California Bar Exam (July 2013) thread Forum

[JDCA2012]

Edited NVM, already answered haha, no vesting

[her??]

Along the lines of AP (and i loved that AP guy since one of my goals in life is to adversely possess some property), I know that filing a suit to quiet title is an acceptable way to perfect title by AP, but if the original owner gives you a quitclaim deed for the property that you adversely possessed, is that acceptable too?

[huckabees]

I feel like a bunch of property questions must have been experimental, bc torts is supposed to be slightly more than all the others, and I for some reason noticed those the least, followed by perhaps Con law. For some reason, it felt that every other question was either property or evidence.

[Emma.]

Walked out of hotel to get my CMR book from the car. Came back with Haagen Dazs coffee icecream, but no book. Walked back out to get the book, this time moved the car to a legal hotel spot but again came back with no book.

It's like my brain just REFUSES to do any study for tomorrow.

[09042014]

It'd still argue that law in the takings question wasn't an easement but a regulation. Pretty gray area shit for the MBE.

[TaipeiMort]

Santa Clara favorite parts day 2:

Old Paul Harvey dude on the mic scaring people and misquoting time left;

All the bros with Stanford Law jackets;

escaping the parking garage;

crazy proctor that stares at you for like 25 seconds before moving on to your neighbor;

4 people that finished before the 2 hour mark of the second session.

[randomdandom]

Santa Clara favorite parts day 2:
...

crazy proctor that stares at you for like 25 seconds before moving on to your neighbor

this one drives me freaking crazy. i totally freeze up whenever someone is reading/looking over my shoulder.

[jmhendri]

It'd still argue that law in the takings question wasn't an easement but a regulation. Pretty gray area shit for the MBE.

[huckabees]

It'd still argue that law in the takings question wasn't an easement but a regulation. Pretty gray area shit for the MBE.

Gray area shit for MBE = must be SCOTUS case on it. which is exactly what occurred here

[Old Gregg]

It'd still argue that law in the takings question wasn't an easement but a regulation. Pretty gray area shit for the MBE.

Nah I think Emma and co are right on this one.

[Old Gregg]

also, guys, dont forget good ol' hortense.

[TaipeiMort]

If you only actually adverse possess portion of property, constructive AP gives title to whole. That was the right answer choice I am 90% sure (unlike most everything else).

So dude got the whole thing? thats what i put.

I was wrong. He didn't have color of title.

[usuaggie]

It'd still argue that law in the takings question wasn't an easement but a regulation. Pretty gray area shit for the MBE.

Nah I think Emma and co are right on this one.

Is this the hiker one with farmers on side of road?

[Emma.]

It'd still argue that law in the takings question wasn't an easement but a regulation. Pretty gray area shit for the MBE.

Yeah, I see the point. Definitely if it was just a setback requirement it would be a regulation and NOT a taking, sine you can't sever just that part of the parcel, you look at the parcel as a whole. A 5 foot setback wouldn't be sufficiently interfering with owners investment-backed expectations or whatever.. But here it seems like the whole point of the setback regulation is to give the public direct access to private property.

[JDCA2012]

Santa Clara favorite parts day 2:

Old Paul Harvey dude on the mic scaring people and misquoting time left;

All the bros with Stanford Law jackets;

escaping the parking garage;

crazy proctor that stares at you for like 25 seconds before moving on to your neighbor;

4 people that finished before the 2 hour mark of the second session.

You know what's better than bros with stanford law jackets? a group of 4 stanford people, 2 of them are wearing stanford shirts underneath their stanford zip ups. classic.
Also yeah mis-quote on the time scared the living fuck out of me. My pulse went 200%

[spartjdawg]

Santa Clara favorite parts day 2:

Old Paul Harvey dude on the mic scaring people and misquoting time left;

All the bros with Stanford Law jackets;

escaping the parking garage;

crazy proctor that stares at you for like 25 seconds before moving on to your neighbor;

4 people that finished before the 2 hour mark of the second session.

