2019 February California Bar

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davidagnew

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Re: 2019 February California Bar

Postby davidagnew » Sun Feb 03, 2019 7:09 pm

a male human wrote:
davidagnew wrote:Hey everyone. I just bought a supplement and used it for the first time when working on a contracts essay. Either I spotted an error in my first time using this supplement, or else I'm totally confused and wrong, I and shouldn't blame the supplement.

The supplement states the following rule: where there is a battle of the forms under the UCC, and the offeree accepts by sending a form containing different or additional terms, the different or additional terms are deemed included in the contract only where: 1) both parties are merchants; 2) the term is not a material change; 3) the offer does not expressly limit acceptance to the terms of the offer; AND 4) no objection was made within a reasonable period of time.

I think this rule statement is a big problem because where there are "different terms," the knockout rule applies so that neither term enters the contract, and UCC gap fillers go in. Where the terms are additional, then that rule is correctly stated. Also, I don't know how one would analyze whether a *different* term is material.

What do you guys think?

AFAIK, under a minority rule, different terms may be analyzed as if they are additional terms. That is, they're automatically part of K unless offeror objects, material alteration, or acceptance is not definite (e.g., acceptance made conditional). Otherwise, the knockout rule applies.

A different term might be material if it changes, say, the deadline or method of dealing.


When, if ever, might a different term be immaterial? I would think that if, for issue X, buyer wants rule A, but seller wants rule B, then issue X is material. If the term is additional, then it might make sense that issue X is might not be material because one party didn't stake out a position on it.

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a male human

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Re: 2019 February California Bar

Postby a male human » Sun Feb 03, 2019 7:34 pm

davidagnew wrote:
a male human wrote:
davidagnew wrote:Hey everyone. I just bought a supplement and used it for the first time when working on a contracts essay. Either I spotted an error in my first time using this supplement, or else I'm totally confused and wrong, I and shouldn't blame the supplement.

The supplement states the following rule: where there is a battle of the forms under the UCC, and the offeree accepts by sending a form containing different or additional terms, the different or additional terms are deemed included in the contract only where: 1) both parties are merchants; 2) the term is not a material change; 3) the offer does not expressly limit acceptance to the terms of the offer; AND 4) no objection was made within a reasonable period of time.

I think this rule statement is a big problem because where there are "different terms," the knockout rule applies so that neither term enters the contract, and UCC gap fillers go in. Where the terms are additional, then that rule is correctly stated. Also, I don't know how one would analyze whether a *different* term is material.

What do you guys think?

AFAIK, under a minority rule, different terms may be analyzed as if they are additional terms. That is, they're automatically part of K unless offeror objects, material alteration, or acceptance is not definite (e.g., acceptance made conditional). Otherwise, the knockout rule applies.

A different term might be material if it changes, say, the deadline or method of dealing.


When, if ever, might a different term be immaterial? I would think that if, for issue X, buyer wants rule A, but seller wants rule B, then issue X is material. If the term is additional, then it might make sense that issue X is might not be material because one party didn't stake out a position on it.

Can't think of an actually tested immaterial change on a past essay, but I'm thinking something like if the delivery address is different, that might be considered not a big deal.

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a male human

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Re: 2019 February California Bar

Postby a male human » Sun Feb 03, 2019 7:38 pm

xonimi wrote:Am I the only one who still feels like they don't know enough? I know we have 3 weeks but that just doesn't seem like enough time to learn/memorize everything that I think I need to know. I'm still not done learning substantive law and I still need to memorize. I've been feeling overwhelmed the past couple of days and this is exactly how I felt around the same time I was getting ready for the July exam. I don't think that's a good sign.

I also took the Simulated MBE for Barbri and I only did 4 points better than I did the last time I took it for the July exam. I know that exam is tough but I was hoping to see a bigger difference. The fact that I've barely improved since the July exam is making me nervous.

How to you plan to use the results of the simulated MBE?

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MBernard

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Re: 2019 February California Bar

Postby MBernard » Sun Feb 03, 2019 8:58 pm

xonimi wrote:Am I the only one who still feels like they don't know enough? I know we have 3 weeks but that just doesn't seem like enough time to learn/memorize everything that I think I need to know. I'm still not done learning substantive law and I still need to memorize. I've been feeling overwhelmed the past couple of days and this is exactly how I felt around the same time I was getting ready for the July exam. I don't think that's a good sign.

