NY Bar Feb Exam: Support Group Forum

[NY_Sea]

Did you guys study for Admin law?

Do you think it is going to be tested?

I gave my opinion on this a while back, but again, it's just an opinion. I think they will. They only introduced it a year ago and have only tested it once. Considering this is the last hurrah, I would expect it, but then again, they could know that people are thinking the way I am and leave it off. Idk.

[jbarl1]

Do people usually leave a bag with their coat in the personal belongings area too?

[ebklove]

Posted this in new topic, but will repost here:

Hey guys, question has anyone looked at question three of the February 2013 essay? Question 3-3 involves the elective share of the spouse. The sample answers does not make any reference to the statutory set aside or exemptions. It is my understanding that the very first step of calculating the net the state is to reduce the gross estate by exempt personal property set-asides. In the question, it says that the "net value after payment of all debts funeral expenses and administration expenses" was $2 million, but does not mention and/or account for any statutory exemptions. I presumed that the omission of the statutory exemptions was intentional and the answer would expect an analysis as to personal property exemptions that can be taken by the surviving spouse, but neither model answer makes any reference to the exemptions.

Is the use of the word "net value" in the sentence sufficient for the examinee to assume that the net the estate is $2 million and all exemptions have already been accounted for even though they are not specifically named in the question ? In my practice answer, I went through the analysis but since it is not included in either model answer I am afraid I may be missing a concept or something. If anyone has any thought on this and wouldn't mind sharing, that would be so kind.

[northwood]

when i took the bar I made it a personal rule to never assume that the exam grader would make an assumption that you knew what the meaning of a word or phrase was. Even if it was a simple 5 word definition (net estate= assets minus liabilities) I would define any words that have more than one meaning/ connotation.

Don't leave anything up to chance/ interpretation for the examiner.

[sd5289]

Did you guys study for Admin law?

Do you think it is going to be tested?

I gave my opinion on this a while back, but again, it's just an opinion. I think they will. They only introduced it a year ago and have only tested it once. Considering this is the last hurrah, I would expect it, but then again, they could know that people are thinking the way I am and leave it off. Idk.

They certainly tested it in July, AKA the entire 5th essay with the exception of the random Crim law question. The experience of reading that essay prompt will be forever etched into my memory (I've largely forgotten the rest of the NY day). I was incredibly relieved that I'd looked at the Admin outline briefly the morning of.

Not sure they'd do that kind of thing again, but I'd give your minor topic outlines a glance just in case they pull that shit again.

Just stopping in to say GL everyone!

[NY_Sea]

Did you guys study for Admin law?

Do you think it is going to be tested?

I gave my opinion on this a while back, but again, it's just an opinion. I think they will. They only introduced it a year ago and have only tested it once. Considering this is the last hurrah, I would expect it, but then again, they could know that people are thinking the way I am and leave it off. Idk.

They certainly tested it in July, AKA the entire 5th essay with the exception of the random Crim law question. The experience of reading that essay prompt will be forever etched into my memory (I've largely forgotten the rest of the NY day). I was incredibly relieved that I'd looked at the Admin outline briefly the morning of.

Not sure they'd do that kind of thing again, but I'd give your minor topic outlines a glance just in case they pull that shit again.

Just stopping in to say GL everyone!

Didn't say they didn't test it in July... There was a little evidence weaved into that one too (at least the definition of hearsay lol).

I agree that I don't think it would be an essay on its own, but wouldn't rule out a significant question (whether the rule was adopted correctly or someone challenging an adjudicatory hearing)

[sd5289]

Did you guys study for Admin law?

Do you think it is going to be tested?

I gave my opinion on this a while back, but again, it's just an opinion. I think they will. They only introduced it a year ago and have only tested it once. Considering this is the last hurrah, I would expect it, but then again, they could know that people are thinking the way I am and leave it off. Idk.

