California Bar Exam (July 2013) thread

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Emma.
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Re: California Bar Exam (July 2013) thread

Postby Emma. » Thu Aug 01, 2013 12:33 am

Was the guy dying in hospital a dying declaration, or was that too simple?

What about the state taxing easements? All I could remember was the barbri lecturer saying "it is unconstitutional to pay a state tax out of the federal treasury"

chocolateicecream
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Re: California Bar Exam (July 2013) thread

Postby chocolateicecream » Thu Aug 01, 2013 12:33 am

lawdawg09 wrote:
uwb09 wrote:Why would IS be applied to a private school's gender discrimination?


IIRC it was a state school?

The medical school that had a admissions quota was a private school.


I think you're right. I think the frat question was a state school, the medical school quota question was a private school.

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Old Gregg
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Re: California Bar Exam (July 2013) thread

Postby Old Gregg » Thu Aug 01, 2013 12:33 am

Emma. wrote:Was the guy dying in hospital a dying declaration, or was that too simple?

What about the state taxing easements? All I could remember was the barbri lecturer saying "it is unconstitutional to pay a state tax out of the federal treasury"


First one, that's what I put.

Second one, can you elaborate on Q?

chocolateicecream
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Re: California Bar Exam (July 2013) thread

Postby chocolateicecream » Thu Aug 01, 2013 12:34 am

Emma. wrote:Was the guy dying in hospital a dying declaration, or was that too simple?

What about the state taxing easements? All I could remember was the barbri lecturer saying "it is unconstitutional to pay a state tax out of the federal treasury"


I put it was a dying declaration, but was very bothered that the question didn't actually tell me he knew he was dying. But I didn't like the other answers.

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Reinhardt
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Re: California Bar Exam (July 2013) thread

Postby Reinhardt » Thu Aug 01, 2013 12:34 am

Hmm, maybe
Last edited by Reinhardt on Fri Aug 09, 2013 2:35 am, edited 2 times in total.

spartjdawg
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Re: California Bar Exam (July 2013) thread

Postby spartjdawg » Thu Aug 01, 2013 12:34 am

lawdawg09 wrote:
cadestevenson wrote:did you guys discuss 198 (or so) yet? Kind of mad that I didn't pay attention to all of the supreme court opinions in which Scalia chastised the states for misapplying the Strickland standards.

GD Barbri, is it too much to ask that you include the complete rule statement in the CMR? Are two words too much to ask for?

Good lesson. Don't change your MBE answers. I changed that one from right to wrong. Aren't IAC motions the bane of defense attorneys everywhere? The correct standard appears way too low to me.


My gut said preponderance (whatever the equivalent was). I wanted to change it to C&C but I couldnt do it. I looked it up and the CMR siad it is a "but for" test... Fucking barbri.


It was NOT CCE, it was reasonable basis

chass
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Re: California Bar Exam (July 2013) thread

Postby chass » Thu Aug 01, 2013 12:34 am

One of the private schools only received funds from tuition and something else, but no fed grants

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Old Gregg
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Re: California Bar Exam (July 2013) thread

Postby Old Gregg » Thu Aug 01, 2013 12:35 am

what about congressman who sued against higher state tax? only argued that it violated state constitution. i put that scotus wouldnt hear it because of that

Foosters Galore
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Re: California Bar Exam (July 2013) thread

Postby Foosters Galore » Thu Aug 01, 2013 12:35 am

Emma. wrote:Was the guy dying in hospital a dying declaration, or was that too simple?

What about the state taxing easements? All I could remember was the barbri lecturer saying "it is unconstitutional to pay a state tax out of the federal treasury"


Yeah, him saying "im gonna get him" means he didnt think death was imminent.

lawdawg09
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Re: California Bar Exam (July 2013) thread

Postby lawdawg09 » Thu Aug 01, 2013 12:35 am

Emma. wrote:Was the guy dying in hospital a dying declaration, or was that too simple?

What about the state taxing easements? All I could remember was the barbri lecturer saying "it is unconstitutional to pay a state tax out of the federal treasury"



I think the dying declaration was a trap. There were no foundational facts that the declarant spoke with the knowledge of impending death?

spartjdawg
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Re: California Bar Exam (July 2013) thread

Postby spartjdawg » Thu Aug 01, 2013 12:35 am

chocolateicecream wrote:
Emma. wrote:Was the guy dying in hospital a dying declaration, or was that too simple?

What about the state taxing easements? All I could remember was the barbri lecturer saying "it is unconstitutional to pay a state tax out of the federal treasury"


I put it was a dying declaration, but was very bothered that the question didn't actually tell me he knew he was dying. But I didn't like the other answers.


Not a dying declaration. Must be in imminent belief of dying. The guy said "Ill get him for this!" Meaning that he did not think he was going to die. Furthermore, it was not a statement for medical treatment because the extraneous information of the person committing the act would be excised.

