NY July 2015 Support Group Forum

[sd5289]

so i havent looked at mpt stuff at all (i have barbri). should i spend an hr looking at a sample answer? anyone have general mpt advice? at this pt im prioritizing substantive law

It's the easiest 10% on the exam, so I'd take a look at some sample problems/answers at the very least.

Some programs (including mine) suggest reading the task memo first, then the "library" of law, and then the facts of the case. I followed that approach and it's worked well on the graded MPT I did as well as the practice ones. The most common form of document is a memo, but one of the practices I did included drafting a closing statement. So while you don't really need to do a full 90 min MPT at this juncture, I'd suggest familiarizing yourself with it since it'd suck to miss out on maximizing that 10%.

I've done a couple, but do you think it's easy to spot whether an assignment is persuasive v. objective? I've only done objective ones

Yeah, I do. The task memo will give you enough for you to know which one it is. Examples of the persuasive ones I've done were the closing argument one, and one was a memo to a state legislative committee either for/against a proposed bill (I forget exactly which way I was supposed to go but I remember having to argue one way and respond to possible counter-arguments the other way). Typically when you're writing a memo to a judge, law partner, etc., it'll be objective.

[Hutz_and_Goodman]

so i havent looked at mpt stuff at all (i have barbri). should i spend an hr looking at a sample answer? anyone have general mpt advice? at this pt im prioritizing substantive law

It's the easiest 10% on the exam, so I'd take a look at some sample problems/answers at the very least.

Some programs (including mine) suggest reading the task memo first, then the "library" of law, and then the facts of the case. I followed that approach and it's worked well on the graded MPT I did as well as the practice ones. The most common form of document is a memo, but one of the practices I did included drafting a closing statement. So while you don't really need to do a full 90 min MPT at this juncture, I'd suggest familiarizing yourself with it since it'd suck to miss out on maximizing that 10%.

Read the task memo and use it to organize the MPT (it will tell you what sections to have, who you are writing to, etc.)
read the cases (ignore the statutes)
read the facts of the case
write it

I write out the sections based on the task memo
put each case in the appropriate section and then underline the important stuff

*note: it is a common MPT trick to put important stuff in a footnote or parenthetical so don't ignore that stuff

[toplawnerd]

Question about statute of limitations for claims against the State of New York:

- Claims against a municipality have a 1 year, 90 day SOL. Also necessary to file a notice of claim.
- Is there a special rule for the State of New York? Other than the fact that State of New York claims are filed in the Court of Claims, what other requirements are there?

I've looked through my Barbri notes and the CMR and can't find anything, but I could easily just be overlooking it.

Thanks

i doubt it would be on the exam, but you have to serve a claim on the state within 90 day and serve it on the atty general.

Gotcha. Thanks a ton.

[jjjetplane]

I am going over the Barbri materials for the NY Rule Against Suspension of Power of Alienation.

Can anyone explain this to me like I'm five years old? Tanya Hernandez did a pretty crappy job in the lecture.

[marthac66]

Is anyone cramming tomorrow? So jealous of everyone taking the day off but I literally can't

[mrs_featherbottom]

Can anyone explain jurisdiction in divorce actions to me? I don't get how the durational residency requirements come into play

[freestallion]

Can anyone explain jurisdiction in divorce actions to me? I don't get how the durational residency requirements come into play

There is in rem; subject matter jurisdiction; and Personal jurisdiction. Having in rem / SMJ is sufficient to give a divorce, but not to make decisions on any of the economic matters (support, etc) -- for that you need PJ.

In rem: One party needs to be a domiciliary of NY to satisfy this.

SMJ: SMJ is the residency requirement. For this you need either (1) one party has lived in NY continuously for 1 year prior to commencing the divorce action, and either a) the parties married in NY, b) the parties lived together as a married couple in NY, or c) the cause of action for divorce arose in NY. If you don't have any of these 3, then (2) it's enough if one party has lived continuously in NY for 2 years prior to commencing the action.

PJ: You do the PJ analysis, including minimum contacts. If you have PJ then the court can issue support or other economic orders.

