Texas Saloon- Feb. 2016 Texas Bar Forum

[vandyclark]

Does anyone have a Corporations outline they want to share?!? I may have other subjects I can share as well... I'm doing BarBri & somehow missed this lecture & I'm completely freaked out! I thought I'd caught up on everything!!!

How the hell does anyone pass this thing? I don't feel like anything is sticking in my brain...

[left shark]

Secured Transactions question!

So a Buyer in the ordinary course of business (BIOC) takes precedence over everyone if he meets all the requirements. One of the requirements is to take without notice of the security agreement.

But I just did a UCC essay (number 38) and it said that just because a BIOC knows about the existence of a security agreement doesn't mean he will lose his BIOC status! How is that possible?

Not finding a clarification of this issue in the big outlines either.

The buyer has to have actual knowledge that purchasing the specific thing would violate the rights of the party holding the security interest.

It's completely stupid. Unless you see something in the facts like "Bob saw the security agreement that identified the oven he was buying and it said that if he bought it, he would be violating Bank's rights" then chances are there is no actual knowledge.

[BVest]

Secured Transactions question!

So a Buyer in the ordinary course of business (BIOC) takes precedence over everyone if he meets all the requirements. One of the requirements is to take without notice of the security agreement.

But I just did a UCC essay (number 38) and it said that just because a BIOC knows about the existence of a security agreement doesn't mean he will lose his BIOC status! How is that possible?

Not finding a clarification of this issue in the big outlines either.

I could be misremembering, but I don't think being a BIOC requires that you not have knowledge of a security agreement, only that you not have knowledge that your purchase will be violating someone else's rights (i.e. that you would be violating the terms security agreement).

For example, when you go to a car dealer, you probably know the dealer doesn't own all the cars outright; there's either a bank or the car manufacturer that holds security interests in those cars. You may even know with certainty that there's a security interest and who holds it. But let's say that to keep the the car dealer from selling cars at too big a discount and leaving the lender partially unsecured, the dealer had to agree to a condition in the security agreement that all sales prices below MSRP must be agreed to in advance. So you've agreed on a price with the sales guy and he calls the bank to get the price approved. After 10 minutes on hold he's afraid you're going to get cold feet and walk out, so he hangs up and gets your paperwork together, takes your check and gives you the keys. As long as you don't know that dealer is violating the agreement, you're protected as a BIOC.

Here you go:

§ 1-201. DEFINITIONS
(9) "Buyer in ordinary course of business" means a person that buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind...

§ 9-320. BUYER OF GOODS.
(a) [Buyer in ordinary course of business.]

Except as otherwise provided in subsection (e), a buyer in ordinary course of business, other than a person buying farm products from a person engaged in farming operations, takes free of a security interest created by the buyer's seller, even if the security interest is perfected and the buyer knows of its existence.

Edit: scooped

ETA2: In my example, you would not be a BIOC if the salesman told you, "under our agreement with the bank that finances our inventory I can't sell it until I get their approval" and then goes off to make his phone call, and then, upon returning from the call says "well screw it... they didn't answer but I'll let you have it anyway."

[longhornlaw]

Secured Transactions question!

So a Buyer in the ordinary course of business (BIOC) takes precedence over everyone if he meets all the requirements. One of the requirements is to take without notice of the security agreement.

But I just did a UCC essay (number 38) and it said that just because a BIOC knows about the existence of a security agreement doesn't mean he will lose his BIOC status! How is that possible?

Not finding a clarification of this issue in the big outlines either.

Is this an essay from a previous test?

[BVest]

Secured Transactions question!

So a Buyer in the ordinary course of business (BIOC) takes precedence over everyone if he meets all the requirements. One of the requirements is to take without notice of the security agreement.

But I just did a UCC essay (number 38) and it said that just because a BIOC knows about the existence of a security agreement doesn't mean he will lose his BIOC status! How is that possible?

Not finding a clarification of this issue in the big outlines either.

Is this an essay from a previous test?

"Essay 38" sounds like a barbri essay, which would be from a previous (though fairly recent) exam.

[bluesplitter]

I know the P&E is going to be a lil different because some of us will take it on the computer....

Quick question: Is there a break between the civil and crim portions,...or do we just have an hour and a half to go through both?

[left shark]

I know the P&E is going to be a lil different because some of us will take it on the computer....

Quick question: Is there a break between the civil and crim portions,...or do we just have an hour and a half to go through both?

Hour and a half for both.

