. Forum

[Citizen Genet]

Texas bar takers:

Anyone know a character or word limit for essay portion?

[Kretzy]

Hey all -

I generally get Con Law, but had a question about First Amendment stuff. Are all time-place-manner restrictions in public forums governed by the Ward v. Rock Against Racism test (content-neutral, narrow tailoring, ample alternative avenues for communication)? I thought they were, but the past few essay answers I've seen on the subject sort of ignored this test and just talked about strict scrutiny.

Any help is appreciated!

[Charles Barkley]

Were the restrictions in the public forum content specific, rather than content neutral? If they were content specific, then SS would apply.

That's all I can think of.

[chally012002]

I appreciate the offer guys, but I'm in MD and Themis already provided the condensed outlines for MBE. Thanks again.

I taking MD too. I just finished condensing the Maryland stuff yesterday to one pagers...a pain (I used a combination of a friend's one page outlines and Themis materials). I am still finding nuanced stuff on Model answers for the essays I had not completed and writing it in. I'm just gonna have to roll with that - the online outlines and book outlines are too long - insanely...

Let me know if you want any

[Talar]

I appreciate the offer guys, but I'm in MD and Themis already provided the condensed outlines for MBE. Thanks again.

I taking MD too. I just finished condensing the Maryland stuff yesterday to one pagers...a pain (I used a combination of a friend's one page outlines and Themis materials). I am still finding nuanced stuff on Model answers for the essays I had not completed and writing it in. I'm just gonna have to roll with that - the online outlines and book outlines are too long - insanely...

Let me know if you want any

Dude that would be amazing! Should I PM or e-mail you?

[Talar]

Hey all -

I generally get Con Law, but had a question about First Amendment stuff. Are all time-place-manner restrictions in public forums governed by the Ward v. Rock Against Racism test (content-neutral, narrow tailoring, ample alternative avenues for communication)? I thought they were, but the past few essay answers I've seen on the subject sort of ignored this test and just talked about strict scrutiny.

Any help is appreciated!

Post the problems? That test you described above only applies if the communications are content-neutral. If they are content-based, then strict scrutiny applies.

[Kretzy]

Hey all -

I generally get Con Law, but had a question about First Amendment stuff. Are all time-place-manner restrictions in public forums governed by the Ward v. Rock Against Racism test (content-neutral, narrow tailoring, ample alternative avenues for communication)? I thought they were, but the past few essay answers I've seen on the subject sort of ignored this test and just talked about strict scrutiny.

Any help is appreciated!

Post the problems? That test you described above only applies if the communications are content-neutral. If they are content-based, then strict scrutiny applies.

Yeah, on second look they're content-based, and for some reason in the notes I've been memorizing I left that out of the description on Ward. Thanks for the clarification!

[chally012002]

I appreciate the offer guys, but I'm in MD and Themis already provided the condensed outlines for MBE. Thanks again.

I taking MD too. I just finished condensing the Maryland stuff yesterday to one pagers...a pain (I used a combination of a friend's one page outlines and Themis materials). I am still finding nuanced stuff on Model answers for the essays I had not completed and writing it in. I'm just gonna have to roll with that - the online outlines and book outlines are too long - insanely...

Let me know if you want any

Dude that would be amazing! Should I PM or e-mail you?

Yup. Check ur PM

[lionelhutz123]

Any Themis Bros looking to share NY outlines for non-MBE subjects?

[Dr. Review]

I am shutting it down for the day.

[Bikeflip]

God. I just want the madness to be over with. At this point, I feel I can at least bullshit my way into passing.

[BarbellDreams]

I think I am just acepting the fact that I will be getting the mortgage questions wrong on the MBE. I simply don't understand problems where a property is split into 4 lots and there are 2 mortgages on property before being split and like 4 more mortgages on each lot by itself. Then the properties all get sols to good faith purchasers for value without notice of any mortgages. yeah, I have no idea how to even begin explaining how this scenario pans out. I'm just putting C on the exam.

[releasethehounds]

Pretty much just tagging all the outline/review stuff as done at this point. I still sort of follow my daily task schedule and getting rid of all the boxes makes it just feel less overwhelming. I know what I still need to study, and I'll study that. So fuck it.

[erniesto]

ATTN: NY BAR TAKERS

If this has not been covered here, Themis has not provided you with NY's distinction for adverse possession (I may have missed this in the lectures). In New York an adverse possessor has to have a claim of right (minority good faith rule) and have structural encroachments. See N.Y. Real Property Acts Law s. 501,543.

This was only brought to my attention with a Pieper outline I have. Please keep in mind that Adverse Possession has been the most tested property area in the past 30 administrations and is due to be tested again soon.

Pretty disappointed in Themis on this one as it could have rendered an analysis mostly wrong.

[thebull]

ATTN: NY BAR TAKERS

If this has not been covered here, Themis has not provided you with NY's distinction for adverse possession (I may have missed this in the lectures). In New York an adverse possessor has to have a claim of right (minority good faith rule) and have structural encroachments. See N.Y. Real Property Acts Law s. 501,543.

