2018 February New York Bar

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b290

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Re: 2018 February New York Bar

Postby b290 » Thu Dec 21, 2017 9:37 pm

Banana1 wrote:
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..[...]

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


That’s because in that conveyance, it’s guaranteed to vest/change hands in the RAP time period (measuring life + 21 years). It doesn’t even wait for the measuring life to die :lol: But even if A died right after the conveyance, there’s still 20 years in which whomever gets the property from A must not use it as a business. 20 < 21 so it’s good under the RAP

In the case you presented earlier:

“O to A, but if A uses premises for a business, then to B”

it’s still ok. The restriction that’ll switch ownership to B lasts (technically) for A’s life (measuring life) + 21 years after that. But A must use it as a business while she’s alive to terminate her estate. She can’t use it as a business when she’s dead. The property will vest either in her lifetime (because of A’s business use) or when she’s dead (to her heirs/devisees), so by definition - it doesn’t violate RAP.

The key to understanding RAP (and applying it correctly is knowing the measuring life, and when the interest is created. Once you’ve figured out that out, tack on the RAP period and use that as your measuring stick.

Here’s an example of that conveyance changed to violate the RAP:

“O to A and her heirs, but if it is ever used as a business, then to B”

We’ll presume that A has children, grandchildren and no will (you’ll know why I say this when you study Wills) to make this easy. A is the measuring life as before, but the restriction is for her and all who take after her - in perpetuity. In this scenario, there’s a possibility that 21 years after A dies, the property may/may not change hands. That violates the RAP and the offending part nullified.

If the above still makes no sense to you, don’t feel bad. I remember hearing in law school about a NY attorney who won his malpractice lawsuit because the RAP is hard to apply. But you need to get a basic grasp of it - there will be a question on the MBE and possibly in a property essay. Feel free to forget it after, unless you practice in Property/Estates Law :lol:

For more info, read here:

http://blog.legalsolutions.thomsonreute ... petuities/

My $.02

Banana1

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Re: 2018 February New York Bar

Postby Banana1 » Fri Dec 22, 2017 3:25 am

ok It took me a while but I get it now thank you so so so much!

Btw has anyone made their own schedule for studying? I am not using Themis' schedule I first finished all the material ( only have 3 subjects left) then will use remaining time for practice and memorisation

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Re: 2018 February New York Bar

Postby Jayhawker10 » Fri Dec 22, 2017 11:37 am

I am just getting started for February 2018 using Themis and Adaptibar (also bought CriticalPass cards). Reading this forum, I feel like I don't have a chance in hell at passing....I graduated law school in 2010 and am just now sitting for the bar for the first time (I went straight into a non-law government job upon graduating). I work full time (also in a non-law job) and have three kiddos at home. With some very early mornings/late nights over the next two months, I am hopeful to get in 5-6 hours a day of concentrated study time. Am I delusional that this will be enough to pass? Should I push to July (we have kiddo number 4 -- affectionately named 'oopsy baby' due on July 27....)?

b290

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Re: 2018 February New York Bar

Postby b290 » Sun Dec 24, 2017 8:52 pm

Banana1 wrote:ok It took me a while but I get it now thank you so so so much!

Btw has anyone made their own schedule for studying? I am not using Themis' schedule I first finished all the material ( only have 3 subjects left) then will use remaining time for practice and memorisation

You’re welcome bro. Glad I could be of service :D

I’m curious, what subjects do you have left? Myself, I’m going to take a couple days - likely from New Year’s Day - and just plow through all of them (it sounds terrible but it really isn’t :lol: )

My $.02

b290

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Re: 2018 February New York Bar

Postby b290 » Sun Dec 24, 2017 9:46 pm

Jayhawker10 wrote:I am just getting started for February 2018 using Themis and Adaptibar (also bought CriticalPass cards). Reading this forum, I feel like I don't have a chance in hell at passing....I graduated law school in 2010 and am just now sitting for the bar for the first time (I went straight into a non-law government job upon graduating). I work full time (also in a non-law job) and have three kiddos at home. With some very early mornings/late nights over the next two months, I am hopeful to get in 5-6 hours a day of concentrated study time. Am I delusional that this will be enough to pass? Should I push to July (we have kiddo number 4 -- affectionately named 'oopsy baby' due on July 27....)?


