Virginia July 2015 Bar Exam Hangout Forum

[BelugaWhale]

Question, this is from VBBE:

The essay portion (also referred to by some as the "Virginia portion") will consist of two sessions of three hours each held on the first day of the examination. The morning session of the first day of the exam will consist of five essay questions. The afternoon session will consist of four essay questions plus a number of multiple choice questions.

What they mean by multiple choice questions are the short answer questions right? As in 10 of them worth 1 pt each?

[anon sequitur]

What they mean by multiple choice questions are the short answer questions right? As in 10 of them worth 1 pt each?

Yeah

[3|ink]

Did you all get your C&F results yet?

I got the initial email they sent weeks ago, but they still needed my certificate of graduation. I sent that in and haven't heard anything since.

[jas31]

Did you all get your C&F results yet?

I got the initial email they sent weeks ago, but they still needed my certificate of graduation. I sent that in and haven't heard anything since.

Nothing.

[IamIn]

Did you all get your C&F results yet?

I got the initial email they sent weeks ago, but they still needed my certificate of graduation. I sent that in and haven't heard anything since.

C&F questionnaire came to my work 2 weeks ago, so I don't expect to get my results any time soon.

[GULCPerson]

Did you all get your C&F results yet?

I got the initial email they sent weeks ago, but they still needed my certificate of graduation. I sent that in and haven't heard anything since.

C&F questionnaire came to my work 2 weeks ago, so I don't expect to get my results any time soon.

Are we supposed to hear anything? I was under the impression that you basically never hear from them unless there's a problem, which in some cases comes months after the actual exam.

[IamIn]

Did you all get your C&F results yet?

I got the initial email they sent weeks ago, but they still needed my certificate of graduation. I sent that in and haven't heard anything since.

C&F questionnaire came to my work 2 weeks ago, so I don't expect to get my results any time soon.

Are we supposed to hear anything? I was under the impression that you basically never hear from them unless there's a problem, which in some cases comes months after the actual exam.

You're correct; we're not supposed to hear anything. I wonder what happens if they don't hear back from previous employers/schools. Would they let us know and tell us to reach out to those places? I'm worried about my undergraduate institution; it's overseas, and English is not that popular of a language in my town. I'm afraid they will not do anything upon receiving the form..

[jas31]

How is everyone approaching these essay topics?

[GULCPerson]

How is everyone approaching these essay topics?

Very fearfully. I feel like a lot of the past essays have tested a really obscure exception to a rule, so even if I've gone over all the available past essays in that topic, I'm going to get blindsided by another obscure exception that's never been tested previously.

[anon sequitur]

Here is a a bunch of model answers to essay questions from previous Virginia bar exams, written by W&M faculty. Looks quite good, I will use it out as soon as I stop procrastinating about essays.

http://law.wm.edu/academics/howto/prepa ... pastexams/

[IamIn]

How on earth am I going to learn VA Civ Pro?? When I finished the lectures and discovered that big long table at end of the handout, I lost all hope..

[jas31]

At this point, I feel like it makes the most sense to read through the most heavily tested subjects for the essay portion in the Barbri book.

[3|ink]

At this point, I feel like it makes the most sense to read through the most heavily tested subjects for the essay portion in the Barbri book.

It probably makes more sense to just attempt the essays and learn from the model answers. At least that's what I've been reading. Apparently there are many recurring fact patterns.

[IamIn]

I have a question about self-defense in VA criminal law. I hope someone can answer it because the topic is very important.

The model answer to one of the essays states that "where the defendant is the initial aggressor, he may assert self-defense if he completely abandons the original attack by retreating to the extent he can safely do so and making known his desire for peace by work or act." But I thought those are the elements for the excusable homicide (page 25 of the handout).

I was under the impression, however, that the defendant who is the initial aggressor can assert self-defense when there is an escalated violence scenario (D pushes the Victim, Victim attacks with a knife, and D shoots the Victim. D has a valid claim for self-defense). I thought the retreat was not necessary.

So which is it? I'm confused.

[3|ink]

I have a question about self-defense in VA criminal law. I hope someone can answer it because the topic is very important.

The model answer to one of the essays states that "where the defendant is the initial aggressor, he may assert self-defense if he completely abandons the original attack by retreating to the extent he can safely do so and making known his desire for peace by work or act." But I thought those are the elements for the excusable homicide (page 25 of the handout).

I was under the impression, however, that the defendant who is the initial aggressor can assert self-defense when there is an escalated violence scenario (D pushes the Victim, Victim attacks with a knife, and D shoots the Victim. D has a valid claim for self-defense). I thought the retreat was not necessary.

