BarBri Bar Review Hangout - July 2015 Exam Forum

[musicfor18]

so what is it called when you do want to deny any liability whatsoever?

A Motion to Dismiss for Failure to State a Claim (if no evidence), or a Motion for Summary Judgment (if some evidence).

You can't really deny liability in a MTD for failure to state a claim, unless you're arguing that, even if everything P alleges in the complaint is true, P still has no claim. But you can't use a 12(b)(6) motion to say that the allegations aren't true.

[RaleighStClair]

Losing my mind a little bit. Started talking in the Rich Freer voice to myself doing Property flashcards.



I can't wait for this fucking exam to be over.

"Assignments, ladies and gentlemen - we're not talking about your math homework - we're talking about a leasehold transfer from tenant to assignee! Assignments!"

[jamescastle]

Losing my mind a little bit. Started talking in the Rich Freer voice to myself doing Property flashcards.



I can't wait for this fucking exam to be over.

"Assignments, ladies and gentlemen - we're not talking about your math homework - we're talking about a leasehold transfer from tenant to assignee! Assignments!"

Put a star by this one, highlight it, and circle it. This one is important, folks.

[Kage3212]

My journal just sent me my note for a final proof-read prior to publication (this was supposed to be done by the latest on May 20th). I had a good laugh at that.

[kyle010723]

so what is it called when you do want to deny any liability whatsoever?

A Motion to Dismiss for Failure to State a Claim (if no evidence), or a Motion for Summary Judgment (if some evidence).

You can't really deny liability in a MTD for failure to state a claim, unless you're arguing that, even if everything P alleges in the complaint is true, P still has no claim. But you can't use a 12(b)(6) motion to say that the allegations aren't true.

Oh, duh, you assume all allegations are true in a motion to dismiss. Good point! haha, I know just enough to be dangerous but I can never separate this rule from that rule apparently.

[Good Guy Gaud]

Losing my mind a little bit. Started talking in the Rich Freer voice to myself doing Property flashcards.



I can't wait for this fucking exam to be over.

"Assignments, ladies and gentlemen - we're not talking about your math homework - we're talking about a leasehold transfer from tenant to assignee! Assignments!"

Put a star by this one, highlight it, and circle it. This one is important, folks.

PHONE A FRIEND

[RaleighStClair]

Losing my mind a little bit. Started talking in the Rich Freer voice to myself doing Property flashcards.



I can't wait for this fucking exam to be over.

"Assignments, ladies and gentlemen - we're not talking about your math homework - we're talking about a leasehold transfer from tenant to assignee! Assignments!"

Put a star by this one, highlight it, and circle it. This one is important, folks.

Hit it with a highlighter - PHONE A FRIEND.

[Good Guy Gaud]

We all got problems

[RaleighStClair]

[stronitsing]

Losing my mind a little bit. Started talking in the Rich Freer voice to myself doing Property flashcards.



I can't wait for this fucking exam to be over.

"Assignments, ladies and gentlemen - we're not talking about your math homework - we're talking about a leasehold transfer from tenant to assignee! Assignments!"

Put a star by this one, highlight it, and circle it. This one is important, folks.

Hit it with a highlighter - PHONE A FRIEND.

Freer part two would be the one enjoyable aspect of a retake.

Does anybody have a good grasp on what constitutes a limited public forum versus a designated public forum?

[rhs100]

We all got problems

I was actually considering phoning a friend too! ROFL

[Good Guy Gaud]

Does anybody have a good grasp on what constitutes a limited public forum versus a designated public forum?

Just the standards applied to each. Would also be interested if someone had a good way of determining this.

[jamescastle]

Does anybody have a good grasp on what constitutes a limited public forum versus a designated public forum?

1. Designated public forums
a. Government properties that the government could close to speech but chooses to open for speech
b. Regulation rules: Same as public forums
c. Example: Public school facilities on the weekend

2. Limited public forums
a. Government properties that are limited to certain groups or dedicated to the discussion of only some subjects
b. Regulation rules: So long as it is reasonable and viewpoint neutral
c. Example: City buses

That's what I have from Chemerinsky.

[Good Guy Gaud]

Does anybody have a good grasp on what constitutes a limited public forum versus a designated public forum?

1. Designated public forums
a. Government properties that the government could close to speech but chooses to open for speech
b. Regulation rules: Same as public forums
c. Example: Public school facilities on the weekend

2. Limited public forums
a. Government properties that are limited to certain groups or dedicated to the discussion of only some subjects
b. Regulation rules: So long as it is reasonable and viewpoint neutral
c. Example: City buses

That's what I have from Chemerinsky.

So does the analysis have to be de facto in a sense?

[musicfor18]

Does anybody have a good grasp on what constitutes a limited public forum versus a designated public forum?

Just the standards applied to each. Would also be interested if someone had a good way of determining this.

There's a big problem with distinguishing designated public forum from limited public forum. I even asked Chemerinsky, and he agreed with me. In a designated public forum, the government can't engage in subject-matter discrimination. In a limited public forum, it can. The problem is: How do you tell a permissible limited public forum that's limited to certain subject matters from an impermissible designated forum that discriminates based on subject matter? Chemerinsky said "That's a question I often ask myself."

[Kage3212]

Thinking about writing con law essays gives me a headache. I despise this subject for the essay portion.

[Good Guy Gaud]

Thinking about writing con law essays gives me a headache. I despise this subject for the essay portion.

Me too. The only topic I've really got locked down is Equal Protection. (for essay purposes, MBE is a little different)

[charlesxavier]

Thinking about writing con law essays gives me a headache. I despise this subject for the essay portion.

For me, it's like a few other subjects where the essay questions can be very simple or extremely complicated.