They certainly tested it in July, AKA the entire 5th essay with the exception of the random Crim law question. The experience of reading that essay prompt will be forever etched into my memory (I've largely forgotten the rest of the NY day). I was incredibly relieved that I'd looked at the Admin outline briefly the morning of.

Not sure they'd do that kind of thing again, but I'd give your minor topic outlines a glance just in case they pull that shit again.

Just stopping in to say GL everyone!

Didn't say they didn't test it in July... There was a little evidence weaved into that one too (at least the definition of hearsay lol).

I agree that I don't think it would be an essay on its own, but wouldn't rule out a significant question (whether the rule was adopted correctly or someone challenging an adjudicatory hearing)

Ah, no, I didn't mean to say that people were claiming it wasn't tested in July. More that the NY bar examiners decided "you know what? Let's throw the major ones like Corporations and Crim Pro out, and let's test ADMIN."

If they test it again, I think it may be more like the random minor sub-question like the Secured Transactions question from July.

[NY_Sea]

Did you guys study for Admin law?

Do you think it is going to be tested?

I gave my opinion on this a while back, but again, it's just an opinion. I think they will. They only introduced it a year ago and have only tested it once. Considering this is the last hurrah, I would expect it, but then again, they could know that people are thinking the way I am and leave it off. Idk.

They certainly tested it in July, AKA the entire 5th essay with the exception of the random Crim law question. The experience of reading that essay prompt will be forever etched into my memory (I've largely forgotten the rest of the NY day). I was incredibly relieved that I'd looked at the Admin outline briefly the morning of.

Not sure they'd do that kind of thing again, but I'd give your minor topic outlines a glance just in case they pull that shit again.

Just stopping in to say GL everyone!

Didn't say they didn't test it in July... There was a little evidence weaved into that one too (at least the definition of hearsay lol).

I agree that I don't think it would be an essay on its own, but wouldn't rule out a significant question (whether the rule was adopted correctly or someone challenging an adjudicatory hearing)

Ah, no, I didn't mean to say that people were claiming it wasn't tested in July. More that the NY bar examiners decided "you know what? Let's throw the major ones like Corporations and Crim Pro out, and let's test ADMIN."

If they test it again, I think it may be more like the random minor sub-question like the Secured Transactions question from July.

Yeah it's the last hurrah... I fully expect NYP, Corps, and Crim Pro on this. But that could be just what they want me to think..........

DAMN YOU BOLE!!! (joke)

[iwantmybar]

Hhahaa yeah I remember the terrible feeling I had when I read the fact patterns. I was like "assholes, how dare you".
Then I was even more worried "well, i'm not even sure, is it admin? con law? ....wtf, evidence?"

Somehow I managed to get a 50'ish on that essay. The secured transaction essay however killed me, got a 32'ish

[j_syrinate]

Another silly question, which I cannot seem to find a straightforward answer to: is there a limitation on how many times one can use the restroom during the exam? Any word on how the "restroom policy" is administered in Albany?

Just bring a piss jug, saves you plenty of time on the exam.

[NY_Sea]

Another silly question, which I cannot seem to find a straightforward answer to: is there a limitation on how many times one can use the restroom during the exam? Any word on how the "restroom policy" is administered in Albany?

Just bring a piss jug, saves you plenty of time on the exam.

That's what I'm calling the toilet for now on... And for that, I thank you.

[misterjames]

Do people usually leave a bag with their coat in the personal belongings area too?

Yes nearly everyone does. They're basically just big rooms with a bunch of fold-out tables lining the walls, and you can leave your shit on it/under it, wherever. There's just no one actively watching it, but the whole building is being watched so I wouldn't worry about losing anything.

[starryski]

Hhahaa yeah I remember the terrible feeling I had when I read the fact patterns. I was like "assholes, how dare you".
Then I was even more worried "well, i'm not even sure, is it admin? con law? ....wtf, evidence?"