And don't get up from your seat between the MPT and P&E- a friend of mine wasn't thinking and did it in July- they told him he was done. The attempt counted against him and he had to wait until February to retake.

[jamescastle]

lmao palmer events center is gonna be a joke those three days

can't wait to get there at 7:30 just to get a parking spot by day 3

literally where is there to park if that fills up???

[DueProcessDoWheelies]

I know the P&E is going to be a lil different because some of us will take it on the computer....

Quick question: Is there a break between the civil and crim portions,...or do we just have an hour and a half to go through both?

Hour and a half for both.

And don't get up from your seat between the MPT and P&E- a friend of mine wasn't thinking and did it in July- they told him he was done. The attempt counted against him and he had to wait until February to retake.

Oh man that's harsh. In Houston in July a bunch of people got up thinking it was okay but the announcer guy just gave them a warning and told them to sit down immediately. No one got dismissed.

[left shark]

I know the P&E is going to be a lil different because some of us will take it on the computer....

Quick question: Is there a break between the civil and crim portions,...or do we just have an hour and a half to go through both?

Hour and a half for both.

And don't get up from your seat between the MPT and P&E- a friend of mine wasn't thinking and did it in July- they told him he was done. The attempt counted against him and he had to wait until February to retake.

Oh man that's harsh. In Houston in July a bunch of people got up thinking it was okay but the announcer guy just gave them a warning and told them to sit down immediately. No one got dismissed.

Ok, then I think my friend should kick someone's ass, because we were in Houston too. They also got super flexible with the deadline to upload exams. But they made sure to inspect my tissues.

I dream of taking over the board of law examiners and tearing it down from the inside.

[jamescastle]

I know the P&E is going to be a lil different because some of us will take it on the computer....

Quick question: Is there a break between the civil and crim portions,...or do we just have an hour and a half to go through both?

Hour and a half for both.

And don't get up from your seat between the MPT and P&E- a friend of mine wasn't thinking and did it in July- they told him he was done. The attempt counted against him and he had to wait until February to retake.

Oh man that's harsh. In Houston in July a bunch of people got up thinking it was okay but the announcer guy just gave them a warning and told them to sit down immediately. No one got dismissed.

Ok, then I think my friend should kick someone's ass, because we were in Houston too. They also got super flexible with the deadline to upload exams. But they made sure to inspect my tissues.

I dream of taking over the board of law examiners and tearing it down from the inside.

Would your first order of business to be push the pass/fail notification date up a month? Because that would be mine.

[DueProcessDoWheelies]

I know the P&E is going to be a lil different because some of us will take it on the computer....

Quick question: Is there a break between the civil and crim portions,...or do we just have an hour and a half to go through both?

Hour and a half for both.

And don't get up from your seat between the MPT and P&E- a friend of mine wasn't thinking and did it in July- they told him he was done. The attempt counted against him and he had to wait until February to retake.

Oh man that's harsh. In Houston in July a bunch of people got up thinking it was okay but the announcer guy just gave them a warning and told them to sit down immediately. No one got dismissed.

Ok, then I think my friend should kick someone's ass, because we were in Houston too. They also got super flexible with the deadline to upload exams. But they made sure to inspect my tissues.

I dream of taking over the board of law examiners and tearing it down from the inside.

Ok then I stand corrected about no one getting kicked out. I didn't notice it. Remember that part where they guy told everyone to sit back down? Major dick move against your friend

[DueProcessDoWheelies]

So I'm going through the P&E questions hard right now. I've kinda put this part off throughout prep. There are lots of tough questions. A few common questions pop up throughout all the P&E tests.

I'm starting to realize that when you come upon a question that you just don't know the answer to, think of the most logical answer. Like ask yourself "what would make the most sense from a justice standpoint?" I''ve done that a few times and my answer was pretty close to the right one. I imagine that's how you rack up as many points as possible. If you don't know the right term they are asking for, then describe it.

[bluesplitter]

So we just need a valid ID, not a lil photo like for the MPRE, correct. ?

[BVest]

So we just need a valid ID, not a lil photo like for the MPRE, correct. ?

Correct. You provided a photo when you applied.

[Cshark440]

What if I look like Tom Hanks from castaway when I walk in? Booted?

#WILSONIMSORRY

[vandyclark]

So we just need a valid ID, not a lil photo like for the MPRE, correct. ?

The admission ticket does state valid government issued photo ID- if that helps!

[longhornlaw]

Consumer rights always feels like a dang race horse exam. Dump everything you know in thirty minutes, good luck.