The answer...as you learned in law school....is “it depends.” :lol: You really have 2 options: postpone until 2019, or take it now.

(1) Postpone to 2019

With your kid due 2 days after the bar exam (July 24-25), July’s a no go. Your mind will (rightly) be on your wife/gf/SO/partner and the baby throughout study time. Plus, you need to have as much responsibility shifted from you as possible, which can be arranged now (not so much in 4-5 months). A very pregnant woman can only do so much in that regard. Also (as you know) babies come out on their own schedule.

Due to the above, any notion of a July 2018 exam would be a waste of time and money. So pushing the exam past this Feb means you’re effectively studying for Feb 2019 - with results out in April 2019 - and you must mentally prepare yourself.

(2) Take it now, get it over with

However, you’ve graduated law school, so you have the skills (and knowledge) to pass this exam. Keep in mind that half the takers in NY are foreign and have little to no exposure to what we Americans have imbibed since grade school. Many of those foreigners pass, so I don’t see why you can’t.

You do need a plan though. The quickest way you can re-learn your subjects, the better. You also need to get your IRAC/CRAC format memorized, and plan on how you’ll rack up the points needed to pass. It sounds like a lot of planning, but it really isn’t. You already have the prerequisite knowledge, you just need to re-familiarize.

You also have to presume that you’ll pass now, and actually believe it. Defeatism starts early, and it’s well documented that you can psyche yourself to fail an exam. Don’t be that guy :lol:

Whatever you do, wishing you luck!

My $.02

kc128

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Re: 2018 February New York Bar

Postby kc128 » Mon Dec 25, 2017 11:38 pm

Does anyone have an idea of when we can expect the location assignment email? Getting nervous that it's basically first come, first serve.

Banana1

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Re: 2018 February New York Bar

Postby Banana1 » Tue Dec 26, 2017 3:58 am

b290 wrote:
Banana1 wrote:ok It took me a while but I get it now thank you so so so much!

Btw has anyone made their own schedule for studying? I am not using Themis' schedule I first finished all the material ( only have 3 subjects left) then will use remaining time for practice and memorisation

You’re welcome bro. Glad I could be of service :D

I’m curious, what subjects do you have left? Myself, I’m going to take a couple days - likely from New Year’s Day - and just plow through all of them (it sounds terrible but it really isn’t :lol: )

My $.02


I have evidence and torts left from core subjects and I havent done any except for family on the rest.. is that too bad

Banana1

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Re: 2018 February New York Bar

Postby Banana1 » Tue Dec 26, 2017 5:13 am

can someone explain what the precluded claims in diversity cases mean ?

such as claims by existing plaintiffs ( but not defendants) against persons made parties under one of the rules such as impleader, compulsory joinder, permissive joinder or intervention
and claims by persons to be joined by plaintiffs

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lolabear727

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Re: 2018 February New York Bar

Postby lolabear727 » Tue Dec 26, 2017 9:40 am

kc128 wrote:Does anyone have an idea of when we can expect the location assignment email? Getting nervous that it's basically first come, first serve.


Should be pretty soon after this week. My guess (from past experience is first week of January. If you know anyone that just graduated law school in NY, ask them to let you know when they get theirs. We should get ours the next day. According to the website stating that it is all first come first serve unless you are a first time NY State law school taker.

kc128

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Re: 2018 February New York Bar

Postby kc128 » Tue Dec 26, 2017 12:16 pm

lolabear727 wrote:
kc128 wrote:Does anyone have an idea of when we can expect the location assignment email? Getting nervous that it's basically first come, first serve.


Should be pretty soon after this week. My guess (from past experience is first week of January. If you know anyone that just graduated law school in NY, ask them to let you know when they get theirs. We should get ours the next day. According to the website stating that it is all first come first serve unless you are a first time NY State law school taker.