So which is it? I'm confused.

I think escalated violence is a necessary condition for an initial aggressor to claim self-defense. But it doesn't detract from your duty to retreat when possible. Though I could be wrong.

[IamIn]

I have a question about self-defense in VA criminal law. I hope someone can answer it because the topic is very important.

The model answer to one of the essays states that "where the defendant is the initial aggressor, he may assert self-defense if he completely abandons the original attack by retreating to the extent he can safely do so and making known his desire for peace by work or act." But I thought those are the elements for the excusable homicide (page 25 of the handout).

I was under the impression, however, that the defendant who is the initial aggressor can assert self-defense when there is an escalated violence scenario (D pushes the Victim, Victim attacks with a knife, and D shoots the Victim. D has a valid claim for self-defense). I thought the retreat was not necessary.

So which is it? I'm confused.

I think escalated violence is a necessary condition for an initial aggressor to claim self-defense. But it doesn't detract from your duty to retreat when possible. Though I could be wrong.

Thank you. I'm guessing it would be wise to discuss both. But I still think the model answer was wrong not to bring up escalated violence.

[UVAIce]

The model answer was correct. Virginia has a requirement to retreat when safe to do so if you are the initial aggressor.

Escalated violence is an implicit requirement though- you cannot use deadly force in any situation unless you reasonably believe your life or limb is threatened.

[3|ink]

I've got a confusing Virginia government question. So counties are absolutely immune from tort liability. But why is there a statute that requires six-months' notice to counties and municipalities in negligence cases (from the time the cause of action accrues)? Seems kind of weird to include counties in there when they are immune to begin with.

[BelugaWhale]

I've got a confusing Virginia government question. So counties are absolutely immune from tort liability. But why is there a statute that requires six-months' notice to counties and municipalities in negligence cases (from the time the cause of action accrues)? Seems kind of weird to include counties in there when they are immune to begin with.

According to my outline (Themis), counties are generally immune to tort, not absolutely immune. The book gives the example of a county owned school bus being in an accident and a tort action may be allowed against the county up to whatever the insurance payout is.

[BelugaWhale]

Also, for conflicts of law, given VA uses vested rights approach, how much do we need to know about the other approaches?

[3|ink]

I've got a confusing Virginia government question. So counties are absolutely immune from tort liability. But why is there a statute that requires six-months' notice to counties and municipalities in negligence cases (from the time the cause of action accrues)? Seems kind of weird to include counties in there when they are immune to begin with.

According to my outline (Themis), counties are generally immune to tort, not absolutely immune. The book gives the example of a county owned school bus being in an accident and a tort action may be allowed against the county up to whatever the insurance payout is.

Ah. Thanks

[GULCPerson]

Also, for conflicts of law, given VA uses vested rights approach, how much do we need to know about the other approaches?

The Themis lecture guy kinda hinted that we would need to know enough to explain the difference if the conflict is with a state that we're told follows a different approach. I haven't seen that yet in any essays, but I certainly haven't gotten through them all.

Also, apparently Themis hasn't updated any of their short answer videos/resources since it switched to being fully multiple choice. I know that their general approach to that section is that it's not worth enough points to spend any time specifically preparing, but that's not reassuring.

[3|ink]

Federal jurisdiction is basically going to overlap with federal civil procedure, right? Barbri doesn't offer anything specific for that subject. I hope we don't have to know all of the big abstention doctrines.

I found this a few days ago. It claims to list the hierarchy of Virginia topics by order of prevalence.

Also, sales is basically just contracts, right? Just with some Virginia distinctions?

[IamIn]

Federal jurisdiction is basically going to overlap with federal civil procedure, right? Barbri doesn't offer anything specific for that subject. I hope we don't have to know all of the big abstention doctrines.

I found this a few days ago. It claims to list the hierarchy of Virginia topics by order of prevalence.

Also, sales is basically just contracts, right? Just with some Virginia distinctions?

Thanks for the link! There a lot of interesting articles on that website.
Sales are contracts under the UCC.

[BelugaWhale]

Got 2 quick civ pro questions

1) If D gives a waiver to P for service then D's time to file an answer is extended to 60 days from 21 days, or 90 days if D is outside US. Does a waiver also extend time to file a pre-answer motion (12b motions) as well? Or is stuck at 21 still?

2) Is 21 days for filing answer the rule for D's that are outside US as well? Because it doesn't make sense to me that if you get a waiver suddenly the time to answer is split based on geography (60 days vs 90 days) but with no waiver, there is one time applicable to both situations.