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What's the most difficult concept in Law?
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Poast new message in this thread
Date: December 25th, 2020 5:04 PM Author: Vibrant stain regret (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41615798) |
Date: December 25th, 2020 5:04 PM Author: Disturbing cuckold office the business of law (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41615802) |
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Date: December 25th, 2020 5:06 PM Author: charismatic rusted library Erie doctrine? rule in perpetuity? Lgbtqyt? (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41615804) |
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Date: December 25th, 2020 7:55 PM Author: ungodly swollen place of business stage Erie doctrine ez. At a certain point it just becomes pothead philosophizing where there really isn't a wrong answer depending on which camp you fall in. (i.e. Ginsburg v. Scalia) (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41616338) |
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Date: December 26th, 2020 1:41 PM Author: charismatic rusted library law bro on erie say this is all flame and stopped lawing to open a flower shop. Always thought that was hilarious. (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41619035) |
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Date: December 26th, 2020 2:40 PM Author: ungodly swollen place of business stage He’s not wrong lmao (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41619314) |
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Date: December 25th, 2020 5:08 PM Author: Khaki field son of senegal partnership tax (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41615812) |
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Date: December 25th, 2020 5:23 PM Author: ebony useless brakes this (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41615863) |
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Date: December 25th, 2020 7:09 PM Author: elite heaven nowag (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41616163) |
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Date: December 25th, 2020 7:09 PM Author: White violent dog poop that's not a concept but an area (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41616165) |
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Date: December 26th, 2020 3:56 PM Author: trip scarlet filthpig digit ratio (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41619646) |
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Date: December 25th, 2020 7:10 PM Author: Aromatic Legal Warrant (Guy who hasn't read the LOGIC of subchapter K) (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41616167) |
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Date: December 26th, 2020 3:55 PM Author: drab school (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41619635) |
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Date: December 26th, 2020 6:45 PM Author: provocative outnumbered stag film cr. got an A and still have no clue. (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41620503) |
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Date: December 25th, 2020 5:09 PM Author: submissive blue sandwich temple Tranny bathroom doctrine/BLM stuff (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41615817) |
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Date: December 25th, 2020 5:11 PM Author: hyperactive slate pozpig (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41615823) |
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Date: December 25th, 2020 5:12 PM Author: very tactful jet theater stage cumskin The thing where it's okay for libs to devise Laws that contradict the constitution like Roe v Wade. (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41615828) |
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Date: December 26th, 2020 3:18 PM Author: contagious casino bbw The retarded thing is that they took this rule, crammed it into the 1st amendment, then SHIT on the 1st amendment for everything else. (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41619493) |
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Date: December 25th, 2020 5:24 PM Author: Buff Public Bath Hart/Dworkin debate (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41615866) |
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Date: December 25th, 2020 5:26 PM Author: Cordovan fragrant principal's office Why you became a lawyer in the first place. (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41615874) |
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Date: December 25th, 2020 5:29 PM Author: Glittery Range Azn (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41615886) |
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Date: December 25th, 2020 5:27 PM Author: Wine spectacular corn cake ERISA? (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41615879) |
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Date: December 25th, 2020 7:10 PM Author: Chestnut awkward dilemma rigor Attractive nuisance (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41616170) |
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Date: December 25th, 2020 7:11 PM Author: Ultramarine Alpha Adverse Possession (rape rape) (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41616172) |
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Date: December 25th, 2020 7:16 PM Author: Autistic Puce Gaping Nibblets Recording statutes (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41616188) |
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Date: December 25th, 2020 7:21 PM Author: ruby multi-colored institution half-breed Chevron deference (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41616203) |
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Date: December 26th, 2020 1:31 PM Author: Marvelous Carmine Station *it is opposite day* (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41619002) |
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Date: December 25th, 2020 7:22 PM Author: Aromatic Legal Warrant Reg S (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41616208) |
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Date: December 25th, 2020 7:26 PM Author: cerise floppy newt really tough guy How CSLG makes $10 mil a year (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41616226) |
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Date: December 25th, 2020 7:29 PM Author: hyperactive slate pozpig (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41616243) |
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Date: December 25th, 2020 7:32 PM Author: Ultramarine Alpha Penumbras (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41616252) |
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Date: December 25th, 2020 7:45 PM Author: Autistic Puce Gaping Nibblets Dignity (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41616298) |
