California Bar Exam (July 2014) thread Forum

[InTheWideLand I Walk]

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

no liability- to prevent injury to the child (defense of others = acting in a reasonable manner to protect others who are in real or apparent danger. it was apparent he was going around trying to get drinks and the only way to leave after drinking was to drive so it was reasonable to hold his keys for a split second so he couldnt get wasted and crash his car on the way home.)

[Carryon]

My brain hurts from reading the above story involving the bartender

[yips]

*sigh*

All I want to do is party and be glad to be done with this exam...but all of my friends (i.e., non-bar takers) have work tomorrow because, you know, it's a weekday. Everyone has gone to bed already, and I'm up and amped. Dammit.

[lithoman]

Re: PT2. Why can't the buyer get punitive damages? The parties jointly submitted two claims for arbitration: breach of contract and fraudulent misrepresentation (intentional omission where the plaintiff reasonably expected disclosure). The latter is a business tort eligible for punitives, no?

[chicoalto0649]

Re: PT2. Why can't the buyer get punitive damages? The parties jointly submitted two claims for arbitration: breach of contract and fraudulent misrepresentation (intentional omission where the plaintiff reasonably expected disclosure). The latter is a business tort eligible for punitives, no?

I don't think it [business tort remedies]was explicitly discussed in the library? Might have a valid point but I think the issue they were testing was the arbitrator has full discretion to implement an award reasonably related to findings etc.

What did people put for the timeliness issue? That tripped me up for a bit

[Furball]

Re: timeliness, think I referred to one case that talked about how timeliness isn't an issue if an arbitrator is just correcting something. Not sure if that's right but the case mentioned it so I just used it. Who knows. My only pain right now is f'ing up on the headings. Used wrong headings by not following the directions. Anyone have an idea how much that can cost you?

[lithoman]

What do you mean you used the "wrong" headings?

[chicoalto0649]

What do you mean you used the "wrong" headings?

I think they wanted headings that were persuasive and not conclusionsry like

THE ARBITRATOR ACTED WITHIN HIS AUTHORITY TO REVISE YADAYADA

not

The petitioner is wrong

Something like that. I suck at writing these things.

[Apple Tree]

Tagging on PTB, I totally didn't discuss the subissues for one of the issues... I just discussed them all together, so obviously ignoring the call of the question AND ignoring the attorney fee discussion AND obviously the heading is wrong... How bad do you have to be to get a 50? Just hope I can get a 60...

[Furball]

You know how the instructions for the persuasive memo said to use headings that state a specific point that you're going to argue about instead of some general heading that don't say much? Well like a fool that's what I f'en did. Made 4 completely general headings with each one saying "there is no merit to LRK's assertion that..." seriously, I have no idea wtf I was thinking. Is that an automatic 50-55 for having retarded headings? Ugh probably.

[AMCD]

It's impossible to know what they do, how they do it, or why they do it. I failed in Feb by three points. Thought I did a decent job in PTA, got a 55. Felt good about PTB, not great, but better than PTA, got a 75. Didn't feel anything like a 75. Essay grading, same crap. Love property, discussed just about everything I saw in published answers, 55. Con Law, not my thing. 75. Spent 35 mins on that dumb ass civ pro question because I didn't know what to say. At all. Got a 60. The point is that it is IMPOSSIBLE to speculate on what you get. I don't feel good at all about this round, other than crim pro and torts, and maybe remedies. Not taking this shit again.

[twelda]

Re: timeliness, think I referred to one case that talked about how timeliness isn't an issue if an arbitrator is just correcting something. Not sure if that's right but the case mentioned it so I just used it. Who knows. My only pain right now is f'ing up on the headings. Used wrong headings by not following the directions. Anyone have an idea how much that can cost you?

I basically just talked about how a lot of things weren't statutory bases for vacating an award. So timeliness doesn't matter in amendment, and even if it did, you can't vacate because of it.

God what a horrible day. Congrats to everyone for being done!

[InTheWideLand I Walk]

It's impossible to know what they do, how they do it, or why they do it. I failed in Feb by three points. Thought I did a decent job in PTA, got a 55. Felt good about PTB, not great, but better than PTA, got a 75. Didn't feel anything like a 75. Essay grading, same crap. Love property, discussed just about everything I saw in published answers, 55. Con Law, not my thing. 75. Spent 35 mins on that dumb ass civ pro question because I didn't know what to say. At all. Got a 60. The point is that it is IMPOSSIBLE to speculate on what you get. I don't feel good at all about this round, other than crim pro and torts, and maybe remedies. Not taking this shit again.

to your first point I agree 100%. Not really to your second point on giving up based on your own reasoning. if your success is based off probability alone, then dont you think your chances of passing increase with the amount of times you take it? to use an analogy, if you flip a coin 10 times, there is a high probability is you will get heads at least once. but if you only take 2 flips there is a much lower probability of getting heads. maybe if you dont have enough money and have to live in a homeless shelter to retake it that would be a good excuse. but if you can just leech off someone to live at their house to take it another time i would do it. If you pass, you are legally allowed to start your own practice, get a client who has a good case, win a 10 million dollar settlement and keep a big contingent fee and all your problems for eternity will be solved. if I had a 50% chance of the possibility of that happening, I would do it. Im not going to live in poverty forever because im afraid to study every day for 2 months 10 times.

[rui]

Just realized I was so excited to be done that I forgot to upload my answers. Whoops.

[Carryon]

Re: PT2. Why can't the buyer get punitive damages? The parties jointly submitted two claims for arbitration: breach of contract and fraudulent misrepresentation (intentional omission where the plaintiff reasonably expected disclosure). The latter is a business tort eligible for punitives, no?

