California Bar Exam (July 2014) thread Forum

[Law-So-Hard]

I'M TELLING YOU PEOPLE, 2ND AMENDMENT QUESTION THIS THURSDAY AND THE FACTS ARE GOING TO INCLUDE A MEXICAN WITH A LIMP, A HOMELESS GUY FROM MISSISSIPPI WITH ONE TOOTH AND A DONKEY. THE QUESTION MAY BE A CROSSOVER WITH MARITIME LAW. GET ON IT!

Thanks, Tito

[jarofsoup]

For the hearsay statements did any one else get

1st: admit first statement (not offered to prove truth of the matter asserted)
2nd: exclude second statement (not a party opponent statement because absence of special relation
3rd: admit maintenance report (business record)

Wait why admit the first but not the second when they were both EEs of ABC?

As for the maintenance report, I can't remember what I put now about the inner hearsay. I think I said it might qualify as a contemporaneous statement IF custodian testified that the reports are written near the time of the events they report on. But that whole thing seems ridic to me now, and I'm super confused.

Yeah vicarious admission-he was employed, made statement within scope of employment, etc. I thought that was clearer than the first statement considering other guy was a mechanic and 2nd man was a supervisor of the company.

Then there was the competency of W.

[lmr]

For the hearsay statements did any one else get

1st: admit first statement (not offered to prove truth of the matter asserted)
2nd: exclude second statement (not a party opponent statement because absence of special relation
3rd: admit maintenance report (business record)

Wait why admit the first but not the second when they were both EEs of ABC?

As for the maintenance report, I can't remember what I put now about the inner hearsay. I think I said it might qualify as a contemporaneous statement IF custodian testified that the reports are written near the time of the events they report on. But that whole thing seems ridic to me now, and I'm super confused.

Yeah vicarious admission-he was employed, made statement within scope of employment, etc. I thought that was clearer than the first statement considering other guy was a mechanic and 2nd man was a supervisor of the company.

Then there was the competency of W.

I always write W competency w a testimonial question but was there an issue you found w competency or did you just discuss the elements and conclude he was competent?

[fish52]

So how bad can you mess up and still pass? Any anecdotal evidence of people screwing up an entire essay or an entire PT and still passing? Give me hope here, guys.

[usctoucla]

anyone else still having trouble with softest? upload through examsoft failed. then tried to upload on their website and the browser just timed out

[pkt63]

Then there was the competency of W.

I always write W competency w a testimonial question but was there an issue you found w competency or did you just discuss the elements and conclude he was competent?

That's precisely what I did, too.

[pkt63]

What time are we supposed to be there tomorrow morning? I think they said 8:30 and doors open at 8:15 right? (I assume it's the same at all locations, but I'm at Oakland.)

Also, is it just me or is it actually not important to arrive on time at all? I was sitting my ass in my seat far before 8:20 this morning, but I saw SCORES of people arriving after 8:30, including as late as like 8:45! I'm seriously sleeping an extra half hour at least tomorrow morning, and am planning on walking in at like 8:25.

[lmr]

anyone else still having trouble with softest? upload through examsoft failed. then tried to upload on their website and the browser just timed out

Keep trying it will work. You aren't the only one
http://abovethelaw.com/2014/07/bar-exam ... life-hard/

[iLoveFruits&Veggies]

darn it I totally forgot to mention it wasn't binding but persuasive that would have really helped my argument :\

does anyone else feel like they could have done a really good job on that PT if they had maybe another hour, or if it was a legit assignment and you had a day or half day to do it? grrr....it sucks feeling like you could have done so much better but couldn't because of the time and fatigue crunch

YES! I really needed more time! One more hour would have made ALL the difference. My PT ends in pure craziness with me typing as fast as I can with tons of spelling errors and makes no sense lol!

