BarBri - NY Exam - July 2014 Forum

[turquoiseturtle]

Didn't meant to start a indelible counsel fight.

Based on a quick scan of the essays and answers of past bar exams, it looks like these are the important points:

1. It only attaches when D is in custody/arraigned/or involved in situations where the Sixth Amendment right to counsel would also attach.
2. Unlike Federal rights, once the above happens, the D himself doesn't have to ask for it--someone else can on his behalf (parent or legal guardian for a child, police have it in their records he has an attorney, attorney shows up before he's questioned but after he's brought in)
3. D can only waive it, if the police knows he's represented, IN THE PRESENCE of the attorney.
*4. The most tested point. Once D is released and later re-arrested for an unrelated charge (passes Blockburger), waiver can be made without the presence of counsel.

Thanks, 4 is what I was most confused on. Do you know any essays that tested this point specifically?

Question 26 of Barbri (or Question 2 of July 2005 http://www.nybarexam.org/ExamQuestions/JUL2005QA.pdf)

Issue Number 3

Thanks!

Reading over it now, examinee answer B is very direct. Not much A of IRAC in some of those sections.

[Guchster]

Also check out Barbri Question 18 (issue 2)

And Question 4 From February 2007: http://www.nybarexam.org/ExamQuestions/FEB2007QA.pdf

[encore1101]

The State right to counsel attaches indelibly in two situations.

First, the right attaches indelibly upon the commencement of formal proceedings, whether or not the defendant has actually retained or requested a lawyer. Underlying this principle—the “Di Biasi line of cases”—is a recognition that once formal proceedings have commenced, the character of the matter changes from investigatory to accusatory. The right to counsel both protects the accused in dealing with the coercive power of the State and insures that any waiver of the right will be knowing and intelligent.

Second, the right to counsel attaches indelibly where an uncharged individual has actually retained a lawyer in the matter at issue or, while in custody, has requested a lawyer in that matter

People v. West, 81 N.Y.2d 370 (1993)

[thetashster]

just a few more days guys

[Guchster]

just a few more days guys

At this point, my life:

[PennBull]

Man that is so tenuous

So the cops have to know he has counsel for THAT charge only

But in the hypos that's such bullshit

They know he has specific counsel for him generally, it's not like someone has an attorney for their drug offenses and a different attorney for when they decide they wanna rob a fuckin store

Maybe if the offenses were just so drastically different that we wouldn't expect the perp to have an attorney

But when a guy gets arrested twice for common criminality and you know he's got an attorney for one of the offenses? Seems bullshit to me

But alas the most important point is that you know the law

[thetashster]

just a few more days guys

At this point, my life:

i want all of us to feel like this

[Guchster]

Okay all.

I'm done with bar studying. Going to the movies and then going to quietly look over my outline and watch some netflix.

Good luck! It's been a pleasure, but I hope to never discuss bar prep with you all ever again.


https://www.youtube.com/watch?v=t8yweQSVCu4

[encore1101]

Good luck to everyone!!!

[pizzasodafries]

Okay all.

I'm done with bar studying. Going to the movies and then going to quietly look over my outline and watch some netflix.

Good luck! It's been a pleasure, but I hope to never discuss bar prep with you all ever again.


https://www.youtube.com/watch?v=t8yweQSVCu4

This forum has been wonderful including you in particular. Best of luck everyone

[GertieTheDinosaur]

What happens if a rogue director enters into a contract without authority?

Is the corporation bound by it?

[mr_toad]

What happens if a rogue director enters into a contract without authority?

Is the corporation bound by it?

Because I'm bored of studying (caveat: following is without notes).

This answer should flow out of agency law. You've more or less stipulated that there's no actual authority or implied actual authority, although you could discuss why neither of them would be present. It's possible, however, that there could be apparent authority, depending on what kinds of actions the contractual counterpart had seen the director take in the past (e.g., perhaps she was the former CEO or some other officer that had that kind of power and in the interim had lost that authority but the contractual counterparty had not been informed of such development). There, the case could be made that the corporation would be held liable on the contract (assuming the director had made it clear that she was acting on behalf of the corporation: otherwise she would be personally liable on the contract) (life lesson: inform business partners when people with decision-making authority and agency authority leave the business or lose such authority). In addition, and notwithstanding the previous answer and caveats, the corporation could ratify the contract if it seemed to be a good deal for the corporation. Everybody wins. Yay. My 2 minute answer. Hope it helps lead you down the path a bit.