I'm hoping for this week too. I went to LS in NY, but I'm not a first time taker. Here's to hoping for the best! I feel like it's going to be a rush to your email so I'm keeping mine open and waiting, though after New Years makes more sense.

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lolabear727

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Re: 2018 February New York Bar

Postby lolabear727 » Tue Dec 26, 2017 12:38 pm

kc128 wrote:
lolabear727 wrote:
kc128 wrote:Does anyone have an idea of when we can expect the location assignment email? Getting nervous that it's basically first come, first serve.


Should be pretty soon after this week. My guess (from past experience is first week of January. If you know anyone that just graduated law school in NY, ask them to let you know when they get theirs. We should get ours the next day. According to the website stating that it is all first come first serve unless you are a first time NY State law school taker.


I'm hoping for this week too. I went to LS in NY, but I'm not a first time taker. Here's to hoping for the best! I feel like it's going to be a rush to your email so I'm keeping mine open and waiting, though after New Years makes more sense.


Are you retaking NY UBE? This is my second attempt. I took Feb 17 in Buffalo. Was working full-time, wasn't too far off but definitely didn't study enough. This time I'm taking a prep course, which I didn't last time.

b290

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Re: 2018 February New York Bar

Postby b290 » Tue Dec 26, 2017 1:12 pm

Banana1 wrote:
b290 wrote:
Banana1 wrote:ok It took me a while but I get it now thank you so so so much!

Btw has anyone made their own schedule for studying? I am not using Themis' schedule I first finished all the material ( only have 3 subjects left) then will use remaining time for practice and memorisation

You’re welcome bro. Glad I could be of service :D

I’m curious, what subjects do you have left? Myself, I’m going to take a couple days - likely from New Year’s Day - and just plow through all of them (it sounds terrible but it really isn’t :lol: )

My $.02


I have evidence and torts left from core subjects and I havent done any except for family on the rest.. is that too bad

Doesn’t sound bad, esp since torts can be pretty easy to go over (negligence is 1/2 the subject and at least 1/2 of Torts on the exam). I’ve hated evidence from law school :lol: but biases aside, it (especially hearsay can get mechanical

As for the other subjects, Family Law is one of the last subjects many people do. You’re way ahead there :lol:

Banana1 wrote:can someone explain what the precluded claims in diversity cases mean ?

such as claims by existing plaintiffs ( but not defendants) against persons made parties under one of the rules such as impleader, compulsory joinder, permissive joinder or intervention
and claims by persons to be joined by plaintiffs

You mean under 1367 (b)? If so, check here:

viewtopic.php?t=114354

My $.02

kc128

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Re: 2018 February New York Bar

Postby kc128 » Tue Dec 26, 2017 1:51 pm

lolabear727 wrote:
kc128 wrote:
lolabear727 wrote:
kc128 wrote:Does anyone have an idea of when we can expect the location assignment email? Getting nervous that it's basically first come, first serve.


Should be pretty soon after this week. My guess (from past experience is first week of January. If you know anyone that just graduated law school in NY, ask them to let you know when they get theirs. We should get ours the next day. According to the website stating that it is all first come first serve unless you are a first time NY State law school taker.


I'm hoping for this week too. I went to LS in NY, but I'm not a first time taker. Here's to hoping for the best! I feel like it's going to be a rush to your email so I'm keeping mine open and waiting, though after New Years makes more sense.


Are you retaking NY UBE? This is my second attempt. I took Feb 17 in Buffalo. Was working full-time, wasn't too far off but definitely didn't study enough. This time I'm taking a prep course, which I didn't last time.


Retaking NY UBE! Ended up w/ a 262 in July... pure torture. I sat for 2016 too, sad to admit, but July 2017 was the closest I came. I used Barbri first time around, switched to Themis and a tutor for July 2017; using both again. I really like Themis and I supplemented MBE ?s w/ Kaplan and Emmanuel.