[Law-So-Hard]

darn it I totally forgot to mention it wasn't binding but persuasive that would have really helped my argument :\

does anyone else feel like they could have done a really good job on that PT if they had maybe another hour, or if it was a legit assignment and you had a day or half day to do it? grrr....it sucks feeling like you could have done so much better but couldn't because of the time and fatigue crunch

YES! I really needed more time! One more hour would have made ALL the difference. My PT ends in pure craziness with me typing as fast as I can with tons of spelling errors and makes no sense lol!

yikes same I barely erased all my random notes before time was called and my last 2 paragraphs were [bunch of quotes/meager analysis and facts from case 2] + [therefore,....]

[rpupkin]

So how bad can you mess up and still pass? Any anecdotal evidence of people screwing up an entire essay or an entire PT and still passing? Give me hope here, guys.

Here's an anecdote: when I took the Cali bar, I had one essay where I did not know the relevant law AT ALL. I just made shit up. And I had two other essays where I missed major issues and/or did not know the relevant rules.

I also was really confused by the the first day's PT. I never really could figure it out. I maybe wrote 1,500 words.

I passed.

Now, I think I did well on the MBE. Also, I think my three good essays were very good. But the point is you can fuck up significant portions of the California bar and still pass. It's really worthwhile to keep a positive attitude.

[JJDancer]

darn it I totally forgot to mention it wasn't binding but persuasive that would have really helped my argument :\

does anyone else feel like they could have done a really good job on that PT if they had maybe another hour, or if it was a legit assignment and you had a day or half day to do it? grrr....it sucks feeling like you could have done so much better but couldn't because of the time and fatigue crunch

YES! I really needed more time! One more hour would have made ALL the difference. My PT ends in pure craziness with me typing as fast as I can with tons of spelling errors and makes no sense lol!

yikes same I barely erased all my random notes before time was called and my last 2 paragraphs were [bunch of quotes/meager analysis and facts from case 2] + [therefore,....]

This was me too. The last 15 minutes caught up to me QUICK - brutal. Also, totally wrote nothingness on charge 1 so whateva.

[glasnost]

long time lurker here. of ALL the things to be freaked out about, why is everyone worrying about examsoft or whatever not uploading??? We can submit all of the exams up until 12 pm Friday. Relax people!!!

[sundance95]

long time lurker here. of ALL the things to be freaked out about, why is everyone worrying about examsoft or whatever not uploading??? We can submit all of the exams up until 12 pm Friday. Relax people!!!

Me---> 'huh, exams not uploading...prolly server side, w/e'

Get on internet:

Rest of legal profession---->lost ark caliber facemelting

Althought tbf, id be freaking the fuck out if i was in one of those stupid states that require same night upload else zero

[dtl]

There were quite a few east coast states who had a set upload time of 9 pm, or they lost 10 points or w/e. They were the ones who were truly shitting bricks. Us California people have plenty of leeway.

[glasnost]

long time lurker here. of ALL the things to be freaked out about, why is everyone worrying about examsoft or whatever not uploading??? We can submit all of the exams up until 12 pm Friday. Relax people!!!

Me---> 'huh, exams not uploading...prolly server side, w/e'

Get on internet:

Rest of legal profession---->lost ark caliber facemelting

Althought tbf, id be freaking the fuck out if i was in one of those stupid states that require same night upload else zero

haha no I get the people from the weirdo states freaking out (although even for them, most states pushed back the upload deadline). but people here were worried about examsoft.

I just wanted to reassure anyone who may not know that we have till Friday. Hell, if you listened to the instructions, even if you miss the Friday deadline, they won't start deducting points until next Monday or something.

[dtl]

long time lurker here. of ALL the things to be freaked out about, why is everyone worrying about examsoft or whatever not uploading??? We can submit all of the exams up until 12 pm Friday. Relax people!!!

Me---> 'huh, exams not uploading...prolly server side, w/e'

Get on internet:

Rest of legal profession---->lost ark caliber facemelting

Althought tbf, id be freaking the fuck out if i was in one of those stupid states that require same night upload else zero

haha no I get the people from the weirdo states freaking out (although even for them, most states pushed back the upload deadline). but people here were worried about examsoft.

