New York Bar Day 1 Thread Forum

[lionelhutz123]

That feel when you guessed the eavesdropping question correctly.

That feel when you had no clue what to write about the partition essay question.

any idea what the deal was with partition? i just rambled on about whether or not the bank every became a tenant in common in order to having standing.

[keg411]

I want to block this crap out of my mind, but....

Pretty sure spouses can't unilaterally sever a TBE, which is, I think what the question was getting at. (So even if the lien could attach on H's 1/2, which I'm not totally sure I got that part right, creditor can't get a partition).

Okay and that's all the post mortem for me.

[shadow.]

I want to block this crap out of my mind, but....

Pretty sure spouses can't unilaterally a TBE, which is, I think what the question was getting at. (So even if the lien could attach on H's 1/2, which I'm not totally sure I got that part right, creditor can't get a partition).

Okay and that's all the post mortem for me.

I believe b/c NY follows the lien theory of mortgages, the following applies (from Seperac 2005):

NY Distinctions – Tenancy by the Entirety
1 spouse may mortgage his interest & his creditors may enforce against that interests, BUT only as to the debtor spouse’s share
Non-debtor spouse’s rights, including the right of survivorship, must not be compromised

[keg411]

I want to block this crap out of my mind, but....

Pretty sure spouses can't unilaterally a TBE, which is, I think what the question was getting at. (So even if the lien could attach on H's 1/2, which I'm not totally sure I got that part right, creditor can't get a partition).

Okay and that's all the post mortem for me.

I believe b/c NY follows the lien theory of mortgages, the following applies (from Seperac 2005):

NY Distinctions – Tenancy by the Entirety
1 spouse may mortgage his interest & his creditors may enforce against that interests, BUT only as to the debtor spouse’s share
Non-debtor spouse’s rights, including the right of survivorship, must not be compromised

Okay, yeah, that's what I thought. Although I didn't say it anywhere near that eloquently on the actual exam. I just hope I didn't leave out the word "sever" on my exam like I did in my post.

[kaiser]

That feel when you guessed the eavesdropping question correctly.

That feel when you had no clue what to write about the partition essay question.

any idea what the deal was with partition? i just rambled on about whether or not the bank every became a tenant in common in order to having standing.

This was the one issue of the exam where I genuinely had no clue. Some others I got wrong to some extent where I made a poor decision at a fork in the road, but the partition thing I didn't even know what to talk about.

[Retiarius]

On the PM Exam, the Examsoft questions were numbered "1," "2," and "3," and I didn't see any indication of which one was supposed to be the MPT.

So I put the MPT in Question 1, put my answer to Question 4 on the Question 2 screen, and put my answer to Question 5 on the Question 3 screen. Apparently, this was the incorrect order. Luckily, I started each Question screen by writing "Question 4" or "Question 5"

How worried should I be about them not grading my answers?

[kaiser]

On the PM Exam, the Examsoft questions were numbered "1," "2," and "3," and I didn't see any indication of which one was supposed to be the MPT.

So I put the MPT in Question 1, put my answer to Question 4 on the Question 2 screen, and put my answer to Question 5 on the Question 3 screen. Apparently, this was the incorrect order. Luckily, I started each Question screen by writing "Question 4" or "Question 5"

How worried should I be about them not grading my answers?

They can't possibly be so cruel as to say "hmm, essay 4 was supposed to be in the number 1 slot in the afternoon, so we are gonna grade this MPT answer using the essay #4 rubric"

[hanabana]

Realized when I got home and had a second to think about it - for the afternoon essay on wills, I totally messed up and said "intermitent child" instead of "pretermitted child"... What the heck was I thinking, what does intermitent child even mean?! Assuming I gave a sufficient information and law on what the rule is, would this hurt me big time? Or will they see that term and just go like "I'm not reading this idiot's essay"?

And yes, I totally made up my own rules on many issues today... Ran out of time on one of the essays too. Not looking good, especially since MBE is not exactly my forte either. This sucks!