Banana1

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Re: 2018 February New York Bar

Postby Banana1 » Tue Dec 26, 2017 2:42 pm

b290 wrote:
Banana1 wrote:
b290 wrote:
Banana1 wrote:ok It took me a while but I get it now thank you so so so much!

Btw has anyone made their own schedule for studying? I am not using Themis' schedule I first finished all the material ( only have 3 subjects left) then will use remaining time for practice and memorisation

You’re welcome bro. Glad I could be of service :D

I’m curious, what subjects do you have left? Myself, I’m going to take a couple days - likely from New Year’s Day - and just plow through all of them (it sounds terrible but it really isn’t :lol: )

My $.02


I have evidence and torts left from core subjects and I havent done any except for family on the rest.. is that too bad

Doesn’t sound bad, esp since torts can be pretty easy to go over (negligence is 1/2 the subject and at least 1/2 of Torts on the exam). I’ve hated evidence from law school :lol: but biases aside, it (especially hearsay can get mechanical

As for the other subjects, Family Law is one of the last subjects many people do. You’re way ahead there :lol:

Banana1 wrote:can someone explain what the precluded claims in diversity cases mean ?

such as claims by existing plaintiffs ( but not defendants) against persons made parties under one of the rules such as impleader, compulsory joinder, permissive joinder or intervention
and claims by persons to be joined by plaintiffs

You mean under 1367 (b)? If so, check here:

viewtopic.php?t=114354

My $.02


I hate evidence im dreading it big time!

do you think 1 and a half month would be sufficient for memorisation and practice? themis told me that there schedule was proven to increase memory etc so i was making a mistake by nt following it.. it stressed me out

and yes! thanks again for the help:)

Banana1

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Re: 2018 February New York Bar

Postby Banana1 » Tue Dec 26, 2017 4:36 pm

themis takers, how did you find the torts lecturer? I think his name is Clark?

ecafracs

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Re: 2018 February New York Bar

Postby ecafracs » Tue Dec 26, 2017 5:04 pm

Anyone know if the Barbri immersion stuff is necessary?

I just got an email that there is a 12 hour online immersion class on the 28th and 29th. I thought Barbi would start with the first class on January 2nd, and I was hoping to go out of town a few days for the new year.

byag

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Re: 2018 February New York Bar

Postby byag » Tue Dec 26, 2017 5:52 pm

ecafracs wrote:Anyone know if the Barbri immersion stuff is necessary?

I just got an email that there is a 12 hour online immersion class on the 28th and 29th. I thought Barbi would start with the first class on January 2nd, and I was hoping to go out of town a few days for the new year.



I would recommend it as a good way to stick your toe in the water at the very beginning but it isn't essential. Over 14 hours of video, lots of superfluous information.

b290

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Re: 2018 February New York Bar

Postby b290 » Tue Dec 26, 2017 7:57 pm

Banana1 wrote:I hate evidence im dreading it big time!

do you think 1 and a half month would be sufficient for memorisation and practice? themis told me that there schedule was proven to increase memory etc so i was making a mistake by nt following it.. it stressed me out

and yes! thanks again for the help:)

As any attorney worth his/her salt would say: “it depends” :lol:

Seriously, most people I knew (who passed) needed a few weeks - if that’s any indication :lol:

My $.02

Banana1

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Re: 2018 February New York Bar

Postby Banana1 » Tue Dec 26, 2017 9:16 pm

b290 wrote:
Banana1 wrote:I hate evidence im dreading it big time!

do you think 1 and a half month would be sufficient for memorisation and practice? themis told me that there schedule was proven to increase memory etc so i was making a mistake by nt following it.. it stressed me out

and yes! thanks again for the help:)

As any attorney worth his/her salt would say: “it depends” :lol:

Seriously, most people I knew (who passed) needed a few weeks - if that’s any indication :lol:

My $.02


Yeh but I didnt study in the states:)

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UBETutoring

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Re: 2018 February New York Bar

Postby UBETutoring » Wed Dec 27, 2017 12:17 pm

Mod edit: this is a reminder not to advertise tutoring services in this forum.

