BarBri Bar Review Hangout - July 2015 Exam Forum

[kyle010723]

The confusing thing is what does "complete diversity" mean for rule interpleader? Who exactly has to be diverse from whom? Shonholtz said you need complete diversity between the stakeholder and the claimants, but I'm not entirely sure what that means.

For a statutory interpleader, the diversity requirement is satisfied so long as two or more claimants are from a different state, it is irrelevant where the stakeholder is from. I.e. P (from A) v. D1 (from A) + D2 (from B) is OK for minimum diversity. Whereas obviously this would not be ok under the regular diversity rule.

So three situation:

P (from A) v. D1 (from B) + D2 (from C) = OK for Rule, OK for Statute

P (from A) v. D1 (from A) + D2 (from B) = NOT OK for Rule, OK for Statute

P (from A) v. D1 (from B) + D2 (from B) = OK for Rule, NOT OK for Statute

Remember, amount of controversy must still be satisfied. i.e. $500 for statute and $75,000 for rule. Furthermore, a rule interpleader can arise under federal question jurisdiction, whereas statutory interpleader is a modified diversity jurisdiction.

[xlawschoolhopefulx]

What's the difference between Federal Interpleader and Statutory Interpleader? Barbri over here skipped over that....

Or is it "Rule Interpleader" Or some Rule 22 nonsense?

help pls

Rule Interpleader requires independent SMJ on top of common fund + rival claimants

Statutory Interpleader merely requires $500 + minimum diversity (think super relaxed diversity jurisdiction)

The confusing thing is what does "complete diversity" mean for rule interpleader? Who exactly has to be diverse from whom? Shonholtz said you need complete diversity between the stakeholder and the claimants, but I'm not entirely sure what that means.

The complete diversity requirements makes sense (like, common sense) if you think about what interpleader is. Interpleader is a way to force claimants to duke an issue out amongst themselves. So, let's say two people are fighting over insurance proceeds. The insurance company might interplead them and make them figure out who gets the money so they know who it should validly go to. Complete diversity between the stakeholder and claimants, then, would require diversity among the insurance company and the two people fighting over the proceeds, plus the amount they are fighting over would have to meet the AIC requirement (>$75k).

[rickgrimes69]

What's the difference between Federal Interpleader and Statutory Interpleader? Barbri over here skipped over that....

Or is it "Rule Interpleader" Or some Rule 22 nonsense?

help pls

Rule Interpleader requires independent SMJ on top of common fund + rival claimants

Statutory Interpleader merely requires $500 + minimum diversity (think super relaxed diversity jurisdiction)

The confusing thing is what does "complete diversity" mean for rule interpleader? Who exactly has to be diverse from whom? Shonholtz said you need complete diversity between the stakeholder and the claimants, but I'm not entirely sure what that means.

IIRC under Rule 22 Interpleader you still need complete diversity

Statutory Interpeader diversity just requires any claimant to be diverse from any defendant

Someone please correct me if I'm wrong

[musicfor18]

What's the difference between Federal Interpleader and Statutory Interpleader? Barbri over here skipped over that....

Or is it "Rule Interpleader" Or some Rule 22 nonsense?

help pls

Rule Interpleader requires independent SMJ on top of common fund + rival claimants

Statutory Interpleader merely requires $500 + minimum diversity (think super relaxed diversity jurisdiction)

The confusing thing is what does "complete diversity" mean for rule interpleader? Who exactly has to be diverse from whom? Shonholtz said you need complete diversity between the stakeholder and the claimants, but I'm not entirely sure what that means.

The complete diversity requirements makes sense (like, common sense) if you think about what interpleader is. Interpleader is a way to force claimants to duke an issue out amongst themselves. So, let's say two people are fighting over insurance proceeds. The insurance company might interplead them and make them figure out who gets the money so they know who it should validly go to. Complete diversity between the stakeholder and claimants, then, would require diversity among the insurance company and the two people fighting over the proceeds, plus the amount they are fighting over would have to meet the AIC requirement (>$75k).

So, assuming there are two claimants and one stakeholder, then all three have to be citizens of different states? If there were 50 different claimants, you could never rely on rule interpleader because it would be impossible for the stakeholder and every claimant to be from different states (assuming no alienage)?

[musicfor18]

What's the difference between Federal Interpleader and Statutory Interpleader? Barbri over here skipped over that....