[swc65]

Realized when I got home and had a second to think about it - for the afternoon essay on wills, I totally messed up and said "intermitent child" instead of "pretermitted child"... What the heck was I thinking, what does intermitent child even mean?! Assuming I gave a sufficient information and law on what the rule is, would this hurt me big time? Or will they see that term and just go like "I'm not reading this idiot's essay"?

And yes, I totally made up my own rules on many issues today... Ran out of time on one of the essays too. Not looking good, especially since MBE is not exactly my forte either. This sucks!

Prolly made the grader chuckle and lost at most a third of a point for it

[brassmonkey7]

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[hanabana]

Holy shit worker's comp! There goes another issue for me... I guess that's why discussing these afterwards is not a good idea. Feeling really screwed!

[stayway]

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[brassmonkey7]

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[stayway]

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[jc1988]

I think that is the right analysis. I completely forgot about anti-lapse and just divided it all per capita so i ended up totaling 1/3's for B and C into 2/3 then dividing it into 5...FML.....it was a whole fucking sub question. god damn it im scared.

lol same! don't worry

[taxman021]

I think that is the right analysis. I completely forgot about anti-lapse and just divided it all per capita so i ended up totaling 1/3's for B and C into 2/3 then dividing it into 5...FML.....it was a whole fucking sub question. god damn it im scared.

lol same! don't worry

did the same exact thing- 2/15 ($20k) to each of the 5 grandchildren

[stayway]

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[lex8628]

I think that is the right analysis. I completely forgot about anti-lapse and just divided it all per capita so i ended up totaling 1/3's for B and C into 2/3 then dividing it into 5...FML.....it was a whole fucking sub question. god damn it im scared.

lol same! don't worry

did the same exact thing- 2/15 ($20k) to each of the 5 grandchildren

Phew! Same. Didn't discuss anti-lapse.

Talked about Aaron's specific gift of the 2009 Porshe adeeming. Felt badass.

Couldn't remember the word "worker's comp" ... felt like a dumbass. (Explained how it worked though so, we can hope.)

[Nynaeve]

I think that is the right analysis. I completely forgot about anti-lapse and just divided it all per capita so i ended up totaling 1/3's for B and C into 2/3 then dividing it into 5...FML.....it was a whole fucking sub question. god damn it im scared.

lol same! don't worry

I did the same haha. Fuck?

[stayway]

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[brassmonkey7]

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[stayway]

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[kaiser]

Feeling pretty screwed that I analyzed the worker's comp issue as a negligence issue but I did know the state of lim issue and could make out the products lib part so hopefully that's still a 4...

I treated it like a full on negilgence issue also, and completely forgot about worker's comp until afterward. Oh well. Gave a solid negligence analysis at least, so maybe a point out of it. Its just a sub issue. Got the latent injury thing, where the dude is literally bedridden yet not even seeing a doctor. Started the clock ticketing then, so I screwed the guy.

[dixiecupdrinking]

I think that is the right analysis. I completely forgot about anti-lapse and just divided it all per capita so i ended up totaling 1/3's for B and C into 2/3 then dividing it into 5...FML.....it was a whole fucking sub question. god damn it im scared.

lol same! don't worry

I did the same haha. Fuck?

I honestly didn't know until just now reading this thread that anti-lapse meant you don't take per capita like usual. I thought it just saved the gift from failing but subsequent generations still take like they would have anyway, i.e. divide by number of issue at closest generation, repackage the remainder for dead folks, etc. WTF?

[kaiser]

I think that is the right analysis. I completely forgot about anti-lapse and just divided it all per capita so i ended up totaling 1/3's for B and C into 2/3 then dividing it into 5...FML.....it was a whole fucking sub question. god damn it im scared.

lol same! don't worry

I did the same haha. Fuck?

I honestly didn't know until just now reading this thread that anti-lapse meant you don't take per capita like usual. I thought it just saved the gift from failing but subsequent generations still take like they would have anyway, i.e. divide by number of issue at closest generation, repackage the remainder for dead folks, etc. WTF?

Oh shit I did it per capita as if it were an intestacy problem. Didn't even think to consider that anti-lapse would keep the entirety of the 1/3 gift in each "branch". Ended up giving $20K to each grandkid. Oh well. At least those of us who did that get the anti-lapse points still, and thats the crux.