NY Bar Feb Exam: Support Group Forum

[iwantmybar]

Damages was indeed a standalone question that I forgot in my previous post. I answered that question talking about cover damages (60.000 minus 40.000 ) so 20.000 or sth like that.

[Barslammer]

Wow. It's amazing what people remember and what they don't. This essay had 3 parts:

1; Valid for indefiniteness under UCC?

2(a) and 2(b); cover damages iniatied by Win; interested director defense attacking enforceability raised by Ash.

3. Liability of partners in P.C for emoloyee's professional negligence when P.C is broke.

1) No need to be a dick... You have this matter-of-fact-ness in every post you make, I can only imagine how unbearable that is in person.
2) Why would they have a question mixing damages and a contract defense, only to have a stand-alone question with another contract defense? I'm pretty sure the damages was a standalone question, but hey, if you tell me differently, it must be true.

No need to answer that. Why are you talking about the mirror image rule?

[NY_Sea]

Wow. It's amazing what people remember and what they don't. This essay had 3 parts:

1; Valid for indefiniteness under UCC?

2(a) and 2(b); cover damages iniatied by Win; interested director defense attacking enforceability raised by Ash.

3. Liability of partners in P.C for emoloyee's professional negligence when P.C is broke.

1) No need to be a dick... You have this matter-of-fact-ness in every post you make, I can only imagine how unbearable that is in person.
2) Why would they have a question mixing damages and a contract defense, only to have a stand-alone question with another contract defense? I'm pretty sure the damages was a standalone question, but hey, if you tell me differently, it must be true.

No need to answer that. Why are you talking about the mirror image rule?

What are you talking about?

[Barslammer]

Stop being insecure. Why would they ask a damages question with a contract defense...? Because they did. Win sued for breach of K seeking cover because Ash repudiated the contract in the middle of the term. In defense, ash said well "even if we did that, no law suit cause contract wasn't enforcable because of the interested director."

[NY_Sea]

Stop being insecure. Why would they ask a damages question with a contract defense...? Because they did. Win sued for breach of K seeking cover because Ash repudiated the contract in the middle of the term. In defense, ash said well "even if we did that, no law suit cause contract wasn't enforcable because of the interested director."

Not insecure... Just legitimately had no idea what you were talking about. You may be right, but I really think that's not how it went.

But seriously, now I'm done with this thread... Doesn't help to put it out of your mind. Good luck to you Bar and everyone in this thread. Hopefully we all can put this test to bed!

[nyfailedjuly2015]

Edit: Wrong info.

[Barslammer]

Ultra Vires involves real property or personal property. This involved sale of goods under UCC.

[NM7]

Bar grader #1: "Well, it's time to start grading, guess I better get to it.."
Bar grader #2 (interrupting): "woah woah woah, aren't you forgetting something?"
Bar grader #1: "Oh riiiight, the TLS forum! I mean, how ELSE are we going to grade these? We need the examinees input and speculations to help us!"

**Bar grader #2 high fives grader #1**

Sorry, guys - couldn't help it I'm nervous just like everyone else, but we need to step back and realize there's no need to argue at this point. Just do what I do: set a countdown timer on your phone for April 27th and wait like a maniac. Lol. Cheers!

[nyfailedjuly2015]

Ultra Vires involves real property or personal property. This involved sale of goods under UCC.

I've been looking at my notes and I'm just not sure about that. My bar prep material says it applies to "acts." Can you explain why the statute doesn't apply?

http://codes.findlaw.com/ny/business-co ... t-203.html

The statute is saying that ultra vires won't work as a defense. In other words, "just because this act was ultra vires, doesn't mean that the act was invalid."

How does the UCC override the statute?

My notes say:
1) Ultra vires contracts are valid; 2) Shareholders can seek an injunction; 3) Responsible managers are liable to the corporation for ultra vires losses.

[iwantmybar]

So. the wait is so long.....


I still feel more confident than last july....

