1L Exam Prep and Motivation Thread Forum

[reasonable troll]

Civil Procedure Question.

Can a defendant avoid answering a complaint by asserting an affirmative defense? I know that filing a motion is considered not answering the complaint, but is asserting an affirmitive defense also considered not answering a complaint?

Thanks!!!

Affirmative defenses are covered under 8(c). You have to assert them in your response, which should include denials. If you just assert your affirmative defense without making denials, 8(b)(6) says that you admit whatever P has asserted in the complaint.

Verification from Civ Pro ace?

[MrPapagiorgio]

Civil Procedure Question.

Can a defendant avoid answering a complaint by asserting an affirmative defense? I know that filing a motion is considered not answering the complaint, but is asserting an affirmitive defense also considered not answering a complaint?

Thanks!!!

Affirmative defenses are covered under 8(c). You have to assert them in your response, which should include denials. If you just assert your affirmative defense without making denials, 8(b)(6) says that you admit whatever P has asserted in the complaint.

Verification from Civ Pro ace?

Verified. You need to answer with denials and any affirmative defenses you wish to raise. I suppose in the real world a judge could see what you intended, and give you another opportunity to answer (not sure how likely that is though). However, failure to answer in the manner your question suggests could also lead to a default judgment.

[Eugenie Danglars]

Civil Procedure Question.

Can a defendant avoid answering a complaint by asserting an affirmative defense? I know that filing a motion is considered not answering the complaint, but is asserting an affirmitive defense also considered not answering a complaint?

Thanks!!!

Affirmative defenses are covered under 8(c). You have to assert them in your response, which should include denials. If you just assert your affirmative defense without making denials, 8(b)(6) says that you admit whatever P has asserted in the complaint.

Verification from Civ Pro ace?

Concur. You also have to be specific and answer each allegation. According to my prof, failure to do this is one of the most common rookie mistakes (because people end up de facto admitting important stuff and/or they issue a general denial when they know one part of the claim to be true).

[Eugenie Danglars]

Property Q: Is there a duty to return lost personal property if you know whose it is? I know a lot of places have statutes for this, but is it a general common law rule?

[LSATmakesMeNeurotic]

Is there a rationale as to why 1367(b) takes away jxn over parties joined by rule 14, 19, 20, and 24?

[Eugenie Danglars]

Is there a rationale as to why 1367(b) takes away jxn over parties joined by rule 14, 19, 20, and 24?

Not sure, but I think it has to do with the destruction of complete diversity.

[alicrimson]

Dang it. Went outside the bounds of directions for one of my con law questions. Hoping that it doesn't completely screw the test. Feeling pretty bad about it and really hoping I'm not the lone C because of my error in judgment. So much for grading onto cocurriculars....

[merc280]

I showed my professor my Con Law outline and apparently I don't have nearly enough detail as I should have. Good news is test is next Monday. Bad news is that I've been writing a few of my classes outlines in notepad and my computer crashed last night without having saved the files. Started the outlines over, but I guess it helps since I go through everything twice with a thin comb.

[angrybird]

speaking of con law, i didn't really pay attention much this year. does any pre-Rehnquist commerce clause stuff still matter?

[bartleby]

speaking of con law, i didn't really pay attention much this year. does any pre-Rehnquist commerce clause stuff still matter?

i think gibbons for sure u still have to mention (only saying this because this is the only case i remember) - intercourse can be pretty broad right

[merc280]

speaking of con law, i didn't really pay attention much this year. does any pre-Rehnquist commerce clause stuff still matter?

Our professor also said that he would change nitpicky things in the M/C like amendments and article numbers.

Is it strange for me to think creating outlines this late in the game, with my first final Monday is going to help or is creating it actually going to have the possibility of understanding the material better.

[MrPapagiorgio]

Is there a rationale as to why 1367(b) takes away jxn over parties joined by rule 14, 19, 20, and 24?

Not sure, but I think it has to do with the destruction of complete diversity.

I think my prof mentioned something about avoiding strategic naming of defendants (like naming one defendant because you know he will implead another party that the plaintiff wanted to name but couldn't have joined himself).

