1L Exam Prep and Motivation Thread Forum

[snowpeach06]

One day, not enough time to finish my mini-outline, re-write it in my FRCP book and do like 2 sample exams. Oy to the vey.

[BarbellDreams]

For issue preclusion: If two parties have privity then offensive collateral estoppel doesn't work but defensive estoppel works. If there was no privity between parties then Both offensive and defensive may work.

Right?

[romothesavior]

For issue preclusion: If two parties have privity then offensive collateral estoppel doesn't work but defensive estoppel works. If there was no privity between parties then Both offensive and defensive may work.

Right?

Why doesn't offensive collateral estoppel work between parties in privity? If the plaintiff meets all of the elements of the cause of action and wins, then isn't there issue-preclusive effect of the issues actually litigated? As I understand it, the only time collateral estoppel doesn't work between parties in privity is when the court finds for a party on two or more sufficient grounds.

If A sues B for trespass and wins, and then B goes on A's property again, A should be able to preclude B from re-litigating the issue of who the land belongs to. Right?

Am I missing something here?

[BarbellDreams]

Sorry, I should have indicated that I meant this to be with a P2. As in P goes on A's land and A sues for tresspass. P wins. Now P2 goes on A's land and A sues for tresspass and P wants to use offensive collateral estoppel. Cant do it (I think haha).

[emorystud2010]

.

[keg411]

Took a PT. Going to fail property.

[snowpeach06]

For issue preclusion: If two parties have privity then offensive collateral estoppel doesn't work but defensive estoppel works. If there was no privity between parties then Both offensive and defensive may work.

Right?

I think so. But this always confuses me. I thought you really weren't supposed to use offensive, but at the same time, you can't deny a party their day in court. So, I can't wrap my head around this.

[gwuorbust]

property exam in 15 mins. IT IS GAME TIME!!

[somewhatwayward]

How a decent portion of my day was spent:

http://dl.dropbox.com/u/15951/Crim%20Flowcharts.jpg

this is awesome, but has anyone managed to print it in a readable font?

Not sure if this will be helpful:

--LinkRemoved--

thanks! very helpful

[mths]

property exam in 15 mins. IT IS GAME TIME!!

:S

good luck

[unc0mm0n1]

property exam in 15 mins. IT IS GAME TIME!!

go kill it man.

[moandersen]

Sorry, I should have indicated that I meant this to be with a P2. As in P goes on A's land and A sues for tresspass. P wins. Now P2 goes on A's land and A sues for tresspass and P wants to use offensive collateral estoppel. Cant do it (I think haha).

I believe offensive collateral estoppel can be used in that situation, but its not automatic like defensive normally is. There are some sort of balancing/fairness factors that need to be weighed at the courts discretion.

[SmittenMitten]

I'm thinking of framing my transcript from last semester. I'm pretty sure I'll never have that high of a GPA/class rank again. Holy God, I'm fucked for finals this semester.

I think I know more of the classes I haven't taken since December- than the ones I just took for 5 months. I'm so fucked that I cannot even comprehend how much I'd have to learn to not be totally, completely fucked.

[SmittenMitten]

So this year's crim exam was going to be a test that would normally be a four-hour in-class open-book exam, except the teacher was going to give us six hours and make it a take-home because "some students last year feel they didn't have enough time to finish the questions." Since she didn't want this exam to favor people who can think or type quickly, she gave us a fairly strict word limit.

Our class just got an e-mail from her and instead of two big issues spotters, there is going to be one and instead of three short policy questions, there are going to be two. I am going out of my mind. The curve on this exam is going to be the most ridiculous I have ever seen.

My crim final is in about a week-and the exam has not been written yet. She just decided it is closed book-and I've learned nothing but what opinions the gunners have on sluts and their part in rapes.

[JetstoRJC]

So this year's crim exam was going to be a test that would normally be a four-hour in-class open-book exam, except the teacher was going to give us six hours and make it a take-home because "some students last year feel they didn't have enough time to finish the questions." Since she didn't want this exam to favor people who can think or type quickly, she gave us a fairly strict word limit.

Our class just got an e-mail from her and instead of two big issues spotters, there is going to be one and instead of three short policy questions, there are going to be two. I am going out of my mind. The curve on this exam is going to be the most ridiculous I have ever seen.

I flipped when I read the e-mail. Six hours to answer one issue spotter and two short answers? Quite the opposite from Torts last semester with 4 hours to answer two issue spotters and five short answers.

Talk about an incredible curve.....good luck.

[geekrocker37]

In terms of covenants, could someone briefly explain horizontal privity? I know that it technically isn't required now for the burden of a covenant to run at law, but what exactly is it? My notes are limited to suggestions of promises occurring in the same time frame, but that could be very far off...