[mrs_featherbottom]

Can anyone explain jurisdiction in divorce actions to me? I don't get how the durational residency requirements come into play

There is in rem; subject matter jurisdiction; and Personal jurisdiction. Having in rem / SMJ is sufficient to give a divorce, but not to make decisions on any of the economic matters (support, etc) -- for that you need PJ.

In rem: One party needs to be a domiciliary of NY to satisfy this.

SMJ: SMJ is the residency requirement. For this you need either (1) one party has lived in NY continuously for 1 year prior to commencing the divorce action, and either a) the parties married in NY, b) the parties lived together as a married couple in NY, or c) the cause of action for divorce arose in NY. If you don't have any of these 3, then (2) it's enough if one party has lived continuously in NY for 2 years prior to commencing the action.

PJ: You do the PJ analysis, including minimum contacts. If you have PJ then the court can issue support or other economic orders.

Got it - this was so helpful. Thanks!

[Confused7]

Can anyone explain jurisdiction in divorce actions to me? I don't get how the durational residency requirements come into play

There is in rem; subject matter jurisdiction; and Personal jurisdiction. Having in rem / SMJ is sufficient to give a divorce, but not to make decisions on any of the economic matters (support, etc) -- for that you need PJ.

In rem: One party needs to be a domiciliary of NY to satisfy this.

SMJ: SMJ is the residency requirement. For this you need either (1) one party has lived in NY continuously for 1 year prior to commencing the divorce action, and either a) the parties married in NY, b) the parties lived together as a married couple in NY, or c) the cause of action for divorce arose in NY. If you don't have any of these 3, then (2) it's enough if one party has lived continuously in NY for 2 years prior to commencing the action.

PJ: You do the PJ analysis, including minimum contacts. If you have PJ then the court can issue support or other economic orders.

You can get PJ over a non-domicillary spouse by via NY's long-arm statute by:
1) If P is still domiciled in NY and the NY was the matrimonial home of the parties before the divorce,
2) D abandoned P in NY,
3) The claim for relief accrued under NY law, or
4) The divorce is based on an agreement that the parties agreed to in NY.

For PJ, the D has to be personally served.

[mrs_featherbottom]

Can anyone explain jurisdiction in divorce actions to me? I don't get how the durational residency requirements come into play

There is in rem; subject matter jurisdiction; and Personal jurisdiction. Having in rem / SMJ is sufficient to give a divorce, but not to make decisions on any of the economic matters (support, etc) -- for that you need PJ.

In rem: One party needs to be a domiciliary of NY to satisfy this.

SMJ: SMJ is the residency requirement. For this you need either (1) one party has lived in NY continuously for 1 year prior to commencing the divorce action, and either a) the parties married in NY, b) the parties lived together as a married couple in NY, or c) the cause of action for divorce arose in NY. If you don't have any of these 3, then (2) it's enough if one party has lived continuously in NY for 2 years prior to commencing the action.

PJ: You do the PJ analysis, including minimum contacts. If you have PJ then the court can issue support or other economic orders.

You can get PJ over a non-domicillary spouse by via NY's long-arm statute by:
1) If P is still domiciled in NY and the NY was the matrimonial home of the parties before the divorce,
2) D abandoned P in NY,
3) The claim for relief accrued under NY law, or
4) The divorce is based on an agreement that the parties agreed to in NY.

For PJ, the D has to be personally served.

And that's a special matrimonial long arm statute, right? So you wouldn't bring in the general NY long arm statute...

[Confused7]

Can anyone explain jurisdiction in divorce actions to me? I don't get how the durational residency requirements come into play

There is in rem; subject matter jurisdiction; and Personal jurisdiction. Having in rem / SMJ is sufficient to give a divorce, but not to make decisions on any of the economic matters (support, etc) -- for that you need PJ.

In rem: One party needs to be a domiciliary of NY to satisfy this.

SMJ: SMJ is the residency requirement. For this you need either (1) one party has lived in NY continuously for 1 year prior to commencing the divorce action, and either a) the parties married in NY, b) the parties lived together as a married couple in NY, or c) the cause of action for divorce arose in NY. If you don't have any of these 3, then (2) it's enough if one party has lived continuously in NY for 2 years prior to commencing the action.

PJ: You do the PJ analysis, including minimum contacts. If you have PJ then the court can issue support or other economic orders.

