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Messages - 4DClaw

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61
Current Law Students / Re: Pennoyer v. Neff (U.S. Supreme Court)
« on: August 23, 2006, 05:50:19 AM »
I think in rem/quasi in rem jurisdiction is possible whenever the defendant has any property in the state, regardless of where the defendant is a resident or present in the state. But the big limitation is that any judgment against the defendant is limited to that property (i.e.-no personal liability, as is the case with in personam jurisdiction).

In terms of the kidnapping hypo, I'm pretty sure that for process to be served, B must be in the state willfully. Still, process is valid even if B steps 10 feet into the state for 30 minutes, B can be served. Additionally, B could be served outside of the state if he meets the standards of the 14th amendment and the state's long-arm statute.

Just read the case this morning. Not a very fun time! Here are a few initial thoughts:
- Main point: States only have jurisdiction over people and property that are within their borders
- For in personam personal jurisdiction, process most be served to someone who either is a resident of the state or present within the state at the time of service
- For in rem or quasi in rem jurisdiction, the property must be attached at the outset of the case

What determines in rem jurisdiction?

What if A kidnapped B in order to bring them back to the state of incidence, where B is then served process?

62
Current Law Students / Re: Pennoyer v. Neff (U.S. Supreme Court)
« on: August 22, 2006, 07:14:27 AM »
I've read a few of the cases after Pennoyer, and they aren't nearly as bad. International Shoe is almost written in English!

63
Current Law Students / Re: Pennoyer v. Neff (U.S. Supreme Court)
« on: August 21, 2006, 11:37:38 AM »
Yeah - the in rem stuff is the actual holding. But the points about personal jurisdiction have the broader implications in terms of precedent. But what do I know - I just started!

Just read the case this morning. Not a very fun time! Here are a few initial thoughts:
- Main point: States only have jurisdiction over people and property that are within their borders
- For in personam personal jurisdiction, process most be served to someone who either is a resident of the state or present within the state at the time of service
- For in rem or quasi in rem jurisdiction, the property must be attached at the outset of the case

I thought the main point for affirming was that the property needs to be attached. Although the personal jurisdiction dicta is the more important precedent. 

no?

Also, If I remember correctly, the 14th Amendment was not ratified at the time of the first lawsuit.



64
Current Law Students / Re: Pennoyer v. Neff (U.S. Supreme Court)
« on: August 20, 2006, 05:48:19 PM »
Just read the case this morning. Not a very fun time! Here are a few initial thoughts:
- Main point: States only have jurisdiction over people and property that are within their borders
- For in personam personal jurisdiction, process most be served to someone who either is a resident of the state or present within the state at the time of service
- For in rem or quasi in rem jurisdiction, the property must be attached at the outset of the case

65
Current Law Students / Re: For those who used AdmissionsConsultants
« on: August 16, 2006, 11:52:14 AM »
Just buy the Anna Ivey book. It has all the information you'll ever need, and it's a fraction of the price.

66
Current Law Students / Re: Adderall-Law school finals/studying
« on: August 14, 2006, 07:28:40 AM »
In undergrad I took gingko biloba before each final. It's always helped me concentrate and stay energized throughout a long and boring exam. It may be a placebo effect, but it works for me.

67
Current Law Students / Re: eCasebriefs.com
« on: August 07, 2006, 12:51:16 PM »
4lawschool.com has a bunch of free briefs. But be careful with that, because different casebooks include different portions of the case. If you rely on a brief not keyed to your casebook, you might not have the answers to the prof's questions during class. It doesn't affect your grade, but it might not be the most comfortable situation (depending on your professor, of course).

68
Current Law Students / Re: Opinions on Microsoft's OneNote
« on: July 23, 2006, 04:38:46 PM »
When you say he's Chinese, do you mean that he lives in China? If so, I'd avoid making such purchasing. Software counterfeiting is rampant there. And it's easy to forge positive eBay feedback.

I just bought a version off of Ebay for $21.00, which is the first time I've ever bought a program off Ebay. The guy was Chinese and stated that the only thing missing from the package was the flip top from the box. The feedback seemed legit, but I'm still a bit uneasy.

Oh well, what's done is done. I just hope it works and I get it in time to play with it before classes start.

69
Your first post was two words long. It was not clear. And your second and third posts were just as uninformed. Additionally, since when is it excusable to make broad generalizations about huge groups of people based on what you heard? It's bad enough to generalize based on what you experienced. But you never even attended law classes with part-time students.

My post was an overbroad generalization and it is a negative. However, correct me if I'm wrong, the original poster asked for all negative aspects of attending law school at night that one may have heard or experienced. I think may post make clear I was speaking of what I heard and experienced. The difference in the type of student who generally attends night school v. the type of student who attends day school may, to some, be a negative. That is not a personal attack on those attending school at night, but a fact that one must consider. The other posters made clear the difference. Someone in an evening program is going to spend a lot of time what a smaller group of students, so it harder to ignore your classmates and study with someone else. The type of classmates may be a factor in deciding which program to pursue, hence the comment. I'm not the one who took this to name calling and acting like an internet tough guy.

On the topic of overbroad generalizations, I have an Affirmative Action Admit kegger to attend, I think they are handing out Aston Martins at this one, so I really must run...


70
So are you saying that this guy doesn't even go to law school with part-timers? I could care less about the affirmative action issue - that's another topic. But I assumed he actually had some classes with part-timers on which he based his overly broad assumptions.

The students.


Hey there ballbag, at least a good portion of the night students have already proved themselves in the "real" world and many are sucessful in there careers but just looking for the edge that a law degree can give them. The same could be said for Day STudents because there are quite a few that have done nothing but attend school for the past 22 years. In hiring someone fresh out of law school, most employers would love to see some actual work experience instead of a professional student.

Thanks for proving my point. I went through night school throughout undergrad, and I personally know quite a few in law school now. Generally speaking, they all lack the capacity to carry on a conversation without boring the class with there "at my job we do it this way..., that not what its like in the real world..., ohhh the how hard I have it..." stories, as if they on a monopoly on adversity in life. Guess what, no wants to hear your life story every week.

The fact that you have all sorts of real world experience that employers are going to drool over is great, but do me a favor an keep it to your self. If someone were to go around telling everyone that employers are going to love them because they are on law review and or the top ten percent of their class, you would think they are a feminine hygiene product.

Likewise, telling everyone how much money you are making during law school, maxing out your 401(k) and what have you, is about as cool as a trust fund baby bragging about his new 500 CLK. It may you feel good to hear yourself, but everyone else wants to puke. Be proud of you accomplishments, and shut up. 

Moreover, you can be proud of the fact that you raise a family, and work, and go to law school, but keep it to yourself. Everyone has their own problems they need to deal with, be it work, a sick family member, or who knows what. Everyone has problems; most people just don't have the need to tell people everyday.

I know there are people like this in day sections too, it just seems for concentrated and visible at night school.

On a more practical note, the differing schedules for night students out side of school makes it hard to coordinate study time and stuff. (hence my ballbag worthy comment “the students” being the problem). Also, office hours for profs are usually by appointment at night, so you can’t just drop in.

As far as classes, at my brother’s school, the day students usually make up about have the evening classes, because they always offer the major electives at night.

Generally, stuff like career services and the registrar only have one night a week they are open late, which can be a pain.


Some bold statements from an Affirmative Action Admit that slid into the best schools by the skin of his balls, literally....

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