2015 February California Bar Exam

aretoodeetoo
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Re: 2015 February California Bar Exam

Postby aretoodeetoo » Thu Feb 26, 2015 8:58 am

s1m4 wrote:I wrote interpleader as well, but later realized I f***ed up because there was a case which said that when a holder of the property gets conflicting instruction his duty is to either care for the property himself, or to do an interpleader, and have the court care for it. So, instead of interpleader, I think a good answer would have been to hold the property in his care. Also, he would not be sued by the opposing counsel unless he converted the property by transferring the shares. By holding the property in his own care he would satisfy the duties of an escrow holder, as well as satisfy his duties to his client, which both him and the managing partner wanted to do.

However, on the actual exam I freaked out and wrote interpleader for all the reasons you stated. If I only had 30 more minutes!

praying for a 60 for finishing.


I did the old twiddle your thumbs for as close to 30 days as you can but if nerd & opposing counsel come in hot, have that interpleader on stand by. I also caught myself spelling Conner wrong in every freakin variation possible and thankfully fixed it before time ran out -> Conner, Connor, Conor.

Apologies in advance for half ranting and half commandeering every thread here. Three hours before we do it again.

BobbyBooBoo
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Re: 2015 February California Bar Exam

Postby BobbyBooBoo » Thu Feb 26, 2015 10:22 am

LAST DAY!

Woke up feeling refreshed, time to power through one final day.

Good job to all those who hang in there. Looks like we got lucky this time around, since July had such a low rate, it seems they did make up with it on this exam.

Hopefully no surprises on the third day.

Good luck everyone.

JJDancer
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Re: 2015 February California Bar Exam

Postby JJDancer » Thu Feb 26, 2015 2:15 pm

redblueyellow wrote:
JJDancer wrote:Good luck everyone!

Keep chugging on!

Back to essays and PTs tomorrow.

I know I definitely benefited from printing out various types of PTs and just glancing through them to get the structure.

You got it!

You can pass, you will pass!!


Do you think they reuse PT styles from day 1 to day 3? Or is it always a new PT format each time? Cause if it's the latter, I can completely disregard what we had on Tuesday and look at formatting only for tomorrow on the other 8-9 types or whatever it is.


I think it's possible to get two memos or whatever but the structure within the memo will be different. I think the issue isn't necessarily the type of PT in terms of brief, memo, letter etc. but rather how to structure an argument.

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esq
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Re: 2015 February California Bar Exam

Postby esq » Thu Feb 26, 2015 4:15 pm

Woke up feeling hung-over...

Was it just me, or were the essays today softballs when compared to Tues?

aretoodeetoo
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Re: 2015 February California Bar Exam

Postby aretoodeetoo » Thu Feb 26, 2015 4:17 pm

Yo I may or may not have started writing about ascertained or "unascertained" bears or monkeys or whatever the fuck the animal was. I think I deleted it but everything is a haze. Holy crap that would be awful.

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esq
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Re: 2015 February California Bar Exam

Postby esq » Thu Feb 26, 2015 4:22 pm

It's all good...I said pecuniary, compensatory, reliance, and expectancy far too many times to be proud of myself when I look in the mirror anymore.

Barbarbara
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Re: 2015 February California Bar Exam

Postby Barbarbara » Thu Feb 26, 2015 4:26 pm

Good call to whoever said there might be remedies again!

I felt like today's essays were tougher than Tuesday's. Well, maybe not more difficult, but there was just a lot more that was asked. Definitely used all my time today.

Astronaut Teemo
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Re: 2015 February California Bar Exam

Postby Astronaut Teemo » Thu Feb 26, 2015 4:43 pm

Well guys. I definitely fucked up.

First one, I'm afraid I talked about a ton of irrelevant stuff. I opened it up by talking about applicable law, valid contract, anticipatory repudiation (breach), defenses to breach (mistake). Because I figured that I needed to establish that there was a breach before I could even talk about remedies. But I did get specific performance in there, ejectment, TRO (not preliminary injunction), expectation damages, recession, consequential damages, reliance damages, damages for waste.

Last one.. My god. I fucked that one up. Said the other two wills were invalid. There was no capacity because there was a court ordered conservatorship. That's pretty much the court telling you, you're not even mentally okay to handle your own day to day affairs let alone make a will. Even if she has capacity, there was no intent, she didn't even know about it. Even with the 2014 Will, I said no capacity and L as Ts lawyer should have known about this.


I don't even feel like showing up for PTs. I know you guys don't owe me any duty but I feel like I've fallen hard.
Last edited by Astronaut Teemo on Thu Feb 26, 2015 4:50 pm, edited 2 times in total.

Biotech
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Re: 2015 February California Bar Exam

Postby Biotech » Thu Feb 26, 2015 4:44 pm

Save the trees!!