You can get PJ over a non-domicillary spouse by via NY's long-arm statute by:
1) If P is still domiciled in NY and the NY was the matrimonial home of the parties before the divorce,
2) D abandoned P in NY,
3) The claim for relief accrued under NY law, or
4) The divorce is based on an agreement that the parties agreed to in NY.

For PJ, the D has to be personally served.

And that's a special matrimonial long arm statute, right? So you wouldn't bring in the general NY long arm statute...

Yeah, my understanding is that what I've listed is the special matrimonial long-arm statute in NY. So it's kind of like "minimal contacts" but these are the specific situations in which that applies.

[Hutz_and_Goodman]

How many people take the NY bar exam at Javits? Last year approx 11,000 people took July exam but I can't find what % was Javits.

[jjjetplane]

Can someone explain whether a grant of an easement needs to be recorded so that it runs to subsequent servient tenements?

[jediknight2424]

are people double spacing their essays/mpt?

[redsox550]

Can anyone explain jurisdiction in divorce actions to me? I don't get how the durational residency requirements come into play

There is in rem; subject matter jurisdiction; and Personal jurisdiction. Having in rem / SMJ is sufficient to give a divorce, but not to make decisions on any of the economic matters (support, etc) -- for that you need PJ.

In rem: One party needs to be a domiciliary of NY to satisfy this.

SMJ: SMJ is the residency requirement. For this you need either (1) one party has lived in NY continuously for 1 year prior to commencing the divorce action, and either a) the parties married in NY, b) the parties lived together as a married couple in NY, or c) the cause of action for divorce arose in NY. If you don't have any of these 3, then (2) it's enough if one party has lived continuously in NY for 2 years prior to commencing the action.

PJ: You do the PJ analysis, including minimum contacts. If you have PJ then the court can issue support or other economic orders.

Can you explain the difference between needing in rem vs. SJM. u need both anytime u want a divorce? when do you only need in rem?

Thanks

Does either SJM or in rem suffice?

[starryski]

Can anyone explain jurisdiction in divorce actions to me? I don't get how the durational residency requirements come into play

There is in rem; subject matter jurisdiction; and Personal jurisdiction. Having in rem / SMJ is sufficient to give a divorce, but not to make decisions on any of the economic matters (support, etc) -- for that you need PJ.

In rem: One party needs to be a domiciliary of NY to satisfy this.

SMJ: SMJ is the residency requirement. For this you need either (1) one party has lived in NY continuously for 1 year prior to commencing the divorce action, and either a) the parties married in NY, b) the parties lived together as a married couple in NY, or c) the cause of action for divorce arose in NY. If you don't have any of these 3, then (2) it's enough if one party has lived continuously in NY for 2 years prior to commencing the action.

PJ: You do the PJ analysis, including minimum contacts. If you have PJ then the court can issue support or other economic orders.

You can get PJ over a non-domicillary spouse by via NY's long-arm statute by:
1) If P is still domiciled in NY and the NY was the matrimonial home of the parties before the divorce,
2) D abandoned P in NY,
3) The claim for relief accrued under NY law, or
4) The divorce is based on an agreement that the parties agreed to in NY.

For PJ, the D has to be personally served.

And that's a special matrimonial long arm statute, right? So you wouldn't bring in the general NY long arm statute...

Yeah, my understanding is that what I've listed is the special matrimonial long-arm statute in NY. So it's kind of like "minimal contacts" but these are the specific situations in which that applies.

yes i was going to add the 1-4. dont forget that. it goes under in rem. just remember divorce is looked at as a property right. so one 1-4 above speaks to the minimum contacts for in personam jurisdiction. so if H wants a divorce in CT and wife is in NY you do that analysis).

then if W in NY wants to bring a matrimonial action in NY you go through the residency requirements. also if NY has personal juris over the out-of-state spouse, then it can hear any collateral issue arising from the divorce even tho it can't or didn't hear the divorce action.

^^and to the recent poster, NY always has SMJ to hear matrimonial actions. if H in CT (never stepped foot in NY) wants to divorce AND have CT decide on maintenace, child support etc, then W in NY, would need to satisfy the minimum contacts (1-4 above if CT is like NY)in Ct. all H can get is a divorce by just living in CT.