I also took the Simulated MBE for Barbri and I only did 4 points better than I did the last time I took it for the July exam. I know that exam is tough but I was hoping to see a bigger difference. The fact that I've barely improved since the July exam is making me nervous.


It’s always unnerving taking the bar exam as it’s extremely unlikely you are going to be an expert on every subject. At this point I think allocating more time to going through past exams and looking at how the answers are setup would be the best idea. You will learn a ton by going through the past exams and more likely than not you’ll be able to input some of what you’ve seen into your feb exam.

I don’t believe I ever did the simulated MBE but since you went through the work make sure you review your wrong answers. Only way to get more answers right on game day is to review your mistakes now.

barbarbarfu

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Re: 2019 February California Bar

Postby barbarbarfu » Sun Feb 03, 2019 10:52 pm

I have been out of school for 5 years.
My study material except for, AHCA, Obergefell v. Hodges(2105), ADAPTIBAR and "Emanuel on MBE" is from 5 years ago, Barbri 2014.

I just came across this from NCBE saying new areas of property law have been added !!!!!!!!!!!!!WTF



New topics will inclu
de
[list=]conflicts of law (I.D.4.);
property owners’ associations and common interest ownership communities (II.A.6.);
drafting, review, and negotiation of closing documents (V.B.3.); and
persons authorized to execute real estate documents (V.B.4.).
[/list]
Minor modifications will include providing specific examples of rules affecting future interests (I.A.2.e.); including security deposits in termination of tenancies (I.C.4.); providing more detailed zoning topics (II.D.1.–3.); and including as separate topics transfers of restrictive covenants (II.A.4.), transfers of easements, profits, and licenses (II.B.4.), and acceleration of loans before foreclosure (IV.E.2.).

Where can I get supplemental for the above mentioned areas?

I am planning on hitting a Hornbook for those areas of law unless I can get my hand on some recent outlines.

CA bear

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Re: 2019 February California Bar

Postby CA bear » Mon Feb 04, 2019 10:46 am

Hello guys, does anyone know how many times we can practice "mock exam" in Examplify? Recently I practice my essay using Examplify. For the first 5 times or so, the new mock exam was automatically downloaded after uploading my mock essay. However, since yesterday my Examplify does not download new mock exam any longer. I am glad to know if anyone is facing the same situation (and if it has no problem in the actual test on Feb 26).

xonimi

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Re: 2019 February California Bar

Postby xonimi » Mon Feb 04, 2019 7:02 pm

a male human wrote:
xonimi wrote:Am I the only one who still feels like they don't know enough? I know we have 3 weeks but that just doesn't seem like enough time to learn/memorize everything that I think I need to know. I'm still not done learning substantive law and I still need to memorize. I've been feeling overwhelmed the past couple of days and this is exactly how I felt around the same time I was getting ready for the July exam. I don't think that's a good sign.

I also took the Simulated MBE for Barbri and I only did 4 points better than I did the last time I took it for the July exam. I know that exam is tough but I was hoping to see a bigger difference. The fact that I've barely improved since the July exam is making me nervous.

How to you plan to use the results of the simulated MBE?


I'm going through each question I got wrong and the ones I got right but I wasn't sure about and reading through the explanations and writing down the rules to review them. Not sure what else I can do. My MBE score was very close in the July bar (142) so assuming all goes well I think I can get to or pass 144 this time. I was just hoping to do really well on the MBE portion so I could have a chance of passing even if my essays aren't that great because essays were my biggest problem last time (mostly 55s and low 60s).

yukishirotomoe

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Re: 2019 February California Bar

Postby yukishirotomoe » Mon Feb 04, 2019 7:04 pm

Does anyone know any MPT grading services? I know there is a point sheet to guide us through the issues that need to be discussed. However, it'd be great to get a sense of where our PTs stand from a grader's point of view.

xonimi

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Re: 2019 February California Bar

Postby xonimi » Mon Feb 04, 2019 7:20 pm

MBernard wrote:
xonimi wrote:Am I the only one who still feels like they don't know enough? I know we have 3 weeks but that just doesn't seem like enough time to learn/memorize everything that I think I need to know. I'm still not done learning substantive law and I still need to memorize. I've been feeling overwhelmed the past couple of days and this is exactly how I felt around the same time I was getting ready for the July exam. I don't think that's a good sign.

