NY July 2015 Support Group Forum

[jamesm722]

Instead of worrying about grading, which you can't control, just focus on doing well/your best. Whether you understand the grading or not doesn't affect your score. Plus you'll just waste time and energy worrying about a grading system that you could spend studying for the essays.

[xfer2013]

Just did Agency question 1. I completely blanked on "letters of administration." Literally had no idea what it was. Its cool though--I made up some bullshit rule and applied it and got a couple of points.

Anyone else have this experience?

[HLBE689]

Question for anyone able to answer - I know that at common law, a felon could not be liable for felony murder if it was a co-felon who was killed. Is this same rule applied in NY? I can't find the answer to this in the NY distinctions unless I am totally overlooking it.

[xfer2013]

Question for anyone able to answer - I know that at common law, a felon could not be liable for felony murder if it was a co-felon who was killed. Is this same rule applied in NY? I can't find the answer to this in the NY distinctions unless I am totally overlooking it.

NY follows the common law rule. From the NY Penal Law:

[D commits felony murder if] acting either alone or with one or more other persons, he commits or attempts to commit robbery, burglary, kidnapping [etc....] and, in the course of and in furtherance of such crime or of immediate flight therefrom, he [...] causes the death of a person other than one of the participants.

[orangecup]

Just did Agency question 1. I completely blanked on "letters of administration." Literally had no idea what it was. Its cool though--I made up some bullshit rule and applied it and got a couple of points.

Anyone else have this experience?

I "memorized" the bare bones of Admin yesterday and still don't know what that means.... I honestly feel like I'm going to have to punt Admin, go with my basic knowledge, and hope for the best. I feel like most people won't be super prepared for it given it's new-ness.

Question for anyone able to answer - I know that at common law, a felon could not be liable for felony murder if it was a co-felon who was killed. Is this same rule applied in NY? I can't find the answer to this in the NY distinctions unless I am totally overlooking it.

NY applies the Redline limitation

[Ahyis]

I predict that there will be an administrative law essay. If anyone has ideas about what they think will be tested I'm all ears.

I can imagine:
1. issue involves open meetings law
2. issue involves FOIL
3. issue involves 4th amendment rights and agency, possibly a heavily regulated business****

***=most likely

Would be interested to hear from others their ideas.

I was actually leaning toward adjudicative proceedings since those are ripe for all kinds of due process and evidentiary issues.

Based on EVERY SINGLE Themis Admin law essay I've done, literally the only thing tested is judicial review of an Article 78 hearing.

[orangecup]

Based on EVERY SINGLE Themis Admin law essay I've done, literally the only thing tested is judicial review of an Article 78 hearing.

So basically.... absolutely nothing new from NY CPLR?

[sd5289]

I predict that there will be an administrative law essay. If anyone has ideas about what they think will be tested I'm all ears.

I can imagine:
1. issue involves open meetings law
2. issue involves FOIL
3. issue involves 4th amendment rights and agency, possibly a heavily regulated business****

***=most likely

Would be interested to hear from others their ideas.

I was actually leaning toward adjudicative proceedings since those are ripe for all kinds of due process and evidentiary issues.

Based on EVERY SINGLE Themis Admin law essay I've done, literally the only thing tested is judicial review of an Article 78 hearing.

I'm doing Themis too, but am now going through the past exams and answers to see what they've actually tested on in the past (though as we all know, that doesn't mean they will necessarily do so this time).

[Ahyis]

I predict that there will be an administrative law essay. If anyone has ideas about what they think will be tested I'm all ears.

I can imagine:
1. issue involves open meetings law
2. issue involves FOIL
3. issue involves 4th amendment rights and agency, possibly a heavily regulated business****

***=most likely

Would be interested to hear from others their ideas.

I was actually leaning toward adjudicative proceedings since those are ripe for all kinds of due process and evidentiary issues.

Based on EVERY SINGLE Themis Admin law essay I've done, literally the only thing tested is judicial review of an Article 78 hearing.

I'm doing Themis too, but am now going through the past exams and answers to see what they've actually tested on in the past (though as we all know, that doesn't mean they will necessarily do so this time).

Well, my understanding is that there has never been an admin law question on the essays to date - they only introduced it starting with this past February exam, remember.

[Hutz_and_Goodman]

What are we supposed to do during the lunch break?
I just saw it is from 12:15-2pm
and we can't bring in notes or our phones or anything not in 1 gallon zip lock bag
Am I crazy or does this seem like a lot of time?

[michael2015]

buy a pack of smokes and see how many you can get through

[xfer2013]

Just got an email from BOLE referencing the seating ticket and saying to print it. Where to I access the seating ticket?

[orangecup]

Just got an email from BOLE referencing the seating ticket and saying to print it. Where to I access the seating ticket?

They sent an email on July 14 : "July 2015 NYS Bar Examination Seat Ticket"

Follow the link at the bottom, enter the info, and it'll send you a PDF of the ticket in email

[xfer2013]

Just got an email from BOLE referencing the seating ticket and saying to print it. Where to I access the seating ticket?

They sent an email on July 14 : "July 2015 NYS Bar Examination Seat Ticket"

Follow the link at the bottom, enter the info, and it'll send you a PDF of the ticket in email

got it, thx.

