California Bar Exam (July 2014) thread Forum

[injun]

PTs were a challenge for me....today especially. I literally had 1 sentence for the punitive damages issue part of PTB. Anyone know what we were supposed to put down for that one? Didn't recall any cases that covered that issue

[lmr]

PTs were a challenge for me....today especially. I literally had 1 sentence for the punitive damages issue part of PTB. Anyone know what we were supposed to put down for that one? Didn't recall any cases that covered that issue

The first case-error of law is non-reviewable by court. Supreme Court case.

[umstah]

i just put that even if it was in error, the court cant correct it because a mistake isn't any grounds for review. basically that first case. pulled it out of my ass.

[mistermister]

Anybody want to opine on the second question in the Trusts essay? The suit from the co-trustee against the charity for using income for administrative costs instead of disaster relief... It was probably the only complete "I dunno" for me this morning.

[Mr. Pink]

PTs were a challenge for me....today especially. I literally had 1 sentence for the punitive damages issue part of PTB. Anyone know what we were supposed to put down for that one? Didn't recall any cases that covered that issue

The first case (Monroe?) covered the broad powers that the arbitrator had and how he didn't have to apply straight law, and instead could make a decision based on good conscious and being fair. Also stated how even if he made a decision that was in error is not a justifiable reason to vacate or something like that.

It was a big PT and had a lot of discussion. I think I got everything down, but I don't think it was organized as well because I was so rushed trying to get everything down in time.

[chicoalto0649]

What about all that nonsense about the motions not being timely filed? That was the 2nd or 3rd case. Something like the timeliness rules apply when correcting clerical errors.
Manufacturers rule not applicable because state law is controlling...

[Carryon]

Congrats on finishing! You guys actually did it!

thanks for your help as well!

[lmr]

Anybody want to opine on the second question in the Trusts essay? The suit from the co-trustee against the charity for using income for administrative costs instead of disaster relief... It was probably the only complete "I dunno" for me this morning.

Yes-anyone out there? I seriously hated that question- I read it a few times was like wtf the lady is still alive, she made herself a beneficiary, she converted the assets to stocks and then her sister put the shares towards a new house but did the house consist of other funds outside of the shares? It made sense when i did the CP analysis but these issues never came up in my outline or essays i did…i totally freaked out and was grateful we had crim and torts to make up for it.

Charitable trust? It wasn't a cy press issue-i don't even know. Awful. Even more awful that everyone thought it was so easy

[clarebear726]

yea that was a horrible question. i put something abt quasi CP and an illusory transfer and that you cant do a testamentary disposition of all the quasi CP but NO idea

[Apple Tree]

yea that was a horrible question. i put something abt quasi CP and an illusory transfer and that you cant do a testamentary disposition of all the quasi CP but NO idea

Lol that is exactly what I said.

[jarofsoup]

If I messed up my birtday on the mbe scan tron will this cause problems or not?

[lmr]

If I messed up my birtday on the mbe scan tron will this cause problems or not?

I doubt it. They make you do so many other forms of ID that it probably won't matter. Maybe call just to double check. Seems more like an auditing thing. I think your app number matters the most.

[duskfall]

Guys and gals, stop stressing out on the exam!!! You all are done! Go out and enjoy yourselves! You all deserved it by taking the nations hardest bar exam! Plus, you will have a full two months to stress out when u wait for the results! Go to Disneyland or something.

[mmmnnn]

If I messed up my birtday on the mbe scan tron will this cause problems or not?

I messed up my name on the first part. I filled in the extra bubbles for the blanks at the end. Couldn't hear the directions in the AM session, because one proctor was talking over another. I asked if it mattered when I turned in the PM part, and they said no, it's fine.

Obviously that's not the same thing, but the point is that it doesn't have to be perfect (or an exact match between AM/PM).

[Carryon]

how badly can one fuck up a PT?

I finished today's PT, but somehow i just really screwed up my time management and so my analysis for a couple of my arguments against his motions was really scant, just a few sentences, basically why a certain case was applicable and so his motion shouldn't be granted, etc. is that still pretty much a fail?

I think I really screwed up that last PT. I think I made decent arguments using the cases for like one damn issue but the rest were such short ass discussions that didn't really pertain to the main points of the cases or the opposing arguments.

btw I had to hold myself back from typing "Fucktus Officio" because that's what I felt like the last hour.

I think its funcus or something. My mini pad wants to correct the spelling. But I had the same toilet humor wrt to that word and started laughing in the beginning of the pt but then crying at the end

[Carryon]

If I messed up my birtday on the mbe scan tron will this cause problems or not?

