California Bar Exam (July 2014) thread Forum

[david33mba]

There were a couple of questions about robbery (painting in gallery, debit card). I am still not clear -- are those situations considered robbery?

[Anonnn]

.

[lmr]

Anyone remember the marshalling question?

[EZ as AsDf]

Wills/Trusts. How likely?

[pkt63]

Sorry dtl!

There were a couple of questions about robbery (painting in gallery, debit card). I am still not clear -- are those situations considered robbery?

I think not, because the person doesn't have the right intent.

[pkt63]

Anyone remember the marshalling question?

yeah, wtf was that? I decided to go with the barbri guy's advice about not picking something you've never heard of because you don't have enough confidence in yourself. So I avoided any marshaling answers, but can't remember enough about the question to try to google it.

[dtl]

Anyone remember the marshalling question?

I am 90% sure marshaling was the ploy answer. The situation was not about two lienholders and two plots of land, with one lienholder only having a lien on one of them.

I do not remember the specifics tho or what it was. But I do remember being really happy that real estate finance was the only class that fit well into my schedule last semester.

[lmr]

Anyone remember the marshalling question?

I am 90% sure marshaling was the ploy answer. The situation was not about two lienholders and two plots of land, with one lienholder only having a lien on one of them.

I do not remember the specifics tho or what it was. But I do remember being really happy that real estate finance was the only class that fit well into my schedule last semester.

There were two marshaling choices one was inverse marshaling or some nonsense and i was like wtf is this. It's bull this stuff isn't taught in property courses wtf is ncbe trying to prove here w these mortgage questions? Are they trying to change the way law schools teach property or just trying to fk w applicants? I don't understand.

[Byejulyhifeb]

17 year old in the bar...bartender takes the keys?!?!?!?! How the FUCK did bartender "know" it was his only way out? Facts did not refer to bartenders knowledge. Conversion? wtf is this shit

[greg737]

17 year old in the bar...bartender takes the keys?!?!?!?! How the FUCK did bartender "know" it was his only way out? Facts did not refer to bartenders knowledge. Conversion? wtf is this shit

I thought it was false imprisonment for sure, because i thought conversion would have to be a permanent deprivation of the property and he gave it back. Then again, what do I know?

[chicoalto0649]

17 year old in the bar...bartender takes the keys?!?!?!?! How the FUCK did bartender "know" it was his only way out? Facts did not refer to bartenders knowledge. Conversion? wtf is this shit

Least crappy answer? 2 were obviously wrong and it was not a conversion case...withholding keys from someone for a few hours can't constitute conversion.

[chicoalto0649]

So 100% no corps tomorrow since it was in that oddball hybrid?

[pkt63]

So 100% no corps tomorrow since it was in that oddball hybrid?

I think everyone would be pretty shocked if they allocated more time/space to corps after yesterday. Of course, everyone also says it is too unpredictable now...

[Byejulyhifeb]

17 year old in the bar...bartender takes the keys?!?!?!?! How the FUCK did bartender "know" it was his only way out? Facts did not refer to bartenders knowledge. Conversion? wtf is this shit

Least crappy answer? 2 were obviously wrong and it was not a conversion case...withholding keys from someone for a few hours can't constitute conversion.

Please go on young jedi....

Didn't see false impris cause I don't see keys effectuated confinement to bounded area. Wasn't conversion. If it's the one about bartender knowing then I'm screwed cause I spent way more time than I should have on this.


Also... Battery claim vs. a manufacturer? Lol

[Byejulyhifeb]

If there's a cal civ/corp crossover ill shit my pants right there and then and walk out

[lmr]

17 year old in the bar...bartender takes the keys?!?!?!?! How the FUCK did bartender "know" it was his only way out? Facts did not refer to bartenders knowledge. Conversion? wtf is this shit

Least crappy answer? 2 were obviously wrong and it was not a conversion case...withholding keys from someone for a few hours can't constitute conversion.

Please go on young jedi....

Didn't see false impris cause I don't see keys effectuated confinement to bounded area. Wasn't conversion. If it's the one about bartender knowing then I'm screwed cause I spent way more time than I should have on this.


Also... Battery claim vs. a manufacturer? Lol

False imprisonment fits- you can constructively confine someone to a bounded area. I remember this torts essay where this guy held a lady at gunpoint and barbri model answer argued false imprisonment. You just need to restrict their movement….completely shitty application of the law but i def felt the other answers were blatantly more wrong.

[greg737]

I though the several state actor cases were pretty tough; like the one when the car repair company repo'd a guys' car because he didn't pay, and did so pursuant to a statute. Didn't think that was state action, but all the answer choices indicated it had to be.

Then it showed up again with an insurance company in the same type of situation.