[redsox550]

Can anyone explain jurisdiction in divorce actions to me? I don't get how the durational residency requirements come into play

There is in rem; subject matter jurisdiction; and Personal jurisdiction. Having in rem / SMJ is sufficient to give a divorce, but not to make decisions on any of the economic matters (support, etc) -- for that you need PJ.

In rem: One party needs to be a domiciliary of NY to satisfy this.

SMJ: SMJ is the residency requirement. For this you need either (1) one party has lived in NY continuously for 1 year prior to commencing the divorce action, and either a) the parties married in NY, b) the parties lived together as a married couple in NY, or c) the cause of action for divorce arose in NY. If you don't have any of these 3, then (2) it's enough if one party has lived continuously in NY for 2 years prior to commencing the action.

PJ: You do the PJ analysis, including minimum contacts. If you have PJ then the court can issue support or other economic orders.

You can get PJ over a non-domicillary spouse by via NY's long-arm statute by:
1) If P is still domiciled in NY and the NY was the matrimonial home of the parties before the divorce,
2) D abandoned P in NY,
3) The claim for relief accrued under NY law, or
4) The divorce is based on an agreement that the parties agreed to in NY.

For PJ, the D has to be personally served.

And that's a special matrimonial long arm statute, right? So you wouldn't bring in the general NY long arm statute...

Yeah, my understanding is that what I've listed is the special matrimonial long-arm statute in NY. So it's kind of like "minimal contacts" but these are the specific situations in which that applies.

yes i was going to add the 1-4. dont forget that. it goes under in rem. just remember divorce is looked at as a property right. so one 1-4 above speaks to the minimum contacts for in personam jurisdiction. so if H wants a divorce in CT and wife is in NY you do that analysis).

then if W in NY wants to bring a matrimonial action in NY you go through the residency requirements. also if NY has personal juris over the out-of-state spouse, then it can hear any collateral issue arising from the divorce even tho it can't or didn't hear the divorce action.

^^and to the recent poster, NY always has SMJ to hear matrimonial actions. if H in CT (never stepped foot in NY) wants to divorce AND have CT decide on maintenace, child support etc, then W in NY, would need to satisfy the minimum contacts (1-4 above if CT is like NY)in Ct. all H can get is a divorce by just living in CT.

its probably bc my brain is full, if NY always has SJM then when do u care about this

"SMJ: SMJ is the residency requirement. For this you need either (1) one party has lived in NY continuously for 1 year prior to commencing the divorce action, and either a) the parties married in NY, b) the parties lived together as a married couple in NY, or c) the cause of action for divorce arose in NY. If you don't have any of these 3, then (2) it's enough if one party has lived continuously in NY for 2 years prior to commencing the action."

[summeisruined]

Hey everyone......

What do you guys know about secured transactions...? i feel super insecure about it...

[starryski]

Hey everyone......

What do you guys know about secured transactions...? i feel super insecure about it...

i was about to ask about PMSI...easy definition please? i know it has to do with credit or something...

[starryski]

Can anyone explain jurisdiction in divorce actions to me? I don't get how the durational residency requirements come into play

There is in rem; subject matter jurisdiction; and Personal jurisdiction. Having in rem / SMJ is sufficient to give a divorce, but not to make decisions on any of the economic matters (support, etc) -- for that you need PJ.

In rem: One party needs to be a domiciliary of NY to satisfy this.

SMJ: SMJ is the residency requirement. For this you need either (1) one party has lived in NY continuously for 1 year prior to commencing the divorce action, and either a) the parties married in NY, b) the parties lived together as a married couple in NY, or c) the cause of action for divorce arose in NY. If you don't have any of these 3, then (2) it's enough if one party has lived continuously in NY for 2 years prior to commencing the action.

PJ: You do the PJ analysis, including minimum contacts. If you have PJ then the court can issue support or other economic orders.

You can get PJ over a non-domicillary spouse by via NY's long-arm statute by:
1) If P is still domiciled in NY and the NY was the matrimonial home of the parties before the divorce,
2) D abandoned P in NY,
3) The claim for relief accrued under NY law, or
4) The divorce is based on an agreement that the parties agreed to in NY.