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Date: December 25th, 2020 7:32 PM Author: dashing hissy fit gay wizard Venue shopping and kickbacks (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41616253) |
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Date: December 25th, 2020 7:34 PM Author: Black metal roast beef pure legal shit? harder to figure out the rule against perpetuities than anything else i've encountered in law, beyond the facts of many cases (which can be much harder or impossible to grasp well) (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41616255) |
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Date: December 25th, 2020 7:50 PM Author: Hairraiser chocolate ratface depressive (Idiot) (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41616323) |
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Date: December 25th, 2020 10:24 PM Author: narrow-minded bearded weed whacker I hear you on the facts. The scale of modern cases is sometimes so great that you have to invest a tremendous amount of time to understand what is going on. (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41616854) |
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Date: December 26th, 2020 1:00 PM Author: Amber set love of her life second the rule against perpetuities (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41618830) |
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Date: December 25th, 2020 7:34 PM Author: Ultramarine Alpha I still don't understand all the hearsay rules (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41616257) |
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Date: December 25th, 2020 7:50 PM Author: Hairraiser chocolate ratface depressive (Idiot) (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41616321) |
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Date: December 25th, 2020 7:48 PM Author: Hairraiser chocolate ratface depressive Section 101 in patent law, mostly because it makes no sense and cannot be applied consistently. (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41616313) |
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Date: December 25th, 2020 8:33 PM Author: Black metal roast beef (retard) (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41616431) |
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Date: December 26th, 2020 1:29 PM Author: Marvelous Carmine Station IP litigator here. It's not so much that 101 is conceptually difficult, it's more that it's malleable, made-up bullshit. The outcome of a MTD or MSJ under 101 is 100% dependent on the judge. (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41618996) |
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Date: December 26th, 2020 1:37 PM Author: galvanic alcoholic meetinghouse fortuitous meteor Ty for the clarification. Then I vote this 101 is dumb, but not difficult (as it cannot be "solved") (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41619024) |
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Date: December 26th, 2020 1:41 PM Author: Zombie-like keepsake machete church building One thing I loved about the E.D. Tex. --> Fed. Cir. pipeline was the willingness of every judge along the way to completely flout SCOTUS precedent on shit like PSM. (And obviousness, but Teleflex was a little before my time, such that I didn't get to observe that instance of the lower courts briefly lurching to the anti-patentee direction only to quickly return to their previous equilibrium.) (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41619036) |
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Date: December 26th, 2020 4:31 PM Author: violet passionate goyim native Doctrine of equivalents also seems to fall into this category. (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41619796) |
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Date: December 26th, 2020 6:54 PM Author: Disturbing cuckold office (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41620567) |
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Date: December 26th, 2020 10:02 PM Author: Marvelous Carmine Station (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41621530) |
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Date: December 27th, 2020 12:45 AM Author: Zombie-like keepsake machete church building Always found it incredibly inelegant, but effective, to have the second part of every limitation section (II.A.2, II.B.2, II.C.2, etc.) in a Markman brief be "ayo and if you didn't buy that shit as a *literal* matter, don't forget about the DOE!" (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41622291) |
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Date: December 25th, 2020 7:51 PM Author: harsh garrison Rule in Shelley's Case (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41616327) |
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Date: December 25th, 2020 7:53 PM Author: Hairraiser chocolate ratface depressive Lol at all the idiots in this thread naming the random cliched “hard” concepts they learned in law school. You idiots no longer practice or do shitlaw personal injury. (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41616332) |
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Date: December 25th, 2020 7:55 PM Author: harsh garrison lol (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41616339) |
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Date: December 25th, 2020 7:56 PM Author: Autistic Puce Gaping Nibblets Idiots! Idiots! *coifs bowlcut* (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41616343) |
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Date: December 25th, 2020 8:34 PM Author: hyperactive slate pozpig (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41616438) |
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Date: December 25th, 2020 8:37 PM Author: Black metal roast beef (retard). nothing you learn about law as a practicing lawyer at v20 biglaw is hard, beyond the factual setting. (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41616448) |
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Date: December 25th, 2020 8:37 PM Author: Frisky Swashbuckling Senate (Estate litigation masterman) (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41616449) |
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Date: December 25th, 2020 7:54 PM Author: harsh garrison Rule against perpetuities (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41616337) |
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Date: December 26th, 2020 3:17 PM Author: Domesticated pearly windowlicker hall (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41619486) |
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Date: December 25th, 2020 8:35 PM Author: Self-centered coiffed gas station Clique Law (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41616440) |
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Date: December 25th, 2020 10:12 PM Author: narrow-minded bearded weed whacker Some good candidates in tax: maybe unified loss rule or 382 segregation/public group rule?
