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JoeAccidentally

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Re: Average Adapti bar score

Post by JoeAccidentally » Sun Feb 21, 2016 12:10 pm

THE_U wrote:
MTBike wrote:
DueProcessDoWheelies wrote:Fucking hell. Every Contracts question I've gotten lately is 10/10 difficulty. Like <20% are getting the correct answer.
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 lol
I think I went 33% on K yesterday, when my overall for K is sitting at like 65-66% lol. Definitely not just you.
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.

FinallyPassedTheBar

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Re: Average Adapti bar score

Post by FinallyPassedTheBar » Sun Feb 21, 2016 12:21 pm

DueProcessDoWheelies wrote:I don't understand this property question at all. The explanation didn't make sense.
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.
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.

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."

DueProcessDoWheelies

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Re: Average Adapti bar score

Post by DueProcessDoWheelies » Sun Feb 21, 2016 12:51 pm

6TimeFailure wrote:
DueProcessDoWheelies wrote:I don't understand this property question at all. The explanation didn't make sense.
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.
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.

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."
Yes, very tricky but I get it now. Though I don't remember learning that in prep or in law school.

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MTBike

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Re: Average Adapti bar score

Post by MTBike » Sun Feb 21, 2016 4:40 pm

DueProcessDoWheelies wrote:Though I don't remember learning that in prep or in law school.
If i had a nickel for every time I said that while reviewing MBE question explanations...

starryski

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Re: Average Adapti bar score

Post by starryski » Sun Feb 21, 2016 9:11 pm

6TimeFailure wrote:
DueProcessDoWheelies wrote:I don't understand this property question at all. The explanation didn't make sense.
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.
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.

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

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Raiden

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Re: Average Adapti bar score

Post by Raiden » Sun Feb 21, 2016 9:40 pm

starryski wrote:
6TimeFailure wrote:
DueProcessDoWheelies wrote:I don't understand this property question at all. The explanation didn't make sense.
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.
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.

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.

FinallyPassedTheBar

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Re: Average Adapti bar score

Post by FinallyPassedTheBar » Sun Feb 21, 2016 9:48 pm

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.

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Raiden

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Re: Average Adapti bar score

Post by Raiden » Mon Feb 22, 2016 4:04 pm

Is it just me, or are all Dormant Commerce Clause questions always unconstitutional...

DueProcessDoWheelies

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Re: Average Adapti bar score

Post by DueProcessDoWheelies » Mon Feb 22, 2016 4:51 pm

Raiden wrote:Is it just me, or are all Dormant Commerce Clause questions always unconstitutional...
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 exception

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