BarBri - NY Exam - July 2014 Forum

[turquoiseturtle]

you should know i'm giving in, going to the bodega, and getting a red bull right now.

but.. but.. but.. your short term memory!

[turquoiseturtle]

I know we aren't supposed to make any assumptions about essays based on previous one, buuutt...... I'm SO glad that they tested easements in February. I hate hate hate trying to keep track of all of the different elements of the difference types of easements. If theres a property question I want tenancies or landlord-tenant stuff. So much easier than easements and covenants and equitable servitudes (I don't even know the difference between these)

speaking of tenancy's, one thing i wasn't sure of. If the word on the will or deed says "giving this to A and B as Joint Tenants" are they joint tenants? I thought the word "with right of survivorship" had to be in there expressly as well. Essay answers seem to say that Joint tenants is enough to make a joint tenancy without the words.

Ahh same confusion! I just ignored it when I read that essay and answers though. I really think the default is tenancy is common, and to have a joint tenancy with right of survivorship, there has to be language of survivorship.

I was sure it had to have those words as well but both those essays said "Since Joint Tenancy is stated, no need for Survivorship to be stated" so it seemed like that was the law. Usually on those you will have one guy say one side and other the other side, but here both said it was a JT when i was thinking it was 100% a Tenancy in Common.


OK while we are on this topic, A and B have a JT, they each decide to sell 10% of their rights to C. C now has 20%, A 40% and B 40%, are they all tenants in common, or only C is and A and B still have JT on their equal interests?

I'm pretty sure that C is a tenant in common and A and B remain JT. This is only the case if A and B sold to C jointly though. If A sold to C and then totally separately B sold to C, I think they are all tenants in common.

I think there have been some MBE multiple choice like this, but I don't have my MPQ near me so I can't look any up.

[pizzasodafries]

yeah clearly if they sold it separately than Tenants in Common. Wasn't sure about selling equal shares though, saw it in some MC question and was never sure what the law was.

[plath]

So I thought the 14th AMD P&I never was a correct answer? Mix subject set 3?

[TrustMeI'mAnActress]

So I thought the 14th AMD P&I never was a correct answer? Mix subject set 3?

HA! I also Contracts Clause come up a few times!

[thetashster]

you should know i'm giving in, going to the bodega, and getting a red bull right now.

but.. but.. but.. your short term memory!

after another panic attack, i just don't care anymore. sigh.
also, it was nice to see other human beings even if just for a couple minutes.

[pizzasodafries]

So I thought the 14th AMD P&I never was a correct answer? Mix subject set 3?

Never correct on Bar is different than on Barbri where they test us on everything.

Prof. Guzman said P & I of 14th CANT ever be an answer since Bar Examiners don't even know how to apply it.

[plath]

So I thought the 14th AMD P&I never was a correct answer? Mix subject set 3?

Never correct on Bar is different than on Barbri where they test us on everything.

Prof. Guzman said P & I of 14th CANT ever be an answer since Bar Examiners don't even know how to apply it.

So how come the answer to question 1 applies it perfectly

[pizzasodafries]

So I thought the 14th AMD P&I never was a correct answer? Mix subject set 3?

Never correct on Bar is different than on Barbri where they test us on everything.

Prof. Guzman said P & I of 14th CANT ever be an answer since Bar Examiners don't even know how to apply it.

So how come the answer to question 1 applies it perfectly

MBE question?

where?

[TrustMeI'mAnActress]

Anyone else really not like these February 2014 essays? I feel like they're more obscure/difficult than other essays. It seems the essays have been getting progressively longer over time.

[plath]

So I thought the 14th AMD P&I never was a correct answer? Mix subject set 3?

Never correct on Bar is different than on Barbri where they test us on everything.

Prof. Guzman said P & I of 14th CANT ever be an answer since Bar Examiners don't even know how to apply it.

So how come the answer to question 1 applies it perfectly

MBE question?

where?

Mixed set 3
answer also refers to a sup ct case

[pizzasodafries]

Oh, that can be a Barbri question though, we don't know for sure if the mixed sets are actual MBE questions. I would doubt they are since so many of them have exact same facts just a little twist to them, pretty sure each MBE question would be independent of any other question asked in years before.

[turquoiseturtle]

Anyone else really not like these February 2014 essays? I feel like they're more obscure/difficult than other essays. It seems the essays have been getting progressively longer over time.