Im really scared to get a score like 662 or sth..

[NY_Sea]

So. the wait is so long.....


I still feel more confident than last july....

Im really scared to get a score like 662 or sth..

You'll be ok... I have a feeling. Take this next month as a time to enjoy not having to deal with it and kind of get it out of your head. There will be plenty of time to freak out in a month.

[gtg]

I almost had a heart attack when I got the email from the Second Dept. with the application info lol

[NM7]

So. the wait is so long.....


I still feel more confident than last july....

Im really scared to get a score like 662 or sth..

You'll be ok... I have a feeling. Take this next month as a time to enjoy not having to deal with it and kind of get it out of your head. There will be plenty of time to freak out in a month.

Oh god, I had that 662 score last July and it kills me whenever I remember it. Like you, I feel better about it this time, but I hope we never have to go through this again.

[Barslammer]

So the application deadlines for the July 2016 UBE and NYLE were released today on the bole website. The application deadline to apply for UBE is April 30, while the application to apply for the NYLE is April 26. Therefore, I would assume BOLE would have to give at least one week buffer time from releasing FEB 2016 results before UBE registration deadline. So...results coming at the latetst April 18-19.

[NY_Sea]

So the application deadlines for the July 2016 UBE and NYLE were released today on the bole website. The application deadline to apply for UBE is April 30, while the application to apply for the NYLE is April 26. Therefore, I would assume BOLE would have to give at least one week buffer time from releasing FEB 2016 results before UBE registration deadline. So...results coming at the latetst April 18-19.

Pretty sure there's a separate deadline for re-applicants... We got results in late October for July and the deadline for re-applicants was late November.

Pretty sure last year was the earliest that Feb. results were ever released, and that was in late April.

[Barslammer]

We received fail notice Oct 27. The application for Feb opened nov 1 and closed nov 30.

[nyfailedjuly2015]

If the deadline for the next administration is April 30, then it's possible that the results are imminent. Maybe they finally got their shit together and did it in two months. Having a separate deadline for repeaters is a hassle and they didn't have that last time. Doubt they'd start now.

[NY_Sea]

How is everyone holding up? This wait is the WORST.

[iwantmybar]

How is everyone holding up? This wait is the WORST.

I just think about it every single day.

I already booked my holidays with my GF this summer so i'm like, well, If I pass, fine this will be the best day of my life but If I fail....this is going to be such a huge mess.

Plus, my friends and family don't realise the huge pressure on my shoulders because they are all asking about the Bar "hey when are the results out??" "i'm sure you 'll make it htis time " etc. Everyone is nice but you can't help to think that if you fail, they'll be all disappointed.

But hey, I really home all the people from this thread will pass. I did my best on the exams days anyway.

good luck friend !

[NY_Sea]

How is everyone holding up? This wait is the WORST.

I just think about it every single day.

I already booked my holidays with my GF this summer so i'm like, well, If I pass, fine this will be the best day of my life but If I fail....this is going to be such a huge mess.

Plus, my friends and family don't realise the huge pressure on my shoulders because they are all asking about the Bar "hey when are the results out??" "i'm sure you 'll make it htis time " etc. Everyone is nice but you can't help to think that if you fail, they'll be all disappointed.

But hey, I really home all the people from this thread will pass. I did my best on the exams days anyway.

good luck friend !

I'm sure you're going to hear nothing but good news in a few weeks... I'm hoping both of us, as well as everyone in this thread gets the news they're looking for.

Good luck to you... I know the work you put in and I'm sure it will pay off!

[Jackkk]

Hi. This stress kills me after failing by 4 points(661). But this time I feel ok and I wanted to share the issues I put with you. Sharing will make me feel comfortable

First essay:
Equitable Distribution of House - Active Appreciation
Equitable Distribution of Pension
Enforcement of Restrictive Covenant
Month to Month Lease upon expiration of the lease term and landlord's duty to repair in NY- tenant's duty to notify within reasonable time etc.. if no fix tenant's right to surrender the lease

Second Essay:
Arson 3th Degree
Affirmative Defense to crime of conspiracy - plus Overt Act requirement
Arson ,Conspiracy requirements
Withdraw as an affirmative defense
and Accomplice liability - testimony without corroboration principal cannot be held liable etc...


