July 2015 California Bar Exam Forum

[brotherdarkness]

CrimPro Question:
In a search incident to an arrest that doesn't include a car, what kind of evidence can be seized? I know the purpose is to look for weapons or evidence that the arrestee may have tried to destroy or hide, but what if the cops find something completely unrelated to the crime for which the arrest was made?

The majority test is "Wingspan." May search whatever is in D's wingspan or reach at time of arrest.

Alternatively, if arrested in a home, may perform a cursory search of the entire home IF reasonable suspicion of other criminals.

Interesting. During the cursory search of the home, are they limited to "plain view" evidence, or can they go digging?

I found the case just in case you thought I was making shit up. I had this come up in when taking CrimPro in LS: Maryland v. Buie, 494 U.S. 325, 334 (1990): "This "sweep" is not to be a full-blown, "top-to-bottom" search, but only "a cursory inspection of those spaces where a person may be found.""

It'd be a great MBE too

Perfect, that's exactly what I was looking for -- they're looking for people, and therefore can only look where a person might be (and so opening a drawer or a box or whatever would trigger a 4th Amendment issue). Thanks for looking it up.

[Underoath]

I fly out of LAX on Thursday right after the bar exam. Flight is at 9:20, I really don't want to take my laptop or leave it in my car. is it possible to drop it off at home in Riverside and still make it to LAX on time? How long does it take on the last day to get out of exam? Roughly...

Well I think Thursday we ran late, it was after 5:00. Then you deal with the sea of people getting out. I can only imagine it's twice the size in July. I don't envy you having to go to Riverside and to LAX after the bar. I'm meeting friends after to drink lol I didn't plan on driving anywhere my brain was shot.

ugh...I''ll just leave my laptop in my car then. Thanks

Nice, nice. Soooo what kind of car do you drive? Color? And by any chance do you know where you plan to park it?

My car is shitty...I have a toyota, but I'm leaving it at my friend's house. Only reason I won't leave it inside is because she allows other people access to her home. I think about 4 people have keys. Once my laptop is gone, it's gone.

[Underoath]

I fly out of LAX on Thursday right after the bar exam. Flight is at 9:20, I really don't want to take my laptop or leave it in my car. is it possible to drop it off at home in Riverside and still make it to LAX on time? How long does it take on the last day to get out of exam? Roughly...

Well I think Thursday we ran late, it was after 5:00. Then you deal with the sea of people getting out. I can only imagine it's twice the size in July. I don't envy you having to go to Riverside and to LAX after the bar. I'm meeting friends after to drink lol I didn't plan on driving anywhere my brain was shot.

ugh...I''ll just leave my laptop in my car then. Thanks

Nice, nice. Soooo what kind of car do you drive? Color? And by any chance do you know where you plan to park it?

My car is shitty...I have a toyota, but I'm leaving it at my friend's house. Only reason I won't leave it inside is because she allows other people access to her home. I think about 4 people have keys. Once my laptop is gone, it's gone.

WHOA I should be ashamed...I didn't pick up your joke. Fuck this bar exam!!! Reading comp FAIL...maybe that's why I am scoring bad on MBE.

[SpAcEmAn SpLiFF]

Quick Community Property Questions:
If CP is spent towards an educational degree, but it doesn't end up increasing the spouse's earning capacity (let's say the wifey went and got a real stupid degree), is the community still entitled to a reimbursement for the tuition alone?

Also, what if the spouse only marginally benefited from the earning capacity, but ten years had already elapsed for the expensive degree? Is the community entitled to reimbursement for tuition despite the time elapsed since the degree was earned?

Lastly, if a husband incurred a massive amount of gambling debt during the marriage, is this presumed to be the community's liability? What would the wife want to do in this situation? Would she try to trace the money he gambled with to SP?

[Joie]

^those nuances are too specific to be worrying about.

[robinhoodOO]

Quick Community Property Questions:
If CP is spent towards an educational degree, but it doesn't end up increasing the spouse's earning capacity (let's say the wifey went and got a real stupid degree), is the community still entitled to a reimbursement for the tuition alone?