Or is it "Rule Interpleader" Or some Rule 22 nonsense?

help pls

Rule Interpleader requires independent SMJ on top of common fund + rival claimants

Statutory Interpleader merely requires $500 + minimum diversity (think super relaxed diversity jurisdiction)

The confusing thing is what does "complete diversity" mean for rule interpleader? Who exactly has to be diverse from whom? Shonholtz said you need complete diversity between the stakeholder and the claimants, but I'm not entirely sure what that means.

IIRC under Rule 22 Interpleader you still need complete diversity

Statutory Interpeader diversity just requires any claimant to be diverse from any defendant

Someone please correct me if I'm wrong

Yes, except the amount-in-controversy requirement is also much lower for statutory interpleader. Essentially, statutory interpleader is a separate basis of SMJ. It takes the place of the normal diversity jurisdiction statute. I'm just trying to figure out exactly what "complete diversity" means under rule interpleader. Is no one considered to be "on the same side of the v"? So, every single person (including the stakeholder bringing the interpleader action) has to be from a different state or country?

[Good Guy Gaud]

If police have a valid arrest warrant, can They enter that person's residence only to arrest that person ?

[kykiske]

If police have a valid arrest warrant, can I enter that person's residence only to arrest that person ?

If the police have a valid arrest warrant, they can enter the person's home, search the person, and search the person's property. I'm fairly certain that's the rule. Can someone else verify?

[musicfor18]

If police have a valid arrest warrant, can I enter that person's residence only to arrest that person ?

If the police have a valid arrest warrant, they can enter the person's home, search the person, and search the person's property. I'm fairly certain that's the rule. Can someone else verify?

Pretty sure they can only enter the person's home if they reasonably believe the person is in the home when they're executing the warrant.

[Tiago Splitter]

If police have a valid arrest warrant, can I enter that person's residence only to arrest that person ?

If the police have a valid arrest warrant, they can enter the person's home, search the person, and search the person's property. I'm fairly certain that's the rule. Can someone else verify?

I'm thinking they'd need a search warrant to do any real searching. They can go in to arrest the guy and anything they just happen to see would fall under the plain view exception, but the guy has an expectation of privacy in his own home and needs to consent to the search or they have to have a search warrant.

[Good Guy Gaud]

Thanks guys

[Danger Zone]

Low sixty percent on questions puts you above average in most instances (even above average for all Barbri takers). Keep the perspective about what score you actually need to obtain. Often it is much lower standard than what you are currently holding yourself to.

Essays are freaking me out, guys (NY). I'm catching up on a bunch of overdue ones, and there are so many rules I've never seen before!

I love this

[jwe-houston]

If police have a valid arrest warrant, can I enter that person's residence only to arrest that person ?

If the police have a valid arrest warrant, they can enter the person's home, search the person, and search the person's property. I'm fairly certain that's the rule. Can someone else verify?

I'm thinking they'd need a search warrant to do any real searching. They can go in to arrest the guy and anything they just happen to see would fall under the plain view exception, but the guy has an expectation of privacy in his own home and needs to consent to the search or they have to have a search warrant.

Can search for the person, the room in which they find D (wingspan), and protective sweep of the entire place for safety of officers. May not do general search for objects. May only search in placed D could be found (Yes-closet, No-jewelry box). Can do SITLA.

[Lawlawpalooza]

If police have a valid arrest warrant, can I enter that person's residence only to arrest that person ?

If the police have a valid arrest warrant, they can enter the person's home, search the person, and search the person's property. I'm fairly certain that's the rule. Can someone else verify?

I'm thinking they'd need a search warrant to do any real searching. They can go in to arrest the guy and anything they just happen to see would fall under the plain view exception, but the guy has an expectation of privacy in his own home and needs to consent to the search or they have to have a search warrant.

Can search for the person, the room in which they find D (wingspan), and protective sweep of the entire place for safety of officers. May not do general search for objects. May only search in placed D could be found (Yes-closet, No-jewelry box). Can do SITLA.

^ This is right. Also, the plain view exception will apply to things officers see while in the home (but the officer can't have moved anything he didn't have a right to move under the arrest warrant for the exception to apply, i.e. extends only to lawful viewpoint).

And when a search warrant is issued with the arrest naming evidence believed to be present in the home, the search is still limited to where that evidence could be.

[jwe-houston]

Taking TX Bar. MBE 40%/Essay 40%/MPT 10% and P-E/10% (5 line short answer).

Did a solid sim - 135, but refresher was a bit off at 62. Not entirely worried, just doing a maintenance set every couple of days now.

Essays are OK, but Fam/Wills killing me on substance. Consumer I'm all over, but is always a time crunch to get the full monty out. Mostly self-score between 17-22/25 on good topics. 11-15/25 on the weak ones (depending on what topic asked).