[caveman2]

Secured Transactions Notes https://drive.google.com/file/d/0B5_XVm ... sp=sharing

[caveman2]

Corporations Outline https://drive.google.com/file/d/0B5_XVm ... sp=sharing

[left shark]

I know the P&E is going to be a lil different because some of us will take it on the computer....

Quick question: Is there a break between the civil and crim portions,...or do we just have an hour and a half to go through both?

Hour and a half for both.

And don't get up from your seat between the MPT and P&E- a friend of mine wasn't thinking and did it in July- they told him he was done. The attempt counted against him and he had to wait until February to retake.

Oh man that's harsh. In Houston in July a bunch of people got up thinking it was okay but the announcer guy just gave them a warning and told them to sit down immediately. No one got dismissed.

Ok, then I think my friend should kick someone's ass, because we were in Houston too. They also got super flexible with the deadline to upload exams. But they made sure to inspect my tissues.

I dream of taking over the board of law examiners and tearing it down from the inside.

Would your first order of business to be push the pass/fail notification date up a month? Because that would be mine.

Yes, definitely. I would also drop the MPT because fuck that.



This time next week it will be all over, guys. We'll either be drunk or sleeping or something. But not studying.

I will spend the next two-ish months in blissful ignorance. Guitar lessons. Cooking actual dinner. Reading all the books. Watching all the tv. LEAVING THE OFFICE AT 530. It will be amazing.

[left shark]

I know the P&E is going to be a lil different because some of us will take it on the computer....

Quick question: Is there a break between the civil and crim portions,...or do we just have an hour and a half to go through both?

Hour and a half for both.

And don't get up from your seat between the MPT and P&E- a friend of mine wasn't thinking and did it in July- they told him he was done. The attempt counted against him and he had to wait until February to retake.

Oh man that's harsh. In Houston in July a bunch of people got up thinking it was okay but the announcer guy just gave them a warning and told them to sit down immediately. No one got dismissed.

Ok, then I think my friend should kick someone's ass, because we were in Houston too. They also got super flexible with the deadline to upload exams. But they made sure to inspect my tissues.

I dream of taking over the board of law examiners and tearing it down from the inside.

Ok then I stand corrected about no one getting kicked out. I didn't notice it. Remember that part where they guy told everyone to sit back down? Major dick move against your friend

Serious dick move. They didn't really seem to know wtf they were doing- I'm glad they set up three clocks on day 2, and that they seemed to get the parking figured out, but the announcements were difficult to hear on the handwriting side of the hall all three days. But I'd still rather make the trek to NRG than drive to Austin. I love Austin, I miss it, but seriously.

[longhornlaw]

I know the P&E is going to be a lil different because some of us will take it on the computer....

Quick question: Is there a break between the civil and crim portions,...or do we just have an hour and a half to go through both?

Hour and a half for both.

And don't get up from your seat between the MPT and P&E- a friend of mine wasn't thinking and did it in July- they told him he was done. The attempt counted against him and he had to wait until February to retake.

Oh man that's harsh. In Houston in July a bunch of people got up thinking it was okay but the announcer guy just gave them a warning and told them to sit down immediately. No one got dismissed.

Ok, then I think my friend should kick someone's ass, because we were in Houston too. They also got super flexible with the deadline to upload exams. But they made sure to inspect my tissues.

I dream of taking over the board of law examiners and tearing it down from the inside.

Ok then I stand corrected about no one getting kicked out. I didn't notice it. Remember that part where they guy told everyone to sit back down? Major dick move against your friend

Serious dick move. They didn't really seem to know wtf they were doing- I'm glad they set up three clocks on day 2, and that they seemed to get the parking figured out, but the announcements were difficult to hear on the handwriting side of the hall all three days. But I'd still rather make the trek to NRG than drive to Austin. I love Austin, I miss it, but seriously.

They had it at NRG last year? I thought they did it at GRB.

[longhornlaw]

Anything crazy go on while y'all were taking the exam?

My year the toilets in the front of the hall didn't stop flushing the whole time, and somebody started screaming halfway through the last day.

The year before that there was an earthquake while the exam was going on. Supposedly another year a door blew open and people's papers went everywhere, so 2 dudes start fighting each other trying to figure out whose paper was whose.

[left shark]

They had it at NRG last year? I thought they did it at GRB.

NRG, waaaaaaay on the other side of the planet from Webster. Thank goodness for Airbnb.