Somehow I managed to get a 50'ish on that essay. The secured transaction essay however killed me, got a 32'ish

i was the exact opposite. would have passed with a 47 on that dumb 5th essay.

will secured transactions also be on the predictions list?

[NY_Sea]

Hhahaa yeah I remember the terrible feeling I had when I read the fact patterns. I was like "assholes, how dare you".
Then I was even more worried "well, i'm not even sure, is it admin? con law? ....wtf, evidence?"

Somehow I managed to get a 50'ish on that essay. The secured transaction essay however killed me, got a 32'ish

i was the exact opposite. would have passed with a 47 on that dumb 5th essay.

will secured transactions also be on the predictions list?

Woah starry... Long time no see! If there's going to be any secured transaction question I think the extent would be a possible attachment/perfection problem... Idk if they'll do a priority issue.

[iwantmybar]

Hhahaa yeah I remember the terrible feeling I had when I read the fact patterns. I was like "assholes, how dare you".
Then I was even more worried "well, i'm not even sure, is it admin? con law? ....wtf, evidence?"

Somehow I managed to get a 50'ish on that essay. The secured transaction essay however killed me, got a 32'ish

i was the exact opposite. would have passed with a 47 on that dumb 5th essay.

will secured transactions also be on the predictions list?

I dont think Secured transactions will be on the bar, it already appeared last July and it's not such a big thing, so i don't see it appears twice in a row but I think as long as you know perfection and attachment + PMSI + repossession (non breaching the peace ) you are OK.

I really predict a big main rule about Corps/ Crim Law and something about the BIC in domestic relationship.

Essays grading is really unreliable. I was sure that my essay #5 was miserable and got a passing grade while I got a 32'ish on the one about Secured transactions.

The worst thing is the MPT. Looks like it's the lottery.

[NY_Sea]

Hhahaa yeah I remember the terrible feeling I had when I read the fact patterns. I was like "assholes, how dare you".
Then I was even more worried "well, i'm not even sure, is it admin? con law? ....wtf, evidence?"

Somehow I managed to get a 50'ish on that essay. The secured transaction essay however killed me, got a 32'ish

i was the exact opposite. would have passed with a 47 on that dumb 5th essay.

will secured transactions also be on the predictions list?

I dont think Secured transactions will be on the bar, it already appeared last July and it's not such a big thing, so i don't see it appears twice in a row but I think as long as you know perfection and attachment + PMSI + repossession (non breaching the peace ) you are OK.

I really predict a big main rule about Corps/ Crim Law and something about the BIC in domestic relationship.

Essays grading is really unreliable. I was sure that my essay #5 was miserable and got a passing grade while I got a 32'ish on the one about Secured transactions.

The worst thing is the MPT. Looks like it's the lottery.

I see BJR or Derivative Suits being on there for Corps, if it's on there... There will be Wills. Always is. I'd say Crim Law/Pro is almost a given considering the extent that it was tested in July was giving you a statute and seeing if it applied to someone lol

If Domestic Relations is on there (it was on July, so who knows), I say either BIC or Separate/Marital Property.

[iwantmybar]

Quick question about Wills.

On smart bar prep outline they say that a lay witness testimony is allowed regarding the testator's mental capacity but that he cannot give conclusions or opinions as to the tester 's legal mental capacity.

However, on a past NY released (feb 2010, question two), the model answers says the opposite.... so i guess smart bar prep is wrong?

[iwantmybar]

Hhahaa yeah I remember the terrible feeling I had when I read the fact patterns. I was like "assholes, how dare you".
Then I was even more worried "well, i'm not even sure, is it admin? con law? ....wtf, evidence?"

Somehow I managed to get a 50'ish on that essay. The secured transaction essay however killed me, got a 32'ish

i was the exact opposite. would have passed with a 47 on that dumb 5th essay.

will secured transactions also be on the predictions list?