I don't like them at all. I would've been really unhappy have to come up with elements of both those easements. Also, they got more difficult with the contracts questions by throwing in some personal property bailor/bailee stuff that I doubt I would have mentioned. Same with the torts question, the liability of a municipality, as soon as I read the answer i'm like 'ohhh yeah' but again I doubt I would've really said that.

Thank goodness there was nothing too crazy in the wills essay. I guess the last issue, who takes if there is no spouse and the son is disinherited was a little out there, but I think even if you didn't know the law it would be easy/logical to make up something.

[Sogui]

I'm using Themis but figured this was the most applicable thread for me.

I've been cramming my bar prep and as a result I've spent the last 2 weeks almost completely on taking MBE lectures+practice questions.

Only occasionally do I get diverted into a NY practice question. While MBE's can usually "trigger" my knowledge on the subject since the explanations are included in most answers, I'm extremely nervous about going into the essay questions on Tuesday. In my practice essays I routinely forget the name of the rule and usually 1-2 of the non-essential elements. Worse still, I haven't come back to many of those NY-specific subjects in 2-3 weeks (like Family Law) since I've been cramming the MBE subjects.

Long story short I feel like I can only fully recall a handful of important NY laws/distinctions and my only strategy going in is "IRAC".
I have 24hrs to rectify that. How can I get the most bang for my buck preparing for the NY essays?

[pizzasodafries]

I'm using Themis but figured this was the most applicable thread for me.

I've been cramming my bar prep and as a result I've spent the last 2 weeks almost completely on taking MBE lectures+practice questions.

Only occasionally do I get diverted into a NY practice question. While MBE's can usually "trigger" my knowledge on the subject since the explanations are included in most answers, I'm extremely nervous about going into the essay questions on Tuesday. In my practice essays I routinely forget the name of the rule and usually 1-2 of the non-essential elements. Worse still, I haven't come back to many of those NY-specific subjects in 2-3 weeks (like Family Law) since I've been cramming the MBE subjects.

Long story short I feel like I can only fully recall a handful of important NY laws/distinctions and my only strategy going in is "IRAC".
I have 24hrs to rectify that. How can I get the most bang for my buck preparing for the NY essays?

Read the handouts on Wills/Corp/Domestic relations/NY Practice

None of those are from MBE stuff and all will be on essays most likely. You need to be familiar with those topics at least broadly

The other others like Prof Respo and Fed Jurisdiction you can guess if you not familiar

[Helpful]

Wow, the model answers for some of Feb 14 are absurd. A much higher standard than some of the earlier models. I hope those are 10s.

Edit: Maybe there's a possibility BOLE started writing their own answers at some point? I haven't reviewed these closely enough to see if there are any mistakes of law or what not. But these are definitely different in length from the previous models.

[turquoiseturtle]

I'm using Themis but figured this was the most applicable thread for me.

I've been cramming my bar prep and as a result I've spent the last 2 weeks almost completely on taking MBE lectures+practice questions.

Only occasionally do I get diverted into a NY practice question. While MBE's can usually "trigger" my knowledge on the subject since the explanations are included in most answers, I'm extremely nervous about going into the essay questions on Tuesday. In my practice essays I routinely forget the name of the rule and usually 1-2 of the non-essential elements. Worse still, I haven't come back to many of those NY-specific subjects in 2-3 weeks (like Family Law) since I've been cramming the MBE subjects.

Long story short I feel like I can only fully recall a handful of important NY laws/distinctions and my only strategy going in is "IRAC".
I have 24hrs to rectify that. How can I get the most bang for my buck preparing for the NY essays?

Read the handouts on Wills/Corp/Domestic relations/NY Practice

None of those are from MBE stuff and all will be on essays most likely. You need to be familiar with those topics at least broadly

The other others like Prof Respo and Fed Jurisdiction you can guess if you not familiar

And among those I think the priority is Wills and Corporations. Its hard to guess some of the intestacy rules or elective share stuff. Same with corporations. Domestic relations since its all so wishy-washy "best interest of the child" I think is a bit simpler. And frequently there is an entire essay on just wills or just corporations.

