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Author Topic: Exile LSD: GD MrZilla Foxtrot Locked Me Out  (Read 1819725 times)

Thistle

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Re: Exile LSD: The Law School Years
« Reply #57580 on: February 12, 2010, 06:33:43 PM »
question:  when an appeal is perfected, but a statute says that the trial court retains jurisdiction, where does jurisdiction lie?

How do you mean?  Jurisdiction is cabined in subject matter.

typically the trial court is divested of jurisdiction after a final order is issued and an appeal is perfected.  however, if there is a rule or statute which says that in certain circumstances a trial court retains jurisdiction after a final order -- but makes no mention of appeals -- does the the trial court truly retain jurisdiction or must the appellate court remand in order to return jurisdiction?

my argument is that rule or statute trumps perfection of appeal, but i want to hear what others think before i file for reconsideration.....

No.  The trial court retains all sorts of jurisdiction by default.  In some cases, appellate courts even have to issue stays on execution of judgment.

Edit:  I posted this then saw Jules said exactly the same thing.  We're so cute together.


yes it does retain jurisdiction after a final order is issued, thats not the problem, its that the appeal has been perfected....if the appellate court has authority to issue a stay, then it is exercising its jurisdictional power....my argument is that it *lost* that power when my motion was filed.

i have not been able to find much state case law which supports my position, unfortunately; but there isnt much on the other side either.  :-\
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reez

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Re: Exile LSD: The Law School Years
« Reply #57581 on: February 13, 2010, 04:57:20 AM »
BTW Reez, I forgot to thank you for your explanation of Twombly at the end of last semester. SUPER helpful!!! Code and notice pleading was the subject of one of our essays and I totally referred to what you talked about for guidance.

Glad that my Twiqbal skillz were relevant to someone/anyone.  Every time somebody reads a draft of my Iqbal-related comment, their margin comments plain stop at about page 50.  Even civil procedure professors can't feign interest; that's how boring this area of law is.

yes it does retain jurisdiction after a final order is issued, thats not the problem, its that the appeal has been perfected....if the appellate court has authority to issue a stay, then it is exercising its jurisdictional power....my argument is that it *lost* that power when my motion was filed.

i have not been able to find much state case law which supports my position, unfortunately; but there isnt much on the other side either.  :-\

I see what you mean now.  It strikes me as unlikely that some slice of jurisdiction retained after perfection could be used to divest the appellate court of its general powers.  But this stuff isn't exactly my bailiwick, so I could be way off.  Hope you find the case you need.

Thistle

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Re: Exile LSD: The Law School Years
« Reply #57582 on: February 13, 2010, 09:52:44 AM »
BTW Reez, I forgot to thank you for your explanation of Twombly at the end of last semester. SUPER helpful!!! Code and notice pleading was the subject of one of our essays and I totally referred to what you talked about for guidance.

Glad that my Twiqbal skillz were relevant to someone/anyone.  Every time somebody reads a draft of my Iqbal-related comment, their margin comments plain stop at about page 50.  Even civil procedure professors can't feign interest; that's how boring this area of law is.

yes it does retain jurisdiction after a final order is issued, thats not the problem, its that the appeal has been perfected....if the appellate court has authority to issue a stay, then it is exercising its jurisdictional power....my argument is that it *lost* that power when my motion was filed.

i have not been able to find much state case law which supports my position, unfortunately; but there isnt much on the other side either.  :-\

I see what you mean now.  It strikes me as unlikely that some slice of jurisdiction retained after perfection could be used to divest the appellate court of its general powers.  But this stuff isn't exactly my bailiwick, so I could be way off.  Hope you find the case you need.

thanks.

ya know, even if i dont, its still billable hours.......   ;D
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Jamie Stringer

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Re: Exile LSD: The Law School Years
« Reply #57583 on: February 13, 2010, 01:45:23 PM »
Yo FP, what's up? It's been a while!
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Jamie Stringer

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Re: Exile LSD: The Law School Years
« Reply #57584 on: February 13, 2010, 07:47:59 PM »
Not much.  2nd Semester >>> 1st Semester.