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esq
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Re: 2015 February California Bar Exam

Postby esq » Thu Feb 26, 2015 4:49 pm

You're probably good Teemo. Fucking up on one, while killing it on the other it looks like, isn't gonna kill you. Besides, from what I've seen on these boards, it's hard to get less than 50-55 even where you really fucked it up as long as they see effort.

CourtneyElizabeth
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Re: 2015 February California Bar Exam

Postby CourtneyElizabeth » Thu Feb 26, 2015 4:50 pm

Those are some big beautiful oaks.
I can't believe It was a full on remedies hahaha
and I walked out and literally yelled fuck because I didn't mention specific duties of partners. Kill me. Kill. Me.

Astronaut Teemo
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Re: 2015 February California Bar Exam

Postby Astronaut Teemo » Thu Feb 26, 2015 4:53 pm

esq wrote:You're probably good Teemo. Fucking up on one, while killing it on the other it looks like, isn't gonna kill you. Besides, from what I've seen on these boards, it's hard to get less than 50-55 even where you really fucked it up as long as they see effort.


Thanks Esq.

Scared I fucked up the first Tues one too because I did the same thing.. Anticipatory repudiation and demand for assurances but I thought it was alright because they were asking for the rights and remedies of the parties.

Esq. I wish I could buy you a beer. Thanks man.

aretoodeetoo
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Re: 2015 February California Bar Exam

Postby aretoodeetoo » Thu Feb 26, 2015 4:58 pm

So close I'm not even annoyed anymore, can't believe I'm going to be done...in 4 hours.

Hope2015
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Re: 2015 February California Bar Exam

Postby Hope2015 » Thu Feb 26, 2015 5:02 pm

That was not typical wills question. Similarly civ pro was different on Tuesday!!!!

Barbarbara
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Re: 2015 February California Bar Exam

Postby Barbarbara » Thu Feb 26, 2015 5:04 pm

aretoodeetoo wrote:So close I'm not even annoyed anymore, can't believe I'm going to be done...in 4 hours.


Me too. Fuck the exam. It's almost over, and we're almost done!

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a male human
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Re: 2015 February California Bar Exam

Postby a male human » Thu Feb 26, 2015 5:05 pm

Astronaut Teemo wrote:Well guys. I definitely fucked up.

First one, I'm afraid I talked about a ton of irrelevant stuff. I opened it up by talking about applicable law, valid contract, anticipatory repudiation (breach), defenses to breach (mistake). Because I figured that I needed to establish that there was a breach before I could even talk about remedies. But I did get specific performance in there, ejectment, TRO (not preliminary injunction), expectation damages, recession, consequential damages, reliance damages, damages for waste.

Last one.. My god. I fucked that one up. Said the other two wills were invalid. There was no capacity because there was a court ordered conservatorship. That's pretty much the court telling you, you're not even mentally okay to handle your own day to day affairs let alone make a will. Even if she has capacity, there was no intent, she didn't even know about it. Even with the 2014 Will, I said no capacity and L as Ts lawyer should have known about this.


I don't even feel like showing up for PTs. I know you guys don't owe me any duty but I feel like I've fallen hard.

Kill it on the PT to make a comeback. You never know until you try.

Image
Last edited by a male human on Thu Feb 26, 2015 5:06 pm, edited 1 time in total.

Barbarbara
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Re: 2015 February California Bar Exam

Postby Barbarbara » Thu Feb 26, 2015 5:05 pm

Also, I'll just leave this here: http://en.wikipedia.org/wiki/List_of_oldest_trees

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esq
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Re: 2015 February California Bar Exam

Postby esq » Thu Feb 26, 2015 5:06 pm

Will definitely need one after the PT's done Teemo...the sooner I can get skunk drunk, the sooner I can stop dwelling on this test and move on with life!

BTW, did anyone else think that Andy was a sly sonofabitch?

CourtneyElizabeth
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Re: 2015 February California Bar Exam

Postby CourtneyElizabeth » Thu Feb 26, 2015 5:07 pm

Astronaut Teemo wrote:
esq wrote:You're probably good Teemo. Fucking up on one, while killing it on the other it looks like, isn't gonna kill you. Besides, from what I've seen on these boards, it's hard to get less than 50-55 even where you really fucked it up as long as they see effort.


Thanks Esq.

Scared I fucked up the first Tues one too because I did the same thing.. Anticipatory repudiation and demand for assurances but I thought it was alright because they were asking for the rights and remedies of the parties.

Esq. I wish I could buy you a beer. Thanks man.


I did antic repud and adequate assurances as well and I'm sure a tooonnn of people did. Don't worry about it nothing we can do about now. We're done so soon. I'm currently eating a pizookie at BJ'S restaurant. Pretty bomb life if you ask me.