With NY practice, glance over the statutes of limitations, but you can always guess what the limitation is. Also, the questions tend to hind at it, by the dates they give you. Like if the SoL is 3 years, the dates will either be 2 years 11 months or 3 years 1 month. I think NY practice comes up a lot in the MC, and frequently in the essays but is usually a minor point. Then, as mentioned earlier in the thread, review the requirements for preliminary injunctions. I think those two things are the most tested NY practice topics.

[Guchster]

Wow, the model answers for some of Feb 14 are absurd. A much higher standard than some of the earlier models. I hope those are 10s.

Edit: Maybe there's a possibility BOLE started writing their own answers at some point? I haven't reviewed these closely enough to see if there are any mistakes of law or what not. But these are definitely different in length from the previous models.

There's no way 99% of test takers could write some of those answers. They're uncharacteristically polished and very holistic. Either that civil procedure aspie from a few years ago that could quote statute numbers and letters for NY Practice rules came back to terrorize bar students or someone had help in editing.

Another possibility is that they all came from 2-3 people who were just insanely brilliant?

[turquoiseturtle]

Wow, the model answers for some of Feb 14 are absurd. A much higher standard than some of the earlier models. I hope those are 10s.

Edit: Maybe there's a possibility BOLE started writing their own answers at some point? I haven't reviewed these closely enough to see if there are any mistakes of law or what not. But these are definitely different in length from the previous models.

I doubt it, since there are two and it has the same disclosure that they're student answers not models and don't necessarily accurately reflect law. Also, if you look at the first answer to number five, the writer got mixed up between revoking a will and renouncing a gift. That's too wrong to just be a typo by BOLE.

[TrustMeI'mAnActress]

Wow, the model answers for some of Feb 14 are absurd. A much higher standard than some of the earlier models. I hope those are 10s.

Edit: Maybe there's a possibility BOLE started writing their own answers at some point? I haven't reviewed these closely enough to see if there are any mistakes of law or what not. But these are definitely different in length from the previous models.

I doubt it, since there are two and it has the same disclosure that they're student answers not models and don't necessarily accurately reflect law. Also, if you look at the first answer to number five, the writer got mixed up between revoking a will and renouncing a gift. That's too wrong to just be a typo by BOLE.

Also, principle vs. principal...eek.

[turquoiseturtle]

Wow, the model answers for some of Feb 14 are absurd. A much higher standard than some of the earlier models. I hope those are 10s.

Edit: Maybe there's a possibility BOLE started writing their own answers at some point? I haven't reviewed these closely enough to see if there are any mistakes of law or what not. But these are definitely different in length from the previous models.

There's no way 99% of test takers could write some of those answers. They're uncharacteristically polished and very holistic. Either that civil procedure aspie from a few years ago that could quote statute numbers and letters for NY Practice rules came back to terrorize bar students or someone had help in editing.

Another possibility is that they all came from 2-3 people who were just insanely brilliant?

Just remember guys, more than 4,000 people (4,032 to be precise), took the NY bar in February. That is SO SO SO many essays to choose model answers from. They are choosing really good ones to put online. There are literally thousands of essays that are worse than these.

[thetashster]

Wow, the model answers for some of Feb 14 are absurd. A much higher standard than some of the earlier models. I hope those are 10s.

Edit: Maybe there's a possibility BOLE started writing their own answers at some point? I haven't reviewed these closely enough to see if there are any mistakes of law or what not. But these are definitely different in length from the previous models.

There's no way 99% of test takers could write some of those answers. They're uncharacteristically polished and very holistic. Either that civil procedure aspie from a few years ago that could quote statute numbers and letters for NY Practice rules came back to terrorize bar students or someone had help in editing.

Another possibility is that they all came from 2-3 people who were just insanely brilliant?

Just remember guys, more than 4,000 people (4,032 to be precise), took the NY bar in February. That is SO SO SO many essays to choose model answers from. They are choosing really good ones to put online. There are literally thousands of essays that are worse than these.

i'm about to get a kindle book that publishes what perfect and 0 point essays look like. i'll let you know what i see.

[thetashster]

here is what a perfect 7/7 (for MA) looks like. at least part of the answer

[thetashster]

same prompt but an answer that got a 2/7

[turquoiseturtle]

Now I'm really tempted to see if I can buy a NY edition. I need to just reassure myself that we all studied really hard and we're all okay. Just IRAC! Be confident!