You know what's better than bros with stanford law jackets? a group of 4 stanford people, 2 of them are wearing stanford shirts underneath their stanford zip ups. classic.
Also yeah mis-quote on the time scared the living fuck out of me. My pulse went 200%

Wore my Y Combinator Hoodie. YC Hoodie > Eat your heart out Stanford

[randomdandom]

It'd still argue that law in the takings question wasn't an easement but a regulation. Pretty gray area shit for the MBE.

Nah I think Emma and co are right on this one.

I didn't even think twice about it. I thought it was a physical invasion (and thus clear taking) for sure. But all of you are making me second-guess myself.

not this again. i think its time to peace out. GL tomorrow everyone. Hopefully the afternoon will be as easy as PT-A was hard.

[Old Gregg]

It'd still argue that law in the takings question wasn't an easement but a regulation. Pretty gray area shit for the MBE.

Nah I think Emma and co are right on this one.

I didn't even think twice about it. I thought it was a physical invasion (and thus clear taking) for sure. But all of you are making me second-guess myself.

So far, of all the Q's discussed here and on autoadmit, I'm at about 40 right 20 wrong. I assume we're discussing these because they were the most confusing Q's, so hopefully that shouldn't be too bad...

[Foosters Galore]

does a fixture filing (or whatever the fuck its called) not have priority over other mortgages?

[cadestevenson]

Some of you have asked about how the bar exam is graded. Here's my take, based on reading the letters sent to unsuccessful applicants: Is it plagiarism?

1. The MBE is administered by NCBE. 190 questions are scored. Your raw score is the number of correct answers. Scaled score is determined by NCBE and imposed upon all of the states. In the normal range of scores, the scaled score is probably 10 to 20 points higher than the raw score. If you really want to know, the scale starts at 40, so each scaled increment is actually a little less than one, in order to end at 200, as if anyone ever scores 190. So, you have your 155 scaled, for example. In California, that is 1550; Multiply by 10. Good job, you may pass.

2. Each essay and PT is given to one grader. Perhaps he has a rubric, but most likely, since he's only paid $3 to grade the thing, he employs some kind of gestalt, holistic process, to assign a number to the score (0 to 100; do you know if 40 is the actual minimum possible raw score?)

3. Each essay score is added together. The PT scores are multiplied by two. Sum the two values. There's your raw written score. The maximum is 1000: 6*100 + 2*2*100 (600+400).

4. Now, after everyone's raw written scores are tabulated, the state regresses the raw written against the scaled MBE. Calbar finds a linear formula: WR Scaled = 3 (usually 2.8 to 3.2)*(raw written) - b (some number, maybe 300-500). Maybe some math people can verify this, but I think the multiplier is found by dividing Mean Scaled MBE (after Calbar multiplies by 10) by Mean Raw Written.

5. Finally, since the MBE accounts for only 35% and the written accounts for 65% of the final grade. The bar uses the formula: .35*(Scaled MBE) + .65*(scaled Written) to tabulate your scaled score.

That final scaled score had better exceed 1440. Good luck.

Just so we are on the same page. Maybe you can see that I will fail the bar, with flying colors. Haha.

[her??]

does a fixture filing (or whatever the fuck its called) not have priority over other mortgages?

I think they do when they are recorded but between a fixture filing and PMM that is recorded, I don't know

[Old Gregg]

I'm pretty sure PMSI's have priority over all other mortgages, no matter when recorded. Didn't know how it applied to fixture filings, so assumed the rule extended to that.

[JDCA2012]

does a fixture filing (or whatever the fuck its called) not have priority over other mortgages?

it does, if you record it within 20 days, i believe

[jmhendri]

does a fixture filing (or whatever the fuck its called) not have priority over other mortgages?

WHAT THE EVER LOVING FUCK WAS THAT QUESTION ABOUT? I have never even heard of a fixture filing.

[JDCA2012]

does a fixture filing (or whatever the fuck its called) not have priority over other mortgages?

WHAT THE EVER LOVING FUCK WAS THAT QUESTION ABOUT? I have never even heard of a fixture filing.

From my MBE rule notes:
U.C.C. Article 9 gives a holder of a security interest in fixtures the right to remove the fixtures after default, as long as the fixtures are removable.
Purchase money mortgage to purchase fixtures → Art. 9 gives priority to a purchase money security interest in removable fixtures even over a prior recorded mortgage, but only as to those fixtures.