I did a practice test today and used the LH as a supplement to my other argument for breach, partly just because I wanted to see if I was doing it right. I used it in a case where literally all D had to do was install a fence to prevent people from falling off this dangerous platform. Since the burden was so low, I mentioned that P could argue he breached the duty because of the low burden and the higher probability/loss (someone died from falling). He said that was a great use of it. Hope that helps.piccolittle wrote:Sooo... should I bother including the Hand formula in my torts outline? How would you ever use this thing on an exam - can anyone give an example? I officially think I hate Learned Hand and his stupid name.
Ahhh, nevermind - I should always run a search first. All good, I see some discussion on this already.
1L Exam Prep and Motivation Thread Forum
- ilovesf
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Re: 1L Exam Prep and Motivation Thread
- johansantana21
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Re: 1L Exam Prep and Motivation Thread
Direct opposite of my professor.
He said never use the hand formula on the exam.
He said never use the hand formula on the exam.
- ilovesf
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Re: 1L Exam Prep and Motivation Thread
Thanks I'll take the Q&A, half of my test next semester is multiple choiceExtension_Cord wrote:I will sell my Emanuels Outline (9780735578838) for $18 shipped via media mail (sells for 18 + 3.99 shipping on Amazon). Very good condition.Extension_Cord wrote:Emanuels on Constitutional Law is pretty decent. Q & A is ok if you have multiple choice questions.
I will sell my Q & A on Con Law (9781422417430) for $17, shipped via media mail (sells for 15 + 3.99 shipping on Amazon). Like New condition.
If you happen to be interested.
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Re: 1L Exam Prep and Motivation Thread
Crime as headers because you may have something about conspiracy come up and all the parties are co-conspirators. If you list it all under conspiracy, then you don't have to manually go through each crime one party did and spent extra time saying the other parties are guilty of the crime as well. I used a hybrid header approach for headers to help the prof keep track e.g. "A, B, and C guilty of conspiracy"Lasers wrote:for crim fact patterns what do you guys think is a better strategy on the exam: using crimes as the header and listing all the players under each crime; or using players as the header and listing all the crimes under each player?
i was thinking crimes as a header is good because it ensures you don't miss any potential crimes you can mention since you just list 'em all and then stick players under them, but players is also good because that way you don't forget mentioning any potential players...i don't know.
- Extension_Cord
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Re: 1L Exam Prep and Motivation Thread
I created a thread in the trade / sell / giveaway thread about the books I have. I will do one the three things listed in the forum title, I'll let you see for yourself which one.
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- ahduth
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Re: 1L Exam Prep and Motivation Thread
Haha. Hating people feels good until... it doesn't? I guess?FeelTheHeat wrote:shock259 wrote:My foam ear plugs are fucking amazing. They let me waltz into the exam, ignore everyone, type furiously without any distractions(I can't hear a damn thing with those things in), turn in my test, and leave without talking to anyone. They've done a number for my nerves. All of my exams have erupted into small talk, forced laugh, rehashing of the test, etc afterwards. I want no part in that crap. Just leave and start looking on to the next one.
Anyhow, I feel the test stress, I just played a retarded amount of video games, then passed out, and am waking up to taking a contracts practice exam. There's no proper way to give a thumbs up on this server, but here you go:
http://www.youtube.com/watch?v=MGr3cBuM8Zw
Bye!
- AlexanderSupertramp
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Re: 1L Exam Prep and Motivation Thread
I am so glad to not be studying for anything!!!!
I think Torts went really well yesterday. The multiples were about 200x more tricky than the ones on the midterm but I feel good about them especially since everyone thought they were tricky. My essay ended up at 14 pages- good thing we don't have a word limit. I found 7 possible torts, two of which were stretches so I didn't write the until I'd wrtitten about the definite ones and gone back over the multiples. For some reason proximate cause was tough to articulate even though I thought I had a good grasp on it. I think for one of them I ended up wrtiting something likel, "The causal connection must be cut off somewhere or people would be suing other people all over the place everytime traffic is backed up." Yeah, we had a traffic back up, and I did not write about false imprisonment but I totally thought about this thread when I saw it.
I think Torts went really well yesterday. The multiples were about 200x more tricky than the ones on the midterm but I feel good about them especially since everyone thought they were tricky. My essay ended up at 14 pages- good thing we don't have a word limit. I found 7 possible torts, two of which were stretches so I didn't write the until I'd wrtitten about the definite ones and gone back over the multiples. For some reason proximate cause was tough to articulate even though I thought I had a good grasp on it. I think for one of them I ended up wrtiting something likel, "The causal connection must be cut off somewhere or people would be suing other people all over the place everytime traffic is backed up." Yeah, we had a traffic back up, and I did not write about false imprisonment but I totally thought about this thread when I saw it.
- ph14
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Re: 1L Exam Prep and Motivation Thread
First exam tomorrow .
- AlexanderSupertramp
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Re: 1L Exam Prep and Motivation Thread
Good luck! Kill it!
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Re: 1L Exam Prep and Motivation Thread
You had an exam on Saturday?! That's terrrrrible.
And good luck ph. That's really late to be starting... I have my 3rd one tomorrow. Final one later in the week. Then I can get shitfaced and go skiing (although not in that order).
And good luck ph. That's really late to be starting... I have my 3rd one tomorrow. Final one later in the week. Then I can get shitfaced and go skiing (although not in that order).
- ilovesf
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Re: 1L Exam Prep and Motivation Thread
You've been studying so hard, you're gonna kill it!ph14 wrote:First exam tomorrow .
