Re: July 2015 California Bar Exam
Posted: Mon Jul 20, 2015 10:33 pm
10 bucks says trusts wont even be on this exam.
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Predictions are saying CP/Wills crossover, but have highlighted that Wills could be subbed for Trusts.InTheWideLand I Walk wrote:10 bucks says trusts wont even be on this exam.
yeah. im going to spend my time studying for securities instead.. id be more afraid of that.... like a 10b5 and then 16b racehorse essay with multiple characters doing shady shit. the fact it came up subtly in july 2014, I think, is a hint that they are putting us on notice that it is going to come back, and come back hard. securities has come up within 1 year of itself before. but then again, businessy kind of issues have appeared on the last 2 exams... but securities is so much different than the other bs. anyway, heres been the trusts:robinhoodOO wrote:Predictions are saying CP/Wills crossover, but have highlighted that Wills could be subbed for Trusts.InTheWideLand I Walk wrote:10 bucks says trusts wont even be on this exam.
Regardless, Wills and Trusts are pretty straightforward...We'd be so lucky
Hmm, interesting point. I don't think it would come in under MIMIC, unless the embezzlement charge was somehow related to mail fraud in that D had committed embezzlement previously using the mail or something like that (for common plan/identity). A bit of a stretch, I think?BuenAbogado wrote:However, what you need to do on an essay is try to find a way to admit the embezzlement charge using the MIMIC exceptions. Won't go into that, you gotta do that on your own.
Elements of mail fraud (ty, wiki):SpAcEmAn SpLiFF wrote: I believe that the character wouldn't be at issue in mail fraud, which is why D is the wrong answer. The requirements to prove mail fraud don't include any sort of character, whereas, for example, a tort of negligent entrustment requires the plaintiff to prove a character for negligence.
14th amendment P&I is only for right to travel.redblueyellow wrote:How and when do you use the privileges and immunities (both 14th and 5th) clauses in an essay? My outline materials say it's not applicable to corps, and that's primarily used to ensure that a state does not discriminate against an out of stater attempting to travel across its borders.
Thanks!Tiago Splitter wrote:14th amendment P&I is only for right to travel.redblueyellow wrote:How and when do you use the privileges and immunities (both 14th and 5th) clauses in an essay? My outline materials say it's not applicable to corps, and that's primarily used to ensure that a state does not discriminate against an out of stater attempting to travel across its borders.
Article IV P&I is used if a state discriminates against out of staters. If they do, it can't be with regard to fundamental rights or important economic interests like earning a living. If those types of discrimination do happen, they must be necessary to achieve an important government purpose.
I've boiled securities down into pretty straightforward stuff. Guess I should make sure I do another pass just in case. Are you thinking like tippee-tipper by one, then misappropriations by another? What was the last test on it, like 2004?InTheWideLand I Walk wrote:yeah. im going to spend my time studying for securities instead.. id be more afraid of that.... like a 10b5 and then 16b racehorse essay with multiple characters doing shady shit. the fact it came up subtly in july 2014, I think, is a hint that they are putting us on notice that it is going to come back, and come back hard. securities has come up within 1 year of itself before. but then again, businessy kind of issues have appeared on the last 2 exams... but securities is so much different than the other bs. anyway, heres been the trusts:robinhoodOO wrote:Predictions are saying CP/Wills crossover, but have highlighted that Wills could be subbed for Trusts.InTheWideLand I Walk wrote:10 bucks says trusts wont even be on this exam.
Regardless, Wills and Trusts are pretty straightforward...We'd be so lucky
2000 jul
2001 jul*
2002 feb*
2004 jul*
2005 feb*
2006 jul
2008 feb
2010 feb
2012 feb
2014 july*
2015 feb*
* it seems to have appeared back to back in 01-02, and than again in 04-05. If it comes up a third time in a row that would be pretty novel.
Ok, I think I may have figured it out:redblueyellow wrote:Elements of mail fraud (ty, wiki):SpAcEmAn SpLiFF wrote: I believe that the character wouldn't be at issue in mail fraud, which is why D is the wrong answer. The requirements to prove mail fraud don't include any sort of character, whereas, for example, a tort of negligent entrustment requires the plaintiff to prove a character for negligence.
1. Intent;
2. A "scheme or artifice to defraud" or the obtaining of property by fraud; and,
3. A mail or wire communication.[4]
Couldn't you argue element 2 is a character type factor (fraudulent actions)?
