2018 February New York Bar

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RedGiant
Posts: 325
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Re: 2018 February New York Bar

Postby RedGiant » Mon Dec 11, 2017 7:46 pm

Respondeat_Inferior wrote:I'm supplementing with lean sheets' outlines and flash cards so far but there's some stuff in lean sheets that seems....kind of wrong or misleading? Like sometimes they miss exceptions.


Lean Sheets is very loose on the correct law. I would use it for day-off quick review, but DO NOT memorize any black letter law from them. They were flat-dab wrong on a bunch of stuff, typos, missing important parts of tests...not good.

b290
Posts: 83
Joined: Mon Oct 23, 2017 5:28 pm

Re: 2018 February New York Bar

Postby b290 » Mon Dec 11, 2017 8:56 pm

b290 wrote:For go-getters that've started their essay prep :lol: , and those that didn't know, the BOLE uploads past essay questions (and sample answers) for your perusal

https://www.nybarexam.org/ExamQuestions ... stions.htm

For those who want the PDFs straight:
Feb 2017 - https://www.nybarexam.org/ExamQuestions/FEB2017QA.pdf
Jul 2016 - https://www.nybarexam.org/ExamQuestions/JULY2016QA.pdf

Note: Pre-July 2016 exams are NOT UBE exams (i.e. the old NY format & subjects). Still useful for the MPT (albeit NY used one instead of UBE 2) .

My $.02

Just in case you need some good reading for the Holidays :lol: , the BOLE has uploaded July 2017's essays:

https://www.nybarexam.org/ExamQuestions/JULY2017QA.pdf

My $.02

Banana1
Posts: 63
Joined: Mon Oct 16, 2017 2:49 am

Re: 2018 February New York Bar

Postby Banana1 » Tue Dec 12, 2017 4:12 am

nada123 wrote:
Respondeat_Inferior wrote:
nada123 wrote:
Respondeat_Inferior wrote:
I started with Themis on November 6th. I'm at 28% completion so far. I work 40-50 hours a week, so in order to keep things manageable and retain my sanity, I set a reasonable goal of 1% per day, and a bit more than that on weekends. That way I can finish 100% of the class with room to spare, and still be able to have a few days off for holidays.



I'm also working similar hours but struggling to complete 0.5% per day! What's your studying schedule like? Amazed at how you 're able to complete 1% per day. Any tips appreciated!!


It helps that I'm a basket case, so most of this probably won't be of any help to you unfortunately.

1. I financially and emotionally supported my SO while she studied for her bar and finished up her last year of law school, (two times, didn't pass first time), so I have an understanding SO when it comes to me using up all of my time for studying.

2. I watch all the lectures a 1.5x speed minimum (Themis, 2x speed for Torts guy and Civ Pro guy because holy hell they sound like they're stroking out at the podium and I've got places to be).

3. I have a weird metabolism and generally only eat once per day in a big meal rather than throughout the day, so I don't spend any time cooking.

4. I only sleep 5-6 hours a night, that's just my normal routine, not a personal neglect thing.

5. I start studying when I get home from work and don't stop till midnight. So 6:30/7pm-12am. Some days this is just enough to eke out 1%, some days I have 1% by 9 or 10, Themis does a shit job at allocating percentage based on actual time spent (0.4% for 180 pages of civ pro outline, cool deal). The days I'm over make up for the days I slack.

6. I started on Themis on the very first day (Nov. 6) and I printed out the schedule for the entire course all the way through to the bar exam so that if I ever missed something I would know exactly where I needed to get to to be back on track.

7. Huge inferiority complex/imposter syndrome.

8. Adderall (™)


You are so lucky re #3 and 4! Those take up most of my time. But will be taking your advice for #2 and 5!

Do you listen to the lectures and/or make notes from the outlines? I find i don't have enough time to do both! So i've just chosen the lectures and study off the lecture handouts, referring to the sections in the outlines if i really don't understand.

(And by outlines i mean the books with the chapters - is that the correct term?)




