BarBri Thread: People taking Barbri for July 2013 exam Forum

[bgdddymtty]

Can someone explain hearsay to me in plain english? I feel somewhat comfortable with the hearsay exceptions but I can't tell hearsay from non hearsay. I flag everything as hearsay.

Easiest way for me to keep it straight is to just look at the content of the statement and ask whether it matters if it is true or not in the context of the rest of the problem. If it looks like it is being offered for its truth, its hearsay. If it looks like it's being offered for some other reason, it's not hearsay.

"Dan killed your wife." to show that Dan actually killed your wife? Hearsay, because it's value depends on whether it is true or not.
"Dan killed your wife." to show adequate provocation for second murder? Not hearsay, because it's value doesn't depend on whether it is true or not, it's value is the effect on the listener and whether it would reasonably provoke him.

And to tack on (though the above is very good), I had this problem before, so the way I attack it is to ask: is the person offering it trying to get the jury/judge to believe what the out-of-court declarant said, or is the person offering it trying to get the jury/judge to believe that the out-of-court declarant said it? If the 2nd, non-hearsay.

One additional problem, though, for the purposes of the MBE, is that there are a bunch of statements that meet the general definition but are classified under the FRE as "nonhearsay" (e.g., statements by a criminal defendant). There's nothing you can do there but memorize the rules (and use process of elimination).

[gonezo77]

Ugh. I could use commercial paper help if possible:

And your last question - Presentment warranty arises any time a check that is not payable for whatever reason (either forged indorsement, alteration, person isn't entitled to enforce it, etc.) is presented to it. Presentment warranty is only between the drawee bank and the the person or bank presenting the check to it for payment.

I hope this helps. It's complicated to explain. haha I hope it makes sense.

This last statement, and another statement in your response highlighting the same fact, is, I believe, wrong. A drawee bank can sue not only the actual presenting bank or party on presentment warranties but also anyone down the chain who violated the presentment warranties (signatures are authorized, etc . . . ). Then, whoever got sued on the presentment warranty will sue back up the chain on transfer warranties until you reach the point of the person of ultimate culpability, usually "the thief."

The quote below expresses this concept.

"If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, the person obtaining payment or acceptance, at the time of presentment, and a previous transferor of the draft, at the time of transfer, make the following warranties to the drawee that pays or accepts the draft in good faith"

[BCLS]

Ugh. I could use commercial paper help if possible:

And your last question - Presentment warranty arises any time a check that is not payable for whatever reason (either forged indorsement, alteration, person isn't entitled to enforce it, etc.) is presented to it. Presentment warranty is only between the drawee bank and the the person or bank presenting the check to it for payment.

I hope this helps. It's complicated to explain. haha I hope it makes sense.

This last statement, and another statement in your response highlighting the same fact, is, I believe, wrong. A drawee bank can sue not only the actual presenting bank or party on presentment warranties but also anyone down the chain who violated the presentment warranties (signatures are authorized, etc . . . ). Then, whoever got sued on the presentment warranty will sue back up the chain on transfer warranties until you reach the point of the person of ultimate culpability, usually "the thief."

The quote below expresses this concept.

"If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, the person obtaining payment or acceptance, at the time of presentment, and a previous transferor of the draft, at the time of transfer, make the following warranties to the drawee that pays or accepts the draft in good faith"

The above is 100% correct. The depository bank, makes a presentment warranty to the drawee bank (i.e., it is entitled to enforce, no alterations, etc.). The drawee bank, and ONLY the drawee bank, may sue the depository bank and ANY prior transferor for breach of presentment warranty. So basically, once the depository bank makes the presentment warranty, everyone else who transferred the instrument does as well.

[rnf1292]

The "ask a barbri rep a question" link is gone from my enrolled student center. Barbri has ditched us

[BCLS]

The "ask a barbri rep a question" link is gone from my enrolled student center. Barbri has ditched us

I never had this haha. Could you ask law questions?

[rnf1292]

The "ask a barbri rep a question" link is gone from my enrolled student center. Barbri has ditched us

I never had this haha. Could you ask law questions?

Yes haha they call/email you back about all substantive questions

[rnf1292]

Property q: is "O to A and heirs" a fee tail? Or does fee tail always have to say "to A and heirs of his body"

[0L Hoping for 1]

Property q: is "O to A and heirs" a fee tail? Or does fee tail always have to say "to A and heirs of his body"

This will always be interpreted today as a Fee Simple Absolute.

[blong4133]

Ugh. I could use commercial paper help if possible:

And your last question - Presentment warranty arises any time a check that is not payable for whatever reason (either forged indorsement, alteration, person isn't entitled to enforce it, etc.) is presented to it. Presentment warranty is only between the drawee bank and the the person or bank presenting the check to it for payment.

I hope this helps. It's complicated to explain. haha I hope it makes sense.

This last statement, and another statement in your response highlighting the same fact, is, I believe, wrong. A drawee bank can sue not only the actual presenting bank or party on presentment warranties but also anyone down the chain who violated the presentment warranties (signatures are authorized, etc . . . ). Then, whoever got sued on the presentment warranty will sue back up the chain on transfer warranties until you reach the point of the person of ultimate culpability, usually "the thief."

The quote below expresses this concept.