Also, what if the spouse only marginally benefited from the earning capacity, but ten years had already elapsed for the expensive degree? Is the community entitled to reimbursement for tuition despite the time elapsed since the degree was earned?

Lastly, if a husband incurred a massive amount of gambling debt during the marriage, is this presumed to be the community's liability? What would the wife want to do in this situation? Would she try to trace the money he gambled with to SP?

First question: No reimbursement. It must "substantially enhances earning capacity" for her future.

2nd Question: Again, no. It must be substantial for the reimbursement to kick-in, and it is presumed to have been reimbursed after 10 years. This is rebuttable, but nigh impossible

3rd Question: I think the gambling Q is a tricky question. Technically, if we're talking loans, we're talking primary intent of the lender. Torts, etc., relate to whether it's for the benefit of the community. Either way: If (1) Not for benefit of the community or (2) Intent of the lender is to look solely to SP, then: Go after H's SP first until exhausted, then CP. Wife's SP is protected.

[Charger]

Quick Community Property Questions:
If CP is spent towards an educational degree, but it doesn't end up increasing the spouse's earning capacity (let's say the wifey went and got a real stupid degree), is the community still entitled to a reimbursement for the tuition alone?

Also, what if the spouse only marginally benefited from the earning capacity, but ten years had already elapsed for the expensive degree? Is the community entitled to reimbursement for tuition despite the time elapsed since the degree was earned?

Lastly, if a husband incurred a massive amount of gambling debt during the marriage, is this presumed to be the community's liability? What would the wife want to do in this situation? Would she try to trace the money he gambled with to SP?

First question: No reimbursement. It must "substantially enhances earning capacity" for her future.

2nd Question: Again, no. It must be substantial for the reimbursement to kick-in, and it is presumed to have been reimbursed after 10 years. This is rebuttable, but nigh impossible

3rd Question: I think the gambling Q is a tricky question. Technically, if we're talking loans, we're talking primary intent of the lender. Torts, etc., relate to whether it's for the benefit of the community. Either way: If (1) Not for benefit of the community or (2) Intent of the lender is to look solely to SP, then: Go after H's SP first until exhausted, then CP. Wife's SP is protected.

I would also do at least a few sentences on breach of fiduciary duty, whether gambling away CP was reckless or grossly negligent, etc.

[Loud Kiddington]

Have signed a “Release of Liability” form, which confirms that you have accepted the conditions associated with using your laptop computer and that the Committee of Bar Examiners assumes no liability in the event there is an electrical problem or a technical or mechanical failure of the equipment or software during the examination;

Is this something they give us or we print ourselves?

[fadedsunrise]

Have signed a “Release of Liability” form, which confirms that you have accepted the conditions associated with using your laptop computer and that the Committee of Bar Examiners assumes no liability in the event there is an electrical problem or a technical or mechanical failure of the equipment or software during the examination;

Is this something they give us or we print ourselves?

Did we not sign this when we applied to use laptops? AFAIK, as least.

[robinhoodOO]

Have signed a “Release of Liability” form, which confirms that you have accepted the conditions associated with using your laptop computer and that the Committee of Bar Examiners assumes no liability in the event there is an electrical problem or a technical or mechanical failure of the equipment or software during the examination;

Is this something they give us or we print ourselves?

I believe you "signed" it when you agreed to their terms and conditions when we downloaded their software, etc.

[robinhoodOO]

Have signed a “Release of Liability” form, which confirms that you have accepted the conditions associated with using your laptop computer and that the Committee of Bar Examiners assumes no liability in the event there is an electrical problem or a technical or mechanical failure of the equipment or software during the examination;

Is this something they give us or we print ourselves?

Did we not sign this when we applied to use laptops? AFAIK, as least.

I've talked with a dozen people from LS about this. We're all convinced it was agreed to in March when we signed up or via terms & service agreement when we downloaded Examsoft

If anyone knows differently, feel free to jump in

[brotherdarkness]

Have signed a “Release of Liability” form, which confirms that you have accepted the conditions associated with using your laptop computer and that the Committee of Bar Examiners assumes no liability in the event there is an electrical problem or a technical or mechanical failure of the equipment or software during the examination;

Is this something they give us or we print ourselves?