Edit added after checking notes: for apparent authority, agent must have been cloaked with appearance of authority and third-party (counterparty) must have reasonably relied on that apparent authority; implied by my answer above but elements weren't directly stated.

[Guchster]

[encore1101]

[thetashster]

and i still have one more day :/

[Guchster]

and i still have one more day :/

Aww hang in there! You've survived this long and you can survive one more day--your hardcore endurance you developed in bar prep is going to get you through tomorrow

Make your NY TLS Barbri family proud!

[Guchster]

For posterity and venting sake--my personal feeling about the bar exam is mainly one of frustration.

I worked the hardest I've ever worked for a test before and I feel like I've done the worst on any test I've ever done.

It feels like I didn't get to show and even use 90% of what I learned and studied and instead all of the holes in my bar prep were what was tested on both days. I feel like I blew this whole summer studying for a test that I could've done just as well on had I picked up a book off amazon a few weeks ago. I really hope I'm panicking for nothing but I fucked up so badly yesterday and today there is an easy 50-75% chance I will be retaking in february.

I WILL NOT BE RETAKING AT FUCKING JAVITS THOUGH. HOLY HELL IT WAS SO AWFUL.

[greenjuice]

Guys, this will be all of us in November: . I have faith! Now go out there and CELEBRATE! (Or first kick butt tomorrow, and then celebrate).

[thetashster]

For posterity and venting sake--my personal feeling about the bar exam is mainly one of frustration.

I worked the hardest I've ever worked for a test before and I feel like I've done the worst on any test I've ever done.

It feels like I didn't get to show and even use 90% of what I learned and studied and instead all of the holes in my bar prep were what was tested on both days. I feel like I blew this whole summer studying for a test that I could've done just as well on had I picked up a book off amazon a few weeks ago. I really hope I'm panicking for nothing but I fucked up so badly yesterday and today there is an easy 50-75% chance I will be retaking in february.

I WILL NOT BE RETAKING AT FUCKING JAVITS THOUGH. HOLY HELL IT WAS SO AWFUL.

dude. i couldn't remember what conspicuous meant today. and more than half the time i just picked an answer cuz it looked funny. i can't even. CAN'T EVEN.

but it's DONE now.

[Guchster]

Haha I wish I would've taken 2 bars. At least I could pretend that I passed one and be able to practice somewhere....

But seriously, good luck tomorrow (even though I know you don't need it!)

[thetashster]

Haha I wish I would've taken 2 bars. At least I could pretend that I passed one and be able to practice somewhere....

But seriously, good luck tomorrow (even though I know you don't need it!)

sigh i still haven't learned commercial paper, MA Civ Pro, secured transactions OR consumer protection acts. :/

i'm gonna miss you guys!

[AJS30]

For posterity and venting sake--my personal feeling about the bar exam is mainly one of frustration.

I worked the hardest I've ever worked for a test before and I feel like I've done the worst on any test I've ever done.

It feels like I didn't get to show and even use 90% of what I learned and studied and instead all of the holes in my bar prep were what was tested on both days. I feel like I blew this whole summer studying for a test that I could've done just as well on had I picked up a book off amazon a few weeks ago. I really hope I'm panicking for nothing but I fucked up so badly yesterday and today there is an easy 50-75% chance I will be retaking in february.

I WILL NOT BE RETAKING AT FUCKING JAVITS THOUGH. HOLY HELL IT WAS SO AWFUL.

Which hall were you in? I was in C, and I didn't understand where all the loud crashing noises were coming from. Also, the people in charge giving directions literally gave me a headache.

I really didn't want to have to do this twice, but after today I think it is a real possibility. For some reason property has been my strongest subject and I literally did not know any of the answers today. The whole test I was struggling between answers and I will probably set the record for most wrong answers. Also, I'm an idiot as during the AM session I had in my head that the section was ending at 12 and started panicking to realize that when time wasn't called by 12:01 that we had until 12:30.

Here's to hoping maybe they are generous in grading the essays? Also, is a 133 scaled required for NY or can you get a score lower?

[thetashster]

For posterity and venting sake--my personal feeling about the bar exam is mainly one of frustration.

