any idea what the deal was with partition? i just rambled on about whether or not the bank every became a tenant in common in order to having standing.forza wrote:That feel when you guessed the eavesdropping question correctly.
That feel when you had no clue what to write about the partition essay question.
New York Bar Day 1 Thread Forum
-
- Posts: 49
- Joined: Thu Aug 18, 2011 10:10 pm
Re: New York Bar Day 1 Thread
-
- Posts: 5923
- Joined: Tue Apr 21, 2009 9:10 pm
Re: New York Bar Day 1 Thread
I want to block this crap out of my mind, but....
Pretty sure spouses can't unilaterally sever a TBE, which is, I think what the question was getting at. (So even if the lien could attach on H's 1/2, which I'm not totally sure I got that part right, creditor can't get a partition).
Okay and that's all the post mortem for me.
Pretty sure spouses can't unilaterally sever a TBE, which is, I think what the question was getting at. (So even if the lien could attach on H's 1/2, which I'm not totally sure I got that part right, creditor can't get a partition).
Okay and that's all the post mortem for me.
Last edited by keg411 on Tue Jul 30, 2013 8:25 pm, edited 1 time in total.
-
- Posts: 144
- Joined: Sat Sep 19, 2009 4:13 pm
Re: New York Bar Day 1 Thread
I believe b/c NY follows the lien theory of mortgages, the following applies (from Seperac 2005):keg411 wrote:I want to block this crap out of my mind, but....
Pretty sure spouses can't unilaterally a TBE, which is, I think what the question was getting at. (So even if the lien could attach on H's 1/2, which I'm not totally sure I got that part right, creditor can't get a partition).
Okay and that's all the post mortem for me.
NY Distinctions – Tenancy by the Entirety
1 spouse may mortgage his interest & his creditors may enforce against that interests, BUT only as to the debtor spouse’s share
Non-debtor spouse’s rights, including the right of survivorship, must not be compromised
-
- Posts: 5923
- Joined: Tue Apr 21, 2009 9:10 pm
Re: New York Bar Day 1 Thread
Okay, yeah, that's what I thought. Although I didn't say it anywhere near that eloquently on the actual exam. I just hope I didn't leave out the word "sever" on my exam like I did in my post.shadow. wrote:I believe b/c NY follows the lien theory of mortgages, the following applies (from Seperac 2005):keg411 wrote:I want to block this crap out of my mind, but....
Pretty sure spouses can't unilaterally a TBE, which is, I think what the question was getting at. (So even if the lien could attach on H's 1/2, which I'm not totally sure I got that part right, creditor can't get a partition).
Okay and that's all the post mortem for me.
NY Distinctions – Tenancy by the Entirety
1 spouse may mortgage his interest & his creditors may enforce against that interests, BUT only as to the debtor spouse’s share
Non-debtor spouse’s rights, including the right of survivorship, must not be compromised
-
- Posts: 3019
- Joined: Mon May 09, 2011 11:34 pm
Re: New York Bar Day 1 Thread
This was the one issue of the exam where I genuinely had no clue. Some others I got wrong to some extent where I made a poor decision at a fork in the road, but the partition thing I didn't even know what to talk about.lionelhutz123 wrote:any idea what the deal was with partition? i just rambled on about whether or not the bank every became a tenant in common in order to having standing.forza wrote:That feel when you guessed the eavesdropping question correctly.
That feel when you had no clue what to write about the partition essay question.
Want to continue reading?
Register now to search topics and post comments!
Absolutely FREE!
Already a member? Login
-
- Posts: 24
- Joined: Tue Mar 01, 2011 2:27 pm
Re: New York Bar Day 1 Thread
On the PM Exam, the Examsoft questions were numbered "1," "2," and "3," and I didn't see any indication of which one was supposed to be the MPT.
So I put the MPT in Question 1, put my answer to Question 4 on the Question 2 screen, and put my answer to Question 5 on the Question 3 screen. Apparently, this was the incorrect order. Luckily, I started each Question screen by writing "Question 4" or "Question 5"
How worried should I be about them not grading my answers?
So I put the MPT in Question 1, put my answer to Question 4 on the Question 2 screen, and put my answer to Question 5 on the Question 3 screen. Apparently, this was the incorrect order. Luckily, I started each Question screen by writing "Question 4" or "Question 5"
How worried should I be about them not grading my answers?
-
- Posts: 3019
- Joined: Mon May 09, 2011 11:34 pm
Re: New York Bar Day 1 Thread
They can't possibly be so cruel as to say "hmm, essay 4 was supposed to be in the number 1 slot in the afternoon, so we are gonna grade this MPT answer using the essay #4 rubric"Retiarius wrote:On the PM Exam, the Examsoft questions were numbered "1," "2," and "3," and I didn't see any indication of which one was supposed to be the MPT.