I dont think Secured transactions will be on the bar, it already appeared last July and it's not such a big thing, so i don't see it appears twice in a row but I think as long as you know perfection and attachment + PMSI + repossession (non breaching the peace ) you are OK.

I really predict a big main rule about Corps/ Crim Law and something about the BIC in domestic relationship.

Essays grading is really unreliable. I was sure that my essay #5 was miserable and got a passing grade while I got a 32'ish on the one about Secured transactions.

The worst thing is the MPT. Looks like it's the lottery.

I see BJR or Derivative Suits being on there for Corps, if it's on there... There will be Wills. Always is. I'd say Crim Law/Pro is almost a given considering the extent that it was tested in July was giving you a statute and seeing if it applied to someone lol

If Domestic Relations is on there (it was on July, so who knows), I say either BIC or Separate/Marital Property.

Yep I was thinking the same thing if they decide to test Corps (im so sure they will ), be prepare to write down everything you know about the duty of care & loyalty !

I juste hope they won't test corps in a silly way like merger, premium shares and stuff, it's terrible.

It's really weird, it is the last damn real NY bar, maybe they are going to be very nice and only test softs issues hehe

[NY_Sea]

Quick question about Wills.

On smart bar prep outline they say that a lay witness testimony is allowed regarding the testator's mental capacity but that he cannot give conclusions or opinions as to the tester 's legal mental capacity.

However, on a past NY released (feb 2010, question two), the model answers says the opposite.... so i guess smart bar prep is wrong?

As far as I know, an attesting witness to the will can testify to the actions/statements/etc. of the testator while executing the will... Basically he can testify that there was nothing he witnesses that would make it seem to him like the testator lacked capacity.

Kind of a loophole, really, but the witness is moreso testifying to the lack of INCAPACITY, rather than testifying that the testator had capacity.

[starryski]

Hhahaa yeah I remember the terrible feeling I had when I read the fact patterns. I was like "assholes, how dare you".
Then I was even more worried "well, i'm not even sure, is it admin? con law? ....wtf, evidence?"

Somehow I managed to get a 50'ish on that essay. The secured transaction essay however killed me, got a 32'ish

i was the exact opposite. would have passed with a 47 on that dumb 5th essay.

will secured transactions also be on the predictions list?

I dont think Secured transactions will be on the bar, it already appeared last July and it's not such a big thing, so i don't see it appears twice in a row but I think as long as you know perfection and attachment + PMSI + repossession (non breaching the peace ) you are OK.

I really predict a big main rule about Corps/ Crim Law and something about the BIC in domestic relationship.

Essays grading is really unreliable. I was sure that my essay #5 was miserable and got a passing grade while I got a 32'ish on the one about Secured transactions.

The worst thing is the MPT. Looks like it's the lottery.

I see BJR or Derivative Suits being on there for Corps, if it's on there... There will be Wills. Always is. I'd say Crim Law/Pro is almost a given considering the extent that it was tested in July was giving you a statute and seeing if it applied to someone lol

If Domestic Relations is on there (it was on July, so who knows), I say either BIC or Separate/Marital Property.

Yep I was thinking the same thing if they decide to test Corps (im so sure they will ), be prepare to write down everything you know about the duty of care & loyalty !

I juste hope they won't test corps in a silly way like merger, premium shares and stuff, it's terrible.

It's really weird, it is the last damn real NY bar, maybe they are going to be very nice and only test softs issues hehe

hey NYSEA!

also derivative suits and BJR for corps.

for family i also think equitable distribution will be a big one.

and i agree with all the other predictions. for wills, most likely testamentary substitutes and ademption.

[NY_Sea]

Hhahaa yeah I remember the terrible feeling I had when I read the fact patterns. I was like "assholes, how dare you".
Then I was even more worried "well, i'm not even sure, is it admin? con law? ....wtf, evidence?"