I worked the hardest I've ever worked for a test before and I feel like I've done the worst on any test I've ever done.

It feels like I didn't get to show and even use 90% of what I learned and studied and instead all of the holes in my bar prep were what was tested on both days. I feel like I blew this whole summer studying for a test that I could've done just as well on had I picked up a book off amazon a few weeks ago. I really hope I'm panicking for nothing but I fucked up so badly yesterday and today there is an easy 50-75% chance I will be retaking in february.

I WILL NOT BE RETAKING AT FUCKING JAVITS THOUGH. HOLY HELL IT WAS SO AWFUL.

Which hall were you in? I was in C, and I didn't understand where all the loud crashing noises were coming from. Also, the people in charge giving directions literally gave me a headache.

I really didn't want to have to do this twice, but after today I think it is a real possibility. For some reason property has been my strongest subject and I literally did not know any of the answers today. The whole test I was struggling between answers and I will probably set the record for most wrong answers. Also, I'm an idiot as during the AM session I had in my head that the section was ending at 12 and started panicking to realize that when time wasn't called by 12:01 that we had until 12:30.

Here's to hoping maybe they are generous in grading the essays? Also, is a 133 scaled required for NY or can you get a score lower?

you can get a lower score b/c it's only worth 40%, so your essays/mpt/nymc can pull you up i believe.

[Guchster]

For posterity and venting sake--my personal feeling about the bar exam is mainly one of frustration.

I worked the hardest I've ever worked for a test before and I feel like I've done the worst on any test I've ever done.

It feels like I didn't get to show and even use 90% of what I learned and studied and instead all of the holes in my bar prep were what was tested on both days. I feel like I blew this whole summer studying for a test that I could've done just as well on had I picked up a book off amazon a few weeks ago. I really hope I'm panicking for nothing but I fucked up so badly yesterday and today there is an easy 50-75% chance I will be retaking in february.

I WILL NOT BE RETAKING AT FUCKING JAVITS THOUGH. HOLY HELL IT WAS SO AWFUL.

Which hall were you in? I was in C, and I didn't understand where all the loud crashing noises were coming from. Also, the people in charge giving directions literally gave me a headache.

I really didn't want to have to do this twice, but after today I think it is a real possibility. For some reason property has been my strongest subject and I literally did not know any of the answers today. The whole test I was struggling between answers and I will probably set the record for most wrong answers. Also, I'm an idiot as during the AM session I had in my head that the section was ending at 12 and started panicking to realize that when time wasn't called by 12:01 that we had until 12:30.

Here's to hoping maybe they are generous in grading the essays? Also, is a 133 scaled required for NY or can you get a score lower?

I was in B, but was wondering the same--WHAT THE FUCK WAS ALL THAT CRASHING ABOUT?!

[encore1101]

For posterity and venting sake--my personal feeling about the bar exam is mainly one of frustration.

I worked the hardest I've ever worked for a test before and I feel like I've done the worst on any test I've ever done.

It feels like I didn't get to show and even use 90% of what I learned and studied and instead all of the holes in my bar prep were what was tested on both days. I feel like I blew this whole summer studying for a test that I could've done just as well on had I picked up a book off amazon a few weeks ago. I really hope I'm panicking for nothing but I fucked up so badly yesterday and today there is an easy 50-75% chance I will be retaking in february.

I WILL NOT BE RETAKING AT FUCKING JAVITS THOUGH. HOLY HELL IT WAS SO AWFUL.

Which hall were you in? I was in C, and I didn't understand where all the loud crashing noises were coming from. Also, the people in charge giving directions literally gave me a headache.

I really didn't want to have to do this twice, but after today I think it is a real possibility. For some reason property has been my strongest subject and I literally did not know any of the answers today. The whole test I was struggling between answers and I will probably set the record for most wrong answers. Also, I'm an idiot as during the AM session I had in my head that the section was ending at 12 and started panicking to realize that when time wasn't called by 12:01 that we had until 12:30.

Here's to hoping maybe they are generous in grading the essays? Also, is a 133 scaled required for NY or can you get a score lower?

I was in B, but was wondering the same--WHAT THE FUCK WAS ALL THAT CRASHING ABOUT?!

The crashing, the sound of a plastic cup that would drop but would not stop..