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uwb09

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by uwb09 » Tue Dec 07, 2010 6:34 pm
mths wrote:uwb09 wrote:Quick 1331 Diversity Question
Let's say plaintiffs are: CA and WA
Defendants are: CA, TX, and JAPAN
does this fall under 1331(a)(3), allowing federal diversity for the case?
Isn't it 1332? And every plaintiff has to be from a different state than every defendant.
sorry, yes 1332
Is there any rule or statute that would allow the court to hear this case?
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mths

- Posts: 1098
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by mths » Tue Dec 07, 2010 6:37 pm
uwb09 wrote:mths wrote:uwb09 wrote:Quick 1331 Diversity Question
Let's say plaintiffs are: CA and WA
Defendants are: CA, TX, and JAPAN
does this fall under 1331(a)(3), allowing federal diversity for the case?
Isn't it 1332? And every plaintiff has to be from a different state than every defendant.
sorry, yes 1332
Is there any rule or statute that would allow the court to hear this case?
Not unless it's a federal question.
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BriaTharen

- Posts: 750
- Joined: Wed Nov 04, 2009 5:17 pm
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by BriaTharen » Tue Dec 07, 2010 6:38 pm
uwb09 wrote:mths wrote:uwb09 wrote:Quick 1331 Diversity Question
Let's say plaintiffs are: CA and WA
Defendants are: CA, TX, and JAPAN
does this fall under 1331(a)(3), allowing federal diversity for the case?
Isn't it 1332? And every plaintiff has to be from a different state than every defendant.
sorry, yes 1332
Is there any rule or statute that would allow the court to hear this case?
If it is a question of federal law
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uwb09

- Posts: 574
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by uwb09 » Tue Dec 07, 2010 6:40 pm
BriaTharen wrote:uwb09 wrote:mths wrote:uwb09 wrote:Quick 1331 Diversity Question
Let's say plaintiffs are: CA and WA
Defendants are: CA, TX, and JAPAN
does this fall under 1331(a)(3), allowing federal diversity for the case?
Isn't it 1332? And every plaintiff has to be from a different state than every defendant.
sorry, yes 1332
Is there any rule or statute that would allow the court to hear this case?
If it is a question of federal law
Ugh, on an old practice exam that was the situation, and it definitely wasn't a federal question issue
How the hell do they force curves with this stuff?
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gwuorbust

- Posts: 2086
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by gwuorbust » Tue Dec 07, 2010 6:46 pm
uwb09 wrote:
Ugh, on an old practice exam that was the situation, and it definitely wasn't a federal question issue
How the hell do they force curves with this stuff?
simple statistical analysis I would presume.
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LizBennet

- Posts: 43
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by LizBennet » Tue Dec 07, 2010 6:49 pm
uwb09 wrote:random question, do you turn in your outline with your test?
we had to turn in our "cheat sheet" for our torts exam. we were only allowed 1 page so i assume that's why. though it would've been fairly obvious beforehand if we had more than 1.
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dailygrind

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by dailygrind » Tue Dec 07, 2010 7:29 pm
LizBennet wrote:uwb09 wrote:random question, do you turn in your outline with your test?
we had to turn in our "cheat sheet" for our torts exam. we were only allowed 1 page so i assume that's why. though it would've been fairly obvious beforehand if we had more than 1.
i hate this shit. i get that it forces you to condense shit down to what you need to know, but fuckin a, we're all adults here, and we're already all doing our level best to condense what we need to know down to the smallest form possible. why give us artificial constraints like this, on top of the already artificial constraint of 3 hours to write out answers to some ridiculous fact pattern?
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Gamecubesupreme

- Posts: 495
- Joined: Tue Apr 14, 2009 8:54 pm
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by Gamecubesupreme » Tue Dec 07, 2010 8:11 pm
Contract is ridiculous.
You have a rule.
There are exceptions to the rule.
But there are also exceptions as to when those exceptions can apply.
Fuck this.
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TigerBeer

- Posts: 178
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by TigerBeer » Tue Dec 07, 2010 8:36 pm
Gamecubesupreme wrote:Contract is ridiculous.
You have a rule.
There are exceptions to the rule.
But there are also exceptions as to when those exceptions can apply.
Fuck this.
Those are called opportunities to score points.
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beach_terror

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by beach_terror » Tue Dec 07, 2010 8:52 pm
I wonder how many people who outline exclusively from the E&e's are going to fuck up some recent holdings.
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BriaTharen

- Posts: 750
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by BriaTharen » Tue Dec 07, 2010 8:54 pm
beach_terror wrote:I wonder how many people who outline exclusively from the E&e's are going to fuck up some recent holdings.
Add Freer to that as well, and I am willing to lay down money that someone is going to forget that
Hertz Corp. v. Friend happened
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beach_terror

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by beach_terror » Tue Dec 07, 2010 9:01 pm
BriaTharen wrote:beach_terror wrote:I wonder how many people who outline exclusively from the E&e's are going to fuck up some recent holdings.
Add Freer to that as well, and I am willing to lay down money that someone is going to forget that
Hertz Corp. v. Friend happened
Yeah, that would suck if someone rambled off all 3 old tests (
but I hope a lot of people do). Time is going to be precious in my civ pro exam.
Some people in my section still have trouble distinguishing corporation's citizenship from where corporation's "reside" for venue... I can only hope they're stupid enough to forget other stuff we've gone over in class (i.e. Hertz).
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eandy