[Extension_Cord]

speaking of con law, i didn't really pay attention much this year. does any pre-Rehnquist commerce clause stuff still matter?

My con law final gave me a scenario where I had to evaluate the effects of the commerce clause from three seperate periods, with emphasis on the most recent. It was BS.

[angrybird]

speaking of con law, i didn't really pay attention much this year. does any pre-Rehnquist commerce clause stuff still matter?

My con law final gave me a scenario where I had to evaluate the effects of the commerce clause from three seperate periods, with emphasis on the most recent. It was BS.

well fuck me. guess it's going in the outline, then.

[merc280]

As Im starting and hoping to finish this Contracts outline, I can't help but think it might be too late to learn this information by making an outline and then studying it. Seems to be I'd be better off just constantly re-reading the handouts that give an over view of the subject and to just start doing practice exams.

Can't help but wondering what my classmates are doing that finished their outlines during spring break.

[angrybird]

As Im starting and hoping to finish this Contracts outline, I can't help but think it might be too late to learn this information by making an outline and then studying it. Seems to be I'd be better off just constantly re-reading the handouts that give an over view of the subject and to just start doing practice exams.

Can't help but wondering what my classmates are doing that finished their outlines during spring break.

i do my outlines in the 2-3 days before each exam. i also don't do many practice exams. different strokes and whatnot.

[ilovesf]

speaking of con law, i didn't really pay attention much this year. does any pre-Rehnquist commerce clause stuff still matter?

I think its different for every prof. Ours said its useful in case we get a fact pattern that directly mirrors one or to note the origins of the current doctrine, like talking about Wickard when we talk about the cumulative effects that's mentioned in both of the dissents in Lopez & Morrison and not really used in those cases, but is used in Raich.

[merc280]

As Im starting and hoping to finish this Contracts outline, I can't help but think it might be too late to learn this information by making an outline and then studying it. Seems to be I'd be better off just constantly re-reading the handouts that give an over view of the subject and to just start doing practice exams.

Can't help but wondering what my classmates are doing that finished their outlines during spring break.

i do my outlines in the 2-3 days before each exam. i also don't do many practice exams. different strokes and whatnot.

Makes me think all hope might not be lost just yet. Hypothetical I should be able to finish 2 outlines tonight and then just study for the final I have monday.

[ilovesf]

As Im starting and hoping to finish this Contracts outline, I can't help but think it might be too late to learn this information by making an outline and then studying it. Seems to be I'd be better off just constantly re-reading the handouts that give an over view of the subject and to just start doing practice exams.

Can't help but wondering what my classmates are doing that finished their outlines during spring break.

memorize, pt, ask the professor questions about the pt. I have never ever finished my outlines anywhere near that early, in fact I started my first outline over spring break, but I'm pretty sure that's what they do.

[crossarmant]

Property Q: Is there a duty to return lost personal property if you know whose it is? I know a lot of places have statutes for this, but is it a general common law rule?

Yes.

[Lasers]

not studying too much today for my contracts exam tomorrow.

i'm thinking just light review and refresher is enough. it's not because i'm confident, it's because i'm certain anything more is futile at this point.

[gdane]

Last year our professor had a commerce clause fact pattern and then asked something like "It is 1936, how would the court rule on this case?"

He also told us to keep in mind the old economic substantive due process cases, even though many of them have been overruled.

In other words, I literally have to memorize everything. Or at least have a broad idea of old/bad law and good law.

[ilovesf]

not studying too much today for my contracts exam tomorrow.

i'm thinking just light review and refresher is enough. it's not because i'm confident, it's because i'm certain anything more is futile at this point.

I'm not really studying. I think doing it extensively the night before the exam just ends up stressing you out and putting you on edge. I'm just going to print my outline and read it once, take an ibprofen pm, and try to fall asleep at 9:30.

[BlueDiamond]

Decided that all I want is B's.. all I need for that is top 85% in each class.. however, ive done nothing all semester because I hate law school.. looking for someone to list the 5 most important topics in con law, crim, and civ pro.. thanks

[merc280]

my laptops AC adapter died today, and lately its been crashing alot. Hope it makes it past finals.