Kind of. You can introduce prior convictions of sexual assault in a criminal sexual assault case. Not sure why, but those defendants have less rights than those for murder, or chopping someone's limbs off.SpAcEmAn SpLiFF wrote:Ok, I think I may have figured it out:redblueyellow wrote:Elements of mail fraud (ty, wiki):SpAcEmAn SpLiFF wrote: I believe that the character wouldn't be at issue in mail fraud, which is why D is the wrong answer. The requirements to prove mail fraud don't include any sort of character, whereas, for example, a tort of negligent entrustment requires the plaintiff to prove a character for negligence.
1. Intent;
2. A "scheme or artifice to defraud" or the obtaining of property by fraud; and,
3. A mail or wire communication.[4]
Couldn't you argue element 2 is a character type factor (fraudulent actions)?
The whole "no character evidence unless character is directly in issue" thing is for civil cases. Mail fraud would be prosecuted in a criminal case, and evidence of the defendant's relevant character trait could be introduced by the prosecution (e.g. defendant has reputation for fraudulent behavior) if the defendant opened the door for it by introducing his own character evidence (e.g. defendant has reputation for honesty).
Does this sound right? I'm only like 80% sure.
feb 2002, july 2003, and then...(after not appearing for 11 years,) july 2014!!!! im sayin if it comes up I predict itll be more like the jul 03 one as opposed to jul 2014 where it was like a subtle issue, I think they did tippee-tipper for one, missappriation by another, 16b for another, then insider trading for another, and multiple plaintiff action(s). maybe crossed over with pr since it has seemingly always been crossed over with pr.robinhoodOO wrote:I've boiled securities down into pretty straightforward stuff. Guess I should make sure I do another pass just in case. Are you thinking like tippee-tipper by one, then misappropriations by another? What was the last test on it, like 2004?InTheWideLand I Walk wrote:yeah. im going to spend my time studying for securities instead.. id be more afraid of that.... like a 10b5 and then 16b racehorse essay with multiple characters doing shady shit. the fact it came up subtly in july 2014, I think, is a hint that they are putting us on notice that it is going to come back, and come back hard. securities has come up within 1 year of itself before. but then again, businessy kind of issues have appeared on the last 2 exams... but securities is so much different than the other bs. anyway, heres been the trusts:robinhoodOO wrote:Predictions are saying CP/Wills crossover, but have highlighted that Wills could be subbed for Trusts.InTheWideLand I Walk wrote:10 bucks says trusts wont even be on this exam.
Regardless, Wills and Trusts are pretty straightforward...We'd be so lucky
2000 jul
2001 jul*
2002 feb*
2004 jul*
2005 feb*
2006 jul
2008 feb
2010 feb
2012 feb
2014 july*
2015 feb*
* it seems to have appeared back to back in 01-02, and than again in 04-05. If it comes up a third time in a row that would be pretty novel.
Issue: Is an eraser capped onto a pencil considered a separate eraser?RaiRai wrote:Yeah, mechanical pencils are out.
Got this email reminder today (guessing you all did):
"Finally, please note that mechanical pencils are now prohibited during the MBE session – only non-mechanical pencils with No. 2 lead can be used. Pencil sharpeners and separate erasers are also prohibited. Please refer to the Admittance Ticket Bulletin for the items that are allowed to be brought into the examination."
What if my eraser is that eraser cap that you insert on the eraser end of the pencil? it's not a separate eraser technically.
I have a bunch of mechanical pencils from last time. What am I going to do with them now!?RaiRai wrote:Yeah, mechanical pencils are out.
Got this email reminder today (guessing you all did):
"Finally, please note that mechanical pencils are now prohibited during the MBE session – only non-mechanical pencils with No. 2 lead can be used. Pencil sharpeners and separate erasers are also prohibited. Please refer to the Admittance Ticket Bulletin for the items that are allowed to be brought into the examination."
What if my eraser is that eraser cap that you insert on the eraser end of the pencil? it's not a separate eraser technically.
Pencils man, we talkin bout pencils. We ain't talkin bout da quiz, we talkin bout pencils. Pencils.robinhoodOO wrote:Issue: Is an eraser capped onto a pencil considered a separate eraser?RaiRai wrote:Yeah, mechanical pencils are out.
Got this email reminder today (guessing you all did):
"Finally, please note that mechanical pencils are now prohibited during the MBE session – only non-mechanical pencils with No. 2 lead can be used. Pencil sharpeners and separate erasers are also prohibited. Please refer to the Admittance Ticket Bulletin for the items that are allowed to be brought into the examination."
What if my eraser is that eraser cap that you insert on the eraser end of the pencil? it's not a separate eraser technically.
