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Messages - Procedure

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21
Current Law Students / Re: Another reason why Bar/Bri is the devil
« on: July 20, 2008, 10:05:01 PM »
If anyone wanted more proof...

There are so many ridiculous questions that require you to make FACTUAL judgments. In the crim sets, I'll see a question in one set with certain facts, and the answer turns on those facts being reasonable. The next problem set, the same facts end up being unreasonable.  (and i'm not talking answer choices like, "Yes, IF A's belief was reasonable."  I'm talking, "Yes, BECAUSE'S A's belief was reasonable).  Typically, I do pretty poorly on the crim and torts sets for this very reason.  Without case law to compare it to, it's a crap shoot as to deciding the reasonableness of something.

I just did the set of *real* released crim law questions in the MPQ2 book.  Bar/Bri doesn't recommend doing those questions, because "they're not indicative of what you'll see on the real exam" or some crap like that.  I got 37 out of 39 right.  I'm not sure how old the questions are, but seeing as how 4 different Bar/Bri professors told us that the MBE cannot require a correct answer that turns on a factual determination (like reasonableness), I'm thinking the old released questions are MUCH closer to the real deal than Bar/Bri's wacky, subjective questions.

So again, thank you Bar/Bri for inciting so much completely unnecessary and avoidable panic.  I really, really appreciate it.  :P

Yeah, and I just did the property set from the previously released Qs and got my butt kicked.  I feel like I don't know anything at all. 

22
Black Law Students / Re: Post Your Interesting News Articles Here
« on: July 20, 2008, 02:58:19 PM »
On behalf of goaliechica -- though I would gladly take the credit if I could get away with it.

http://www.nytimes.com/2008/07/19/us/19exclude.html

July 19, 2008

American Exception
U.S. Is Alone in Rejecting All Evidence if Police Err
By ADAM LIPTAK



To me, this is scary. 

Illegal searches and seizures happen every day and that is with both civil remedies and the exclusionary.

Civil remedies are hardly a deterrent in the first place. Look up sovereign immunity and qualified immunity.



23
Current Law Students / Re: Bar Exam Study Thread
« on: July 20, 2008, 02:45:51 PM »
Has anyone finished the half-day exam in the MPQ2 book? If so, what are your thoughts on the difficulty level and whether or not this will be a good indication of what the actual MBE is going to look like? The percentage of questions I got correct on the half-day practice exam (77%) were far higher than any of my results on the previous simulated MBE (116/200) or problem sets (average between 8-11 correct per set).

To quantify...I felt like 50% of the questions were "gimmies", or otherwise very straightforward applications of the law. I felt like 30-35% of the questions were intermediate questions where two answers looked pretty good and the remaining questions were of the types we saw in problem sets 5&6. Judging by what the MBE workshop lecturer said about adding roughly 30 points to your score, I'm truly hoping that this is what the actual MBE is going to look like.

I haven't looked at the MBE in a week.  I'm focusing on the essays.  Anyone else?

24
Current Law Students / Re: Civ Pro Question
« on: July 20, 2008, 02:40:43 PM »
supplemental J is T&O but you cant force a P to implead a party you want to sue but don't have diversity with and assert a claim against them.

Yeah unless they are an indispensible third party

25
Current Law Students / Re: Civ Pro Question
« on: July 20, 2008, 02:37:47 PM »
I have a hypo that is bothering me.

 Let's say that X lives in SC and wants to sue (1) a SC company, (2) a GA company, and (3) a MN company.  Diversity jurisdiction is out per Strawbridge.  If one of the causes of action that X is going to use is a federal statute (along with other common-law state actions), then may X file in fed court under federal question?

Also, could X just file in state court even though part of his complaint will utilize federal statutes?  Thanks. 

X can bring fed q claims in fed court and add the other state law claims under supplemental jurisdiction if there they arrise from the same transaction or occurrence.  Supp j is discretionary and can be denied if the FQ is dismissed early in the proceeding, the state law is complex or state law issues would predominate.

State courts can rule on federal question claims but will be subject to fed review unless there is an adequate and independent state law ground.

Exactly what I was going to say. I felt all excited, because I just reviewed fed civ pro last night.  And here you are, beating me to it.  Way to ruin it for me.  :D  ;)

 :D  I got all excited too! haha! :)

26
Current Law Students / Re: Civ Pro Question
« on: July 19, 2008, 09:31:47 PM »
I have a hypo that is bothering me.

 Let's say that X lives in SC and wants to sue (1) a SC company, (2) a GA company, and (3) a MN company.  Diversity jurisdiction is out per Strawbridge.  If one of the causes of action that X is going to use is a federal statute (along with other common-law state actions), then may X file in fed court under federal question?

Also, could X just file in state court even though part of his complaint will utilize federal statutes?  Thanks. 

X can bring fed q claims in fed court and add the other state law claims under supplemental jurisdiction if there they arrise from the same transaction or occurrence.  Supp j is discretionary and can be denied if the FQ is dismissed early in the proceeding, the state law is complex or state law issues would predominate.

State courts can rule on federal question claims but will be subject to fed review unless there is an adequate and independent state law ground.

27
Current Law Students / Re: 9/11, WTC7
« on: July 19, 2008, 08:56:11 PM »

Nice work - however, this part of the diagram is not that clear what exactly means ..




Maybe I'm not being paranoid enough, but I don't think it means anything sinister.


So this diagram was part of some picture posted on this board?

I have no idea what that diagram means except that the administration uses 9-11 for every argument it can possible make.  Reminds me of something Orwell wrote about...

28
General Off-Topic Board / Re: why obama win
« on: July 19, 2008, 01:18:09 AM »
If the electorate choses McSame then they are stupider than I thought, which is saying a lot.

29
Law School Admissions / Re: Impact of majors assumed as "fluffy"
« on: July 18, 2008, 10:18:42 PM »
From reading all your posts, I'm just going to get my A's in classes, get a BA in sociology and try to get my LSAT up.

thanks.

edit_________-

all i wanted to know was if my "sociology" major will hurt my chances in admission. (I go to UVa btw).

Good idea.  Get A's and focus on the LSAT.  that's all you need.

30
Black Law Students / Re: Post Your Interesting News Articles Here
« on: July 18, 2008, 04:02:30 PM »
Dallas County officials spar over 'black hole' comment
5:34 PM Mon, Jul 07, 2008 | Permalink | Yahoo! Buzz
Kevin Krause   E-mail   News tips

A special meeting about Dallas County traffic tickets turned tense and bizarre this afternoon.

County commissioners were discussing problems with the central collections office that is used to process traffic ticket payments and handle other paperwork normally done by the JP Courts.

Commissioner Kenneth Mayfield, who is white, said it seemed that central collections "has become a black hole" because paperwork reportedly has become lost in the office.

Commissioner John Wiley Price, who is black, interrupted him with a loud "Excuse me!" He then corrected his colleague, saying the office has become a "white hole."

That prompted Judge Thomas Jones, who is black, to demand an apology from Mayfield for his racially insensitive analogy.

Mayfield shot back that it was a figure of speech and a science term. A black hole, according to Webster's, is perhaps "the invisible remains of a collapsed star, with an intense gravitational field from which neither light nor matter can escape."

Other county officials quickly interceded to break it up and get the meeting back on track. TV news cameras were rolling, after all.

http://cityhallblog.dallasnews.com/archives/2008/07/dallas-county-meeting-turns-ra.html

LMAO

Maybe they heard black a-hole

hahahaahahhaah

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