Just posted a similar issue in the BarBri thread before I read this. Same thing happened to me a day or so ago on Adaptibar K questions. Glad I'm not the only one that this happened to.THE_U wrote:I think I went 33% on K yesterday, when my overall for K is sitting at like 65-66% lol. Definitely not just you.MTBike wrote:This happened to me yesterday. Was a total mindfuck. Every K's question was a ridiculous trick Q testing a small nuance i've never seen. I'm glad it's not just me lolDueProcessDoWheelies wrote:Fucking hell. Every Contracts question I've gotten lately is 10/10 difficulty. Like <20% are getting the correct answer.
Average Adapti bar score Forum
Forum rules
Anonymous Posting
Anonymous posting is only appropriate when you are sharing sensitive information about bar exam prep. You may anonymously respond on topic to these threads. Unacceptable uses include: harassing another user, joking around, testing the feature, or other things that are more appropriate in the lounge.
Failure to follow these rules will get you outed, warned, or banned."
Anonymous Posting
Anonymous posting is only appropriate when you are sharing sensitive information about bar exam prep. You may anonymously respond on topic to these threads. Unacceptable uses include: harassing another user, joking around, testing the feature, or other things that are more appropriate in the lounge.
Failure to follow these rules will get you outed, warned, or banned."
-
- Posts: 19
- Joined: Wed Oct 26, 2011 1:30 pm
Re: Average Adapti bar score
-
- Posts: 485
- Joined: Sat Nov 21, 2015 5:27 am
Re: Average Adapti bar score
DueProcessDoWheelies wrote:I don't understand this property question at all. The explanation didn't make sense.
I was sure the answer was A, because the LT has the duty to pay taxes on the land. 72% of people picked A, as a matter of fact.A land owner owned in fee simple Lots 1 and 2 in an urban subdivision. The lots were vacant and unproductive. They were held as a speculation that their value would increase. The land owner died and, by his duly probated will, devised the residue of his estate (of which Lots 1 and 2 were part) to his sister for life with remainder in fee simple to his niece. The land owner's executor distributed the estate under appropriate court order, and notified the sister that future real estate taxes on Lots 1 and 2 were her responsibility to pay.
Except for the statutes relating to probate and those relating to real estate taxes, there is no applicable statute.
The sister failed to pay the real estate taxes due for Lots 1 and 2. To prevent a tax sale of the fee simple, the niece paid the taxes and demanded that the sister reimburse her for same. When the sister refused, the niece brought an appropriate action against the sister to recover the amount paid.
In such action, the niece should recover
A. the amount paid, because a life tenant has the duty to pay current charges.
B. the present value of the interest that the amount paid would earn during the sister's lifetime.
C. nothing, because the sister's sole possession gave the right to decide whether or not taxes should be paid.
D. nothing, because the sister never received any income from the lots.
Very difficult question.
The way I look at it is that a life tenant cannot be forced to use her personal wealth to maintain the land. The land has to at least have the possibility to produce income to maintain itself. So a life tenant of unproductive land has no obligation to maintain that land. So answer choice (D) addresses that.
Tricky question partly because the relevant fact is in the 2nd sentence. I bet many test takers forgot about the land being "unproductive."
-
- Posts: 266
- Joined: Mon Nov 02, 2015 4:35 pm
Re: Average Adapti bar score
Yes, very tricky but I get it now. Though I don't remember learning that in prep or in law school.6TimeFailure wrote:DueProcessDoWheelies wrote:I don't understand this property question at all. The explanation didn't make sense.
I was sure the answer was A, because the LT has the duty to pay taxes on the land. 72% of people picked A, as a matter of fact.A land owner owned in fee simple Lots 1 and 2 in an urban subdivision. The lots were vacant and unproductive. They were held as a speculation that their value would increase. The land owner died and, by his duly probated will, devised the residue of his estate (of which Lots 1 and 2 were part) to his sister for life with remainder in fee simple to his niece. The land owner's executor distributed the estate under appropriate court order, and notified the sister that future real estate taxes on Lots 1 and 2 were her responsibility to pay.
Except for the statutes relating to probate and those relating to real estate taxes, there is no applicable statute.
The sister failed to pay the real estate taxes due for Lots 1 and 2. To prevent a tax sale of the fee simple, the niece paid the taxes and demanded that the sister reimburse her for same. When the sister refused, the niece brought an appropriate action against the sister to recover the amount paid.
In such action, the niece should recover
A. the amount paid, because a life tenant has the duty to pay current charges.
B. the present value of the interest that the amount paid would earn during the sister's lifetime.
C. nothing, because the sister's sole possession gave the right to decide whether or not taxes should be paid.
D. nothing, because the sister never received any income from the lots.
Very difficult question.
The way I look at it is that a life tenant cannot be forced to use her personal wealth to maintain the land. The land has to at least have the possibility to produce income to maintain itself. So a life tenant of unproductive land has no obligation to maintain that land. So answer choice (D) addresses that.
Tricky question partly because the relevant fact is in the 2nd sentence. I bet many test takers forgot about the land being "unproductive."
- MTBike
- Posts: 259
- Joined: Wed Mar 07, 2012 10:19 am
Re: Average Adapti bar score
If i had a nickel for every time I said that while reviewing MBE question explanations...DueProcessDoWheelies wrote:Though I don't remember learning that in prep or in law school.