I just wanted to reassure anyone who may not know that we have till Friday. Hell, if you listened to the instructions, even if you miss the Friday deadline, they won't start deducting points until next Monday or something.

I heard pretty clearly that after Friday you get the 10 scaled points off. I could be wrong, but the Ontario ballroom speaker was relatively clear about it.

[lmr]

long time lurker here. of ALL the things to be freaked out about, why is everyone worrying about examsoft or whatever not uploading??? We can submit all of the exams up until 12 pm Friday. Relax people!!!

Me---> 'huh, exams not uploading...prolly server side, w/e'

Get on internet:

Rest of legal profession---->lost ark caliber facemelting

Althought tbf, id be freaking the fuck out if i was in one of those stupid states that require same night upload else zero

haha no I get the people from the weirdo states freaking out (although even for them, most states pushed back the upload deadline). but people here were worried about examsoft.

I just wanted to reassure anyone who may not know that we have till Friday. Hell, if you listened to the instructions, even if you miss the Friday deadline, they won't start deducting points until next Monday or something.

Yes I was freaking out-didn't remember the deadline-It's only idk the biggest exam of our lives are people not allowed to be anxious? You can lol at our hysteria but idk if it's that odd to be freaked out that your file isn't uploading thinking it may be a problem w your computer, that your exam deleted, that the deadline is in a couple hours. etc. I mean as a long time lurker this is what compelled you to want to come on here and post about? Seriously?

[glasnost]

long time lurker here. of ALL the things to be freaked out about, why is everyone worrying about examsoft or whatever not uploading??? We can submit all of the exams up until 12 pm Friday. Relax people!!!

Me---> 'huh, exams not uploading...prolly server side, w/e'

Get on internet:

Rest of legal profession---->lost ark caliber facemelting

Althought tbf, id be freaking the fuck out if i was in one of those stupid states that require same night upload else zero

haha no I get the people from the weirdo states freaking out (although even for them, most states pushed back the upload deadline). but people here were worried about examsoft.

I just wanted to reassure anyone who may not know that we have till Friday. Hell, if you listened to the instructions, even if you miss the Friday deadline, they won't start deducting points until next Monday or something.

I heard pretty clearly that after Friday you get the 10 scaled points off. I could be wrong, but the Ontario ballroom speaker was relatively clear about it.

maybe. honestly, my brain is kind of fucked. just upload thursday night and no worries! since we're one of the few states that has 3 day bar exams, hopefully the server thing won't be an issue.

[sundance95]

All we're saying is that you should breathe into a paper bag for a sec

[Determination3]

I hate to spring this on people, but I'm freaking out.

Was remedies a contract crossover? It just asked what Paul's remedies are, so I didn't talk about it.

I didn't go into a full K analysis ecxept for mentioning there was a breach and he had contract remedy rights.

[lmr]

All we're saying is that you should breathe into a paper bag for a sec

Spare me your condescension. Everything's uploaded-people were complaining a couple hours ago when the situation was new and unknown. Certainly not going to apologize for giving a shit.

[lmr]

I hate to spring this on people, but I'm freaking out.

Was remedies a contract crossover? It just asked what Paul's remedies are, so I didn't talk about it.

I didn't go into a full K analysis ecxept for mentioning there was a breach and he had contract remedy rights.

No. It was a full remedies question. Facts clearly stated the K was valid and that D unjustifiably repudiated. They didn't want a K analysis.

[sundance95]

All we're saying is that you should breathe into a paper bag for a sec

Spare me your condescension. Everything's uploaded-people were complaining a couple hours ago when the situation was new and unknown. Certainly not going to apologize for giving a shit.

giving a shit =/= losing your shit

[Law-So-Hard]

The more tired I get, the more facts I missed from the essays come to me in flashes.

For instance, notice how I don't have a SIGNATURE attached to my avatar?