http://www.scribd.com/people/view/70926-rodneyhampton This a feed for documents on Scribd written by RodneyHampton 30 Sat, 16 Aug 2008 02:36:25 GMT Sat, 16 Aug 2008 02:36:25 GMT http://www.scribd.com/doc/4800194/equities-and-remedies EXAM: broad concepts and GR's EXAM: Put P in rightful position For intentional or wilful/reckless tort, P may have to decide between compensatory damages + punitives OR restitution + disgorgement. EXAM: understand terms (this is necessary for the bar anyway) and elements. Understand the tools available and whether they can be used as a shield, sword, or both. FOR OUR CLASS ONLY USE IRREPARABLE INJURY FOR INJUNCTIVE RELIEF. Most courts ignore irreparable injury requirement when looking at unjust enrichment to get to constructive trust, disgorgement of profits and equitable liens. HE'S LOOKING A Sat, 16 Aug 2008 02:36:25 GMT http://www.scribd.com/doc/4800194/equities-and-remedies http://www.scribd.com/doc/4800161/evidence Exam Notes 25 MC @ 3 pts = 75 pts MC is the hardest 19 essay transcript exam questions @ 4pts = 76 Total = 151 points EXAM: state all available arguments Old exams: transcript for essay portion 20-21 objections argue for and against citing rule and subsection. On EXAM: do evidence exam by ruling on transcript as the questions are raised. You'll have the full text of the rules in front of you on the exam FRE in appendix A, commentary in appendix B (almost authoritative) Syllabus on TWEN Lilly: Principles of Evidence (recommended hornbook) TWEN site: last section and section before (with answers Sat, 16 Aug 2008 02:35:00 GMT http://www.scribd.com/doc/4800161/evidence http://www.scribd.com/doc/2572780/crim-pro EXAM TIPS B- is his average grade for this class. 150 pts, 25 MC@3pts probably,28,27,20 for the 3 essays and 2 issues per question. He expects finished and complete answers. MATERIAL FROM WEEK 12 and 13 are ONLY USED FOR MC. 1MC for each of the subjects (mostly black letter rules) Old exams may be wrong b/c of evolution of law due to SCOTUS Facts are all important on Bretz's exam. There will be one confession issue. There will be a warrantless search or two No right answer on the essay What arguments can the D make to get evidence suppressed? what arguments can the P make? You must meet fire w Sat, 19 Apr 2008 03:44:04 GMT http://www.scribd.com/doc/2572780/crim-pro http://www.scribd.com/doc/2572779/civproII EXAM TIPS Exam will look like old Civ Pro II exams on the portal. There will be very few MC questions. Old exam answers may be wrong b/c of SCOTUS and changes in the FRCP. Review constantly and keep up with the reading b/c this class covers more court rules than Civ Pro I. OVERVIEW OF CIVIL PROCEDURE II Litigation = Dispute Resolution 1. Facts – heavily stressed Sherlock Holmes beats Oliver Wendall Holmes 2. Substantive law applied to the facts Procedural rules goal: air disputes completely to reach an accurate and just outcome; 2) end disputes even if the resting condition is less than optima Sat, 19 Apr 2008 03:43:56 GMT http://www.scribd.com/doc/2572779/civproII http://www.scribd.com/doc/906047/propertyI AVOID HICKS, HIGHEST SCORE NOT NECESARRILY AN A. Nice guy hard grader. Overview 1st part of course, core concepts that are the basis of all property law analysis 2nd part of the course focuses on estates and future interests. Own (more than one type of ownership intested). Important to understand what form of ownership a person has. 3rd part of semester: plain vanilla real estate transaction EXAM TIPS st ● 1 question: WHAT TYPE OF TITLE does that person have? nd ● 2 question: against whom is the P asserting their claim of title? Property law is about the rights to things...not the things t Fri, 14 Dec 2007 09:27:05 GMT http://www.scribd.com/doc/906047/propertyI http://www.scribd.com/doc/906045/crimlaw DON'T TAKE SIMMONS FOR CON LAW. B GRADE FOR BOOK AWARD. TAHVONEN FOR EVIDENCE IS OK PER MARK E. BRETZ's EXAM FOR CRIM PRO: 4th, 5th, and 6th amendment cases Bretz is a great guy in class but his EXAM WILL KILL YOU. USE ALL THE FACTS. curve – highest grade gets an A. 200 pts. Total, midterm is 20 pts. and final is 180 pts. Grade definitions tell us C is the average grade. Midterm 20MC = 10% of grade Final: 90 pts essay (2 or 3 of equal pt value) IN Homicide statute question, will include more statutes the right answer is in there + CL question + wacky statute question in descending order of i Fri, 14 Dec 2007 09:26:08 GMT http://www.scribd.com/doc/906045/crimlaw http://www.scribd.com/doc/906042/CivProI EXAM TIP: When and how cases/rules apply