So I put the MPT in Question 1, put my answer to Question 4 on the Question 2 screen, and put my answer to Question 5 on the Question 3 screen. Apparently, this was the incorrect order. Luckily, I started each Question screen by writing "Question 4" or "Question 5"
How worried should I be about them not grading my answers?
-
- Posts: 31
- Joined: Sat Mar 13, 2010 4:20 pm
Re: New York Bar Day 1 Thread
Realized when I got home and had a second to think about it - for the afternoon essay on wills, I totally messed up and said "intermitent child" instead of "pretermitted child"... What the heck was I thinking, what does intermitent child even mean?! Assuming I gave a sufficient information and law on what the rule is, would this hurt me big time? Or will they see that term and just go like "I'm not reading this idiot's essay"?
And yes, I totally made up my own rules on many issues today... Ran out of time on one of the essays too. Not looking good, especially since MBE is not exactly my forte either. This sucks!
And yes, I totally made up my own rules on many issues today... Ran out of time on one of the essays too. Not looking good, especially since MBE is not exactly my forte either. This sucks!
- swc65
- Posts: 1003
- Joined: Wed Jul 22, 2009 11:27 am
Re: New York Bar Day 1 Thread
Prolly made the grader chuckle and lost at most a third of a point for ithanabana wrote:Realized when I got home and had a second to think about it - for the afternoon essay on wills, I totally messed up and said "intermitent child" instead of "pretermitted child"... What the heck was I thinking, what does intermitent child even mean?! Assuming I gave a sufficient information and law on what the rule is, would this hurt me big time? Or will they see that term and just go like "I'm not reading this idiot's essay"?
And yes, I totally made up my own rules on many issues today... Ran out of time on one of the essays too. Not looking good, especially since MBE is not exactly my forte either. This sucks!
-
- Posts: 35
- Joined: Sun Jun 03, 2012 4:38 am
Re: New York Bar Day 1 Thread
edit
Last edited by brassmonkey7 on Thu Aug 08, 2013 1:45 pm, edited 2 times in total.
-
- Posts: 31
- Joined: Sat Mar 13, 2010 4:20 pm
Re: New York Bar Day 1 Thread
Holy shit worker's comp! There goes another issue for me... I guess that's why discussing these afterwards is not a good idea. Feeling really screwed!
-
- Posts: 1270
- Joined: Fri Jul 24, 2009 1:38 am
Re: New York Bar Day 1 Thread
.
Last edited by stayway on Thu Aug 01, 2013 2:23 am, edited 1 time in total.
-
- Posts: 35
- Joined: Sun Jun 03, 2012 4:38 am
Re: New York Bar Day 1 Thread
.
Last edited by brassmonkey7 on Thu Aug 08, 2013 1:45 pm, edited 1 time in total.
Register now!
Resources to assist law school applicants, students & graduates.
It's still FREE!
Already a member? Login
-
- Posts: 1270
- Joined: Fri Jul 24, 2009 1:38 am
Re: New York Bar Day 1 Thread
.
Last edited by stayway on Thu Aug 01, 2013 1:12 pm, edited 1 time in total.
-
- Posts: 102
- Joined: Mon Aug 10, 2009 12:03 am
Re: New York Bar Day 1 Thread
lol same! don't worrynooyyllib wrote:
I think that is the right analysis. I completely forgot about anti-lapse and just divided it all per capita so i ended up totaling 1/3's for B and C into 2/3 then dividing it into 5...FML.....it was a whole fucking sub question. god damn it im scared.
-
- Posts: 60
- Joined: Mon Jun 08, 2009 8:00 pm
Re: New York Bar Day 1 Thread
did the same exact thing- 2/15 ($20k) to each of the 5 grandchildrenjc1988 wrote:lol same! don't worrynooyyllib wrote:
I think that is the right analysis. I completely forgot about anti-lapse and just divided it all per capita so i ended up totaling 1/3's for B and C into 2/3 then dividing it into 5...FML.....it was a whole fucking sub question. god damn it im scared.
-
- Posts: 1270
- Joined: Fri Jul 24, 2009 1:38 am
Re: New York Bar Day 1 Thread
.
Last edited by stayway on Thu Aug 01, 2013 1:12 pm, edited 1 time in total.
Get unlimited access to all forums and topics
Register now!
I'm pretty sure I told you it's FREE...