I was thinking of skipping one or the other ( lecture or outline) doing both takes a huge amount of time

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lolabear727
Posts: 293
Joined: Mon Jan 02, 2017 9:07 pm

Re: 2018 February New York Bar

Postby lolabear727 » Tue Dec 12, 2017 9:50 am

Banana1 wrote:
nada123 wrote:
Respondeat_Inferior wrote:
nada123 wrote:
Respondeat_Inferior wrote:
I started with Themis on November 6th. I'm at 28% completion so far. I work 40-50 hours a week, so in order to keep things manageable and retain my sanity, I set a reasonable goal of 1% per day, and a bit more than that on weekends. That way I can finish 100% of the class with room to spare, and still be able to have a few days off for holidays.



I'm also working similar hours but struggling to complete 0.5% per day! What's your studying schedule like? Amazed at how you 're able to complete 1% per day. Any tips appreciated!!


It helps that I'm a basket case, so most of this probably won't be of any help to you unfortunately.

1. I financially and emotionally supported my SO while she studied for her bar and finished up her last year of law school, (two times, didn't pass first time), so I have an understanding SO when it comes to me using up all of my time for studying.

2. I watch all the lectures a 1.5x speed minimum (Themis, 2x speed for Torts guy and Civ Pro guy because holy hell they sound like they're stroking out at the podium and I've got places to be).

3. I have a weird metabolism and generally only eat once per day in a big meal rather than throughout the day, so I don't spend any time cooking.

4. I only sleep 5-6 hours a night, that's just my normal routine, not a personal neglect thing.

5. I start studying when I get home from work and don't stop till midnight. So 6:30/7pm-12am. Some days this is just enough to eke out 1%, some days I have 1% by 9 or 10, Themis does a shit job at allocating percentage based on actual time spent (0.4% for 180 pages of civ pro outline, cool deal). The days I'm over make up for the days I slack.

6. I started on Themis on the very first day (Nov. 6) and I printed out the schedule for the entire course all the way through to the bar exam so that if I ever missed something I would know exactly where I needed to get to to be back on track.

7. Huge inferiority complex/imposter syndrome.

8. Adderall (™)


You are so lucky re #3 and 4! Those take up most of my time. But will be taking your advice for #2 and 5!

Do you listen to the lectures and/or make notes from the outlines? I find i don't have enough time to do both! So i've just chosen the lectures and study off the lecture handouts, referring to the sections in the outlines if i really don't understand.

(And by outlines i mean the books with the chapters - is that the correct term?)




I was thinking of skipping one or the other ( lecture or outline) doing both takes a huge amount of time


I'm listening to the lectures and then using my old outlines I used for Florida and just sprucing them up. I have quite a bit of writing in the margins but I think it works for me. I"m also reviewing the outlines but I'm using my old Barbri books for that unless there is new law then I will refer to Themis. Not that I think Barbri outlines/materials are better, I just already have everything tabbed and highlighted.

Banana1
Posts: 63
Joined: Mon Oct 16, 2017 2:49 am

Re: 2018 February New York Bar

Postby Banana1 » Tue Dec 12, 2017 10:12 am

lolabear727 wrote:
Banana1 wrote:
nada123 wrote:
Respondeat_Inferior wrote:
nada123 wrote:
Respondeat_Inferior wrote:
I started with Themis on November 6th. I'm at 28% completion so far. I work 40-50 hours a week, so in order to keep things manageable and retain my sanity, I set a reasonable goal of 1% per day, and a bit more than that on weekends. That way I can finish 100% of the class with room to spare, and still be able to have a few days off for holidays.



I'm also working similar hours but struggling to complete 0.5% per day! What's your studying schedule like? Amazed at how you 're able to complete 1% per day. Any tips appreciated!!


It helps that I'm a basket case, so most of this probably won't be of any help to you unfortunately.

1. I financially and emotionally supported my SO while she studied for her bar and finished up her last year of law school, (two times, didn't pass first time), so I have an understanding SO when it comes to me using up all of my time for studying.

2. I watch all the lectures a 1.5x speed minimum (Themis, 2x speed for Torts guy and Civ Pro guy because holy hell they sound like they're stroking out at the podium and I've got places to be).