I also took the Simulated MBE for Barbri and I only did 4 points better than I did the last time I took it for the July exam. I know that exam is tough but I was hoping to see a bigger difference. The fact that I've barely improved since the July exam is making me nervous.


It’s always unnerving taking the bar exam as it’s extremely unlikely you are going to be an expert on every subject. At this point I think allocating more time to going through past exams and looking at how the answers are setup would be the best idea. You will learn a ton by going through the past exams and more likely than not you’ll be able to input some of what you’ve seen into your feb exam.

I don’t believe I ever did the simulated MBE but since you went through the work make sure you review your wrong answers. Only way to get more answers right on game day is to review your mistakes now.


I really need to force myself to do more practice exams. I didn't do enough last time because it seemed counterintuitive to write out essays when I hadn't learned/memorized the rules yet and I ended up with low scores because of that.

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a male human

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Re: 2019 February California Bar

Postby a male human » Mon Feb 04, 2019 7:51 pm

xonimi wrote:
a male human wrote:
xonimi wrote:Am I the only one who still feels like they don't know enough? I know we have 3 weeks but that just doesn't seem like enough time to learn/memorize everything that I think I need to know. I'm still not done learning substantive law and I still need to memorize. I've been feeling overwhelmed the past couple of days and this is exactly how I felt around the same time I was getting ready for the July exam. I don't think that's a good sign.

I also took the Simulated MBE for Barbri and I only did 4 points better than I did the last time I took it for the July exam. I know that exam is tough but I was hoping to see a bigger difference. The fact that I've barely improved since the July exam is making me nervous.

How to you plan to use the results of the simulated MBE?


I'm going through each question I got wrong and the ones I got right but I wasn't sure about and reading through the explanations and writing down the rules to review them. Not sure what else I can do. My MBE score was very close in the July bar (142) so assuming all goes well I think I can get to or pass 144 this time. I was just hoping to do really well on the MBE portion so I could have a chance of passing even if my essays aren't that great because essays were my biggest problem last time (mostly 55s and low 60s).

xonimi wrote:
MBernard wrote:
xonimi wrote:Am I the only one who still feels like they don't know enough? I know we have 3 weeks but that just doesn't seem like enough time to learn/memorize everything that I think I need to know. I'm still not done learning substantive law and I still need to memorize. I've been feeling overwhelmed the past couple of days and this is exactly how I felt around the same time I was getting ready for the July exam. I don't think that's a good sign.

I also took the Simulated MBE for Barbri and I only did 4 points better than I did the last time I took it for the July exam. I know that exam is tough but I was hoping to see a bigger difference. The fact that I've barely improved since the July exam is making me nervous.


It’s always unnerving taking the bar exam as it’s extremely unlikely you are going to be an expert on every subject. At this point I think allocating more time to going through past exams and looking at how the answers are setup would be the best idea. You will learn a ton by going through the past exams and more likely than not you’ll be able to input some of what you’ve seen into your feb exam.

I don’t believe I ever did the simulated MBE but since you went through the work make sure you review your wrong answers. Only way to get more answers right on game day is to review your mistakes now.


I really need to force myself to do more practice exams. I didn't do enough last time because it seemed counterintuitive to write out essays when I hadn't learned/memorized the rules yet and I ended up with low scores because of that.



This is great. Two takeaways:

1. Doing the questions isn't where you learn. Figuring out what went right or wrong is where you learn. The diagnostic exam was like getting on the scale. What you do between the weigh-ins changes the next weigh-in. Redoing questions to apply what you learned will also help solidify.

2. Writing out essays (or even just the issues and rules) forces you to recall and put together the correct issues and rules. You want those "aha" moments when you look at the model answers. If you can learn the things you can't write out now, you'll be in better shape on the real thing. Better to fail now. The more essays you see, the more patterns you see (hence, fact patterns). Once you know how to resolve these issues, on test day, it'll feel like you're looking at the same facts with different names and numbers plugged in.