Did we not sign this when we applied to use laptops? AFAIK, as least.

I've talked with a dozen people from LS about this. We're all convinced it was agreed to in March when we signed up or via terms & service agreement when we downloaded Examsoft

If anyone knows differently, feel free to jump in

Pretty sure I clicked something when I downloaded Examsoft (I just did this like four days ago). Hopefully it's all taken care of, because I'm not trying to show up with a laptop only to be told that I didn't do something and now have to handwrite the damn thing.

IIRC, it said something to the effect of "we are not responsible if this shitty software we make you use fucks up and causes you to fail the test."

[sopranorleone]

Have signed a “Release of Liability” form, which confirms that you have accepted the conditions associated with using your laptop computer and that the Committee of Bar Examiners assumes no liability in the event there is an electrical problem or a technical or mechanical failure of the equipment or software during the examination;

Is this something they give us or we print ourselves?

Did we not sign this when we applied to use laptops? AFAIK, as least.

I've talked with a dozen people from LS about this. We're all convinced it was agreed to in March when we signed up or via terms & service agreement when we downloaded Examsoft

If anyone knows differently, feel free to jump in

Pretty sure I clicked something when I downloaded Examsoft (I just did this like four days ago). Hopefully it's all taken care of, because I'm not trying to show up with a laptop only to be told that I didn't do something and now have to handwrite the damn thing.

IIRC, it said something to the effect of "we are not responsible if this shitty software we make you use fucks up and causes you to fail the test."

If this happens to me, I'm actually going to walk out and give up on being an attorney haha

[a male human]

I've never died, so statistically speaking I'm going to live forever. Or at least for the next few days, probably.

And so will you. At some point you’ll reach a state of existence where you don't need to study for this particular bar exam. When the anxiety of the bar approached, that thought kept me going—even looking forward to the end.

Yes, the bar will eventually be over, just like how we’ve already passed through these fleeting months. Wow, so ~moving and unforgettable~ like graduation week when we signed each other's yearbooks with throbbing hearts and the popular kids had to buy inserts to get even more comments DAMN YOU

On the other hand, brooding about the bar at this point doesn't impact the past or the future but takes away your energy in the present. Time travel costs energy, as confirmed by Stephen King.

If you’re obsessing over whether you’ve done enough in the past two months, you’re going back to the past. If you’re anxious and having nightmares about what kind of questions will appear, you’re jumping ahead to the future and to conclusions.

What am I trying to get at? The considerations above were important earlier in your bar prep, but now is the time to conserve your mental energy.

It’s totally natural and tempting to worry (and have nightmares)…and you are not alone! Twice a year, thousands upon thousands of examinees fall prey to their own survival instincts. So whenever you find yourself in another era, breathe and gently bring yourself back to the present.

You'll probably be fueled by adrenaline and panic anyway, but being in your top shape can't hurt. You'll need the energy to keep you going for 18 hours, to say “no” to the voice that seduces you saying maybe you should just give up. You'll need it to face unexpected contingencies like SofTest failure, insomnia, and getting lost in the neighborhood during lunch (which all happened to me last time).

Have you done all you could with preparation? If you've done your best, have no regrets.
- It's too late for that now. The cards have already been dealt. It's happening.
- It's also too early for that. You will have plenty of time afterward to relive the experience in an endless loop.

Instead, focus on not being pulled into their pace over the next final week: Organize your outlines, cooked essays, and other review material to bring to your hotel/motel. Have your Ziploc® bag ready. Remember to "be arrogant" on Tuesday. Consider not answering the essays in order, depending on how comfortable you feel about each subject.

Check off one day at a time: __ Tuesday __ Wednesday __ Thursday

Every day you can look forward to something nice, like dinner or smashing your face into a pillow.

Do your best and good luck. I'll be waiting.

***

I know for most of you, this is your first time attempting the bar. You might be panicking or feeling cocky or feeling utterly confused. All natural reactions.

However, the exam has already begun. How you carry yourself from today, up until you confirm that all your answers have been delivered, is going to impact your performance or at the least your mental state.