3. I have a weird metabolism and generally only eat once per day in a big meal rather than throughout the day, so I don't spend any time cooking.

4. I only sleep 5-6 hours a night, that's just my normal routine, not a personal neglect thing.

5. I start studying when I get home from work and don't stop till midnight. So 6:30/7pm-12am. Some days this is just enough to eke out 1%, some days I have 1% by 9 or 10, Themis does a shit job at allocating percentage based on actual time spent (0.4% for 180 pages of civ pro outline, cool deal). The days I'm over make up for the days I slack.

6. I started on Themis on the very first day (Nov. 6) and I printed out the schedule for the entire course all the way through to the bar exam so that if I ever missed something I would know exactly where I needed to get to to be back on track.

7. Huge inferiority complex/imposter syndrome.

8. Adderall (™)


You are so lucky re #3 and 4! Those take up most of my time. But will be taking your advice for #2 and 5!

Do you listen to the lectures and/or make notes from the outlines? I find i don't have enough time to do both! So i've just chosen the lectures and study off the lecture handouts, referring to the sections in the outlines if i really don't understand.

(And by outlines i mean the books with the chapters - is that the correct term?)




I was thinking of skipping one or the other ( lecture or outline) doing both takes a huge amount of time


I'm listening to the lectures and then using my old outlines I used for Florida and just sprucing them up. I have quite a bit of writing in the margins but I think it works for me. I"m also reviewing the outlines but I'm using my old Barbri books for that unless there is new law then I will refer to Themis. Not that I think Barbri outlines/materials are better, I just already have everything tabbed and highlighted.



I have the mini convisor from barbri which I think is great. What do you think about the sufficiency of info in Convisor?

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lolabear727
Posts: 293
Joined: Mon Jan 02, 2017 9:07 pm

Re: 2018 February New York Bar

Postby lolabear727 » Tue Dec 12, 2017 4:36 pm

Banana1 wrote:
lolabear727 wrote:
Banana1 wrote:
nada123 wrote:
Respondeat_Inferior wrote:
nada123 wrote:
Respondeat_Inferior wrote:
I started with Themis on November 6th. I'm at 28% completion so far. I work 40-50 hours a week, so in order to keep things manageable and retain my sanity, I set a reasonable goal of 1% per day, and a bit more than that on weekends. That way I can finish 100% of the class with room to spare, and still be able to have a few days off for holidays.



I'm also working similar hours but struggling to complete 0.5% per day! What's your studying schedule like? Amazed at how you 're able to complete 1% per day. Any tips appreciated!!


It helps that I'm a basket case, so most of this probably won't be of any help to you unfortunately.

1. I financially and emotionally supported my SO while she studied for her bar and finished up her last year of law school, (two times, didn't pass first time), so I have an understanding SO when it comes to me using up all of my time for studying.

2. I watch all the lectures a 1.5x speed minimum (Themis, 2x speed for Torts guy and Civ Pro guy because holy hell they sound like they're stroking out at the podium and I've got places to be).

3. I have a weird metabolism and generally only eat once per day in a big meal rather than throughout the day, so I don't spend any time cooking.

4. I only sleep 5-6 hours a night, that's just my normal routine, not a personal neglect thing.

5. I start studying when I get home from work and don't stop till midnight. So 6:30/7pm-12am. Some days this is just enough to eke out 1%, some days I have 1% by 9 or 10, Themis does a shit job at allocating percentage based on actual time spent (0.4% for 180 pages of civ pro outline, cool deal). The days I'm over make up for the days I slack.

6. I started on Themis on the very first day (Nov. 6) and I printed out the schedule for the entire course all the way through to the bar exam so that if I ever missed something I would know exactly where I needed to get to to be back on track.

7. Huge inferiority complex/imposter syndrome.

8. Adderall (™)


You are so lucky re #3 and 4! Those take up most of my time. But will be taking your advice for #2 and 5!

Do you listen to the lectures and/or make notes from the outlines? I find i don't have enough time to do both! So i've just chosen the lectures and study off the lecture handouts, referring to the sections in the outlines if i really don't understand.