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Atmosphere

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Re: 2019 February California Bar

Postby Atmosphere » Wed Feb 06, 2019 8:52 pm

Is anyone else forced to write with a 9pt font in examplify? Whenever I back space below a sentence it reverts back from 12pt to 9pt font. Aren't we supposed to write the essays in 12?

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MBernard

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Re: 2019 February California Bar

Postby MBernard » Thu Feb 07, 2019 1:15 pm

Atmosphere wrote:Is anyone else forced to write with a 9pt font in examplify? Whenever I back space below a sentence it reverts back from 12pt to 9pt font. Aren't we supposed to write the essays in 12?


I’ve never heard of a font requirement, if there is one, it probably is new I’m guessing. My essays were in size 9 font when I submitted my answers for the J18 exam and I passed (I wasn’t admonished either). Assuming nothing changed since then, I think size 9 font is still alright.

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Re: 2019 February California Bar

Postby Nightcrawler » Thu Feb 07, 2019 2:18 pm

MBernard wrote:
Atmosphere wrote:Is anyone else forced to write with a 9pt font in examplify? Whenever I back space below a sentence it reverts back from 12pt to 9pt font. Aren't we supposed to write the essays in 12?


I’ve never heard of a font requirement, if there is one, it probably is new I’m guessing. My essays were in size 9 font when I submitted my answers for the J18 exam and I passed (I wasn’t admonished either). Assuming nothing changed since then, I think size 9 font is still alright.


When they print the answers to correct them, the get completely reformatted. So you can use the font size that you want. Personally, I used a gigantic one (like 22 or something) to make sure not to become blind during the exam.

If you want the font bigger/smaller for your personal preference, I suggest you change the font before opening the exam in the Examplify’s main settings.

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Atmosphere

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Re: 2019 February California Bar

Postby Atmosphere » Thu Feb 07, 2019 3:05 pm

Nightcrawler wrote:
MBernard wrote:
Atmosphere wrote:Is anyone else forced to write with a 9pt font in examplify? Whenever I back space below a sentence it reverts back from 12pt to 9pt font. Aren't we supposed to write the essays in 12?


I’ve never heard of a font requirement, if there is one, it probably is new I’m guessing. My essays were in size 9 font when I submitted my answers for the J18 exam and I passed (I wasn’t admonished either). Assuming nothing changed since then, I think size 9 font is still alright.


When they print the answers to correct them, the get completely reformatted. So you can use the font size that you want. Personally, I used a gigantic one (like 22 or something) to make sure not to become blind during the exam.

If you want the font bigger/smaller for your personal preference, I suggest you change the font before opening the exam in the Examplify’s main settings.


Thanks guys, I was straining my eyes to see the 9pt font so this is helpful.

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Re: 2019 February California Bar

Postby jptx » Thu Feb 07, 2019 6:39 pm

Atmosphere wrote:Is anyone else forced to write with a 9pt font in examplify? Whenever I back space below a sentence it reverts back from 12pt to 9pt font. Aren't we supposed to write the essays in 12?

There is no requirement but that was a frustrating problem in that 9pt is too small. When I practiced in examplify I changed the font to 14 so I could see it better, and did the same before each test question on test day. Small thing but I have to wonder if when these are printed for grading the larger font makes them more readable.

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Re: 2019 February California Bar

Postby Beatthebar89 » Thu Feb 07, 2019 10:07 pm

I am so lost as to how any of these commercial courses can even get me close to prepared for the exam. I am taking Themis and will be lucky to even get to 50%. Part of the reason is that I am trying to structure an outline so I know what to write for the essays. But it takes me days to get one subject done. I see everyone here being almost done with the course so I have the following question: am I just not sharp enough to synthesize these rules into a flowing outline and get practice or are most of you merely not outlining and trying to practice and use the outlines they provide as a review? Because all I hear is that you do not need to be smart to take this exam and that anyone can pass it so long as they put in 6-8 hours for at least a month.