[chicoalto0649]

17 year old in the bar...bartender takes the keys?!?!?!?! How the FUCK did bartender "know" it was his only way out? Facts did not refer to bartenders knowledge. Conversion? wtf is this shit

Least crappy answer? 2 were obviously wrong and it was not a conversion case...withholding keys from someone for a few hours can't constitute conversion.

Please go on young jedi....

Didn't see false impris cause I don't see keys effectuated confinement to bounded area. Wasn't conversion. If it's the one about bartender knowing then I'm screwed cause I spent way more time than I should have on this.


Also... Battery claim vs. a manufacturer? Lol

D liable to P if defended intended consequences or knew they were substantially certain to occur. Products liability based on intent are not common- most common tort is battery

[Byejulyhifeb]

17 year old in the bar...bartender takes the keys?!?!?!?! How the FUCK did bartender "know" it was his only way out? Facts did not refer to bartenders knowledge. Conversion? wtf is this shit

Least crappy answer? 2 were obviously wrong and it was not a conversion case...withholding keys from someone for a few hours can't constitute conversion.

Please go on young jedi....

Didn't see false impris cause I don't see keys effectuated confinement to bounded area. Wasn't conversion. If it's the one about bartender knowing then I'm screwed cause I spent way more time than I should have on this.


Also... Battery claim vs. a manufacturer? Lol

False imprisonment fits- you can constructively confine someone to a bounded area. I remember this torts essay where this guy held a lady at gunpoint and barbri model answer argued false imprisonment. You just need to restrict their movement….completely shitty application of the law but i def felt the other answers were blatantly more wrong.

You're right. No point in arguing now and if it was an essay then for sure an issue. Just didn't think that the kid couldn't just walk out of the bar voluntarily. Didn't think that escaping confined area was limited to leaving in his car.

[Byejulyhifeb]

Ok so I missed two. I'll take 98/100 I guess....

[Anonnn]

17 year old in the bar...bartender takes the keys?!?!?!?! How the FUCK did bartender "know" it was his only way out? Facts did not refer to bartenders knowledge. Conversion? wtf is this shit

Least crappy answer? 2 were obviously wrong and it was not a conversion case...withholding keys from someone for a few hours can't constitute conversion.

Please go on young jedi....

Didn't see false impris cause I don't see keys effectuated confinement to bounded area. Wasn't conversion. If it's the one about bartender knowing then I'm screwed cause I spent way more time than I should have on this.


Also... Battery claim vs. a manufacturer? Lol

False imprisonment fits- you can constructively confine someone to a bounded area. I remember this torts essay where this guy held a lady at gunpoint and barbri model answer argued false imprisonment. You just need to restrict their movement….completely shitty application of the law but i def felt the other answers were blatantly more wrong.

+1 to this. There was a Barbri MC question where the airport refused to release this guys SUPER IMPORTANT luggage for a period of time and the answer involved false imprisonment. Honestly at this point I think it's just like any time someone keeps you from leaving a space when you otherwise reasonably would. It's dumb but what are you gonna do.

[Byejulyhifeb]

+1 to this. There was a Barbri MC question where the airport refused to release this guys SUPER IMPORTANT luggage for a period of time and the answer involved false imprisonment. Honestly at this point I think it's just like any time someone keeps you from leaving a space when you otherwise reasonably would. It's dumb but what are you gonna do.

Airports are distinguishable because of probable cause requirements and overall safety of other passengers on flights. Or so I thought.

[yips]

+1 to this. There was a Barbri MC question where the airport refused to release this guys SUPER IMPORTANT luggage for a period of time and the answer involved false imprisonment. Honestly at this point I think it's just like any time someone keeps you from leaving a space when you otherwise reasonably would. It's dumb but what are you gonna do.

Yeah...I mean, false imprisonment is based on "confinement," which is not a very precise term. It can include locking someone in a cellar, sure, but I think it's certainly arguable that it can be as simple as preventing someone from leaving a place when they are entitled to leave that place. It's pretty broad, I think.

[pkt63]

False imprisonment fits- you can constructively confine someone to a bounded area. I remember this torts essay where this guy held a lady at gunpoint and barbri model answer argued false imprisonment. You just need to restrict their movement….completely shitty application of the law but i def felt the other answers were blatantly more wrong.

You're right. No point in arguing now and if it was an essay then for sure an issue. Just didn't think that the kid couldn't just walk out of the bar voluntarily. Didn't think that escaping confined area was limited to leaving in his car.

It made this huge point about how "circumstances were such that" the kid couldn't leave.

[Byejulyhifeb]

Also since we're on the topic of how cool the ncbe people are: I really liked the half page fact pattern that ended with a civ pro call