I analyzed it that way too. The punitive damages were related to the concealment, which could be a tort such as misrepresentation. but, I don't know, I did that part pretty quick at the end with my brain being fried.

[Carryon]

It's impossible to know what they do, how they do it, or why they do it. I failed in Feb by three points. Thought I did a decent job in PTA, got a 55. Felt good about PTB, not great, but better than PTA, got a 75. Didn't feel anything like a 75. Essay grading, same crap. Love property, discussed just about everything I saw in published answers, 55. Con Law, not my thing. 75. Spent 35 mins on that dumb ass civ pro question because I didn't know what to say. At all. Got a 60. The point is that it is IMPOSSIBLE to speculate on what you get. I don't feel good at all about this round, other than crim pro and torts, and maybe remedies. Not taking this shit again.

I too thought that I did well on PTA in February 2014 bar exam, still feel like I did well despite my score, which is scary. So who knows how I did on these pts

[a male human]

I was in 315. But you'd know by if there were any in your room cuz you'd have bites by now. I'm sure you're fine

Seriously, both of you who were at that hotel, if you had your luggage on the floor or by the bed at all, don't bring it in your home. They migrate at night into your bags and then you can infest your entire house. Saw the most grotesque documentary about what happens when you return from a bed bug hotel. So sorry you went through this. Unpack outside, wash your clothing immediately and let the empty bags sit outside in the direct sun for a good week.

How do I know that I have them in my suitcase or clothes?

I guess your luggage won't be Carryon

[lmr]

It's impossible to know what they do, how they do it, or why they do it. I failed in Feb by three points. Thought I did a decent job in PTA, got a 55. Felt good about PTB, not great, but better than PTA, got a 75. Didn't feel anything like a 75. Essay grading, same crap. Love property, discussed just about everything I saw in published answers, 55. Con Law, not my thing. 75. Spent 35 mins on that dumb ass civ pro question because I didn't know what to say. At all. Got a 60. The point is that it is IMPOSSIBLE to speculate on what you get. I don't feel good at all about this round, other than crim pro and torts, and maybe remedies. Not taking this shit again.

What was your mbe score?

[Law-So-Hard]

I felt okay on the days of the exam but now I'm totally tripping out thinking what if I was just full of adrenalin and all my answers were full of shit and I'm going to fail and the worst thing is I thought I did okay????

[Jay Heizenburg]

Yeah. It was a nightmare. It was Quality Inn Ontario. Thankfully they refunded my money and I moved to Holiday Inn. Although money was the least of my worries at that point.

Anyway to everyone worrying about their performance I think you can make some mistakes, even a big one here or there, and still pass. I know I made some given my situation. But it's normal to critique every mistake and forget about all the things you got right that could very well compensate. Have hope!!!

I'm willing to put my hand on a Bible and swear to this, but the exact same thing happened to me at the exact same hotel this past February. I was fuckin' pissed!

[Furball]

Did ok on the essays except for the corp and the trust one. Bombed on those so that's 2 f'ed up essays out of 6. Have no idea how I did on the perf exams but I'm pretty sure I screwed up on perf exam B. Anyone did awful on a couple essays but still managed to pass? Need to hear some damn miracle stories right now bc I'm depressed.

[a male human]

Did ok on the essays except for the corp and the trust one. Bombed on those so that's 2 f'ed up essays out of 6. Have no idea how I did on the perf exams but I'm pretty sure I screwed up on perf exam B. Anyone did awful on a couple essays but still managed to pass? Need to hear some damn miracle stories right now bc I'm depressed.

Yeah so last Feb...I missed at least one issue in PR, didn't know what variance and nonconforming use were for the real prop essay, bullshitted hard on community property because that's probably my worst subject and the last time I studied for that was 2 weeks before the test, didn't know the difference between calls 1 and 2 for civ pro, not to mention the deadline for appeals, pretty much wrote a bunch of one-liners for the remedies essay because I had to cram in torts theories, K theories, and discuss all the remedies for that. I know I missed some MBE questions for sure. I thought I failed.

I attribute my passage to identifying relevant issues and doing well (I think) on the PTs. -10 points on the essays can be recovered by +5 points on a PT.

[LSATNightmares]

Re: PT2. Why can't the buyer get punitive damages? The parties jointly submitted two claims for arbitration: breach of contract and fraudulent misrepresentation (intentional omission where the plaintiff reasonably expected disclosure). The latter is a business tort eligible for punitives, no?

I did what you did. I would have included the discussion about the arbitrator's broad right to assign damages or whatevs, but I ran out of time. Instead, I wrote a hurried analysis about how because they added the concealment claim where punitive damages are okay, and because LRI's petition was only based on the contracts claim, punitive damages are okay. I'm hoping that will get us partial credit.

[Law-So-Hard]

Re: PT2. Why can't the buyer get punitive damages? The parties jointly submitted two claims for arbitration: breach of contract and fraudulent misrepresentation (intentional omission where the plaintiff reasonably expected disclosure). The latter is a business tort eligible for punitives, no?

I did what you did. I would have included the discussion about the arbitrator's broad right to assign damages or whatevs, but I ran out of time. Instead, I wrote a hurried analysis about how because they added the concealment claim where punitive damages are okay, and because LRI's petition was only based on the contracts claim, punitive damages are okay. I'm hoping that will get us partial credit.

the first quoted rules from the C Arb rules or whatever said an arbitrator could give whatever amount was just and fair and the first case talked about how the law wasn't "dry" and whatnot so I said they didn't contractually limit remedies to only K remedies so pun dam were fair game

[kerryconverse]

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