I humbly hope that my words allow you to call forth your best efforts.

[brotherdarkness]

You might be ... feeling cocky.

Felt this way in May/June. Not anymore.

[robinhoodOO]

Have signed a “Release of Liability” form, which confirms that you have accepted the conditions associated with using your laptop computer and that the Committee of Bar Examiners assumes no liability in the event there is an electrical problem or a technical or mechanical failure of the equipment or software during the examination;

Is this something they give us or we print ourselves?

Did we not sign this when we applied to use laptops? AFAIK, as least.

I've talked with a dozen people from LS about this. We're all convinced it was agreed to in March when we signed up or via terms & service agreement when we downloaded Examsoft

If anyone knows differently, feel free to jump in

Pretty sure I clicked something when I downloaded Examsoft (I just did this like four days ago). Hopefully it's all taken care of, because I'm not trying to show up with a laptop only to be told that I didn't do something and now have to handwrite the damn thing.

IIRC, it said something to the effect of "we are not responsible if this shitty software we make you use fucks up and causes you to fail the test."

If this happens to me, I'm actually going to walk out and give up on being an attorney haha

Seems like an unconscionable provision in a contract of adhesion

[SpAcEmAn SpLiFF]

Quick Community Property Questions:
If CP is spent towards an educational degree, but it doesn't end up increasing the spouse's earning capacity (let's say the wifey went and got a real stupid degree), is the community still entitled to a reimbursement for the tuition alone?

Also, what if the spouse only marginally benefited from the earning capacity, but ten years had already elapsed for the expensive degree? Is the community entitled to reimbursement for tuition despite the time elapsed since the degree was earned?

Lastly, if a husband incurred a massive amount of gambling debt during the marriage, is this presumed to be the community's liability? What would the wife want to do in this situation? Would she try to trace the money he gambled with to SP?

First question: No reimbursement. It must "substantially enhances earning capacity" for her future.

2nd Question: Again, no. It must be substantial for the reimbursement to kick-in, and it is presumed to have been reimbursed after 10 years. This is rebuttable, but nigh impossible

3rd Question: I think the gambling Q is a tricky question. Technically, if we're talking loans, we're talking primary intent of the lender. Torts, etc., relate to whether it's for the benefit of the community. Either way: If (1) Not for benefit of the community or (2) Intent of the lender is to look solely to SP, then: Go after H's SP first until exhausted, then CP. Wife's SP is protected.

I would also do at least a few sentences on breach of fiduciary duty, whether gambling away CP was reckless or grossly negligent, etc.

Is there a hard and fast rule for what happens when one spouse breaches that fiduciary duty or does it depend on the circumstances?

Thanks btw guys

[robinhoodOO]

Quick Community Property Questions:
If CP is spent towards an educational degree, but it doesn't end up increasing the spouse's earning capacity (let's say the wifey went and got a real stupid degree), is the community still entitled to a reimbursement for the tuition alone?

Also, what if the spouse only marginally benefited from the earning capacity, but ten years had already elapsed for the expensive degree? Is the community entitled to reimbursement for tuition despite the time elapsed since the degree was earned?

Lastly, if a husband incurred a massive amount of gambling debt during the marriage, is this presumed to be the community's liability? What would the wife want to do in this situation? Would she try to trace the money he gambled with to SP?

First question: No reimbursement. It must "substantially enhances earning capacity" for her future.

2nd Question: Again, no. It must be substantial for the reimbursement to kick-in, and it is presumed to have been reimbursed after 10 years. This is rebuttable, but nigh impossible

3rd Question: I think the gambling Q is a tricky question. Technically, if we're talking loans, we're talking primary intent of the lender. Torts, etc., relate to whether it's for the benefit of the community. Either way: If (1) Not for benefit of the community or (2) Intent of the lender is to look solely to SP, then: Go after H's SP first until exhausted, then CP. Wife's SP is protected.

I would also do at least a few sentences on breach of fiduciary duty, whether gambling away CP was reckless or grossly negligent, etc.

Is there a hard and fast rule for what happens when one spouse breaches that fiduciary duty or does it depend on the circumstances?