Rule: You may not use Separate Erasers. The Bar will confiscate and you bear the risk of loss for such property.
Analysis: An eraser that is not already part of a fully manufactured pencil, as purchased, is considered a separate eraser. It was independently bought as separate and only thereafter attached to the pencil. The mere fact that a party has attached the eraser to the manufactured pencil does not, therefore, change its form from separate to non-separate and part of the pencil.
Conclusion: Based on the fact that no valid conversion has resulted, and that the eraser remains separate, a party may not bring those weird fucking attachable eraser things to the Bar Exam.
I would probably melt them, or give them to someone's dog that you don't like.redblueyellow wrote:I have a bunch of mechanical pencils from last time. What am I going to do with them now!?RaiRai wrote:Yeah, mechanical pencils are out.
Got this email reminder today (guessing you all did):
"Finally, please note that mechanical pencils are now prohibited during the MBE session – only non-mechanical pencils with No. 2 lead can be used. Pencil sharpeners and separate erasers are also prohibited. Please refer to the Admittance Ticket Bulletin for the items that are allowed to be brought into the examination."
What if my eraser is that eraser cap that you insert on the eraser end of the pencil? it's not a separate eraser technically.
I had to do the analysis for Rai Rai on whether or not cap erasers are permittedBuenAbogado wrote:Pencils man, we talkin bout pencils. We ain't talkin bout da quiz, we talkin bout pencils. Pencils.robinhoodOO wrote:Issue: Is an eraser capped onto a pencil considered a separate eraser?RaiRai wrote:Yeah, mechanical pencils are out.
Got this email reminder today (guessing you all did):
"Finally, please note that mechanical pencils are now prohibited during the MBE session – only non-mechanical pencils with No. 2 lead can be used. Pencil sharpeners and separate erasers are also prohibited. Please refer to the Admittance Ticket Bulletin for the items that are allowed to be brought into the examination."
What if my eraser is that eraser cap that you insert on the eraser end of the pencil? it's not a separate eraser technically.
Rule: You may not use Separate Erasers. The Bar will confiscate and you bear the risk of loss for such property.
Analysis: An eraser that is not already part of a fully manufactured pencil, as purchased, is considered a separate eraser. It was independently bought as separate and only thereafter attached to the pencil. The mere fact that a party has attached the eraser to the manufactured pencil does not, therefore, change its form from separate to non-separate and part of the pencil.
Conclusion: Based on the fact that no valid conversion has resulted, and that the eraser remains separate, a party may not bring those weird fucking attachable eraser things to the Bar Exam.
robinhoodOO wrote:I had to do the analysis for Rai Rai on whether or not cap erasers are permittedBuenAbogado wrote:Pencils man, we talkin bout pencils. We ain't talkin bout da quiz, we talkin bout pencils. Pencils.robinhoodOO wrote:Issue: Is an eraser capped onto a pencil considered a separate eraser?RaiRai wrote:Yeah, mechanical pencils are out.
Got this email reminder today (guessing you all did):
"Finally, please note that mechanical pencils are now prohibited during the MBE session – only non-mechanical pencils with No. 2 lead can be used. Pencil sharpeners and separate erasers are also prohibited. Please refer to the Admittance Ticket Bulletin for the items that are allowed to be brought into the examination."
What if my eraser is that eraser cap that you insert on the eraser end of the pencil? it's not a separate eraser technically.
Rule: You may not use Separate Erasers. The Bar will confiscate and you bear the risk of loss for such property.
Analysis: An eraser that is not already part of a fully manufactured pencil, as purchased, is considered a separate eraser. It was independently bought as separate and only thereafter attached to the pencil. The mere fact that a party has attached the eraser to the manufactured pencil does not, therefore, change its form from separate to non-separate and part of the pencil.
Conclusion: Based on the fact that no valid conversion has resulted, and that the eraser remains separate, a party may not bring those weird fucking attachable eraser things to the Bar Exam.
Sounds like her SP is entitled to a CP reimbursement, with interest, and at the time of dissolution.RaiRai wrote:robinhoodOO wrote:I had to do the analysis for Rai Rai on whether or not cap erasers are permittedBuenAbogado wrote:Pencils man, we talkin bout pencils. We ain't talkin bout da quiz, we talkin bout pencils. Pencils.robinhoodOO wrote:Issue: Is an eraser capped onto a pencil considered a separate eraser?RaiRai wrote:Yeah, mechanical pencils are out.