(And by outlines i mean the books with the chapters - is that the correct term?)




I was thinking of skipping one or the other ( lecture or outline) doing both takes a huge amount of time


I'm listening to the lectures and then using my old outlines I used for Florida and just sprucing them up. I have quite a bit of writing in the margins but I think it works for me. I"m also reviewing the outlines but I'm using my old Barbri books for that unless there is new law then I will refer to Themis. Not that I think Barbri outlines/materials are better, I just already have everything tabbed and highlighted.



I have the mini convisor from barbri which I think is great. What do you think about the sufficiency of info in Convisor?


Absolutely love the Conviser Mini! It is hands down the best outline book for bar prep. If you have minimal time or the big outline books just have more information in them than you can use or for that matter, have time to go through, the Conviser has enough information in it to help you pass. Plus you have the "Exam Tips" that I think helped me. There were at least 3-4 that I noticed on the Florida Bar that I remembered reading about "like don't fall for this... ". If I ever felt that I needed extra clarification on an issue, that is when I would bust out the big outlines. My bar prep coaches from school told us it's not necessary to do that. When you start getting too far down the rabbit hole. They aren't going to test on stuff like that and if they do most people will get it wrong and its not going to matter.

Banana1
Posts: 63
Joined: Mon Oct 16, 2017 2:49 am

Re: 2018 February New York Bar

Postby Banana1 » Wed Dec 13, 2017 11:24 am

hey guys I have Question on constitutional law:
(actually many)

a person needs to have standing when suing in federal court right?
How does this work with supreme court etc,
Also is standing only relevant in relation to the cases and controversies that federal gov. has jurisdiction over?

under article 3 a person can sue state but then 11th amendment limits that Am i correct? except for when there is consent
so if a person tries to sue state that would be barred by the 11th amendment and there would be no standing issue?

Sorry I am soooo confused ( foreigner here)

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Respondeat_Inferior
Posts: 15
Joined: Sun Dec 03, 2017 4:03 am

Re: 2018 February New York Bar

Postby Respondeat_Inferior » Thu Dec 14, 2017 12:37 am

Jesus, federal civil procedure is making me feel like a fucking idiot. I'm nigh on 250 questions deep and I can't seem to break out of the 55% correct range per question set.

What kind of rude bastards write a bunch of laws that can't be easily put into mnemonics?

User avatar
Respondeat_Inferior
Posts: 15
Joined: Sun Dec 03, 2017 4:03 am

Re: 2018 February New York Bar

Postby Respondeat_Inferior » Thu Dec 14, 2017 1:17 am

Banana1 wrote:hey guys I have Question on constitutional law:
(actually many)

a person needs to have standing when suing in federal court right?
How does this work with supreme court etc,
Also is standing only relevant in relation to the cases and controversies that federal gov. has jurisor alldiction over?

under article 3 a person can sue state but then 11th amendment limits that Am i correct? except for when there is consent
so if a person tries to sue state that would be barred by the 11th amendment and there would be no standing issue?

Sorry I am soooo confused ( foreigner here)


I haven't gotten to con law yet but as I recall, standing is about whether or not you're the right person to be bringing an action. To have standing you have to show that you have some kind of injury, that the injury is recognized at law as some sort of injury (violation of rights, etc.), and that the cause of action you are trying to bring can actually remedy or alleviate your injury in some way.

So if you've gotten through the district court, and gotten through the appellate court, you've probably established you have standing already, unless the issue of whether or not you have standing is the thing on appeal.

You don't have to address the issue of standing again at the appellate court or the supreme court level unless standing itself is what's at issue in your appeal.

As for Article 3 and article 11. I think article 3 gave federal courts jurisdiction to hear cases between states and citizens of other states? States have sovereign immunity, yeah, but they also can waive immunity and they do so statutorily for a number of things. I'm grasping at straws here though.