I cannot figure out how I am so slow in learning the law and getting through these damn subjects. Maybe taking the California bar is the problem or maybe I just do not know how to prioritize the issues to learn. But I am desperate for some help or advice. Honestly, I do not feel there is any point of me even sitting for this exam based on my knowledge of the 6 subjects I have already outlined. I cannot imagine doing an essay on the other 6-7 subjects that I have yet to go over.

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Re: 2019 February California Bar

Postby Nightcrawler » Fri Feb 08, 2019 2:20 am

Beatthebar89 wrote:I am so lost as to how any of these commercial courses can even get me close to prepared for the exam. I am taking Themis and will be lucky to even get to 50%. Part of the reason is that I am trying to structure an outline so I know what to write for the essays. But it takes me days to get one subject done. I see everyone here being almost done with the course so I have the following question: am I just not sharp enough to synthesize these rules into a flowing outline and get practice or are most of you merely not outlining and trying to practice and use the outlines they provide as a review? Because all I hear is that you do not need to be smart to take this exam and that anyone can pass it so long as they put in 6-8 hours for at least a month.

I cannot figure out how I am so slow in learning the law and getting through these damn subjects. Maybe taking the California bar is the problem or maybe I just do not know how to prioritize the issues to learn. But I am desperate for some help or advice. Honestly, I do not feel there is any point of me even sitting for this exam based on my knowledge of the 6 subjects I have already outlined. I cannot imagine doing an essay on the other 6-7 subjects that I have yet to go over.


Having this type of meltdown is really understandable. Especially 2-3 weeks out. Just remember that the bar exam is a marathon, not a sprint and as long as you have a good method and you see progress in the beginning, you WILL pass. Yes, it may take a few attempts to sharpen your approach but it’s doable. Now just go ahead and give 101% until exam day.

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MBernard

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Re: 2019 February California Bar

Postby MBernard » Fri Feb 08, 2019 2:42 am

Beatthebar89 wrote:I am so lost as to how any of these commercial courses can even get me close to prepared for the exam. I am taking Themis and will be lucky to even get to 50%. Part of the reason is that I am trying to structure an outline so I know what to write for the essays. But it takes me days to get one subject done. I see everyone here being almost done with the course so I have the following question: am I just not sharp enough to synthesize these rules into a flowing outline and get practice or are most of you merely not outlining and trying to practice and use the outlines they provide as a review? Because all I hear is that you do not need to be smart to take this exam and that anyone can pass it so long as they put in 6-8 hours for at least a month.

I cannot figure out how I am so slow in learning the law and getting through these damn subjects. Maybe taking the California bar is the problem or maybe I just do not know how to prioritize the issues to learn. But I am desperate for some help or advice. Honestly, I do not feel there is any point of me even sitting for this exam based on my knowledge of the 6 subjects I have already outlined. I cannot imagine doing an essay on the other 6-7 subjects that I have yet to go over.


The commercial courses aren't for everyone. I briefly had some exposure to a commercial prep course and I'm not an advocate. In order to achieve 100% completion the course required you to do tons of exercises that I felt were unnecessary and a waste of time (fill-in the blank quizzes; quizzes on a subject's primer; lengthy lectures videos; motivational videos; explanatory videos for Qs you missed; etc.). The big box prep courses are charging a fair amount of money so they want to provide you with every resource and video possible to make sure that you succeed. The problem is that it is easy to get overwhelmed when you are inundated with every available resource and you can get lost fast (not knowing which resource to allocate time to or what your priorities should be).

When I took and passed two bar exams consecutively (TX + CA) I did so by making my own study plan and using second hand materials plus Adaptibar. Structuring your own study plan is very doable but its frightening because it requires discipline and responsible time management; which is why it's the road less traveled. For the essays, you need to have a working understanding of the subject matter and be able to setup (and format) your answers in the manner the Ca bar examiners want. IMO, the best way to acquire a working understanding of the subject matter is to review a condensed outline book, look at tons of essays, and review your mistakes (as was mentioned in the above posts).