Somehow I managed to get a 50'ish on that essay. The secured transaction essay however killed me, got a 32'ish

i was the exact opposite. would have passed with a 47 on that dumb 5th essay.

will secured transactions also be on the predictions list?

I dont think Secured transactions will be on the bar, it already appeared last July and it's not such a big thing, so i don't see it appears twice in a row but I think as long as you know perfection and attachment + PMSI + repossession (non breaching the peace ) you are OK.

I really predict a big main rule about Corps/ Crim Law and something about the BIC in domestic relationship.

Essays grading is really unreliable. I was sure that my essay #5 was miserable and got a passing grade while I got a 32'ish on the one about Secured transactions.

The worst thing is the MPT. Looks like it's the lottery.

I see BJR or Derivative Suits being on there for Corps, if it's on there... There will be Wills. Always is. I'd say Crim Law/Pro is almost a given considering the extent that it was tested in July was giving you a statute and seeing if it applied to someone lol

If Domestic Relations is on there (it was on July, so who knows), I say either BIC or Separate/Marital Property.

Yep I was thinking the same thing if they decide to test Corps (im so sure they will ), be prepare to write down everything you know about the duty of care & loyalty !

I juste hope they won't test corps in a silly way like merger, premium shares and stuff, it's terrible.

It's really weird, it is the last damn real NY bar, maybe they are going to be very nice and only test softs issues hehe

hey NYSEA!

also derivative suits and BJR for corps.

for family i also think equitable distribution will be a big one.

and i agree with all the other predictions. for wills, most likely testamentary substitutes and ademption.

Practice essays. All. Damn. Day.

[iwantmybar]

Quick question about Wills.

On smart bar prep outline they say that a lay witness testimony is allowed regarding the testator's mental capacity but that he cannot give conclusions or opinions as to the tester 's legal mental capacity.

However, on a past NY released (feb 2010, question two), the model answers says the opposite.... so i guess smart bar prep is wrong?

As far as I know, an attesting witness to the will can testify to the actions/statements/etc. of the testator while executing the will... Basically he can testify that there was nothing he witnesses that would make it seem to him like the testator lacked capacity.

Kind of a loophole, really, but the witness is moreso testifying to the lack of INCAPACITY, rather than testifying that the testator had capacity.

Thanks for the explanation, i'll think about you if we get this issue on tuesday (for only two seconds though, time will be precious) !

[gtg]

I've looked at the past few exams in my spare time over the course of studying and this is what I came up with: Crim Law/Procedure, Wills, Prof. Responsibility, NY Practice, Domestic Relations and Evidence. Also, either Torts or Property. I'm also guessing one or two "obscure topics," such as Admin or Workers Comp.

[NY_Sea]

I've looked at the past few exams in my spare time over the course of studying and this is what I came up with: Crim Law/Procedure, Wills, Prof. Responsibility, NY Practice, Domestic Relations and Evidence. Also, either Torts or Property. I'm also guessing one or two "obscure topics," such as Admin or Workers Comp.

I think that's probably pretty close to what it's going to be. You have the staples that you know are going to be on there, especially since this is the last NY Bar ever... Wills, NYP, Domestic Relations, Crim Law/Procedure. You have to think that Contracts is gonna be there, especially since it's been on pretty much every exam ever.

[starryski]

I've looked at the past few exams in my spare time over the course of studying and this is what I came up with: Crim Law/Procedure, Wills, Prof. Responsibility, NY Practice, Domestic Relations and Evidence. Also, either Torts or Property. I'm also guessing one or two "obscure topics," such as Admin or Workers Comp.

I think that's probably pretty close to what it's going to be. You have the staples that you know are going to be on there, especially since this is the last NY Bar ever... Wills, NYP, Domestic Relations, Crim Law/Procedure. You have to think that Contracts is gonna be there, especially since it's been on pretty much every exam ever.

i think WC and No-fault was on the prediction list last summer, so i'm guessing it's still likely for this exam.