Banana1
Posts: 63
Joined: Mon Oct 16, 2017 2:49 am

Re: 2018 February New York Bar

Postby Banana1 » Thu Dec 14, 2017 4:08 am

Respondeat_Inferior wrote:
Banana1 wrote:hey guys I have Question on constitutional law:
(actually many)

a person needs to have standing when suing in federal court right?
How does this work with supreme court etc,
Also is standing only relevant in relation to the cases and controversies that federal gov. has jurisor alldiction over?

under article 3 a person can sue state but then 11th amendment limits that Am i correct? except for when there is consent
so if a person tries to sue state that would be barred by the 11th amendment and there would be no standing issue?

Sorry I am soooo confused ( foreigner here)


I haven't gotten to con law yet but as I recall, standing is about whether or not you're the right person to be bringing an action. To have standing you have to show that you have some kind of injury, that the injury is recognized at law as some sort of injury (violation of rights, etc.), and that the cause of action you are trying to bring can actually remedy or alleviate your injury in some way.

So if you've gotten through the district court, and gotten through the appellate court, you've probably established you have standing already, unless the issue of whether or not you have standing is the thing on appeal.

You don't have to address the issue of standing again at the appellate court or the supreme court level unless standing itself is what's at issue in your appeal.

As for Article 3 and article 11. I think article 3 gave federal courts jurisdiction to hear cases between states and citizens of other states? States have sovereign immunity, yeah, but they also can waive immunity and they do so statutorily for a number of things. I'm grasping at straws here though.


But when it says federal courts does it include supreme court like cant supreme court not hear suits against states either?

Banana1
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Joined: Mon Oct 16, 2017 2:49 am

Re: 2018 February New York Bar

Postby Banana1 » Tue Dec 19, 2017 10:42 am

do you guys think its necessary to make notes from the big outline books? I feel like the lectures are sufficient information but I dont know

shannonsharpe
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Re: 2018 February New York Bar

Postby shannonsharpe » Tue Dec 19, 2017 4:53 pm

Hey just checking in. First-time taker here. Anybody doing Barbri?

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Respondeat_Inferior
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Joined: Sun Dec 03, 2017 4:03 am

Re: 2018 February New York Bar

Postby Respondeat_Inferior » Tue Dec 19, 2017 10:20 pm

RedGiant wrote:
Respondeat_Inferior wrote:I'm supplementing with lean sheets' outlines and flash cards so far but there's some stuff in lean sheets that seems....kind of wrong or misleading? Like sometimes they miss exceptions.


Lean Sheets is very loose on the correct law. I would use it for day-off quick review, but DO NOT memorize any black letter law from them. They were flat-dab wrong on a bunch of stuff, typos, missing important parts of tests...not good.


Yeah, I'm using Themis for my main study program and trying to correct their flash cards as I go through them. It's still a big help having a fair amount of them made for me because I definitely do not have time to whip out a thousand flash cards.

b290
Posts: 83
Joined: Mon Oct 23, 2017 5:28 pm

Re: 2018 February New York Bar

Postby b290 » Tue Dec 19, 2017 10:21 pm

Banana1 wrote:
Respondeat_Inferior wrote:
Banana1 wrote:hey guys I have Question on constitutional law:
(actually many)

a person needs to have standing when suing in federal court right?
How does this work with supreme court etc,
Also is standing only relevant in relation to the cases and controversies that federal gov. has jurisor alldiction over?

under article 3 a person can sue state but then 11th amendment limits that Am i correct? except for when there is consent
so if a person tries to sue state that would be barred by the 11th amendment and there would be no standing issue?

Sorry I am soooo confused ( foreigner here)

(Correct explanation)


But when it says federal courts does it include supreme court like cant supreme court not hear suits against states either?


Correct. The (relevant) Supreme Court is Federal; state supreme courts are usually distinguished. As per SCOTUS, 11A prevents people from suing states for money damages/equitable relief without their consent. Later cases also held:

- you can’t sue another state in federal court
- you can’t sue a state in state court for violating state law
- state officials can be enjoined (stopped) from violating federal law
- Congress can abrogate 11A immunity via legislation (pursuant to the 14th)

The 11th clarifies/limits Article 3 jurisdiction. Thankfully, it doesn’t get more complicated than this :lol: Of the 11A questions I’ve seen, the pertinent explanations have been addressed within this post.