[summeisruined]

Hello

Any advices to prepare civil procedure on the MBE correctly ? Because questions on adaptibar are really hard, i don't even understand them but the questions released by NCBE seem quite easy on the other hands.

Any feb takers that could give an insight?

[myrtlewinston]

Does anyone have a sense of what we have to know for Trusts?

[bear patrol]

Does anyone have a sense of what we have to know for Trusts?

I was wondering the same thing. According to Smart Bar Prep frequency thing (http://www.smartbarprep.com/SmartBarPre ... alysis.pdf.), these are the top 3 and the associated percentages of frequency on NY essays:

1. Purchase Money Resulting Trusts (PMRT) - 10%

2. Amendment to a Trust after Execution of a Will with a Pour-over Provision - 7.5%

3. Default Rules for Amending or Terminating a Trust - 7.5%

Besides that, I'm not sure what else we need to know. Not sure how much time I'm going to devote to Trusts since it has appeared on 7% of essays according to the chart at the beginning of that PDF.

[AReasonableMan]

Been cramming but trying to figure out a game plan. Spent all my little study time on the MBE, and have gone from ~45% to ~70%, but even with a 130/190 I'd only be at roughly 280 points right? 130 would be curved to 140 x 2? And then you have 5 essays that total 400 possible points, MPT for 100 and NY MC for 100? I'm only going to get roughly 35/100 on the NY MC - but would need to come up with roughly a 55 average on all 6 essays to pass, no?

Also are 2 of the essays Multistate or all 5 are NY?

[summeisruined]

Wait, the curve adds 10 points?

[sd5289]

Well, my understanding is that there has never been an admin law question on the essays to date - they only introduced it starting with this past February exam, remember.

Oh yeah, sorry I meant for the most commonly tested topics (Wills, Family Law, Torts, etc). I honestly have no idea re. Admin since they haven't done it yet, but after reviewing Admin today, I'm thinking:

- adjudicatory proceedings
- rule-making procedures and failure to follow them
- Art. 78 action re. failure to follow rule-making procedures and/or conduct during adjudicatory proceeding or searches/inspections
- (possibly) searches/inspections themselves and/or administrative investigations (like issuance of subpoenas)
- etc

[orangecup]

Well, my understanding is that there has never been an admin law question on the essays to date - they only introduced it starting with this past February exam, remember.

Oh yeah, sorry I meant for the most commonly tested topics (Wills, Family Law, Torts, etc). I honestly have no idea re. Admin since they haven't done it yet, but after reviewing Admin today, I'm thinking:

- adjudicatory proceedings
- rule-making procedures and failure to follow them
- Art. 78 action re. failure to follow rule-making procedures and/or conduct during adjudicatory proceeding or searches/inspections
- (possibly) searches/inspections themselves and/or administrative investigations (like issuance of subpoenas)
- etc

Heh

I think the best plan is to just have a broad understanding. Don't knock yourself out by memorizing all the gritty details, especially since we're just a few days before the exam now.

[marthac66]

Anyone using Seperac master??

[sd5289]

Well, my understanding is that there has never been an admin law question on the essays to date - they only introduced it starting with this past February exam, remember.

Oh yeah, sorry I meant for the most commonly tested topics (Wills, Family Law, Torts, etc). I honestly have no idea re. Admin since they haven't done it yet, but after reviewing Admin today, I'm thinking:

- adjudicatory proceedings
- rule-making procedures and failure to follow them
- Art. 78 action re. failure to follow rule-making procedures and/or conduct during adjudicatory proceeding or searches/inspections
- (possibly) searches/inspections themselves and/or administrative investigations (like issuance of subpoenas)
- etc

Heh

I think the best plan is to just have a broad understanding. Don't knock yourself out by memorizing all the gritty details, especially since we're just a few days before the exam now.

Lol, "etc" = I'm really running out of fucks to give at this point.

[Ahyis]

Been cramming but trying to figure out a game plan. Spent all my little study time on the MBE, and have gone from ~45% to ~70%, but even with a 130/190 I'd only be at roughly 280 points right? 130 would be curved to 140 x 2? And then you have 5 essays that total 400 possible points, MPT for 100 and NY MC for 100? I'm only going to get roughly 35/100 on the NY MC - but would need to come up with roughly a 55 average on all 6 essays to pass, no?

Also are 2 of the essays Multistate or all 5 are NY?

Nobody really knows how they score the essays, except that the average is 45-55.I think if you get all 50s on the written portion, ~50% on the NYMC, and like a 130 scaled, you'll JUST scrape by with a pass. If you're getting a 140 scaled, you have more leeway.

[michael2015]

Barbri Essay Question:

Can someone explain why on NY Evidence Essay Question 4, Part 2(a), why is the charge accomplice liability and not solicitation. In the answer it simply says "Editor's Note: He was not charged with these crimes." I am wondering where it says that? There is nowhere in the fact pattern it says he was charged with "Accomplice" liability, it only says that the individual was charge with 3rd Degree Arson which means all of Conspiracy, Accomplice, and Solicitation could get you there.