Got this email reminder today (guessing you all did):
"Finally, please note that mechanical pencils are now prohibited during the MBE session – only non-mechanical pencils with No. 2 lead can be used. Pencil sharpeners and separate erasers are also prohibited. Please refer to the Admittance Ticket Bulletin for the items that are allowed to be brought into the examination."
What if my eraser is that eraser cap that you insert on the eraser end of the pencil? it's not a separate eraser technically.
Rule: You may not use Separate Erasers. The Bar will confiscate and you bear the risk of loss for such property.
Analysis: An eraser that is not already part of a fully manufactured pencil, as purchased, is considered a separate eraser. It was independently bought as separate and only thereafter attached to the pencil. The mere fact that a party has attached the eraser to the manufactured pencil does not, therefore, change its form from separate to non-separate and part of the pencil.
Conclusion: Based on the fact that no valid conversion has resulted, and that the eraser remains separate, a party may not bring those weird fucking attachable eraser things to the Bar Exam.
good game! btw, my wife bought those eraser caps with her inheritance money and i used it to improve my pencils bought with my salary.
I beg to differ. Under Anti-Lucas, SP improvements made to CP are reimbursed at divorce WITHOUT interest.robinhoodOO wrote:Sounds like her SP is entitled to a CP reimbursement, with interest, and at the time of dissolution.RaiRai wrote:good game! btw, my wife bought those eraser caps with her inheritance money and i used it to improve my pencils bought with my salary.robinhoodOO wrote:I had to do the analysis for Rai Rai on whether or not cap erasers are permittedBuenAbogado wrote:Pencils man, we talkin bout pencils. We ain't talkin bout da quiz, we talkin bout pencils. Pencils.robinhoodOO wrote:Issue: Is an eraser capped onto a pencil considered a separate eraser?RaiRai wrote:Yeah, mechanical pencils are out.
Got this email reminder today (guessing you all did):
"Finally, please note that mechanical pencils are now prohibited during the MBE session – only non-mechanical pencils with No. 2 lead can be used. Pencil sharpeners and separate erasers are also prohibited. Please refer to the Admittance Ticket Bulletin for the items that are allowed to be brought into the examination."
What if my eraser is that eraser cap that you insert on the eraser end of the pencil? it's not a separate eraser technically.
Rule: You may not use Separate Erasers. The Bar will confiscate and you bear the risk of loss for such property.
Analysis: An eraser that is not already part of a fully manufactured pencil, as purchased, is considered a separate eraser. It was independently bought as separate and only thereafter attached to the pencil. The mere fact that a party has attached the eraser to the manufactured pencil does not, therefore, change its form from separate to non-separate and part of the pencil.
Conclusion: Based on the fact that no valid conversion has resulted, and that the eraser remains separate, a party may not bring those weird fucking attachable eraser things to the Bar Exam.
Oops; yup. Thanks for the clarification, buddy . NO INTEREST!BuenAbogado wrote:I beg to differ. Under Anti-Lucas, SP improvements made to CP are reimbursed at divorce WITHOUT interest.robinhoodOO wrote:Sounds like her SP is entitled to a CP reimbursement, with interest, and at the time of dissolution.RaiRai wrote:good game! btw, my wife bought those eraser caps with her inheritance money and i used it to improve my pencils bought with my salary.robinhoodOO wrote:I had to do the analysis for Rai Rai on whether or not cap erasers are permittedBuenAbogado wrote:Pencils man, we talkin bout pencils. We ain't talkin bout da quiz, we talkin bout pencils. Pencils.robinhoodOO wrote:Issue: Is an eraser capped onto a pencil considered a separate eraser?RaiRai wrote:Yeah, mechanical pencils are out.
Got this email reminder today (guessing you all did):
"Finally, please note that mechanical pencils are now prohibited during the MBE session – only non-mechanical pencils with No. 2 lead can be used. Pencil sharpeners and separate erasers are also prohibited. Please refer to the Admittance Ticket Bulletin for the items that are allowed to be brought into the examination."
What if my eraser is that eraser cap that you insert on the eraser end of the pencil? it's not a separate eraser technically.
Rule: You may not use Separate Erasers. The Bar will confiscate and you bear the risk of loss for such property.
Analysis: An eraser that is not already part of a fully manufactured pencil, as purchased, is considered a separate eraser. It was independently bought as separate and only thereafter attached to the pencil. The mere fact that a party has attached the eraser to the manufactured pencil does not, therefore, change its form from separate to non-separate and part of the pencil.
Conclusion: Based on the fact that no valid conversion has resulted, and that the eraser remains separate, a party may not bring those weird fucking attachable eraser things to the Bar Exam.