At this point I think that both listening to the video lectures (fill-in the blank stuff) and creating your own outlines is a bad idea. If I were in your position, I'd focus on reading a lot of past essays, mentally setting them up, and then looking at the answer in order to see how well your thought process coincides with the correct solution. You don't have a ton of time left, my recommendation is 50 MBES (reviewing your mistakes), reading 5 essays a day and reading the outlines in your condensed outline book for the subjects you haven't hit yet. If you need a resource for the essays use the the outline book Themis provided you with (hopefully it's a condensed version). One thing the big bar companies do well is structuring their outline books to cover the universe of what usually comes up on exam day. Also, be conscious of what subjects have already been tested in J18. Anything is possible, but probably it is less likely you'll see Ca Evidence and Community Property this February.

You don't have to be an excellent student to pass the exam. I come from a school in Indiana no one has ever heard of; academically, I was in the bottom half of my class. What is important is that you utilize the correct tools (real essays, real MBES, and an outline book) and structure yourself tyrannically in order to succeed (be disciplined).

Best of luck with your examination!

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Re: 2019 February California Bar

Postby rcharter1978 » Fri Feb 08, 2019 3:46 pm

Beatthebar89 wrote:I am so lost as to how any of these commercial courses can even get me close to prepared for the exam. I am taking Themis and will be lucky to even get to 50%. Part of the reason is that I am trying to structure an outline so I know what to write for the essays. But it takes me days to get one subject done. I see everyone here being almost done with the course so I have the following question: am I just not sharp enough to synthesize these rules into a flowing outline and get practice or are most of you merely not outlining and trying to practice and use the outlines they provide as a review? Because all I hear is that you do not need to be smart to take this exam and that anyone can pass it so long as they put in 6-8 hours for at least a month.

I cannot figure out how I am so slow in learning the law and getting through these damn subjects. Maybe taking the California bar is the problem or maybe I just do not know how to prioritize the issues to learn. But I am desperate for some help or advice. Honestly, I do not feel there is any point of me even sitting for this exam based on my knowledge of the 6 subjects I have already outlined. I cannot imagine doing an essay on the other 6-7 subjects that I have yet to go over.


a) you know more than you think you know

b) I think it's more about the quality of the studying than the quantity so I hate when people trot out the idea that as long as you're "studying" 6-8 hours a day, you'll pass

c) essays do not have to be perfect, which is something I think people forget in the stress of everything. You can't miss big issues, but you can miss quite a few points and still do okay on the essays.

d) and the essays are still only 50% of your grade AND that includes the PT, which you can absolutely prepare for.

e) if you're coming to the end of the road, I think that doing a quick subject review and then reading essays and doing mbes may be a good strategy. Also, maybe with the time you have left, focus in on subjects that are MBE and essay subjects.

I don't know you, but if you're giving every subject an inordinate amount of time, you might be getting a little lost in the weeds. Also, trying to write specialized outlines for essays that are now less than 50% of your score and don't have to be perfect may not be the best use of your time.

I learn subjects best by outlining and writing, so I get it, but like trying to customize outlines for essay flow? That's a lot of additional work you're putting on yourself.

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rcharter1978

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Re: 2019 February California Bar

Postby rcharter1978 » Fri Feb 08, 2019 3:48 pm

Also, no tea, no shade, but at this point, unless it's a subject you're lost in or never took I would probably go for the outline and skip the video presentation, but m will v on the subject.

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Re: 2019 February California Bar

Postby davidagnew » Mon Feb 11, 2019 12:01 am

Hey you guys. I found myself spinning my wheels on Professional Responsibility. I have Kaplan, and the new outline they prepared really confused me, and their old model answers for PR essays are not updated to reflect the new rules. I wish I had started by just reading the relevant sections of the new CPRC online at http://www.calbar.ca.gov/Attorneys/Cond ... rent-Rules

The comments to the CPRC rules are examples and explanations that help make it all come together, and in a way I found much easier to understand than trying to use the Kaplan material

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Re: 2019 February California Bar

Postby lostinca » Mon Feb 11, 2019 6:54 pm

Hey guys,

Was hoping some of you could provide a bit of clarity for me with respect to trusts. I for the most part understand the topic and what is within, but my question is with respect to structure and or how to approach a trust question. I have attempted to check multiple sources online and still feel a bit lost. If anyone can give me some insight, I would greatly appreciate it.