My $.02

ilikemanipedis
Posts: 10
Joined: Wed Dec 20, 2017 6:34 pm

Re: 2018 February New York Bar

Postby ilikemanipedis » Wed Dec 20, 2017 6:37 pm

Checking in. Retaker. Didn't pass in July 2017.
Working full-time. Beginning tonight. Hopefully I'm not starting too late. Doing this studying thing while working full time can be difficult.
Used Barbri last time. This time I'm using Themis.

Banana1
Posts: 63
Joined: Mon Oct 16, 2017 2:49 am

Re: 2018 February New York Bar

Postby Banana1 » Thu Dec 21, 2017 8:06 am

Can someone please clarify how examsoft is used..

I downloaded the stuff. So the for the mock we need to submit it by february. and the actual files I will use on exam day are the other 2 ones uploaded in the system right? what about the password for those do we get them on exam day ?

Banana1
Posts: 63
Joined: Mon Oct 16, 2017 2:49 am

Re: 2018 February New York Bar

Postby Banana1 » Thu Dec 21, 2017 8:07 am

ilikemanipedis wrote:Checking in. Retaker. Didn't pass in July 2017.
Working full-time. Beginning tonight. Hopefully I'm not starting too late. Doing this studying thing while working full time can be difficult.
Used Barbri last time. This time I'm using Themis.



how do you find the lectures for themis vs barbri?

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lolabear727
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Re: 2018 February New York Bar

Postby lolabear727 » Thu Dec 21, 2017 9:50 am

Banana1 wrote:
ilikemanipedis wrote:Checking in. Retaker. Didn't pass in July 2017.
Working full-time. Beginning tonight. Hopefully I'm not starting too late. Doing this studying thing while working full time can be difficult.
Used Barbri last time. This time I'm using Themis.



how do you find the lectures for themis vs barbri?


I loved Barbri, but taking Themis this time, I really enjoy the shorter lectures and the your own pace aspect of Themis. Ask me in about a month and i'll hate them both equally.

Banana1
Posts: 63
Joined: Mon Oct 16, 2017 2:49 am

Re: 2018 February New York Bar

Postby Banana1 » Thu Dec 21, 2017 4:25 pm

property question

oliver conveys Blackacre “to Anna, but if the land is ever used as a business during Anna’s lifetime, to Ben.”


does this violate the rule of perpetuities ? i thought it did because it says life time

Banana1
Posts: 63
Joined: Mon Oct 16, 2017 2:49 am

Re: 2018 February New York Bar

Postby Banana1 » Thu Dec 21, 2017 4:25 pm

lolabear727 wrote:
Banana1 wrote:
ilikemanipedis wrote:Checking in. Retaker. Didn't pass in July 2017.
Working full-time. Beginning tonight. Hopefully I'm not starting too late. Doing this studying thing while working full time can be difficult.
Used Barbri last time. This time I'm using Themis.



how do you find the lectures for themis vs barbri?


I loved Barbri, but taking Themis this time, I really enjoy the shorter lectures and the your own pace aspect of Themis. Ask me in about a month and i'll hate them both equally.


I think themis lectures alone wont suffice the barbri would. I

b290
Posts: 83
Joined: Mon Oct 23, 2017 5:28 pm

Re: 2018 February New York Bar

Postby b290 » Thu Dec 21, 2017 4:32 pm

Banana1 wrote:Can someone please clarify how examsoft is used..

I downloaded the stuff. So the for the mock we need to submit it by february. and the actual files I will use on exam day are the other 2 ones uploaded in the system right? what about the password for those do we get them on exam day ?


Yes. You get the password for the MPT & MEE answer files on exam day. (it’s usually “begin” or something generic).

My $.02

Banana1
Posts: 63
Joined: Mon Oct 16, 2017 2:49 am

Re: 2018 February New York Bar

Postby Banana1 » Thu Dec 21, 2017 4:51 pm

b290 wrote:
Banana1 wrote:Can someone please clarify how examsoft is used..

I downloaded the stuff. So the for the mock we need to submit it by february. and the actual files I will use on exam day are the other 2 ones uploaded in the system right? what about the password for those do we get them on exam day ?