P-E getting 12-15/20 each, w/ Civ the stronger one. I'm doing OK, but could do a few more.

MPT....honestly haven't done any but 2. Timing was a bit of a problem (feeling squeezed), but read anther thread about typing out the rules as read and pulling facts to match w/o "outlining" the answer first. Plan on doing 2 more before Sunday.

[rickgrimes69]

What's the difference between Federal Interpleader and Statutory Interpleader? Barbri over here skipped over that....

Or is it "Rule Interpleader" Or some Rule 22 nonsense?

help pls

Rule Interpleader requires independent SMJ on top of common fund + rival claimants

Statutory Interpleader merely requires $500 + minimum diversity (think super relaxed diversity jurisdiction)

The confusing thing is what does "complete diversity" mean for rule interpleader? Who exactly has to be diverse from whom? Shonholtz said you need complete diversity between the stakeholder and the claimants, but I'm not entirely sure what that means.

IIRC under Rule 22 Interpleader you still need complete diversity

Statutory Interpeader diversity just requires any claimant to be diverse from any defendant

Someone please correct me if I'm wrong

Yes, except the amount-in-controversy requirement is also much lower for statutory interpleader. Essentially, statutory interpleader is a separate basis of SMJ. It takes the place of the normal diversity jurisdiction statute. I'm just trying to figure out exactly what "complete diversity" means under rule interpleader. Is no one considered to be "on the same side of the v"? So, every single person (including the stakeholder bringing the interpleader action) has to be from a different state or country?

No, I'm pretty sure Rule 22 Interpleader is just regular diversity - no plaintiff can be from the same state as any defendant.

[Tiago Splitter]

Can do SITLA.

What is SITLA.

[brotherdarkness]

Can do SITLA.

What is SITLA.

I'm guessing "search incident to lawful arrest." So if police enter your house to arrest you but don't have a search warrant, I assume they can (a) search whatever's within your wingspan; and (b) seize anything that's in plain view.

[Good Guy Gaud]

Can do SITLA.

What is SITLA.

Search incident to lawful arrest?

[kyle010723]

Can do SITLA.

What is SITLA.

Search incident to lawful arrest?

Struggling in the late afternoon?

[Good Guy Gaud]

Can do SITLA.

What is SITLA.

Search incident to lawful arrest?

Struggling in the late afternoon?

lol

[jwe-houston]

Can do SITLA.

What is SITLA.

Search incident to lawful arrest?

Struggling in the late afternoon?

HA! ...no. Search Incident to Lawful Arrest.

[ladylawyer1221]

Taking TX Bar. MBE 40%/Essay 40%/MPT 10% and P-E/10% (5 line short answer).

Did a solid sim - 135, but refresher was a bit off at 62. Not entirely worried, just doing a maintenance set every couple of days now.

Essays are OK, but Fam/Wills killing me on substance. Consumer I'm all over, but is always a time crunch to get the full monty out. Mostly self-score between 17-22/25 on good topics. 11-15/25 on the weak ones (depending on what topic asked).

P-E getting 12-15/20 each, w/ Civ the stronger one. I'm doing OK, but could do a few more.

MPT....honestly haven't done any but 2. Timing was a bit of a problem (feeling squeezed), but read anther thread about typing out the rules as read and pulling facts to match w/o "outlining" the answer first. Plan on doing 2 more before Sunday.

I'm in Texas too. I have similar stats, but a little lower on the MBE (125 on sim, 62 on refresher). I'm pretty sure I can pull off 15/20 on each P&E. I only did 1 MPT, the graded one for Barbri- and got a 5.
How are you self-grading essays? I look at the selected answers on BLE and they really are not impressive, but I have no idea how to guage what "score" they received. I assume since they were selected answers they were at least graded a 16, right?

[rhs100]

Just did Emanuel's A.M. and got 68/100. Honestly was expecting better. 128/200 on simulated. Not really sure what else to do to improve - I feel like on the real one performance will be worse due to anxiety.

What do you guys think?

[old_soul]

Just looking over my percentiles from the Simulated Exam.

I don't get it, on one of the subtopics I got 4/4 qs right, and it says my percentile is 43%. Wth! Is Barbri just arbitrarily assigning percentiles?

[kyle010723]

Just looking over my percentiles from the Simulated Exam.

I don't get it, on one of the subtopics I got 4/4 qs right, and it says my percentile is 43%. Wth! Is Barbri just arbitrarily assigning percentiles?

Simply means 43 percent of the people got a 3/4 or less.