[stayway]

In terms of covenants, could someone briefly explain horizontal privity? I know that it technically isn't required now for the burden of a covenant to run at law, but what exactly is it? My notes are limited to suggestions of promises occurring in the same time frame, but that could be very far off...

horizontal privity: shared interest in land by original contracting parties. It's required for burden of covenant to run at law but not required to run in equity. (equity doesn't require privity of estate).

Edit:

Also, not required for benefit to run at law.

[mbusch22]

In terms of covenants, could someone briefly explain horizontal privity? I know that it technically isn't required now for the burden of a covenant to run at law, but what exactly is it? My notes are limited to suggestions of promises occurring in the same time frame, but that could be very far off...

It means the two original promisees were in privity with each other, meaning at least one of two things:

Mutual Horizontal Privity: The two original promisees shared some sort of interest in each other's land at the time of promising- i.e. Landlord Tenant Relationship or One had an easement in the other's property.

Successive Horizontal Privity: The original promise was made in connection with the conveyance of an estate in fee- i.e. A sold B his parcel with the original promise in the deed itself, or along with the deed in some way.

So if A and B are neighbors, but share no interest in eachother's land, and just decide to promise to use their parcels for residential use only, there is no horizontal privity and the burden will not run.

This is how we learned it. The EE has some good explanation if you've got access to that.

[goodolgil]

So this year's crim exam was going to be a test that would normally be a four-hour in-class open-book exam, except the teacher was going to give us six hours and make it a take-home because "some students last year feel they didn't have enough time to finish the questions." Since she didn't want this exam to favor people who can think or type quickly, she gave us a fairly strict word limit.

Our class just got an e-mail from her and instead of two big issues spotters, there is going to be one and instead of three short policy questions, there are going to be two. I am going out of my mind. The curve on this exam is going to be the most ridiculous I have ever seen.

I flipped when I read the e-mail. Six hours to answer one issue spotter and two short answers? Quite the opposite from Torts last semester with 4 hours to answer two issue spotters and five short answers.

Talk about an incredible curve.....good luck.

yeah, this is gonna blow. i think one of the main reasons i did well in torts last semester is because i actually finished the exam. oh well.

[stratocophic]

Motion to expand the definition of the verb "Latham" to include the thing that is going to happen to my GPA after this round of finals. I can't think of any other word which can adequately convey the depth of my despair. Free-fall is about as close as I can get, but it just doesn't carry the same sense of hopelessness and futility.

[Helmholtz]

Motion to expand the definition of the verb "Latham" to include the thing that is going to happen to my GPA after this round of finals. I can't think of any other word which can adequately convey the depth of my despair. Free-fall is about as close as I can get, but it just doesn't carry the same sense of hopelessness and futility.

"You're GPA's just been Howrey'd"

[Helmholtz]

So this year's crim exam was going to be a test that would normally be a four-hour in-class open-book exam, except the teacher was going to give us six hours and make it a take-home because "some students last year feel they didn't have enough time to finish the questions." Since she didn't want this exam to favor people who can think or type quickly, she gave us a fairly strict word limit.

Our class just got an e-mail from her and instead of two big issues spotters, there is going to be one and instead of three short policy questions, there are going to be two. I am going out of my mind. The curve on this exam is going to be the most ridiculous I have ever seen.

I flipped when I read the e-mail. Six hours to answer one issue spotter and two short answers? Quite the opposite from Torts last semester with 4 hours to answer two issue spotters and five short answers.

Talk about an incredible curve.....good luck.

Good luck to you too. Here's hoping we both avoid using the word "which" where it would have been grammatically correct to use the word "that," thus plunging us from A's to C's.

[PirateCap'n]

Motion to expand the definition of the verb "Latham" to include the thing that is going to happen to my GPA after this round of finals. I can't think of any other word which can adequately convey the depth of my despair. Free-fall is about as close as I can get, but it just doesn't carry the same sense of hopelessness and futility.

This ^ +1000000. I can already feel my class rank and GPA dropping like a boulder off a cliff. It's gonna be bad.

[stratocophic]

Motion to expand the definition of the verb "Latham" to include the thing that is going to happen to my GPA after this round of finals. I can't think of any other word which can adequately convey the depth of my despair. Free-fall is about as close as I can get, but it just doesn't carry the same sense of hopelessness and futility.

"You're GPA's just been Howrey'd"

Amendment to the motion granted. Perfect. My GPA is about to get Howrey'd so hard. Question is, Howrey going to save our pristine GPAs from oblivion and get jobs, PirateCap'n?

[stayway]

http://youtu.be/9saEpqhBP5M

GET MOTIVATED AND HYPED