But honestly nothing in law is that difficult to understand. |
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Date: December 25th, 2020 10:18 PM Author: mahogany messiness Minimum contacts, fair play, and substantial justice (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41616832) |
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Date: December 26th, 2020 12:56 PM Author: federal fanboi I think right now the hot button issue is data privacy. Seems to me it should be incredibly easy but every expert seems to think a simple 15 page contract needs a 60 page addendum just to deal with data shit. (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41618805) |
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Date: December 26th, 2020 2:45 PM Author: Soul-stirring business firm gunner To be fair, the parts where the EU SCCs get pasted in take up a lot of space, but all you need to do is a Compare Check to verify that none of the language was altered (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41619341) |
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Date: December 26th, 2020 12:57 PM Author: Mint arrogant chapel kitty cat election law (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41618812) |
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Date: December 26th, 2020 1:27 PM Author: Honey-headed Friendly Grandma Shrine Pretending you like your job.
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Date: December 26th, 2020 2:57 PM Author: hyperactive slate pozpig (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41619391) |
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Date: December 26th, 2020 1:32 PM Author: aggressive laughsome dopamine Rule against perpetuities. It isn't hard if you sit down and study it, but it's phrased so awkwardly it's easy to forget. (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41619007) |
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Date: December 26th, 2020 1:32 PM Author: twinkling arousing wrinkle police squad what can be patented seems quite arbitrary.
like apple couldn't patent the touch swipe shit they invented for the iphone yet amazon could patent a "one click" purchase |
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Date: December 26th, 2020 1:41 PM Author: Marvelous Carmine Station Part of that is timing. During the late 90s, the PTO was granting patents for basically anything related to a computer, and your only recourse as a defendant was an ex parte reexam or to try to convince a jury that it's invalid by clear and convincing evidence. Good luck with that, lol.
If Amazon had asserted that patent post-AIA, it would've gotten challenged in a CBM, and the PTAB would've nuked it under 101. |
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Date: December 26th, 2020 2:59 PM Author: twinkling arousing wrinkle police squad but still, what is an invention if some slick computer related code or UI doesn't count? (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41619399) |
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Date: December 26th, 2020 10:04 PM Author: Marvelous Carmine Station Oh I agree. Alice/101 is fraudlies. SCOTUS is great at fucking up patent law. (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41621536) |
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Date: December 26th, 2020 1:40 PM Author: galvanic alcoholic meetinghouse fortuitous meteor has a valid contract been formed? scholars will disagree edit: the law isn't rocket science |
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Date: December 26th, 2020 2:38 PM Author: lake supple voyeur 9.2/7.6 interactions (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41619299) |
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Date: December 26th, 2020 2:58 PM Author: hyperactive slate pozpig And 180 mon (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41619395) |
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Date: December 26th, 2020 2:42 PM Author: deep azure legend resort Proof beyond RD + presumption of innocence.
Not hard concepts intellectually but depend on context of relationship to govt that hasn’t existed for 80+ years.
Try getting an American juror to * really* grasp and apply these ideas
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Date: December 26th, 2020 3:08 PM Author: Zombie-like keepsake machete church building If we're going to go down that route, I still don't know what it means to introduce the defendant's confession as "impeachment" when he contradicts it at trial, and then tell the jury to "consider it only for its impeachment value." As in, even if I was a pristinely good-faith and autistic-savant juror going out of my way to segregate licit and illicit information and inferential chains in my mind, I don't know how that'd work here.
I used to always take the intellectually lazy position that it theoretically means that the worst the jury can value the testimony is as if no testimony had been given at all, but that's clearly not true -- plenty of (probably most) defendant testimony is actively harmful, and even if the "Big Liar, Under Oath, About Serious & Material Shit --> Probably Enough of a Shitbag in General to Have Committed Crime X" inference is forbidden, I'm pretty sure the expressly allowed "Big Liar..." finding does some serious and substantive damage. |
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Date: December 26th, 2020 3:20 PM Author: deep azure legend resort Now imagine a juror trying to discount race. Lmao (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41619503) |
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Date: December 27th, 2020 12:51 AM Author: Zombie-like keepsake machete church building My last 2 trials involved clients with face and neck tattoos. Sex trafficker late last year looked like he had vitiligo he had so many patches of slightly mismatched "Mocha Buff" liquid makeup on him. (How is it I tell my paralegal to buy 5 different colors just in case, and she brings back 5 bottles of shit that's *each* too light? Did she not understand the point of the exercise?) (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41622310) |
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Date: December 26th, 2020 2:59 PM Author: big naked crotch ladyboy Ethical billing (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41619401) |
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Date: December 26th, 2020 3:00 PM Author: disgusting giraffe point Orange Man Bad Doctrine (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41619406) |
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Date: December 26th, 2020 3:10 PM Author: White violent dog poop seems pretty simple
IF orange man, bad
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Date: December 26th, 2020 3:17 PM Author: Zombie-like keepsake machete church building Tbf, the Ninth Circuit really streamlined this doctrine. (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41619485) |
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Date: December 26th, 2020 3:53 PM Author: lavender motley property Waterfall provisions in RMBS documents can be extremely difficult to parse. Structured finance is highly technical and many deals were done so quickly in the run up to 2008 that the documents don’t make sense if you actually read them. (Associates just copied and pasted inconsistent templates.) It gets complicated when you try to account for deferred principal, litigation settlements, payments by certificate insurers, etc.