My current approach to trusts is this:
1. Valid trust- I first and foremost attempt to make sure there is a valid trust. So I run through the elements trust property, beneficiary, trustee, intent, and valid legal purpose.

2. If the trust is valid then I attempt to label the trust itself. Whether it be a private express trust, charitable trust, etc. My understanding is a trust can fit more than one? So discuss all the possible ones?

3. Then I address any violations to duties, modifications, etc.

I don't really know where to put the creation element? for a trust (trust designed to take effect at T death, declaration in trust, transfer in trust). Or what to discuss with respect to this besides if for example they transferred it to a third party.

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Re: 2019 February California Bar

Postby barjamie8 » Mon Feb 11, 2019 8:42 pm

lostinca wrote:Hey guys,

Was hoping some of you could provide a bit of clarity for me with respect to trusts. I for the most part understand the topic and what is within, but my question is with respect to structure and or how to approach a trust question. I have attempted to check multiple sources online and still feel a bit lost. If anyone can give me some insight, I would greatly appreciate it.

My current approach to trusts is this:
1. Valid trust- I first and foremost attempt to make sure there is a valid trust. So I run through the elements trust property, beneficiary, trustee, intent, and valid legal purpose.

2. If the trust is valid then I attempt to label the trust itself. Whether it be a private express trust, charitable trust, etc. My understanding is a trust can fit more than one? So discuss all the possible ones?

3. Then I address any violations to duties, modifications, etc.

I don't really know where to put the creation element? for a trust (trust designed to take effect at T death, declaration in trust, transfer in trust). Or what to discuss with respect to this besides if for example they transferred it to a third party.


Have you looked at sample high scoring trust questions that scored 65-80?

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rcharter1978

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Re: 2019 February California Bar

Postby rcharter1978 » Mon Feb 11, 2019 11:24 pm

lostinca wrote:Hey guys,

Was hoping some of you could provide a bit of clarity for me with respect to trusts. I for the most part understand the topic and what is within, but my question is with respect to structure and or how to approach a trust question. I have attempted to check multiple sources online and still feel a bit lost. If anyone can give me some insight, I would greatly appreciate it.

My current approach to trusts is this:
1. Valid trust- I first and foremost attempt to make sure there is a valid trust. So I run through the elements trust property, beneficiary, trustee, intent, and valid legal purpose.

2. If the trust is valid then I attempt to label the trust itself. Whether it be a private express trust, charitable trust, etc. My understanding is a trust can fit more than one? So discuss all the possible ones?

3. Then I address any violations to duties, modifications, etc.

I don't really know where to put the creation element? for a trust (trust designed to take effect at T death, declaration in trust, transfer in trust). Or what to discuss with respect to this besides if for example they transferred it to a third party.


It's been a minute, but I normally would address creation before step one. But I would certainly recommend taking the advice of others before mine. To me that just seems to make the most sense.

yespasscbx

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Posts: 4
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Re: 2019 February California Bar

Postby yespasscbx » Tue Feb 12, 2019 12:02 am

lostinca wrote:Hey guys,

Was hoping some of you could provide a bit of clarity for me with respect to trusts. I for the most part understand the topic and what is within, but my question is with respect to structure and or how to approach a trust question. I have attempted to check multiple sources online and still feel a bit lost. If anyone can give me some insight, I would greatly appreciate it.

My current approach to trusts is this:
1. Valid trust- I first and foremost attempt to make sure there is a valid trust. So I run through the elements trust property, beneficiary, trustee, intent, and valid legal purpose.

2. If the trust is valid then I attempt to label the trust itself. Whether it be a private express trust, charitable trust, etc. My understanding is a trust can fit more than one? So discuss all the possible ones?

3. Then I address any violations to duties, modifications, etc.

I don't really know where to put the creation element? for a trust (trust designed to take effect at T death, declaration in trust, transfer in trust). Or what to discuss with respect to this besides if for example they transferred it to a third party.


In most cases, the creation of trust is not an issue. But when it becomes an issue (eg. when the trust property is real property, there must be a writing if it's transfer in trust), then you need to address it.



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