Already a member? Login
-
- Posts: 2
- Joined: Thu Jul 11, 2013 4:43 pm
Re: New York Bar Day 1 Thread
Phew! Same. Didn't discuss anti-lapse.taxman021 wrote:did the same exact thing- 2/15 ($20k) to each of the 5 grandchildrenjc1988 wrote:lol same! don't worrynooyyllib wrote:
I think that is the right analysis. I completely forgot about anti-lapse and just divided it all per capita so i ended up totaling 1/3's for B and C into 2/3 then dividing it into 5...FML.....it was a whole fucking sub question. god damn it im scared.
Talked about Aaron's specific gift of the 2009 Porshe adeeming. Felt badass.
Couldn't remember the word "worker's comp" ... felt like a dumbass. (Explained how it worked though so, we can hope.)
-
- Posts: 70
- Joined: Wed Aug 15, 2012 11:08 am
Re: New York Bar Day 1 Thread
I did the same haha. Fuck?jc1988 wrote:lol same! don't worrynooyyllib wrote:
I think that is the right analysis. I completely forgot about anti-lapse and just divided it all per capita so i ended up totaling 1/3's for B and C into 2/3 then dividing it into 5...FML.....it was a whole fucking sub question. god damn it im scared.
-
- Posts: 1270
- Joined: Fri Jul 24, 2009 1:38 am
Re: New York Bar Day 1 Thread
.
Last edited by stayway on Thu Aug 01, 2013 1:14 pm, edited 1 time in total.
-
- Posts: 35
- Joined: Sun Jun 03, 2012 4:38 am
Re: New York Bar Day 1 Thread
.
Last edited by brassmonkey7 on Thu Aug 08, 2013 1:46 pm, edited 1 time in total.
Communicate now with those who not only know what a legal education is, but can offer you worthy advice and commentary as you complete the three most educational, yet challenging years of your law related post graduate life.
Register now, it's still FREE!
Already a member? Login
-
- Posts: 1270
- Joined: Fri Jul 24, 2009 1:38 am
Re: New York Bar Day 1 Thread
.
Last edited by stayway on Thu Aug 01, 2013 1:13 pm, edited 1 time in total.
-
- Posts: 3019
- Joined: Mon May 09, 2011 11:34 pm
Re: New York Bar Day 1 Thread
I treated it like a full on negilgence issue also, and completely forgot about worker's comp until afterward. Oh well. Gave a solid negligence analysis at least, so maybe a point out of it. Its just a sub issue. Got the latent injury thing, where the dude is literally bedridden yet not even seeing a doctor. Started the clock ticketing then, so I screwed the guy.brassmonkey7 wrote:Feeling pretty screwed that I analyzed the worker's comp issue as a negligence issue but I did know the state of lim issue and could make out the products lib part so hopefully that's still a 4...
Last edited by kaiser on Tue Jul 30, 2013 10:02 pm, edited 1 time in total.
-
- Posts: 3436
- Joined: Sun Oct 26, 2008 2:39 pm
Re: New York Bar Day 1 Thread
I honestly didn't know until just now reading this thread that anti-lapse meant you don't take per capita like usual. I thought it just saved the gift from failing but subsequent generations still take like they would have anyway, i.e. divide by number of issue at closest generation, repackage the remainder for dead folks, etc. WTF?Nynaeve wrote:I did the same haha. Fuck?jc1988 wrote:lol same! don't worrynooyyllib wrote:
I think that is the right analysis. I completely forgot about anti-lapse and just divided it all per capita so i ended up totaling 1/3's for B and C into 2/3 then dividing it into 5...FML.....it was a whole fucking sub question. god damn it im scared.
-
- Posts: 3019
- Joined: Mon May 09, 2011 11:34 pm
Re: New York Bar Day 1 Thread
Oh shit I did it per capita as if it were an intestacy problem. Didn't even think to consider that anti-lapse would keep the entirety of the 1/3 gift in each "branch". Ended up giving $20K to each grandkid. Oh well. At least those of us who did that get the anti-lapse points still, and thats the crux.dixiecupdrinking wrote:I honestly didn't know until just now reading this thread that anti-lapse meant you don't take per capita like usual. I thought it just saved the gift from failing but subsequent generations still take like they would have anyway, i.e. divide by number of issue at closest generation, repackage the remainder for dead folks, etc. WTF?Nynaeve wrote:I did the same haha. Fuck?jc1988 wrote:lol same! don't worrynooyyllib wrote:
I think that is the right analysis. I completely forgot about anti-lapse and just divided it all per capita so i ended up totaling 1/3's for B and C into 2/3 then dividing it into 5...FML.....it was a whole fucking sub question. god damn it im scared.
Seriously? What are you waiting for?
Now there's a charge.
Just kidding ... it's still FREE!
Already a member? Login