Securities fraud damages can be pretty technical too. (Event studies, etc.)
I assume patent, antitrust, and environmental can be difficult too. |
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Date: December 26th, 2020 4:31 PM Author: Aromatic Legal Warrant (goy) (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41619794) |
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Date: December 26th, 2020 6:37 PM Author: galvanic alcoholic meetinghouse fortuitous meteor if it's a hyper technical document being done by sleep deprived 28 yos at 4 am, using incorrect templates, then it's not exactly challenging to "figure out" -- the document is just essentially ambiguous or wrong in a way that does not reflect the intent of the parties. right? (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41620437) |
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Date: December 26th, 2020 7:53 PM Author: lavender motley property Yes. But none of the shitbag corporate lawyers will publicly cop to that because they earned millions in fees for doing these deals. So instead the court has to try to interpret the docs as written. Which is not possible, so it’s a question of which inconsistent meaning you adopt for part 1 and how to fix other issues caused for issues 2, 4, and 7 by how you fixed part 1. (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41620918) |
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Date: December 26th, 2020 7:56 PM Author: galvanic alcoholic meetinghouse fortuitous meteor agreed. Usually what happens is a reckoning comes (eg 2008); courts say "this is gibberish" and the drafters tighten it up for a while. But right now feels pretty loose (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41620933) |
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Date: December 26th, 2020 9:34 PM Author: Aromatic Legal Warrant Are u a structured financemo (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41621420) |
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Date: December 26th, 2020 11:16 PM Author: galvanic alcoholic meetinghouse fortuitous meteor Not really, but I've had a taste. And I think you see similar issues in a variety of private contracts (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41621872) |
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Date: December 26th, 2020 3:57 PM Author: trip scarlet filthpig digit ratio causation (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41619648) |
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Date: December 26th, 2020 7:40 PM Author: galvanic alcoholic meetinghouse fortuitous meteor (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41620846) |
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Date: December 26th, 2020 4:28 PM Author: Fear-inspiring vivacious brunch pistol Hearsay (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41619784) |
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Date: December 26th, 2020 7:55 PM Author: internet-worthy mauve house volcanic crater Penumbras and emanations (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41620922) |
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Date: December 26th, 2020 10:25 PM Author: thriller sooty orchestra pit organic girlfriend Commercially reasonable efforts (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41621628) |
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Date: December 26th, 2020 10:44 PM Author: electric tank corner The answer is the rule against perpetuities. This thread is full of answers saying it’s not that hard which is 100% true but there’s no other answer. Law isn’t conceptually difficult. You can’t say “partnership tax” or ERISA because those are entire courses, not rules. The only other possible answer is some con law shit like substantive due process or something which is at least a concept but is only difficult because its all total fucking nonsense so have to know how it’s applied incoherently in every case. (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41621719) |
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Date: December 26th, 2020 10:55 PM Author: Black metal roast beef indeed. doggie suicide is a retard who thinks the shit he's learning at his "v20" about his latest retarded discovery controversy is more difficult to grapple with than the most difficult rule in the most arcane bullshit "core" ls class (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41621780) |
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Date: December 27th, 2020 12:48 AM Author: curious navy multi-billionaire lol @ all the 115-120 iq poli sci shitheads who think the RAP is a difficult concept (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41622304) |
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Date: December 27th, 2020 7:50 AM Author: electric tank corner Name a difficult concept in law. You can’t. So it’s rap. (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41622895) |
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Date: December 27th, 2020 10:16 AM Author: curious navy multi-billionaire there are 20 better answers ITT (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41623265) |
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Date: December 27th, 2020 12:54 AM Author: wonderful center macaca getting to maybe. the idea that everything is up for grabs. nothing is certain. smart people can honestly believe shit that is preposterous. |
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Date: January 17th, 2021 2:27 PM Author: Vibrant stain regret (http://www.autoadmit.com/thread.php?thread_id=4720768&forum_id=2#41770131) |