This was only brought to my attention with a Pieper outline I have. Please keep in mind that Adverse Possession has been the most tested property area in the past 30 administrations and is due to be tested again soon.

Pretty disappointed in Themis on this one as it could have rendered an analysis mostly wrong.

Thanks! Are you aware of any NY Bar essay predictions for this year?

[lionelhutz123]

ATTN: NY BAR TAKERS

If this has not been covered here, Themis has not provided you with NY's distinction for adverse possession (I may have missed this in the lectures). In New York an adverse possessor has to have a claim of right (minority good faith rule) and have structural encroachments. See N.Y. Real Property Acts Law s. 501,543.

This was only brought to my attention with a Pieper outline I have. Please keep in mind that Adverse Possession has been the most tested property area in the past 30 administrations and is due to be tested again soon.

Pretty disappointed in Themis on this one as it could have rendered an analysis mostly wrong.

Thanks! Are you aware of any NY Bar essay predictions for this year?

TBF, they actually do point out the need for good faith, which is the far more important issue there than the structural improvements.

"New York Point of Law: Adverse Possession

In New York, the period for adverse possession is 10 years. New York also requires that the adverse possessor have a reasonable belief that she has right to the land. N.Y. Real Prop. Acts. § 501."

[Talar]

Any con law/torts gurus understand the governmental immunity rule for local governments and municipalities? Our con law outline says that states still enjoy sovereign immunity but that municipalities and local governments don't. On the other hand, our torts outline says that local governments can only be sued in tort for proprietary functions and not traditional government ones, thereby suggesting that local governments still enjoy some sort of immunity? Awfully confused.

[Citizen Genet]

Any con law/torts gurus understand the governmental immunity rule for local governments and municipalities? Our con law outline says that states still enjoy sovereign immunity but that municipalities and local governments don't. On the other hand, our torts outline says that local governments can only be sued in tort for proprietary functions and not traditional government ones, thereby suggesting that local governments still enjoy some sort of immunity? Awfully confused.

Yeah, it's really under-nuanced in the outline (like everything is and should be for the bar.)

States often designate to municipalities the ability to perform functions stemming from the state's authority. For example, almost all police officers are given authority by the state to protect a specific municipality, city, or township. What that small section of the tort outline is saying is that when municipalities institute police departments and other traditional governmental functions pursuant to state authorization, the municipality and its officers benefit from that immunity. But when a municipality takes on a non-governmental role (like opening up a fair or running a utilities system) it cannot benefit from the immunity - it's acting more like a corporation and less like an arm of the state.

But seriously, if they ask a question about that on the MBE, I'm walking out. Because that's a super, over-nuanced FedCourts exam question, not an MBE question.

EDIT: And note that the immunity I refer to is specifically for state tort immunity, not for immunity from federal statutory claims. What the tort outline is saying is that municipality immunity from common law tort claims is governed by whether the state has extended its sovereign immunity to the municipality. The ConLaw guide is saying that for federal statutory claims, a municipality does not have any immunity that it can claim (and a state can't extend its sovereignty to the municipality for purposes of the federal claim.)

Geh. Such an unwieldy topic. Again, if Q#1 is about this on Wednesday and you see someone flip over a table and walk out of a Texas testing center, give a shout out to me as I leave.

[maximator]

Any con law/torts gurus understand the governmental immunity rule for local governments and municipalities? Our con law outline says that states still enjoy sovereign immunity but that municipalities and local governments don't. On the other hand, our torts outline says that local governments can only be sued in tort for proprietary functions and not traditional government ones, thereby suggesting that local governments still enjoy some sort of immunity? Awfully confused.

It's different sources of law. The con law outline is talking about what the 11th amendment protects and the stuff in the torts outline is common law.

[locusdelicti]

I'm anxious about essays. I keep mixing up groups of things in my mind.

Like I mix up the defenses to formation of contracts with the defenses to enforcement. I mix up mutual mistake with misunderstanding. I mix up present covenants in a general warranty deed with future covenants.

Guess it's time to flash myself. Wuh oh! With flash cards, people.

[Charles Barkley]

I found contracts to be very helpful when learning contracts, and I had never used flashcards before in my life.

[forza]

God damn it, New York multiple choice set 5 was fucking hard. I feel like I didn't learn over 90% of that shit. 25/50, straight up guessing on a lot of them.

[erniesto]

Thanks! Are you aware of any NY Bar essay predictions for this year?

FWIW:

http://www.smartbarprep.com/SmartBarPre ... alysis.pdf

[bahamallamamama]

Sorry this is late in the game. Essay help for CA bros: http://db.tt/xlDY6reR

The link is for The Bar Code cheat sheets. At least, I hope the link works.

Is this legit? Will it be helpful if I spend Saturday and Sunday reading it?

[bahamallamamama]

I'll ask it here, too:

--LinkRemoved-- ... IB2013.pdf

Is this the level of difficulty we'll see next week? Not sure how to feel about my 15/18.