Themis Bar Review Hangout - July 2016 Forum

[bsktbll28082]

That graded wills essay.....

I received a one-word comment from my grader.

[unidentifiable]

That graded wills essay.....

I received a one-word comment from my grader.

hahahahaha wtf.

Mine was assigned today. I botched most of it because i thought

[+] Spoiler

a joint will could be revoked... which fucked up most of the rest of the problem.

[ndp1234]

That graded wills essay.....

This was a repeat of the demoralizing Family Law essay last week. At least its the last graded essay.

Edit after your last post to say I said the exact same thing...

[Nebby]

Can I just skip the graded essay?

[mu13ski]

Nothing like a good morale boost from Themis on the last graded essay before exam day...

[Easy-E]

For Evidence, the FRO refers to general "confidential communications" under privileges. This is separate from spousal, attorney-client privileges or any of the enumerated ones. To what exactly are they referring? Is it just a catch-all rule?

[Chardee_MacDennis]

For Evidence, the FRO refers to general "confidential communications" under privileges. This is separate from spousal, attorney-client privileges or any of the enumerated ones. To what exactly are they referring? Is it just a catch-all rule?

I think that section is introductory and definitional. Like, a communication covered under any of these privileges must be confidential before the privilege can even apply. If a third party is present, then not confidential and thus won't fall under any privilege.

[Easy-E]

For Evidence, the FRO refers to general "confidential communications" under privileges. This is separate from spousal, attorney-client privileges or any of the enumerated ones. To what exactly are they referring? Is it just a catch-all rule?

I think that section is introductory and definitional. Like, a communication covered under any of these privileges must be confidential before the privilege can even apply. If a third party is present, then not confidential and thus won't fall under any privilege.

Ah okay. Basically this is how privilege is destroyed. Thanks.


Another evidence question, what would be a confidential statement made during the marriage that isn't made in reliance on sanctity of marriage? Or can we assume it will be very clear when it isn't, and otherwise (at least for the MBE), if it was made during the marriage in confidence, you're probably covered.

[Chardee_MacDennis]

For Evidence, the FRO refers to general "confidential communications" under privileges. This is separate from spousal, attorney-client privileges or any of the enumerated ones. To what exactly are they referring? Is it just a catch-all rule?

I think that section is introductory and definitional. Like, a communication covered under any of these privileges must be confidential before the privilege can even apply. If a third party is present, then not confidential and thus won't fall under any privilege.

Ah okay. Basically this is how privilege is destroyed. Thanks.


Another evidence question, what would be a confidential statement made during the marriage that isn't made in reliance on sanctity of marriage? Or can we assume it will be very clear when it isn't, and otherwise (at least for the MBE), if it was made during the marriage in confidence, you're probably covered.

I've seen only a few questions w/r/t spousal communications, and each time it was made expressly clear that the communication relied on the sanctity of marriage, e.g., during night in bed. I'm not sure how they would word a question in which the communication did not rely on the sanctity.

[Easy-E]

For Evidence, the FRO refers to general "confidential communications" under privileges. This is separate from spousal, attorney-client privileges or any of the enumerated ones. To what exactly are they referring? Is it just a catch-all rule?

I think that section is introductory and definitional. Like, a communication covered under any of these privileges must be confidential before the privilege can even apply. If a third party is present, then not confidential and thus won't fall under any privilege.

Ah okay. Basically this is how privilege is destroyed. Thanks.


Another evidence question, what would be a confidential statement made during the marriage that isn't made in reliance on sanctity of marriage? Or can we assume it will be very clear when it isn't, and otherwise (at least for the MBE), if it was made during the marriage in confidence, you're probably covered.

I've seen only a few questions w/r/t spousal communications, and each time it was made expressly clear that the communication relied on the sanctity of marriage, e.g., during night in bed. I'm not sure how they would word a question in which the communication did not rely on the sanctity.

Yeah that's what I thought. It's worth discussing on an essay I guess but I can't see how an MBE question would make it an issue.

[rambleon65]

--

[mlblaw]

I have a property timeline question. When can you ever sue on a land sales contract?

If I enter into a land sales contract and the seller doesn't have marketable title, I have to wait until the closing date. But if the seller still doesn't have marketable title then, courts assume time is not of the essence. After closing, I can only sue on the deed. Can someone give an example of where I could actually succeed against the seller for breach of the implied warranty of marketable title?

[rambleon65]

I have a property timeline question. When can you ever sue on a land sales contract?

If I enter into a land sales contract and the seller doesn't have marketable title, I have to wait until the closing date. But if the seller still doesn't have marketable title then, courts assume time is not of the essence. After closing, I can only sue on the deed. Can someone give an example of where I could actually succeed against the seller for breach of the implied warranty of marketable title?