For PJ, the D has to be personally served.

And that's a special matrimonial long arm statute, right? So you wouldn't bring in the general NY long arm statute...

Yeah, my understanding is that what I've listed is the special matrimonial long-arm statute in NY. So it's kind of like "minimal contacts" but these are the specific situations in which that applies.

yes i was going to add the 1-4. dont forget that. it goes under in rem. just remember divorce is looked at as a property right. so one 1-4 above speaks to the minimum contacts for in personam jurisdiction. so if H wants a divorce in CT and wife is in NY you do that analysis).

then if W in NY wants to bring a matrimonial action in NY you go through the residency requirements. also if NY has personal juris over the out-of-state spouse, then it can hear any collateral issue arising from the divorce even tho it can't or didn't hear the divorce action.

^^and to the recent poster, NY always has SMJ to hear matrimonial actions. if H in CT (never stepped foot in NY) wants to divorce AND have CT decide on maintenace, child support etc, then W in NY, would need to satisfy the minimum contacts (1-4 above if CT is like NY)in Ct. all H can get is a divorce by just living in CT.

its probably bc my brain is full, if NY always has SJM then when do u care about this

"SMJ: SMJ is the residency requirement. For this you need either (1) one party has lived in NY continuously for 1 year prior to commencing the divorce action, and either a) the parties married in NY, b) the parties lived together as a married couple in NY, or c) the cause of action for divorce arose in NY. If you don't have any of these 3, then (2) it's enough if one party has lived continuously in NY for 2 years prior to commencing the action."

that's the residency requirement. NY can always hear a matrimonial case + falls under the residency requirements. sorry if i confused you lol

[redsox550]

Hey everyone......

What do you guys know about secured transactions...? i feel super insecure about it...

i was about to ask about PMSI...easy definition please? i know it has to do with credit or something...

VCR

must give value, in a contract for something u have a legal right to.
need to perfect it - which is basically filing a piece of paperwork - first in time first in right
auto perfected if they have possession or its a PMSI of consumer goods
self help - not allowed if it is likely to cause breach of peace- in home presumed, if protests it is presumed.

get some easy points for clarifying the goods
consumer goods
inventory
farm products
based on subjective use

thats all i know

[redsox550]

its probably bc my brain is full, if NY always has SJM then when do u care about this

"SMJ: SMJ is the residency requirement. For this you need either (1) one party has lived in NY continuously for 1 year prior to commencing the divorce action, and either a) the parties married in NY, b) the parties lived together as a married couple in NY, or c) the cause of action for divorce arose in NY. If you don't have any of these 3, then (2) it's enough if one party has lived continuously in NY for 2 years prior to commencing the action."[/quote]

that's the residency requirement. NY can always hear a matrimonial case + falls under the residency requirements. sorry if i confused you lol[/quote][/quote][/quote]

thanks for helping me understand. so what u are saying is that "In rem: One party needs to be a domiciliary of NY to satisfy this. " either u a domicile or u meet the residency req? or to be a domicile in this particular point requires u to meet the residency req?

[summeisruined]

Hey everyone......

What do you guys know about secured transactions...? i feel super insecure about it...

i was about to ask about PMSI...easy definition please? i know it has to do with credit or something...

VCR

must give value, in a contract for something u have a legal right to.
need to perfect it - which is basically filing a piece of paperwork - first in time first in right
auto perfected if they have possession or its a PMSI of consumer goods
self help - not allowed if it is likely to cause breach of peace- in home presumed, if protests it is presumed.

get some easy points for clarifying the goods
consumer goods
inventory
farm products
based on subjective use

thats all i know

Thanks a lot.

I hope we won't have an essay about it though.... it is not super common..

[Doorkeeper]

For those going to Javits, so do we really have to get there at 7:30am? 90 minutes ahead of time seems so unnecessary.

[moreheesh]

For those going to Javits, so do we really have to get there at 7:30am? 90 minutes ahead of time seems so unnecessary.

This is exactly what I came here to ask. I went to the MPRE 45 minutes after time was recommended and still waited around a ton. PRO TIPS PLEASE!!