California Bar Exam (February 2014) thread Forum

[fl0w]

I also missed my bday.

I'm going to eat a lot, drink a lot, and sex a lot.
The details won't matter because I won't remember them anyway.

An then start work on monday... ugh.

My firm was trying to get me to take the wk after off but I honestly just want to get my life back. I missed my best friend's wedding in Rome because I had to study.

mine didn't necessarily care if i took more time off after or not.. but because of the leave of absence i clearly need to hit the ground running for those billables.

[rickter]

I think I haven't posted on TLS since before law school started. Anyway, I graduated last May but I didn't take the July exam for a variety of reasons that aren't really important to the point of this post which is:

I want to thank everyone in this thread, but especially 2807, Murph, A male human, and antihuman, for posting your experiences and your advice. As somebody who self-studied for this exam, I have gotten more out of this thread in terms of writing bar exam essays than I have from any other source.

When you're writing in a thread like this, you may not realize how many lurkers like me benefit from your comments, so thanks again everybody.

[2807]

I think I haven't posted on TLS since before law school started. Anyway, I graduated last May but I didn't take the July exam for a variety of reasons that aren't really important to the point of this post which is:

I want to thank everyone in this thread, but especially 2807, Murph, A male human, and antihuman, for posting your experiences and your advice. As somebody who self-studied for this exam, I have gotten more out of this thread in terms of writing bar exam essays than I have from any other source.

When you're writing in a thread like this, you may not realize how many lurkers like me benefit from your comments, so thanks again everybody.

You're welcome my friend.
It is nice to help people.
Good luck to you.

[CourtneyElizabeth]

YOU'RE WELCO--Oh wait.

So I've been going over Contracts…What do you guys think the odd are of getting a K essay? There was a pretty straightforward one on July 2013 (they posted the sample answers), and theres a trend of them not asking Ks on Feb exams. Honestly, I'm not a fan.

I've been trying to outline answers before getting to into the fact patterns. Using the K essay from July 2013 as an example, I look at the call of the question first and kind of plan an attack…

Carl completed construction prior to Thanksgiving. Ben, however, has refused to pay Carl anything.
What are Carl’s rights and remedies against Ben? Discuss.

Then I just do a contracts essay outline:

- What law governs
-Was there a valid K formed (Offer? Acceptance? Consideration?)
- Defenses to formation?
- What are the terms of the K?
- Performance of K (Conditions [Implied, Express] v. Promises)
- Duties discharged (Impractic. imposs, frustration of purpose)

Read the fact pattern and kind of fill in the blanks…Is this a stupid, stupid way of doing it?? Then if I see something while I'm reading not in my outline, like someone trying to bring something in that goes against the Parol Evidence rule, I just add it in…My brain is not functioning. Honest to God. I feel like a 1L.

[El Pollito]

nvm

[fl0w]

YOU'RE WELCO--Oh wait.

So I've been going over Contracts…What do you guys think the odd are of getting a K essay? There was a pretty straightforward one on July 2013 (they posted the sample answers), and theres a trend of them not asking Ks on Feb exams. Honestly, I'm not a fan.

I've been trying to outline answers before getting to into the fact patterns. Using the K essay from July 2013 as an example, I look at the call of the question first and kind of plan an attack…

Carl completed construction prior to Thanksgiving. Ben, however, has refused to pay Carl anything.
What are Carl’s rights and remedies against Ben? Discuss.

Then I just do a contracts essay outline:

- What law governs
-Was there a valid K formed (Offer? Acceptance? Consideration?)
- Defenses to formation?
- What are the terms of the K?
- Performance of K (Conditions [Implied, Express] v. Promises)
- Duties discharged (Impractic. imposs, frustration of purpose)

Read the fact pattern and kind of fill in the blanks…Is this a stupid, stupid way of doing it?? Then if I see something while I'm reading not in my outline, like someone trying to bring something in that goes against the Parol Evidence rule, I just add it in…My brain is not functioning. Honest to God. I feel like a 1L.

i mean yeah that's a decent approach for outlining. I duno if you just decided to stop typing or what but anticipatory repudiation should most def be in there (i didn't re-read the fact pattern, this is just based on the fact that you typed "refused to pay carl anything").

But it sounds like that was stuff you were writing in your "outline" before reading the question? If so, what you're doing seems to be like a "forest for the trees" kind of approach. You write down your bird's-eye view so you have categories in which to put things. Then if you see a thing, know it's important, but don't know what it is... you have a list of categories to pick from into which you can stick it.

you might burn a little time doing it, but it can be helpful.

