California Bar Exam (July 2013) thread Forum

[usuaggie]

I have to disagree with you guys on this kidnapping thing. Kidnapping = concealment in a "secret place" (as per barbri). Criminal false imprisonment only requires confinement against someone's will. What was the clerk being concealed from? Nothing, he was just being kept out the way.

Now I look like a schmuck. Same thing, right after lol

[TaipeiMort]

You don't need actual force if you did it in their presence.

Disagree. The taking itself wasn't accomplished by force or threat of force. I could be wrong, but no UChicago consensus on this one.

That's just what the Themis outline says, but I got it wrong because I chose false imprisonment instead of kidnapping. That question should really be thrown out because you could argue for either false imprisonment or kidnapping (against their will and concealed) and you could argue Robbery (was in their presence) or Larceny (was not/ no threat of force).

[Tangerine Gleam]

.

[somethingdemure]

Everything I'm seeing on google search is that common law kidnapping requires movement. So I think the concealment is some small exception where the concealment is a functional asportation.

Also I don't think it can be robbery. Clerk would never have been in fear.

[Old Gregg]

Had ALL of these, including the cloning embryo one.

Didn't have cloning embryo, so another experimental I guess.

[bahamallamamama]

essay topics for tmrw?

[huckabees]

Encroachment on an easement previously granted?

[TaipeiMort]

Got to the end of Section 1, had about 15 that I wasn't positive on.

Got to the end of Section 2, had exactly 50 that I wasn't positive on.

[0L Hoping for 1]

I thought no kidnapping because I remembered reading something about concealing someone to complete a crime is not kidnapping unless there was some other requirement. But I can be totally off and was not that confident.

[TaipeiMort]

Everything I'm seeing on google search is that common law kidnapping requires movement. So I think the concealment is some small exception where the concealment is a functional asportation.

Also I don't think it can be robbery. Clerk would never have been in fear.

Force or intimidation. Is locking them in a room force? Is taking from the till while they are in the locked room in their presence?

[Reinhardt]

I have a feeling NCBE takes a look at the BarBri and Themis outlines and says, hmm, how can we think up a bunch of questions that expose the differences between their grossly oversimplified version of the law and ours?

[usuaggie]

Everything I'm seeing on google search is that common law kidnapping requires movement. So I think the concealment is some small exception where the concealment is a functional asportation.

Also I don't think it can be robbery. Clerk would never have been in fear.

Force or intimidation. Is locking them in a room force? Is taking from the till while they are in the locked room in their presence?

Definitely unquestionably presence. Don't know about force

[Emma.]

Got to the end of Section 1, had about 15 that I wasn't positive on.

Got to the end of Section 2, had exactly 50 that I wasn't positive on.

I think I'd be similar. Section 1 seemed solidly hard but mostly fair, I'd say most questions were medium-hard.. Section 2 was like half medium, half WTF.

Now I gotta shut this shit down and try to learn CivPro, Wills, Evidence, etc etc.

[AMCD]

I thought thought the clerk just walked into the back room to get the expensive bottle of wine -- no force, suggestion of forced movement or involunariness of any sort I thought. He then locked the clerk inside, after following him there.
Chose larceny and false imprisonment.

[TaipeiMort]

essay topics for tmrw?

This. We can't do anything about today, but we can do something about tomorrow.

MBE: Property and Contracts?

CA: Remedies + Trusts?

We aren't getting Civ Pro, and don't think we are getting CA Evidence, Crims, and Business Associations/Partnerships.

[bahamallamamama]

essay topics for tmrw?

This. We can't do anything about today, but we can do something about tomorrow.

MBE: Property and Contracts?

CA: Remedies + Trusts?

We aren't getting Civ Pro, and don't think we are getting CA Evidence, Crims, and Business Associations/Partnerships.

i am with you, brother. i can get behind those topics.

[usuaggie]

I thought thought the clerk just walked into the back room to get the expensive bottle of wine -- no force, suggestion of forced movement or involunariness of any sort I thought. He then locked the clerk inside, after following him there.
Chose larceny and false imprisonment.

Why isn't locking the door force?

[jmhendri]

I thought thought the clerk just walked into the back room to get the expensive bottle of wine -- no force, suggestion of forced movement or involunariness of any sort I thought. He then locked the clerk inside, after following him there.
Chose larceny and false imprisonment.

I feel much better about this choice now than I did at the time.

[Tangerine Gleam]

Why so sure re: no Civ Pro or CA Evidence?

[her??]

Encroachment on an easement previously granted?

is that the one that had an answer of it being usable? i think i put that though i don't know what law suggests that. there was another about a guy that expressly granted an easement, then bought back the property (so it merged and went away) then resold that part of the lot and then died and the son i think built a fence and another property owner offered an easement at a price, and there was a takings question about a setback too

[jmhendri]

Why so sure re: no Civ Pro or CA Evidence?

I think there will be Ev. Civ pro would be a dick move, just because it's been tested twice in a row and it's never been tested three time in a row.

[Reinhardt]

PT - B will probably have us as legislative aides. A state senator will give us a copy of the Magna Carta, an article from Guns & Ammo, and flyer for a local mattress sale and tell us to draft a new Columbia state constitution

[Reinhardt]

Why so sure re: no Civ Pro or CA Evidence?

I think there will be Ev. Civ pro would be a dick move, just because it's been tested twice in a row and it's never been tested three time in a row.

So we're thinking the bar examiners aren't capable of dick moves, eh.

[existenz]

[Foosters Galore]

PT - B will probably have us as legislative aides. A state senator will give us a copy of the Magna Carta, an article from Guns & Ammo, and flyer for a local mattress sale and tell us to draft a new Columbia state constitution

This is the best thing ever.