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Messages - AynRand

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General Board / Re: Civ Pro Hypo - Please help!
« on: January 23, 2012, 07:07:22 PM »
wait... so what is the answer ?

I'm pretty sure it was the answer I thought it was, after getting my exam grade back.

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General Board / Re: Civ Pro Hypo - Please help!
« on: January 02, 2012, 06:02:19 PM »
Thanks for your help, guys - very much appreciated!

I apologize for the holes in the facts...I'm doing this from memory because we had to turn back in the fact pattern from the exam. Basically if I read it right the big thing was that there was no diversity on the counterclaim b/c of a diversity spoiler, so you had to look at other potential methods of SMJ.

Thanks again, especially to Julie.

LOL. What a total head-scratcher. This whole forum owes Julie a standing ovation for posting some of the most puzzling time wasters in the annals of internet trolls.

Ayn, since you did not have complete diversity between all of the plaintiffs and the defendant, the only way you would have gotten the counterclaim in would be to find that the district court had original jx in the first place under a federal question. If you established that the issue was in fact a federal question, and the counterclaim was so related to the main claim as to form a part of the same claim, then the court would have SMJ over the counterclaim.

Perfect. That was the line of reasoning I pursued in my answer, so you've helped to set my mind at ease (at  least until grades come out). Cheers!

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General Board / Re: Civ Pro Hypo - Please help!
« on: January 02, 2012, 10:52:15 AM »
Thanks for your help, guys - very much appreciated!

I apologize for the holes in the facts...I'm doing this from memory because we had to turn back in the fact pattern from the exam. Basically if I read it right the big thing was that there was no diversity on the counterclaim b/c of a diversity spoiler, so you had to look at other potential methods of SMJ.

Thanks again, especially to Julie.

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General Board / Re: Civ Pro Hypo - Please help!
« on: December 30, 2011, 05:41:10 PM »
You're right - the facts I gave were incomplete. D is from IL - thus, (as I see it), diversity doesn't provide grounds for jurisdiction since there is a diversity spoiler. So (I think) it falls to federal question jurisdiction to provide a case for ABC to get their original claim into federal court.

From there, I analyzed whether the federal question was substantial enough to merit 1331 jurisdiction. Then (again, I think), assuming jurisdiction was cool over the first, I analyzed whether the counterclaim was compulsory; the way I see it, if it's compulsory, then there's jurisdiction (supplemental), and if not, then no jurisdiction.

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General Board / Re: Civ Pro Hypo - Please help!
« on: December 29, 2011, 11:46:16 AM »
Thanks for your help. Anyone else?

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General Board / Civ Pro Hypo - Please help!
« on: December 29, 2011, 09:41:39 AM »
So, I took my Civ Pro exam a few weeks ago, and I just. can't. let. it. go.  I know, I know - don't think about exams after they're done...I'm well aware of that mantra; however, one question is just sticking with me, and I feel like my exam probably hinges on it because the other questions were pretty straightforward, so this is going to be the one that separates the class. If you feel like flexing your Civ Pro muscle, take a look at the below.

OK, basically the problem is this: A (from NY), B (from NY), and C (from IL) sue D in NY federal court. The cause of action is state law, but in order to make the state claim, they're going to rely on federal law regarding what can and can't be sold between states. D then countersues both A, B, and C together (purely a state law matter) and A individually (for an amount that exceeds $75k). Does the federal court have subject-matter jurisdiction over D's claims?

I thought and thought about this one, and basically what I came up with was this:
-D's claim against A alone is fine in federal court due to diversity. Fairly straightforward (correct me if I'm wrong here).
-D's claim against ABC together hinges on a couple things (since no subject matter jurisdiction can be had either by 1331 (federal question) or 1332 (diversity)):
     -D's claim must be a compulsory counterclaim under Rule 13.
     -If it is compulsory, and there is SMJ over the original claim by ABC against D, then there is automatically supplemental jurisdiction over the counterclaim
     -Thus, the analysis I did was two parts: first, is there federal SMJ over the original claim by ABC (b/c of federal ingredients), and second, is the counterclaim compulsory?
     -If yes to both, then SMJ over the counterclaim; if no to either, no SMJ

Any thoughts on other ways SMJ could work? I've considered this for a while and can't come up with any other potential reasons that SMJ is proper on the counterclaim by D against ABC.

Help!

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Where should I go next fall? / Re: Am I Wasting Time/Money Applying Now?
« on: December 30, 2009, 10:38:59 AM »
Thanks for the insight, everyone. To settle some debate on my intentions, I have nothing against Cornell/Georgetown, and will likely apply there as well as a few schools outside the top 14; I said top 14 just to give a ballpark of the schools I'm looking at. Money will be an important component of my decision.

And this post isn't a flame or an ego boost...just an embarassing display of ignorance that was called out.

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Where should I go next fall? / Am I Wasting Time/Money Applying Now?
« on: December 24, 2009, 08:24:29 AM »
I'm in need of some pretty quick advice, for reasons that will quickly become apparent...

I understand that it is highly beneficial to apply to law schools as early as possible (October/November seems to be the consensus), and my original plan was to wait until next cycle and then apply in those months listed. However, I've had a couple of things happen at work recently that are leading me to wish that I had applied this cycle.

I have accumulated my rec letters already, and they are sitting in wait in LSDAS; transcripts are in LSDAS as well..would just need to put together a personal statement, which, as motivated as I feel right now because of my loathing for work, I think I could do reasonably quickly.

My numbers are 172/4.0 (4.19 LSAC). The schools I would like to apply to are basically the top 14, perhaps minus the top 3 since I doubt whether I'd have a shot at admission there and would probably just be throwing away a couple hundred bucks in admissions fees.

Have I missed the boat this cycle for admission and/or scholarship dollars if I got apps out in, say, the first week of January?

Thanks.

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Where should I go next fall? / Re: Several questions from a n00b..
« on: October 05, 2009, 11:01:34 AM »
So, I just realized the the LSDAS recalculates your GPA to account for the difference between A's and A-pluses...my LSDAS GPA is 4.19. Will that make any difference in my chances, or do law schools pretty much look at anything above a 4.0 as all the same?

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Acceptances / Re: Avoid Tier 3/4, and 5 Law Schools- End of a Golden Era!
« on: September 28, 2009, 02:13:20 PM »
So 150,000 times .07 equals 10,500 thousand dollars in interest alone per year.  You are paying $10,500 a year alone in the first year(the next year will not be much less), but to actually put a dent in your loan you will have to double or triple the interest, so we will say about 25,000 a year to be safe! You will be paying 25,000 in net liquid cash to the banks who loaned you the money and are most likely laughing at your foolish decision!


^That's not how loan repayment works, unless you somehow got an interest-only loan (which I believe subsidized student loans are until graduation). The monthly payment is more than (Int. rate)(Principal Amt)/12. Principal deduction is added into every payment, and as you get closer to the end of your term, the less each payment goes to interest, and the more it goes to paying down to your principal.

I'm not, however, commenting on whether or not going to a lower-tiered school is in fact a good value...just providing some more information about how loans work.

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