[DwightSchruteFarms]

Quick question:

For Landlord-Tenant, we all know the tenant ahs a duty to make ordinary repairs. Does he get reimbursement for these repairs? I know if the defect renders the property uninhabitable, he can repair and decut, blah blah. But what if its not, like a broken faucet. How would that analysis go?

[CourtneyElizabeth]

Tenants Duties at Common law
Duty to Repair - unless a lease states otherwise, tenant must:
-Maintain premises and make ordinary repairs
-Not commit waste

[DwightSchruteFarms]

Tenants Duties at Common law
Duty to Repair - unless a lease states otherwise, tenant must:
-Maintain premises and make ordinary repairs
-Not commit waste

Ahhh, makes sense. Thanks. If anyone is interested, it came from Barbri Property Essay 7 or 8

[vacations]

YOU'RE WELCO--Oh wait.

So I've been going over Contracts…What do you guys think the odd are of getting a K essay? There was a pretty straightforward one on July 2013 (they posted the sample answers), and theres a trend of them not asking Ks on Feb exams. Honestly, I'm not a fan.

I've been trying to outline answers before getting to into the fact patterns. Using the K essay from July 2013 as an example, I look at the call of the question first and kind of plan an attack…

Carl completed construction prior to Thanksgiving. Ben, however, has refused to pay Carl anything.
What are Carl’s rights and remedies against Ben? Discuss.

Then I just do a contracts essay outline:

- What law governs
-Was there a valid K formed (Offer? Acceptance? Consideration?)
- Defenses to formation?
- What are the terms of the K?
- Performance of K (Conditions [Implied, Express] v. Promises)
- Duties discharged (Impractic. imposs, frustration of purpose)

Read the fact pattern and kind of fill in the blanks…Is this a stupid, stupid way of doing it?? Then if I see something while I'm reading not in my outline, like someone trying to bring something in that goes against the Parol Evidence rule, I just add it in…My brain is not functioning. Honest to God. I feel like a 1L.

FWIW, I don't think we will get a Contracts essay...but of course it's just a big guess. I paid my dues and reviewed Ks today but that's about it for me...I won't be studying for a K essay anymore. I decided to allocate my time towards the "heavier" stuff, such as the MBE subjects which haven't been tested on a essays in a bit. Oh I know - it's a gamble..but I'm willing to take it.

Besides, my weakest area in K essays is "performance"...and since last July tested on this area, I'm gonna take my chances again and just pick up my next outline and move on.

[rickter]

YOU'RE WELCO--Oh wait.

Haha sorry, I didn't mean to leave anybody out, I've been checking in on this thread pretty regularly for a few weeks and the people I named were just the ones that popped in my head.


--ImageRemoved--

[CourtneyElizabeth]

bahaha I don't care. I have offered ZERO help to anyone on this board. I've just been taking everyone else's.

Yeah you know what, F contracts. I'm moving on to Evidence tonight.

[a male human]

Your top-level contracts essay outline helps me actually. I'm bad at the stuff that comes after statute of frauds.

Crap shoot but: any news on your bar prof's review of old essays?

[CourtneyElizabeth]

Yes, he sent me a lot of feedback via email but he didn't send the actual essays back. I'd be happy to send you his email if you want haha

[AntiHuman]

I got an 80 on that contracts essay and all I can say is use the facts to drive the issues. I like to have a mental checklist of issues for each subject, but I first use the facts to pick up issues within 10-15 minutes,then use the checklist to run through it to see if I missed anything, then I start writing.

K's is super easy if you just think: Armadillos From Dallas Texas Playing Rap Eating Tacos.

[a male human]

Yes, he sent me a lot of feedback via email but he didn't send the actual essays back. I'd be happy to send you his email if you want haha

Haha it's cool then.

I got an 80 on that contracts essay and all I can say is use the facts to drive the issues. I like to have a mental checklist of issues for each subject, but I first use the facts to pick up issues within 10-15 minutes,then use the checklist to run through it to see if I missed anything, then I start writing.

K's is super easy if you just think: Armadillos From Dallas Texas Playing Rap Eating Tacos.

I know that's a Barbri thing, but what exactly is it?