Also FUCK Andy that freelancing close corp having tHief

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a male human
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Re: 2015 February California Bar Exam

Postby a male human » Thu Feb 26, 2015 5:08 pm

why haven't i moved on... i'm a ghost still trying to beat the bar

let me rest in peace

aretoodeetoo
Posts: 73
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Re: 2015 February California Bar Exam

Postby aretoodeetoo » Thu Feb 26, 2015 5:09 pm

I literally can't stop smiling. I don't remember feeling this happy about something in awhile. First bar exam and it really was bad times for prep. Like horrible bad. The exam sucked but prep was the worst. Worse than work.

Andy was sly? I don't give a shit!

Astronaut Teemo
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Re: 2015 February California Bar Exam

Postby Astronaut Teemo » Thu Feb 26, 2015 5:15 pm

CourtneyElizabeth wrote:
Astronaut Teemo wrote:
esq wrote:You're probably good Teemo. Fucking up on one, while killing it on the other it looks like, isn't gonna kill you. Besides, from what I've seen on these boards, it's hard to get less than 50-55 even where you really fucked it up as long as they see effort.


Thanks Esq.

Scared I fucked up the first Tues one too because I did the same thing.. Anticipatory repudiation and demand for assurances but I thought it was alright because they were asking for the rights and remedies of the parties.

Esq. I wish I could buy you a beer. Thanks man.


I did antic repud and adequate assurances as well and I'm sure a tooonnn of people did. Don't worry about it nothing we can do about now. We're done so soon. I'm currently eating a pizookie at BJ'S restaurant. Pretty bomb life if you ask me.

Also FUCK Andy that freelancing close corp having tHief


Fuck I didn't even talk too much about the Corp thing. Wasn't sure if I needed to talk about piercing corporate veil. With respect to Corp, all I said was TBA could claim that Corp should be responsible not them. But I said the argument would fail because, even if that were the case, Andy was still a partner in TBA. I wasn't even sure it was that big of an issue but the more I think about it, I should have said more..Because A could claim not liability for the defamation because he could say his corp did it. Fuck me

ashle484
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Re: 2015 February California Bar Exam

Postby ashle484 » Thu Feb 26, 2015 5:16 pm

To those freaking out about mentioning anticipatory repudiation-wouldn't worry too much about it. I did the same thing over the summer and thought I had screwed myself over because it was clearly a remedies essay. I passed and the model answers on the cal bar site both actually have a brief introduction with governing law and anticipatory repudiation. I don't know what score obviously I ended up getting on the essay, but so long as you hit the other major points as far as remedies goes, and with good analysis, don't see that as a major problem.
CourtneyElizabeth wrote:
Astronaut Teemo wrote:
esq wrote:You're probably good Teemo. Fucking up on one, while killing it on the other it looks like, isn't gonna kill you. Besides, from what I've seen on these boards, it's hard to get less than 50-55 even where you really fucked it up as long as they see effort.


Thanks Esq.

Scared I fucked up the first Tues one too because I did the same thing.. Anticipatory repudiation and demand for assurances but I thought it was alright because they were asking for the rights and remedies of the parties.

Esq. I wish I could buy you a beer. Thanks man.


I did antic repud and adequate assurances as well and I'm sure a tooonnn of people did. Don't worry about it nothing we can do about now. We're done so soon. I'm currently eating a pizookie at BJ'S restaurant. Pretty bomb life if you ask me.

Also FUCK Andy that freelancing close corp having tHief

TitoSantana
Posts: 40
Joined: Fri Jul 04, 2014 8:51 pm

Re: 2015 February California Bar Exam

Postby TitoSantana » Thu Feb 26, 2015 5:23 pm

Seriously, if your don't feel like you did that well, you're not alone. Don't worry and don't try too hard on the PT. Your mom will still love you. On second thought, take the rest of the day off. You're welcome

adonai
Posts: 1033
Joined: Mon Apr 23, 2007 9:09 pm

Re: 2015 February California Bar Exam

Postby adonai » Thu Feb 26, 2015 5:43 pm

Astronaut Teemo wrote:Well guys. I definitely fucked up.

First one, I'm afraid I talked about a ton of irrelevant stuff. I opened it up by talking about applicable law, valid contract, anticipatory repudiation (breach), defenses to breach (mistake). Because I figured that I needed to establish that there was a breach before I could even talk about remedies. But I did get specific performance in there, ejectment, TRO (not preliminary injunction), expectation damages, recession, consequential damages, reliance damages, damages for waste.

Last one.. My god. I fucked that one up. Said the other two wills were invalid. There was no capacity because there was a court ordered conservatorship. That's pretty much the court telling you, you're not even mentally okay to handle your own day to day affairs let alone make a will. Even if she has capacity, there was no intent, she didn't even know about it. Even with the 2014 Will, I said no capacity and L as Ts lawyer should have known about this.


I don't even feel like showing up for PTs. I know you guys don't owe me any duty but I feel like I've fallen hard.

For July 2014, I also overanalyzed the contract formation part, even though the facts said a proper K was formed. Ran out of time on the actual analyzing remedies part. Did not put anticipatory repudiation, restitution, or SP. Wasted time with another irrelevant issue.

I passed.




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