- piccolittle
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Re: 1L Exam Prep and Motivation Thread
Arghhhh I'm still not done with this outine... about halfway through and I keep questioning whether it's worth it to keep going or just quit now and read my class notes a bajillion times in the next two days. That's what I did for contracts and it worked out pretty well (I think), but since I've already put so much time into this thing I can't admit that it was wasted and quit making this outline. :/
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Re: 1L Exam Prep and Motivation Thread
In Int'l Shoe, did fact that process was served on an employee in the forum state have any impact on the case?
would it have made any impact if the person served in the forum was a director/owner of the company?
essentially I'm trying to discern if there are cases where simply serving a person high-enough up in the company has any impact on jurisdiction over the corporation they work for. In Burnham the distinction was that it was an individual who was served for a suit where he was a party, can that principle ever be extrapolated to an "agent" of a corporation?
would it have made any impact if the person served in the forum was a director/owner of the company?
essentially I'm trying to discern if there are cases where simply serving a person high-enough up in the company has any impact on jurisdiction over the corporation they work for. In Burnham the distinction was that it was an individual who was served for a suit where he was a party, can that principle ever be extrapolated to an "agent" of a corporation?
- sundance95
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Re: 1L Exam Prep and Motivation Thread
Burnham doesn't apply to corporations. Because most (I think maybe all) states require corporations that do business within them to have a designated agent in the state that will receive process, applying Burnham to corporations would result in corporations being subject to personal jurisdiction in every state.
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Re: 1L Exam Prep and Motivation Thread
awesome, thank you. that was my hunch but I didn't know the reasoning.sundance95 wrote:Burnham doesn't apply to corporations. Because most (I think maybe all) states require corporations that do business within them to have a designated agent in the state that will receive process, applying Burnham to corporations would result in corporations being subject to personal jurisdiction in every state.
- Hannibal
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Re: 1L Exam Prep and Motivation Thread
I remember reading that some courts actually do consider serving that agent to be a valid way to get general jurisdiction.sundance95 wrote:Burnham doesn't apply to corporations. Because most (I think maybe all) states require corporations that do business within them to have a designated agent in the state that will receive process, applying Burnham to corporations would result in corporations being subject to personal jurisdiction in every state.
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- LeDique
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Re: 1L Exam Prep and Motivation Thread
Then why are you even asking TLS about it? None of us had torts with your professor. You're taking your professors exam more than you're taking a torts exam. My professor got so hard over the Hand formula in class that I know I better include it every time it's remotely possible.johansantana21 wrote:Direct opposite of my professor.
He said never use the hand formula on the exam.
This was on my Civ Pro final and I missed it until the last 2 minutes. I couldn't remember if it was possible, but I thought it was too.Hannibal wrote:I remember reading that some courts actually do consider serving that agent to be a valid way to get general jurisdiction.sundance95 wrote:Burnham doesn't apply to corporations. Because most (I think maybe all) states require corporations that do business within them to have a designated agent in the state that will receive process, applying Burnham to corporations would result in corporations being subject to personal jurisdiction in every state.
- piccolittle
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Re: 1L Exam Prep and Motivation Thread
Uhh... I was the one who was asking. I just wondered if anyone planned to use it and/or what it was good for. Haven't seen an example of its application on an exam question.LeDique wrote:Then why are you even asking TLS about it? None of us had torts with your professor. You're taking your professors exam more than you're taking a torts exam. My professor got so hard over the Hand formula in class that I know I better include it every time it's remotely possible.johansantana21 wrote:Direct opposite of my professor.
He said never use the hand formula on the exam.
- PinkCow
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Re: 1L Exam Prep and Motivation Thread
GiggityLeDique wrote:Then why are you even asking TLS about it? None of us had torts with your professor. You're taking your professors exam more than you're taking a torts exam. My professor got so hard over the Hand formula in class that I know I better include it every time it's remotely possible.johansantana21 wrote:Direct opposite of my professor.
He said never use the hand formula on the exam.
This was on my Civ Pro final and I missed it until the last 2 minutes. I couldn't remember if it was possible, but I thought it was too.Hannibal wrote:I remember reading that some courts actually do consider serving that agent to be a valid way to get general jurisdiction.sundance95 wrote:Burnham doesn't apply to corporations. Because most (I think maybe all) states require corporations that do business within them to have a designated agent in the state that will receive process, applying Burnham to corporations would result in corporations being subject to personal jurisdiction in every state.
- Bildungsroman
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Re: 1L Exam Prep and Motivation Thread
Just found out my last final (3 hours, in class) will have a 3k word limit and four total questions. Thank God for word limits.
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- LeDique
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Re: 1L Exam Prep and Motivation Thread
Oh my bad then, ignore me.piccolittle wrote:Uhh... I was the one who was asking. I just wondered if anyone planned to use it and/or what it was good for. Haven't seen an example of its application on an exam question.LeDique wrote:Then why are you even asking TLS about it? None of us had torts with your professor. You're taking your professors exam more than you're taking a torts exam. My professor got so hard over the Hand formula in class that I know I better include it every time it's remotely possible.johansantana21 wrote:Direct opposite of my professor.
He said never use the hand formula on the exam.
- Michaela
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Re: 1L Exam Prep and Motivation Thread
Any tips for how to write a closed-book civ pro essay? My prof fucking loves long-arm statutes and personal jurisdiction and I'm having a hard time trying to remember everything I'd need to include.
Last edited by Michaela on Sun Dec 11, 2011 1:48 pm, edited 1 time in total.
- Michaela
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Re: 1L Exam Prep and Motivation Thread
I figured as much, I just didn't know if there was some PJ question exam outline floating around out there somewhere that I haven't been able to find.acrossthelake wrote:I'm not sure there's much besides...memorizing it.Michaela wrote:Any tips for how to write a closed-book civ pro essay? My prof fucking loves long-arm statutes and personal jurisdiction and I'm having a hard time trying to remember everything I'd need to improve.
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