"If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, the person obtaining payment or acceptance, at the time of presentment, and a previous transferor of the draft, at the time of transfer, make the following warranties to the drawee that pays or accepts the draft in good faith"

Thanks for the clarification there; you're 100% right on that. I was mistaken as to this concept apparently. Sorry if I confused anyone! :/

[BCLS]

The "ask a barbri rep a question" link is gone from my enrolled student center. Barbri has ditched us

I never had this haha. Could you ask law questions?

Yes haha they call/email you back about all substantive questions

you gotta be kidding me..would have been nice to have this.

[acsd87]

HOLY SHIT I UNDERSTAND THE SECURITY POLICY NY BAR EXAMINERS PLEASE STOP EMAILING IT TO ME LOL THANKS.

[moandersen]

Just finished the NCBE MBE first set of 100. Got a score pretty much in line with my average of the MPQ2 mixed set. I guess thats good as long as it really is representative of the real MBE. The answers are worded differently than barbri, so that took some adjusting to. Not sure whether its worth the time to do the next two.

[BCLS]

Just finished the NCBE MBE first set of 100. Got a score pretty much in line with my average of the MPQ2 mixed set. I guess thats good as long as it really is representative of the real MBE. The answers are worded differently than barbri, so that took some adjusting to. Not sure whether its worth the time to do the next two.

prob not worth it at this point.

[blong4133]

Just finished the NCBE MBE first set of 100. Got a score pretty much in line with my average of the MPQ2 mixed set. I guess thats good as long as it really is representative of the real MBE. The answers are worded differently than barbri, so that took some adjusting to. Not sure whether its worth the time to do the next two.

prob not worth it at this point.

How do those ones compare to the free one that they offer on the website? I just can't bring myself to spend 50 bucks on 100 questions.

[Stinson]

At this point I feel like I know the rules for secured transactions and commercial paper, but now looking at the essays I realize I have no idea how the concepts work once they're in motion. So if there's a question about this I think I'm going to just write out all the definitions, throw in the people's names, and hope for the best.

[BCLS]

At this point I feel like I know the rules for secured transactions and commercial paper, but now looking at the essays I realize I have no idea how the concepts work once they're in motion. So if there's a question about this I think I'm going to just write out all the definitions, throw in the people's names, and hope for the best.

I know. The only way I was able to teach myself these topics was to do at least one commercial paper/secured MEE essay per day. I learned by doing. Otherwise there is really no way to see the relatedness of the concepts. They just appear so abstract until you see it in practice.

[jockinjay-z]

Anybody do a sample 3hr MEE yet? Just did one and I thought I did well....however turns out I got rocked once I did the point checklist at the back of the book. God I hope this thing is curved and everyone else is close to me in the same boat or else...:-/

[moandersen]

Just finished the NCBE MBE first set of 100. Got a score pretty much in line with my average of the MPQ2 mixed set. I guess thats good as long as it really is representative of the real MBE. The answers are worded differently than barbri, so that took some adjusting to. Not sure whether its worth the time to do the next two.

prob not worth it at this point.

Youre probably right. I hate studying for the essays though...

[BCLS]

Just finished the NCBE MBE first set of 100. Got a score pretty much in line with my average of the MPQ2 mixed set. I guess thats good as long as it really is representative of the real MBE. The answers are worded differently than barbri, so that took some adjusting to. Not sure whether its worth the time to do the next two.

prob not worth it at this point.

Youre probably right. I hate studying for the essays though...

I know same here! I feel like every time I do an essay there is at least something I miss.

[ninereal]

Evidence Essay #1 because I have not done enough evidence essays.

Subpart 2: why the fuck is this not admission by a party opponent? Model answer only has excited utterance, which might apply, but I see no reason whatsoever why it wouldn't be a party opponent admission. Also, I'm not even sure excited utterance applies because there seems to have been a good amount of time between the accident and the statement.

[PitchO20]

I just did the 100Q NCBEX Practice Exam 2 and got a 174. I have no idea about what any of the scaling means. Can someone just tell me if I'm in good shape?

[ninereal]

I just did the 100Q NCBEX Practice Exam 2 and got a 174. I have no idea about what any of the scaling means. Can someone just tell me if I'm in good shape?

you're in good shape

[kaiser]

I just did the 100Q NCBEX Practice Exam 2 and got a 174. I have no idea about what any of the scaling means. Can someone just tell me if I'm in good shape?

174 means you got something around 85/100 right. Take a guess as to what kind of shape you are in.

[PitchO20]

Thanks. Sorry for gunnerness, I legitimately can't find where it tells me in the report how many I got right or wrong.

Well, fuck studying for the MBE. Guess it's time to finally learn sec trans, comm paper, and the other shit topics.

[kaiser]

Thanks. Sorry for gunnerness, I legitimately can't find where it tells me in the report how many I got right or wrong.

Well, fuck studying for the MBE. Guess it's time to finally learn sec trans, comm paper, and the other shit topics.

Same. Did the NCBE tests and averaged 166 between the 3, and then said screw MBE. But then I realized how much NY shit I don't know when I started drilling the essays. Just trying to scratch together as many points as I can by using this chart to hit the most-tested subtopics within:

http://www.smartbarprep.com/SmartBarPre ... alysis.pdf