directly out of our classroom discussion and one of them was out of the E&E. Seems like anyone who paid attention in class would've caught the issues. So, maybe it was an easy exam which will have a super tight curve?

Nice. How'd you work that?

[cinephile]

I feel weirdly calm and actually happy about my first and only exam -- which I know means there was probably more to it than met the eye. But several of the hypos were directly out of our classroom discussion and one of them was out of the E&E. Seems like anyone who paid attention in class would've caught the issues. So, maybe it was an easy exam which will have a super tight curve?

Nice. How'd you work that?

Haha, I don't know where my head is. No, I definitely have two more exams. Maybe I'm more out of it than I realized.