and why you apply. Doesn't care about rote memorization of rules and case names. FACTS are the most important thing. What facts, if different, would change the outcome of the case. All civ pro can be figured out through “the story” Notes after cases are used for exams Always look for the why. Why did the court decide why the way it did? Why do you use this rule? Why is it important? Why did you reach that conclusion? When do you apply a procedure or a rule? What is the factual scenario that triggers it? What fact if different would have changed the Fri, 14 Dec 2007 09:23:26 GMT http://www.scribd.com/doc/906042/CivProI http://www.scribd.com/doc/334416/rulebreakdown 143 127 122 96 83 75 65 62 60 59 55 49 48 35 32 30 26 25 25 25 24 20 19 18 16 15 15 13 11 11 10 9 8 8 7 7 7 6 5 5 4 4 3 3 2 2 1 1 1 1 8.4 1.7 1.6 1.5 3.3 1.4 1.16 1.8 1.9 1.2 1.15 3.4 1.1 1.11 7.3 1.3 3.8 7.1 4.2 1.13 5.1 3.1 5.3 4.1 3.5 5.2 1.10 8.1 8.3 3.6 1.18 1.17 7.2 3.2 5.5 1.0 5.4 8.2 3.7 2.1 7.5 1.12 4.4 7.4 6.2 2.3 6.1 5.7 4.3 2.2 * Thu, 27 Sep 2007 02:49:21 GMT http://www.scribd.com/doc/334416/rulebreakdown http://www.scribd.com/doc/334411/prof-resp-outline AUGUST 18th MAJOR RULES (90.39%) WON'T BE TESTED ON THE CODE OF JUDICIAL CONDUCT memorize rules memorize specific cases EXAM: MC same across all PR classes. look at Moore and Vestrand in the exam bank EXAM tip: state GR and exceptions IF they apply to the facts EXAM TIP: look at dates to see if lawyer's services were used in furtherance of the crime or fraud MC question: Do the MC at back of the book. EXAM TIP: “It is professional misconduct for a lawyer to violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts Thu, 27 Sep 2007 02:19:51 GMT http://www.scribd.com/doc/334411/prof-resp-outline http://www.scribd.com/doc/173866/torts Tort – a civil wrong other than breach of K for which the law provides a remedy. Civil Who is the P? Burden of proof Remedy preponderance make person whole Criminal State is P beyond reasonable doubt punish Modern tort law is usually about distinction between intention and negligence. Important b/c 1. No punitive damages if a neg. case 2. respondeat superior not imputed for intentional torts but is for neg. (meathooks case) 3. higher degree of responsility on intentional tortfeasor 4. If intential tort then no liability insurance coverage 5. Statute of limitations 6. Cause of action against Fri, 06 Jul 2007 00:43:33 GMT http://www.scribd.com/doc/173866/torts http://www.scribd.com/doc/173865/contracts Exam Tips Don’t fight the system You don’t have to know case names for the essay, but everything really IS on a curve, and if the essay has everything exactly right AND have the case names, memorize at least 10 or 15 cases out of the class If you can’t remember then do something like “hairy hand” case What they mean and how they apply Restatement or UCC numbers, don’t worry about knowing 2-207 will definitely know (and hate) will need to know 2-204, 2-206, 2-207: § 2-204 and § 2-206 deal with formation issues. If a contract is formed, § 2-207 is used to determine what the terms Fri, 06 Jul 2007 00:43:20 GMT http://www.scribd.com/doc/173865/contracts http://www.scribd.com/doc/173849/TII-OUTLINE 165 pts, 40mc @ 2pts, 40, 30 (traditionally people do worst), 15 Don't do 15pt first. If running out of time, do outline dump and he will give you something. Don't worry about typos or sentence structure can use acronyms like KRD. Single space ok. On MC products liability question do a quick run through of the 5 factors, it will help. DAMAGES Overview fault+injury=>damages ON EXAM ALWAYS LINK THE TORT TO THE DAMAGES WITH PROXIMATE CAUSE ALWAYS MENTION DAMAGES ON ESSAY BUT DON'T DO ANALYSIS UNLESS HE ASKS FOR IT. Damages for breach of duty or violation of some right on part of P; D must be harm Fri, 06 Jul 2007 00:33:54 GMT http://www.scribd.com/doc/173849/TII-OUTLINE http://www.scribd.com/doc/173844/KII ALL KII classes this term will have 50 MC questions. EXAM ANALYSIS (from PMBR) 1. Is this purported agreement governed by the common law or the UCC? Common law: land or an interest in land, rendition of personal services, sale of intangibles UCC: goods If UCC are either the seller or the buyer merchants? 2. Did the parties form an agreement 2 steps in defining agreement: 1) Setting the boundaries of the parties' agreement (including use of parol evidence rule) 2) Determination of the meaning of the parties' agreement. A word or phrase or paragraph or more may be ambiguous. Impact of ambiguity Fri, 06 Jul 2007 00:32:15 GMT http://www.scribd.com/doc/173844/KII