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Old Gregg
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Re: California Bar Exam (July 2013) thread

Postby Old Gregg » Thu Aug 01, 2013 12:36 am

Reinhardt wrote:I made some crazy ass inference that it wasn't dying declaration because no details suggested he believed his death was imminent and he said "I'm gonna git that sucka"


definiteyl wasnt testimony re medical tratment to doctor or whatever. statements about cause arent admissible in that exception unless relevant, especially who caused it.

eatinbean
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Re: California Bar Exam (July 2013) thread

Postby eatinbean » Thu Aug 01, 2013 12:36 am

.
Last edited by eatinbean on Thu Aug 01, 2013 12:43 am, edited 1 time in total.

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Emma.
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Re: California Bar Exam (July 2013) thread

Postby Emma. » Thu Aug 01, 2013 12:37 am

lawdawg09 wrote:
Emma. wrote:Was the guy dying in hospital a dying declaration, or was that too simple?

What about the state taxing easements? All I could remember was the barbri lecturer saying "it is unconstitutional to pay a state tax out of the federal treasury"



I think the dying declaration was a trap. There were no foundational facts that the declarant spoke with the knowledge of impending death?



FUCK.

Image

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Old Gregg
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Re: California Bar Exam (July 2013) thread

Postby Old Gregg » Thu Aug 01, 2013 12:38 am

*Crying over evidence*

AntiHuman
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Re: California Bar Exam (July 2013) thread

Postby AntiHuman » Thu Aug 01, 2013 12:38 am

So pretty much the school banning the club question was experimental because some people didn't have it on their exam? yay

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Old Gregg
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Re: California Bar Exam (July 2013) thread

Postby Old Gregg » Thu Aug 01, 2013 12:39 am

AntiHuman wrote:So pretty much the school banning the club question was experimental because some people didn't have it on their exam? yay


I didn't have it. Deffo experimental.

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Reinhardt
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Re: California Bar Exam (July 2013) thread

Postby Reinhardt » Thu Aug 01, 2013 12:39 am

I really love the wacky religious beliefs NCBE comes up with.

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Emma.
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Re: California Bar Exam (July 2013) thread

Postby Emma. » Thu Aug 01, 2013 12:39 am

Fresh Prince wrote:what about congressman who sued against higher state tax? only argued that it violated state constitution. i put that scotus wouldnt hear it because of that


Yeah no way the court would take that. AISG.

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Old Gregg
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Re: California Bar Exam (July 2013) thread

Postby Old Gregg » Thu Aug 01, 2013 12:40 am

to be fair, i thought when hte dood said ":Im gonna get him," he meant as a ghost or whatever.

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usuaggie
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Re: California Bar Exam (July 2013) thread

Postby usuaggie » Thu Aug 01, 2013 12:40 am

spartjdawg wrote:
chocolateicecream wrote:
Emma. wrote:Was the guy dying in hospital a dying declaration, or was that too simple?

What about the state taxing easements? All I could remember was the barbri lecturer saying "it is unconstitutional to pay a state tax out of the federal treasury"


I put it was a dying declaration, but was very bothered that the question didn't actually tell me he knew he was dying. But I didn't like the other answers.


Not a dying declaration. Must be in imminent belief of dying. The guy said "Ill get him for this!" Meaning that he did not think he was going to die. Furthermore, it was not a statement for medical treatment because the extraneous information of the person committing the act would be excised.

This. I'll get him is the typical not imminent death phrase

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uwb09
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Re: California Bar Exam (July 2013) thread

Postby uwb09 » Thu Aug 01, 2013 12:40 am

Fresh Prince wrote:
AntiHuman wrote:So pretty much the school banning the club question was experimental because some people didn't have it on their exam? yay


I didn't have it. Deffo experimental.

Fail, one of the few I actually felt confident about :(

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Reinhardt
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Re: California Bar Exam (July 2013) thread

Postby Reinhardt » Thu Aug 01, 2013 12:40 am

And if these questions are experimental, we probably shouldn't be talking about them??? Don't want to be a stick in the mud but don't want anyone to get in trouble.

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funkyturds
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Re: California Bar Exam (July 2013) thread

Postby funkyturds » Thu Aug 01, 2013 12:41 am

Emma. wrote:Was the guy dying in hospital a dying declaration, or was that too simple?

What about the state taxing easements? All I could remember was the barbri lecturer saying "it is unconstitutional to pay a state tax out of the federal treasury"


I think him saying "I'm going to get you back" or whatever = no belief of imminent death. Same thing led me to say it wasn't a physical condition exception either--he didn't say this for the purposes of diagnosis or treatment

thrillerjesus
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Re: California Bar Exam (July 2013) thread

Postby thrillerjesus » Thu Aug 01, 2013 12:41 am

Emma. wrote:Was the guy dying in hospital a dying declaration, or was that too simple?

What about the state taxing easements? All I could remember was the barbri lecturer saying "it is unconstitutional to pay a state tax out of the federal treasury"


I thought no because his second statement was "i'm gonna get him for this" or something, so i took that to mean that he didn't believe he was dying.




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