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elmar

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Re: 2018 February New York Bar

Postby elmar » Wed Dec 27, 2017 1:47 pm

I'm trying to do some planning for the coming year, and presuming I manage to pass the Feb bar, is it possible to do the C&F and swearing in remotely? I couldn't find anything definitive online, but I get the impression that it's a requirement that one actually be there. It looks likes the swearing in happens in April, so I guess out-of-state people just have to fly in for that? I guess I'm apathetic because I'm not concerned about C&F (never done anything interesting in life without so much as a speeding ticket to report, so it's not something I'm worried about), and ceremonies can be nice and all but I was planning on being a long flight away by then, so if it's possible to get out of going to Albany or Buffalo for mere formalities it would be pretty great.

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UBETutoring

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Re: 2018 February New York Bar

Postby UBETutoring » Wed Dec 27, 2017 3:30 pm

elmar wrote:I'm trying to do some planning for the coming year, and presuming I manage to pass the Feb bar, is it possible to do the C&F and swearing in remotely? I couldn't find anything definitive online, but I get the impression that it's a requirement that one actually be there. It looks likes the swearing in happens in April, so I guess out-of-state people just have to fly in for that? I guess I'm apathetic because I'm not concerned about C&F (never done anything interesting in life without so much as a speeding ticket to report, so it's not something I'm worried about), and ceremonies can be nice and all but I was planning on being a long flight away by then, so if it's possible to get out of going to Albany or Buffalo for mere formalities it would be pretty great.

Yeah. It's a normalcy check. Doubtful they will let you do an interview remotely. It's a normalcy check - they want to make sure you can get somewhere on time not obviously under the influence, and not be totally crazy. They also normally want you to go to some pre-swear in ethics class.

b290

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Re: 2018 February New York Bar

Postby b290 » Wed Dec 27, 2017 11:30 pm

elmar wrote:I'm trying to do some planning for the coming year, and presuming I manage to pass the Feb bar, is it possible to do the C&F and swearing in remotely? I couldn't find anything definitive online, but I get the impression that it's a requirement that one actually be there. It looks likes the swearing in happens in April, so I guess out-of-state people just have to fly in for that? I guess I'm apathetic because I'm not concerned about C&F (never done anything interesting in life without so much as a speeding ticket to report, so it's not something I'm worried about), and ceremonies can be nice and all but I was planning on being a long flight away by then, so if it's possible to get out of going to Albany or Buffalo for mere formalities it would be pretty great.

If you’re out of state, you can only send your stuff to the 3rd Department (Albany). Your C&F interview’s also there. The other Departments usually require a residence address.

C&F interviews are usually tied to your swearing-in (they happen close to each other). Even if they allow you to remotely interview, you’re not getting out of an on-site swear in.

My $.02

b290

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Re: 2018 February New York Bar

Postby b290 » Wed Dec 27, 2017 11:35 pm

kc128 wrote:
lolabear727 wrote:
kc128 wrote:Does anyone have an idea of when we can expect the location assignment email? Getting nervous that it's basically first come, first serve.


Should be pretty soon after this week. My guess (from past experience is first week of January. If you know anyone that just graduated law school in NY, ask them to let you know when they get theirs. We should get ours the next day. According to the website stating that it is all first come first serve unless you are a first time NY State law school taker.


I'm hoping for this week too. I went to LS in NY, but I'm not a first time taker. Here's to hoping for the best! I feel like it's going to be a rush to your email so I'm keeping mine open and waiting, though after New Years makes more sense.

Last Feb, I got my email on Tuesday, January 10. I’d be very surprised if it’s before the weekend of January 7 this time.

Banana1 wrote:Yeh but I didnt study in the states:)

Add 2-3 weeks for those I knew who came in from abroad.

You’ve got this. Stop worrying :lol:

My $.02

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Re: 2018 February New York Bar

Postby myrtlewinston » Thu Dec 28, 2017 2:20 am

Banana1 wrote:themis takers, how did you find the torts lecturer? I think his name is Clark?


Sherman Clark?



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