Well, time might not be of the essence, but if the seller doesn't have marketable title within a reasonable time, you'd be allowed to sue (and you wouldn't have closed, which mean the doctrine of merger wouldn't apply). Moreover, even if you closed and later turns out that there was something wrong with chain of title, you could sue (unless it was a quit claim deed) on the deed, potentially the covenant of right to convey or convent against encumbrances.

As a practical matter, a land sale contract will undoubtedly have express covenants that force you to have marketable title by closing. The "time is not of the essence" thing only applies to the implied covenant of marketable title.

Please correct me if I'm wrong!

[ndp1234]

I have a property timeline question. When can you ever sue on a land sales contract?

If I enter into a land sales contract and the seller doesn't have marketable title, I have to wait until the closing date. But if the seller still doesn't have marketable title then, courts assume time is not of the essence. After closing, I can only sue on the deed. Can someone give an example of where I could actually succeed against the seller for breach of the implied warranty of marketable title?

The way I understand it is that it gives the buyer the ability rescind the contract as a buyer. All of the examples I've seen are where the stupid seller actually tells the buyer there's some defect in the title, or the buyer finds out somehow as to a defect to the title without the seller actually admitting it. The questions always asks what are the buyers remedies and refusing to continue/rescinding the contract is always a choice.

[minimumcontacts]

Crim Law Practice Essay question...

[+] Spoiler

How is this chick only guilty of involuntary manslaughter? When Carol saw John through the door’s glass panel, Carol grabbed a knife from the kitchen counter. When John broke the glass panel and put his hand through to reach the doorknob, Carol screamed “I’ll take matters into my own hands.” Carol then stabbed herself in the stomach and neck, and fell to the floor bleeding profusely.

Carol recovered from the incident but went into labor three months before her due date. Carol’s child was plagued with a number of health problems resulting from his premature birth. The child died of pneumonia the day before his first birthday, never having left the hospital.

The Themis model answer is saying involuntary manslaughter saying she only acted with conscious disregard to a substantial and unjustifiable risk. To me it seems more like Depraved heart murder. "killing committed with reckless indifference to an unjustifiable risk of human life." or intent to inflict serious bodily harm.

Seems like an over reach to even consider it involuntary manslaughter considering at common law, a fetus is not considered a living human until birth.

Assuming this is the Massachusetts essay, in MA it is homicide to kill a fetus. To be honest, the only reason I got involuntary manslaughter and not DHM is because I've always been told that DHM is generally tested with russian roulette style facts.

[Chardee_MacDennis]

Unpopular opinion: I kinda hope we get a sec trans essay.

[iworkforlsac]

Are the mixed PQ sets easier than the subject-specific ones? I am starting to see a lot of improvement, but feel tempted to chalk it off as just doing better on easy questions.

[ndp1234]

Are the mixed PQ sets easier than the subject-specific ones? I am starting to see a lot of improvement, but feel tempted to chalk it off as just doing better on easy questions.

They're easier in the sense that it's multiple subjects so that dilutes the effect of being bad at one subject or subtopic

[kiwi06511]

Unpopular opinion: I kinda hope we get a sec trans essay.

Please don't say this.

[1down1togo]

That graded wills essay.....

I received a one-word comment from my grader.

The word? "Fanfuckingtastic."

[bsktbll28082]

That graded wills essay.....

I received a one-word comment from my grader.

The word? "Fanfuckingtastic."

It was a positive word, but it didn't really help with focusing my studying.

[bsktbll28082]

Unpopular opinion: I kinda hope we get a sec trans essay.

Me too

[PotLuck]

Unpopular opinion: I kinda hope we get a sec trans essay.

I'm with you on this one. Took ST my last semester of law school. It's still fresh, and I have been crushing the ST essays. But in my jdx it doesn't look like it is offered that often.

[ndp1234]

Unpopular opinion: I kinda hope we get a sec trans essay.

I'm with you on this one. Took ST my last semester of law school. It's still fresh, and I have been crushing the ST essays. But in my jdx it doesn't look like it is offered that often.

It came up in the last administration of the MEE, so very unlikely it will show up again given its overall frequency.

[kiwi06511]

Unpopular opinion: I kinda hope we get a sec trans essay.

I'm with you on this one. Took ST my last semester of law school. It's still fresh, and I have been crushing the ST essays. But in my jdx it doesn't look like it is offered that often.

It came up in the last administration of the MEE, so very unlikely it will show up again given its overall frequency.

Thank f-ing god. I couldn't even make it through those lectures. I know nothing about secured transactions. That's not even something my law school offered as a class.