I messed up my name on the first part. I filled in the extra bubbles for the blanks at the end. Couldn't hear the directions in the AM session, because one proctor was talking over another. I asked if it mattered when I turned in the PM part, and they said no, it's fine.

I don't know. I forgot to sign one of the essay answer books, and got a yellow notice to see them. I only had to sign the book and that was that. No points were taken off my score. So, maybe you should be ok too.

[Jay Heizenburg]

Torts:

Kind of a free for all:

P vs O: negligent hiring (said not liable for Indy contractors and no exceptions apply, pretty sure it was delegable)

P vs W & D: battery kind of stretch but knew with substantial certainty harmful contact would occur

P vs C for negligence or something like that (maybe I said both of them)

P vs O: implied warranty of merchantable

http://www.maginnislaw.com/2012/07/food ... ntability/

Not to be a dick but it said negligence theories only I think.

I don't know why, but this is "classic" to me ...

Lol, it just makes me laugh ... because it's so true ...

[Jay Heizenburg]

PTs were a challenge for me....today especially. I literally had 1 sentence for the punitive damages issue part of PTB. Anyone know what we were supposed to put down for that one? Didn't recall any cases that covered that issue

I'm sort-of in the same boat ...

On a couple of the issues I was okay ... maybe happy, even proud ...

On the other issues, I lied and bullshitted my ass off, I can't lie ...

But I feel you ...

[Jay Heizenburg]

how badly can one fuck up a PT?

I finished today's PT, but somehow i just really screwed up my time management and so my analysis for a couple of my arguments against his motions was really scant, just a few sentences, basically why a certain case was applicable and so his motion shouldn't be granted, etc. is that still pretty much a fail?

Don't feel bad, you are not alone ...

I'm alright, and even proud of a couple of the issues ...

But, I can't lie ... I completely bullshitted the other two, due to time constraints ...

Smh, I should've taken law school a bit more seriously ...

[chicoalto0649]

Torts:

Kind of a free for all:

P vs O: negligent hiring (said not liable for Indy contractors and no exceptions apply, pretty sure it was delegable)

P vs W & D: battery kind of stretch but knew with substantial certainty harmful contact would occur

P vs C for negligence or something like that (maybe I said both of them)

P vs O: implied warranty of merchantable

http://www.maginnislaw.com/2012/07/food ... ntability/

Not to be a dick but it said negligence theories only I think.

I don't know why, but this is "classic" to me ...

Lol, it just makes me laugh ... because it's so true ...

Lol that was a remarkable brain fart. I guess I won't "lose" points. And I did negligence for the owner and W on different theories, however I stupidly neglected to talk about the chefs liability (I argued he was an IC). Can't believe I forgot to

[Law-So-Hard]

Trying to not think of the exam but..

- did anyone discuss 6th amendment and prof resp issues on the first essay?
- didnt discuss larceny at all in first essay wonder if I should have thrown in a line
-second one: did analysis of trustee duties, discussed general and spec charitable intent, analyzed the trust as straight cp/quasi cp law no illusory trust issues..
-third essay: didnt frame as agency law issues just talked vicarious liability and did an independent contractor analysis so no v/l but liable under neg hiring
-PT was ok i think I had 5 main paragraphs- equitable remedies ok,attorneys fees as a matter of law, not a final decision,court cant review without a showing of fraud and there was none and totally made up a fact that there was no ex parte communication w the arbitrator and other counsel knew, stuff like that

Please tell me im close?

[Law-So-Hard]

Also I came out - he could represent himself - and threw in stuff i learned in law school about timeliness of waiver of counsel and stuff

[jarofsoup]

If I messed up my birtday on the mbe scan tron will this cause problems or not?

I messed up my name on the first part. I filled in the extra bubbles for the blanks at the end. Couldn't hear the directions in the AM session, because one proctor was talking over another. I asked if it mattered when I turned in the PM part, and they said no, it's fine.

I don't know. I forgot to sign one of the essay answer books, and got a yellow notice to see them. I only had to sign the book and that was that. No points were taken off my score. So, maybe you should be ok too.

I am actually feeling dread and terror over this, but I have never heard of anyone failing and I am sure a shit load of misbubbles happen.

In AK the bar lost a truck load of tests and they had to take it over a week later.

[Furball]

For perf exam B, anyone just use the 4 points of argument that the other counsel raised in their motion to vacate?? I only had 4 headings to address each of their points. Man I'm feeling really iffy right now.

[071816]

sup