How are things up north?

Ehhhh...my class schedule (in terms of early classes) doesn't suck much this semester and is infinitely better than last. However, I have to say that my classes don't really thrill me. Plus, no laptops in 3 of my 4 substantive classes so I have far less time to male private part around and amuse myself when bored.

Otherwise, things are OK here. Relieved to be done with the summer job hustle. Didn't fail out. So yeah, pretty good :)
Quote from: Tim Mitchell

F*cking bi+ch drinks a 1 oz bottle of goose and thinks she's French

reez

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Re: Exile LSD: The Law School Years
« Reply #57585 on: February 14, 2010, 04:48:54 PM »
I wouldn't be able to handle a laptop ban.  Even if it stopped me dicking around on the internet, I'd go crazy trying to write fast enough to keep up.

How has the 1L search been, generally?  I haven't heard anything.  Can't help that there are hordes of 2Ls applying for every random thing they can find.  Smart money is on y'all having a better OCI than we did, though; stuff's supposedly coming back fairly quick.

reez

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Re: Exile LSD: The Law School Years
« Reply #57586 on: February 14, 2010, 07:01:07 PM »
Personal connections/undergrad/diversity seem to be the biggest factors.

Yeah, sounds typical.  Though I'm surprised to hear any 1Ls snagged biglaw this year, at all.  Guess that's a good sign.

PM'd.

Jamie Stringer

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Re: Exile LSD: The Law School Years
« Reply #57587 on: February 15, 2010, 08:51:51 AM »
I wouldn't be able to handle a laptop ban.  Even if it stopped me dicking around on the internet, I'd go crazy trying to write fast enough to keep up.

How has the 1L search been, generally?  I haven't heard anything.  Can't help that there are hordes of 2Ls applying for every random thing they can find.  Smart money is on y'all having a better OCI than we did, though; stuff's supposedly coming back fairly quick.

Seems like 1L search has been very hit or miss for most people.  I know more than a handful of people with biglaw in major markets.  However, I also know people who have been unable to even get an interview with public interest places.  Personal connections/undergrad/diversity seem to be the biggest factors.

I'd agree with almost everything here. I'm sure I benefited from a combination of diversity + good grades. In the end, I had offers from a couple of firms, so I'm hoping that bodes well for OCI.

A lot of my classmates sent in materials before finals, so when we came back for our winter term, some came back with offers already locked down. I will say for those that I know who don't have jobs, it's because they either sent their materials in late January for the first time or only applied to a small number of places and really needed to apply more broadly. I will admit, it was a pain in the ass to apply to jobs in late December/early January and be told that they'd already filled their class with an "unprecedented" number of 2Ls :)
Quote from: Tim Mitchell

F*cking bi+ch drinks a 1 oz bottle of goose and thinks she's French

Pardon Johnny Cash.

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Re: Exile LSD: The Law School Years
« Reply #57588 on: February 15, 2010, 04:41:24 PM »
Today I got a Chicago style hot dog and requested spicy mustard.  It was loaded with spicy mustard....... And the standard yellow mustard.  Wouldn't most people assume that if you ask for a different type of mustard, that you're implicitly stating in lieu of - opposed to in addition?  ???  The taste of both mustards was quite strange.

Thistle

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Re: Exile LSD: The Law School Years
« Reply #57589 on: February 15, 2010, 05:38:22 PM »
Today I got a Chicago style hot dog and requested spicy mustard.  It was loaded with spicy mustard....... And the standard yellow mustard.  Wouldn't most people assume that if you ask for a different type of mustard, that you're implicitly stating in lieu of - opposed to in addition?  ???  The taste of both mustards was quite strange.



no, and i would have put every mustard i had on it for you, just to make sure.
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JD