Third Essay:
Interested Director Transaction
Quantity/ Requirement Contract Article 2 - valid contract
Breach by seller and buyer's remedies
Professional Corporation / Shareholder( other partner - engineer's) liability for professional malpractice

Forth Essay:
Conflict of Law - NY test for torts cases -Neuimer test/ 3 part test etc..
CPLR 16- exceptions but none of these exceptions applicable here and NY pure comparative test
Venue -Motion to change venue- Forum non-convenience - Convenience for parties, witnesses etc...
the last issue was about Notice to Admit but to be honest I did not see this type of motion nowhere in my notes

Fifth Essay
Trust- Irrevocable- vs. Exception if all parties consent in writing (Amendable)
Pour Over -Corporation by reference
Adopted child has no right for biological parent's estate etc..
the last issue as far as I remember was about Spendthrift protection

The issues I could remember

[z0rk]

Hi. This stress kills me after failing by 4 points(661). But this time I feel ok and I wanted to share the issues I put with you. Sharing will make me feel comfortable

First essay:
Equitable Distribution of House - Active Appreciation
Equitable Distribution of Pension
Enforcement of Restrictive Covenant
Month to Month Lease upon expiration of the lease term and landlord's duty to repair in NY- tenant's duty to notify within reasonable time etc.. if no fix tenant's right to surrender the lease

Second Essay:
Arson 3th Degree
Affirmative Defense to crime of conspiracy - plus Overt Act requirement
Arson ,Conspiracy requirements
Withdraw as an affirmative defense
and Accomplice liability - testimony without corroboration principal cannot be held liable etc...


Third Essay:
Interested Director Transaction
Quantity/ Requirement Contract Article 2 - valid contract
Breach by seller and buyer's remedies
Professional Corporation / Shareholder( other partner - engineer's) liability for professional malpractice

Forth Essay:
Conflict of Law - NY test for torts cases -Neuimer test/ 3 part test etc..
CPLR 16- exceptions but none of these exceptions applicable here and NY pure comparative test
Venue -Motion to change venue- Forum non-convenience - Convenience for parties, witnesses etc...
the last issue was about Notice to Admit but to be honest I did not see this type of motion nowhere in my notes

Fifth Essay
Trust- Irrevocable- vs. Exception if all parties consent in writing (Amendable)
Pour Over -Corporation by reference
Adopted child has no right for biological parent's estate etc..
the last issue as far as I remember was about Spendthrift protection

The issues I could remember

All very good, just one minor inconsistency I have seen on here: the Arson was 1st degree not 3rd degree. When using an incendiary device, which IIRC the defendant used an explosive in the essay prompt, its 1st degree.

[Jackkk]

You are right. I totally forgot the explosive thing. But I hope I will get 50 average from the essays. My MBE was 140 in July and I think it wont be worse than 140. I don't have any clue on NYMC but I was feeling the same when I left july exam and I got 720 something which is like 36-7 correct answer(according to seperac calculation). This is why I don't think NYMC plays key role as long as MBE and essays are good. Anyway I hope we will pass this time.

[iwantmybar]

Lol Jackkk, how come do you remember the questions, that is quite impressive.

However, I answered in the same way as you did so it's cool.

But the true fight is all about the MBE...

[Jackkk]

I have been dreaming of that since i left the exam site. I feel very anxious like will fail again but i put alot after i failed by 4 points( MPT was 28). i am like paralyzed. I do nothing neither studying nor focusing on something , just waiting for the result and i really dont know how i will open the attachment. Anyway writing here makes me feel comfortable.