-
- Posts: 232
- Joined: Wed Jul 22, 2015 2:04 am
Re: Average Adapti bar score
]]6TimeFailure wrote:DueProcessDoWheelies wrote:I don't understand this property question at all. The explanation didn't make sense.
I was sure the answer was A, because the LT has the duty to pay taxes on the land. 72% of people picked A, as a matter of fact.A land owner owned in fee simple Lots 1 and 2 in an urban subdivision. The lots were vacant and unproductive. They were held as a speculation that their value would increase. The land owner died and, by his duly probated will, devised the residue of his estate (of which Lots 1 and 2 were part) to his sister for life with remainder in fee simple to his niece. The land owner's executor distributed the estate under appropriate court order, and notified the sister that future real estate taxes on Lots 1 and 2 were her responsibility to pay.
Except for the statutes relating to probate and those relating to real estate taxes, there is no applicable statute.
The sister failed to pay the real estate taxes due for Lots 1 and 2. To prevent a tax sale of the fee simple, the niece paid the taxes and demanded that the sister reimburse her for same. When the sister refused, the niece brought an appropriate action against the sister to recover the amount paid.
In such action, the niece should recover
A. the amount paid, because a life tenant has the duty to pay current charges.
B. the present value of the interest that the amount paid would earn during the sister's lifetime.
C. nothing, because the sister's sole possession gave the right to decide whether or not taxes should be paid.
D. nothing, because the sister never received any income from the lots.
Very difficult question.
The way I look at it is that a life tenant cannot be forced to use her personal wealth to maintain the land. The land has to at least have the possibility to produce income to maintain itself. So a life tenant of unproductive land has no obligation to maintain that land. So answer choice (D) addresses that.
Tricky question partly because the relevant fact is in the 2nd sentence. I bet many test takers forgot about the land being "unproductive."
i also got this one today. i also picked A. well, we learned something new. i hope they test this! lol
Want to continue reading?
Register now to search topics and post comments!
Absolutely FREE!
Already a member? Login
- Raiden
- Posts: 410
- Joined: Wed Jul 25, 2012 8:11 pm
Re: Average Adapti bar score
starryski wrote:]]6TimeFailure wrote:DueProcessDoWheelies wrote:I don't understand this property question at all. The explanation didn't make sense.
I was sure the answer was A, because the LT has the duty to pay taxes on the land. 72% of people picked A, as a matter of fact.A land owner owned in fee simple Lots 1 and 2 in an urban subdivision. The lots were vacant and unproductive. They were held as a speculation that their value would increase. The land owner died and, by his duly probated will, devised the residue of his estate (of which Lots 1 and 2 were part) to his sister for life with remainder in fee simple to his niece. The land owner's executor distributed the estate under appropriate court order, and notified the sister that future real estate taxes on Lots 1 and 2 were her responsibility to pay.
Except for the statutes relating to probate and those relating to real estate taxes, there is no applicable statute.
The sister failed to pay the real estate taxes due for Lots 1 and 2. To prevent a tax sale of the fee simple, the niece paid the taxes and demanded that the sister reimburse her for same. When the sister refused, the niece brought an appropriate action against the sister to recover the amount paid.
In such action, the niece should recover
A. the amount paid, because a life tenant has the duty to pay current charges.
B. the present value of the interest that the amount paid would earn during the sister's lifetime.
C. nothing, because the sister's sole possession gave the right to decide whether or not taxes should be paid.
D. nothing, because the sister never received any income from the lots.
Very difficult question.
The way I look at it is that a life tenant cannot be forced to use her personal wealth to maintain the land. The land has to at least have the possibility to produce income to maintain itself. So a life tenant of unproductive land has no obligation to maintain that land. So answer choice (D) addresses that.
Tricky question partly because the relevant fact is in the 2nd sentence. I bet many test takers forgot about the land being "unproductive."
i also got this one today. i also picked A. well, we learned something new. i hope they test this! lol
So are we to assume all land given to a life tenant is otherwise productive, and they are paying interest through income from the property, even if the facts don't say so? Because in 90% of other situations, A would've been correct.
-
- Posts: 485
- Joined: Sat Nov 21, 2015 5:27 am
Re: Average Adapti bar score
Raiden wrote: So are we to assume all land given to a life tenant is otherwise productive, and they are paying interest through income from the property, even if the facts don't say so? Because in 90% of other situations, A would've been correct.
From all the questions I remember that tested this exception, the facts will say something about the land's potential for producing income...like rent, or mining, or trees etc. So if the life tenant simply ignores the potential, and does not actually receive income, she will still be liable for the amount remaindermen actually pays for taxes and mortgage interest. The facts have to explicitly state that the land does not produce income in order for the life tenant to escape tax/mortgage interest responsibility.
- Raiden
- Posts: 410
- Joined: Wed Jul 25, 2012 8:11 pm
Re: Average Adapti bar score
Is it just me, or are all Dormant Commerce Clause questions always unconstitutional...
-
- Posts: 266
- Joined: Mon Nov 02, 2015 4:35 pm
Re: Average Adapti bar score
Nah, they sometimes give you fact patterns where the state does something that either seems like a DCC violation and isn't, or falls under an exceptionRaiden wrote:Is it just me, or are all Dormant Commerce Clause questions always unconstitutional...