Yes. You get the password for the MPT & MEE answer files on exam day. (it’s usually “begin” or something generic).

My $.02


oh I get it thank you!!

b290
Posts: 83
Joined: Mon Oct 23, 2017 5:28 pm

Re: 2018 February New York Bar

Postby b290 » Thu Dec 21, 2017 5:17 pm

Banana1 wrote:property question

oliver conveys Blackacre “to Anna, but if the land is ever used as a business during Anna’s lifetime, to Ben.”


does this violate the rule of perpetuities ? i thought it did because it says life time

No, it’s fine. RAP violations depend on the measuring life + 21 years (MBE/UBE is 21 years, NY is different). Property interests must vest within that time or fail. Here, Anna’s life is the measuring life (she will die at some point after the conveyance). The combination of the lifetime restriction, with the definite time period, ensures that a property interest will vest and not violate the RAP. Therefore, the conveyance is acceptable.

Yep, I just (sloppily) CRAC’ed it on the fly. Just repeat for the exam. It’s that doable :lol:

You’ll need to do the same for finding that the above conveyance is a fee simple subject to an executory limitation (i.e. it’s yours until you don’t meet the terms, then a 3rd party takes it). Bonus points for noting:

- Anna’s descendants/devisees/heirs receive the property in fee simple absolute (provided that Anna doesn’t use it as a business),
- Ben (and his descendants/devisees/heirs) receive it in fee simple absolute if Anna does use it as a business, subject to an antilapse statute if Ben predeceases Anna
- Ben, or whomever receives Ben’s current interest via sale/conveyance/devise (subject to an antilapse statute), has an executory interest (as a 3rd party) subject to complete defeasance (termination)

My $.02

b290
Posts: 83
Joined: Mon Oct 23, 2017 5:28 pm

Re: 2018 February New York Bar

Postby b290 » Thu Dec 21, 2017 5:33 pm

Respondeat_Inferior wrote:Jesus, federal civil procedure is making me feel like a fucking idiot. I'm nigh on 250 questions deep and I can't seem to break out of the 55% correct range per question set.

What kind of rude bastards write a bunch of laws that can't be easily put into mnemonics?

You think that’s bad, try NY’s CPLR. Be thankful NY is a UBE state :lol:

My $.02

Banana1
Posts: 63
Joined: Mon Oct 16, 2017 2:49 am

Re: 2018 February New York Bar

Postby Banana1 » Thu Dec 21, 2017 5:41 pm

b290 wrote:
Banana1 wrote:property question

oliver conveys Blackacre “to Anna, but if the land is ever used as a business during Anna’s lifetime, to Ben.”


does this violate the rule of perpetuities ? i thought it did because it says life time

No, it’s fine. RAP violations depend on the measuring life + 21 years (MBE/UBE is 21 years, NY is different). Property interests must vest within that time or fail. Here, Anna’s life is the measuring life (she will die at some point after the conveyance). The combination of the lifetime restriction, with the definite time period, ensures that a property interest will vest and not violate the RAP. Therefore, the conveyance is acceptable.

Yep, I just (sloppily) CRAC’ed it on the fly. Just repeat for the exam. It’s that doable :lol:

You’ll need to do the same for finding that the above conveyance is a fee simple subject to an executory limitation (i.e. it’s yours until you don’t meet the terms, then a 3rd party takes it). Bonus points for noting:

- Anna’s descendants/devisees/heirs receive the property in fee simple absolute (provided that Anna doesn’t use it as a business),
- Ben (and his descendants/devisees/heirs) receive it in fee simple absolute if Anna does use it as a business, subject to an antilapse statute if Ben predeceases Anna
- Ben, or whomever receives Ben’s current interest via sale/conveyance/devise (subject to an antilapse statute), has an executory interest (as a 3rd party) subject to complete defeasance (termination)

My $.02


The last part doesnt make sense to me YET.
Thanks tho.. I came across a question which was really similar but it said

O conveys to A but if in 20 years it is used as business then to B

This didnt violate RAP which I get but the other one still doesnt make sense to me




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