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by eandy » Tue Dec 07, 2010 9:03 pm
BriaTharen wrote:beach_terror wrote:I wonder how many people who outline exclusively from the E&e's are going to fuck up some recent holdings.
Add Freer to that as well, and I am willing to lay down money that someone is going to forget that
Hertz Corp. v. Friend happened
and this is why I shelled out extra for 2009 Freer instead of 2005.
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mths

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by mths » Tue Dec 07, 2010 9:04 pm
beach_terror wrote:BriaTharen wrote:beach_terror wrote:I wonder how many people who outline exclusively from the E&e's are going to fuck up some recent holdings.
Add Freer to that as well, and I am willing to lay down money that someone is going to forget that
Hertz Corp. v. Friend happened
Yeah, that would suck if someone rambled off all 3 old tests (
but I hope a lot of people do). Time is going to be precious in my civ pro exam.
Some people in my section still have trouble distinguishing corporation's citizenship from where corporation's "reside" for venue... I can only hope they're stupid enough to forget other stuff we've gone over in class (i.e. Hertz).
I hate law students...
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rejectmaster

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by rejectmaster » Tue Dec 07, 2010 9:06 pm
i haven't taken a real exam yet
but i keep confusing the hell out of myself doing practice ones.. need to step back and better organize my responses
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beach_terror

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by beach_terror » Tue Dec 07, 2010 9:09 pm
eandy wrote:BriaTharen wrote:beach_terror wrote:I wonder how many people who outline exclusively from the E&e's are going to fuck up some recent holdings.
Add Freer to that as well, and I am willing to lay down money that someone is going to forget that
Hertz Corp. v. Friend happened
and this is why I shelled out extra for 2009 Freer instead of 2005.
His hornbook? Civil Procedure Second Edition? Book is great, shoulda bought it instead of the E&E.
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Stanford4Me

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by Stanford4Me » Tue Dec 07, 2010 9:10 pm
Gamecubesupreme wrote:Contract is ridiculous.
You have a rule.
There are exceptions to the rule.
But there are also exceptions as to when those exceptions can apply.
Fuck this.
I love Contracts because of this. Sure it's annoying to keep track of the exceptions, but it seems more cut and dry to me than CivPro (which I don't really like). I've been tutoring a lot of people in Contracts and, in exchange, have been tutored in CivPro. Great exchange of benefits.
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eandy

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by eandy » Tue Dec 07, 2010 9:12 pm
beach_terror wrote:eandy wrote:BriaTharen wrote:beach_terror wrote:I wonder how many people who outline exclusively from the E&e's are going to fuck up some recent holdings.
Add Freer to that as well, and I am willing to lay down money that someone is going to forget that
Hertz Corp. v. Friend happened
and this is why I shelled out extra for 2009 Freer instead of 2005.
His hornbook? Civil Procedure Second Edition? Book is great, shoulda bought it instead of the E&E.
Yes. I looked at the 2005 one and noticed the headings in there were exactly the same as the ones in my professor's syllabus. Not surprising since they taught together for a while.
I spent around 60 dollars to get the 2009 one, but it was well worth it when some of the newer stuff came up. Plus, I won't have to feel bad about selling this one to a 1L next year. I got the E & E as well. It was worth its weight in gold for supplemental jurisdiction. That section alone was worth what I paid for it.
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beach_terror

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by beach_terror » Tue Dec 07, 2010 9:21 pm
eandy wrote:
Yes. I looked at the 2005 one and noticed the headings in there were exactly the same as the ones in my professor's syllabus. Not surprising since they taught together for a while.
I spent around 60 dollars to get the 2009 one, but it was well worth it when some of the newer stuff came up. Plus, I won't have to feel bad about selling this one to a 1L next year. I got the E & E as well. It was worth its weight in gold for supplemental jurisdiction. That section alone was worth what I paid for it.
Yeah, I bought both - but if I had to pick one I think his discussion on personal jurisdiction is amazing, and I understand the material so much better after reading it. My professor gave us a really tough/confusing hypo on PJ and the way I went about it apparently "exhibited a deep understanding off the material". Thank you Richard Freer, I owe you a high five.
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09042014

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by 09042014 » Tue Dec 07, 2010 9:48 pm
Holly Golightly wrote:mths wrote:
I hate law students...
+1
Worse than hipsters.
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dailygrind

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by dailygrind » Tue Dec 07, 2010 9:51 pm
i outlined every single civ pro case i think we were assigned today. before today, i think i'd only read about 60% of them. fuck you civ pro. i hate you with the burning fury of a thousand suns.
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JCougar

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by JCougar » Tue Dec 07, 2010 9:56 pm
Desert Fox wrote:Holly Golightly wrote:mths wrote:
I hate law students...
+1
Worse than hipsters.
...and if you're in Chicago, you've got your share.
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09042014

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by 09042014 » Tue Dec 07, 2010 9:57 pm
JCougar wrote:Desert Fox wrote:Holly Golightly wrote:mths wrote:
I hate law students...
+1
Worse than hipsters.
...and if you're in Chicago, you've got your share.
I'd rather face a zombee outbreak than walk through Wicker Park.
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skoobily doobily

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by skoobily doobily » Tue Dec 07, 2010 10:03 pm
Desert Fox wrote:Holly Golightly wrote:mths wrote:
I hate law students...
+1
Worse than hipsters.
What if both?
Seriously? What are you waiting for?
Now there's a charge.
Just kidding ... it's still FREE!
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