Applicable law
Formation
Defenses to formation (is this stuff like incapacity?)
T
Performance?
R
Excuses for performance?
T

Where does SOF fall? I've separated SOF from other defenses as a defense to enforcement rather than formation or performance

[AntiHuman]

Applicable Law
Formation of K(including offer, termination of offer, acceptance, consideration
Defenses to formation(including SOF)
Terms of the K(interpretation of terms, parole evidence, warranties...etc)
Performance(substnatial performance for service K, perfect tender for sale of goods)
Remedies(dont forget specific performance and Quasi K)
Excuse of Performance(conditions, anticipatory, impossibility, novation...etc)
Third Party beneficiaries, assignments, delegations

Thats the general order of how your answer should look except I like to put remedies last obviously...and any specific performance/quasi K discussion at the VERY end of the remedies discussion.

[CourtneyElizabeth]

Someone drop some UCC knowledge on me real quick.
So much for forgetting about Contracts. Now I'm worried.

[vacations]

Someone drop some UCC knowledge on me real quick.
So much for forgetting about Contracts. Now I'm worried.

are you worried because of the armadillo comment and how it should look on the exam?

FWIW, i think it's better to just let the facts guide you instead of adhering to a rigid template

[fl0w]

Someone drop some UCC knowledge on me real quick.
So much for forgetting about Contracts. Now I'm worried.

aside from applicable law... your UCC knowledge should be embedded in the rules you've memorized.

[a male human]

UCC stuff off the top of my head. This will be a good break from civ pro, and I'm doing K tomorrow anyway. Sale of goods (regardless of price) triggers these rules:

2-207 battle of forms (typically arises when merchants exchange boilerplate forms and the 2nd party adds/changes something):
Additional/different terms between merchants become part of the K, unless...
(1) offeree makes acceptance conditional on assent by offeror to additional terms
(2) offer limits acceptance to the terms of the K, K materially changed by addition/change, or offeror objects w/in reasonable time (or is it 10 days? no)
(3) knockout rule: If parties conduct themselves as if a valid K was formed even though there is a different term, the different term is knocked out of the K, left to be interpreted or renegotiated by the merchant parties (bit unclear on this)

Perfect tender rule: Goods must conform in all aspects ("perfect tender"), or buyer may reject, accept, or accept in part if commercially divisible.
- Seller has right to attempt to cure if there is time left for performance, if seller gives seasonable notice to buyer of intention to substitute. Make the delivery w/in deadline
- Seller has right to attempt to cure after performance deadline, if seller has reasonable grounds to believe nonconforming delivery would be acceptable to buyer, and if seller gives seasonable notice to buyer of intention to substitute, and if seller delivers w/in reasonable time (determine with trade usage, course of performance, etc.)

Firm offer: If a merchant gives offer to buy/sell in signed writing, and the offer assures it will be held open, it is irrevocable for up to 3 months

Statute of frauds: Requires writing if over $500. May be satisfied in the following FIVE ways (can't remember them all ATM).
- Writing signed by pt to be charged/sued, containing essential terms like quantity and parties and subject matter
- Written confirmation from merchant, signature from sending party is sufficient, must object to it by 10 days or else it's valid
- Part performance
- Admission in court
- Specially manufactured goods

Remedies: UCC seller can recover K price - resell price. UCC buyer can recover K price - cover price
Lost-volume seller: UCC seller who can sell as much as he can obtain. In this case, the seller can recover profit he would have made with the breached sale

There's also like a 10% limit to resale or some shit

Someone double check the "10 days" parts; I feel like some of them are 20 or 21 or something (too much civ pro?). Edit: Fixed all. 10 days only under SOF.

I do have a section at the end of my outline listing all the major UCC sections, but this was all done from memory, so someone confirm it.

[a male human]

Oh yeah don't forget modification under UCC only requires good faith unlike those common law prudes

[a male human]

Didn't have time to do any MBEs after just finishing up civ pro... Tomorrow will be busy(-ier). Kind of looking forward to a jurisdiction question now though

[CourtneyElizabeth]

Kind of looking forward to a jurisdiction question now though

Are you on drugs? I'm on Torts this morning.
Also, are you seriously staying up until 3am? I'm hitting the hay at 10 and getting up at like 830. I feel very inadequate.

[a male human]

Kind of looking forward to a jurisdiction question now though

Are you on drugs? I'm on Torts this morning.
Also, are you seriously staying up until 3am? I'm hitting the hay at 10 and getting up at like 830. I feel very inadequate.

I've been trying to stop before midnight. I was too tired yesterday to go on. Slept around 12:30. Maybe your forum settings are set to EST? Still feel inadequate and nervous about the whole thing, like maybe there's still something I don't "get" to get 65+

No drugs or caffeine, just zinc, fish oil and vitamin C.

Planning on doing K and part evidence today, plus making up for lack of MBE