[musicfor18]

Thinking about writing con law essays gives me a headache. I despise this subject for the essay portion.

Me too. The only topic I've really got locked down is Equal Protection. (for essay purposes, MBE is a little different)

If there's an essay about constitutionality of taxes, I will not become a lawyer this time around.

[old_soul]

Has anyone watched the Refresher videos? Worth it or not?

--For those who haven't, I just finished watching Guzman's videos, and I wish I had done them earlier. I watched Evidence a couple of weeks ago and reviewed that, and as I was analyzing my Refresher, I realized that I missed like only 2 qs in Evidence; now going back to go over his Con law and Crim/Pro. His little insurance policy summaries are soo worth it.

[Good Guy Gaud]

Has anyone watched the Refresher videos? Worth it or not?

--For those who haven't, I just finished watching Guzman's videos, and I wish I had done them earlier. I watched Evidence a couple of weeks ago and reviewed that, and as I was analyzing my Refresher, I realized that I missed like only 2 qs in Evidence; now going back to go over his Con law and Crim/Pro. His little insurance policy summaries are soo worth it.

Are the insurance policy summaries something you would write down or just something to memorize?

I have the videos and am planning to watch them over the weekend. Do you think I should watch them sooner?

[kyle010723]

Does anybody have a good grasp on what constitutes a limited public forum versus a designated public forum?

Just the standards applied to each. Would also be interested if someone had a good way of determining this.

I had issue with this too. Sidewalk is clearly public, so apply intermediate scrutiny. Limited Public Forum applies rational basis (and I think non-public forum government can do whatever they want?)

Got a question earlier asking about "steps" to a court house. Apparently that was a limited public forum, and not a public forum. So needless to say, I got that wrong.

[Tiago Splitter]

Designated public forum could be the same kind of place as a limited public forum. Designated just means the government has chosen to open it up to all kinds of speech, essentially making it into a public forum. So they have to treat it like a public forum. They didn't have to do that, but once they did they gotta be fair. Limited public forum OTOH are ones the government has only opened to certain groups or types of speech. Regs there just have to be reasonable and viewpoint neutral.

[kyle010723]

Has anyone watched the Refresher videos? Worth it or not?

--For those who haven't, I just finished watching Guzman's videos, and I wish I had done them earlier. I watched Evidence a couple of weeks ago and reviewed that, and as I was analyzing my Refresher, I realized that I missed like only 2 qs in Evidence; now going back to go over his Con law and Crim/Pro. His little insurance policy summaries are soo worth it.

Are the insurance policy summaries something you would write down or just something to memorize?

I have the videos and am planning to watch them over the weekend. Do you think I should watch them sooner?

I wrote down Guzman's Con Law tips:

Exam Tips

• • Necessary and Proper Clause is always wrong if it appears by itself
  • "Reserved to the state under Tenth Amendment" is always wrong
  • Any answer about privilege is always wrong
  • Any answer about privilege and immunity clause the fourteenth amendment is always wrong
  • Political Question is almost always wrong
  • Contract clause is always wrong

Always Wrong Answer

• • Congress may not delegate its power to administrative agency
  • Federal Statute is unconstitutional because the subject matter is reserved to the state under the Tenth Amendment
  • Congress has the power to legislate for the general welfare
  • Congress has the power to act under its police power (Except DC or Federal Land)
  • Federal Statute is unconstitutional under the Fourteenth Amendment
  • Answer containing privilege and immunity clause under the Fourteenth Amendment
  • On any claim that says the plaintiff has a privilege or a right under a fundamental right
  • Any picks that apply ex-post facto to none criminal statute
  • State statute is unconstitutional because it places "a" burden on commerce (must be undue burden or impermissible)
  • An answer that claim violation of contract clause
  • President violated his duty that law is faithfully executed
  • Dismiss because it is a political question

The exception to all Guzman rules is: Unless you know what you are doing and know a case on point.

[jamescastle]

Has anyone watched the Refresher videos? Worth it or not?

--For those who haven't, I just finished watching Guzman's videos, and I wish I had done them earlier. I watched Evidence a couple of weeks ago and reviewed that, and as I was analyzing my Refresher, I realized that I missed like only 2 qs in Evidence; now going back to go over his Con law and Crim/Pro. His little insurance policy summaries are soo worth it.

Are the insurance policy summaries something you would write down or just something to memorize?

I have the videos and am planning to watch them over the weekend. Do you think I should watch them sooner?

I wrote down Guzman's Con Law tips:

Exam Tips

• • Necessary and Proper Clause is always wrong if it appears by itself
  • "Reserved to the state under Tenth Amendment" is always wrong
  • Any answer about privilege is always wrong
  • Any answer about privilege and immunity clause the fourteenth amendment is always wrong
  • Political Question is almost always wrong
  • Contract clause is always wrong

Always Wrong Answer

• • Congress may not delegate its power to administrative agency
  • Federal Statute is unconstitutional because the subject matter is reserved to the state under the Tenth Amendment
  • Congress has the power to legislate for the general welfare
  • Congress has the power to act under its police power (Except DC or Federal Land)
  • Federal Statute is unconstitutional under the Fourteenth Amendment
  • Answer containing privilege and immunity clause under the Fourteenth Amendment
  • On any claim that says the plaintiff has a privilege or a right under a fundamental right
  • Any picks that apply ex-post facto to none criminal statute
  • State statute is unconstitutional because it places "a" burden on commerce (must be undue burden or impermissible)
  • An answer that claim violation of contract clause
  • President violated his duty that law is faithfully executed
  • Dismiss because it is a political question

Exceptions to the above: MPQ set #6.