Thanks btw guys

Depends on the circumstances and there is some discretion. Say a spouse improperly transfers real property and couple later divorces:

1) Spouse can likely undo the transfer, so long as the buyer/receiver is not a BFP (w/o notice & for value)
2) Spouse can likely receive a portion (perhaps all) of wrongdoer spouse's CP Share; thereby, getting entirety of the home (again, discretionary to some extent).
3) Attorney's fees and cost.

[mushybrain]

People commuting in without a car/hotel room to store shit, are you leaving your phone at home or just leaving it in a bag in the hallway? What's the norm? It'd be nice to have on my way in in case something goes wrong with my travel plans, but obv not mission critical.

[notcool]

Random question but the ticket bulletin says you can't wear a hood.... Can you wear a hooded sweatshirt as long as you don't actually put the hood up?

[target]

People commuting in without a car/hotel room to store shit, are you leaving your phone at home or just leaving it in a bag in the hallway? What's the norm? It'd be nice to have on my way in in case something goes wrong with my travel plans, but obv not mission critical.

I would leave it in the car and bring the key with me, so there is no risk of losing my phone.

Also, I was walking by Sac convention center and felt the chill down my core. I am definitely not ready for this.

[brotherdarkness]

Random question but the ticket bulletin says you can't wear a hood.... Can you wear a hooded sweatshirt as long as you don't actually put the hood up?

Someone told me that they'll make you tuck the hood in, but I don't know for sure. I cut the hood off of my hoodie. Srs.

[BuenAbogado]

Quick Community Property Questions:
If CP is spent towards an educational degree, but it doesn't end up increasing the spouse's earning capacity (let's say the wifey went and got a real stupid degree), is the community still entitled to a reimbursement for the tuition alone?

Also, what if the spouse only marginally benefited from the earning capacity, but ten years had already elapsed for the expensive degree? Is the community entitled to reimbursement for tuition despite the time elapsed since the degree was earned?

Lastly, if a husband incurred a massive amount of gambling debt during the marriage, is this presumed to be the community's liability? What would the wife want to do in this situation? Would she try to trace the money he gambled with to SP?

First question: No reimbursement. It must "substantially enhances earning capacity" for her future.

2nd Question: Again, no. It must be substantial for the reimbursement to kick-in, and it is presumed to have been reimbursed after 10 years. This is rebuttable, but nigh impossible

3rd Question: I think the gambling Q is a tricky question. Technically, if we're talking loans, we're talking primary intent of the lender. Torts, etc., relate to whether it's for the benefit of the community. Either way: If (1) Not for benefit of the community or (2) Intent of the lender is to look solely to SP, then: Go after H's SP first until exhausted, then CP. Wife's SP is protected.

I would also do at least a few sentences on breach of fiduciary duty, whether gambling away CP was reckless or grossly negligent, etc.

Is there a hard and fast rule for what happens when one spouse breaches that fiduciary duty or does it depend on the circumstances?

Thanks btw guys

Depends on the circumstances and there is some discretion. Say a spouse improperly transfers real property and couple later divorces:

1) Spouse can likely undo the transfer, so long as the buyer/receiver is not a BFP (w/o notice & for value)
2) Spouse can likely receive a portion (perhaps all) of wrongdoer spouse's CP Share; thereby, getting entirety of the home (again, discretionary to some extent).
3) Attorney's fees and cost.

CA trio of the day:

1. FRCP - If you're in state to testify for civil matter, youre immune from service of process. CA - you got served
2. FRE - if something has any tendency to make the existence of any fact that is of consequence to determination of action more or less probable than it would be without the evidence it is relevant CEC - the fact of consequence must also be in dispute.
3. ABA - Attorney client privilege lasts foreva eva foreva eva. CA - terminates when estate settled

Your turn.

[BrokenMouse]

lol

[robinhoodOO]

Hey guys, have we discussed subjects likely to be on the essays? Sorry I'm kind of newb and do not know how to search through threads for this post. (Not that I'm basing my studies around speculation)

Yes, there is an entire thread dedicated to it.

Here you go

http://top-law-schools.com/forums/viewt ... 1&t=251581