NY July 2015 Support Group Forum

[adevine39]

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

Do you really want to run the risk of something bad happening and being all stressed out before the BIGGEST EXAM OF YOUR LIFE just so you can sleep in a little longer?

[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.

Do you really want to run the risk of something bad happening and being all stressed out before the BIGGEST EXAM OF YOUR LIFE just so you can sleep in a little longer?

No, but if someone has information from previous takers that 90mins is totally unnecessary and you should just get there by 8am, then I would be quite receptive to sleeping another 30 minutes.

[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.

Do you really want to run the risk of something bad happening and being all stressed out before the BIGGEST EXAM OF YOUR LIFE just so you can sleep in a little longer?

No, but if someone has information from previous takers that 90mins is totally unnecessary and you should just get there by 8am, then I would be quite receptive to sleeping another 30 minutes.

Agreed. Plus my nerves have a tendency to get worse when I'm surrounded by 11,000 others suffering from temporary neuroses.

[sd5289]

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!!

I don't know where you did the MPRE (or when), but I did it at NYLS last August and that was just a completely disorganized mess. Some people there had just taken the bar exam and said Javits was similar, so I'd plan on needing the time. Plus we're supposed to be in our seats at 8:30, so it's 60 minutes ahead of time, not 90.

[moreheesh]

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?

Just to answer this, plaintiff bringing matrimonial action in NYSC needs to have domicile plus residency requirements.

[Hutz_and_Goodman]

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

Do you really want to run the risk of something bad happening and being all stressed out before the BIGGEST EXAM OF YOUR LIFE just so you can sleep in a little longer?

No, but if someone has information from previous takers that 90mins is totally unnecessary and you should just get there by 8am, then I would be quite receptive to sleeping another 30 minutes.

A former testtaker in the Barbri thread said she arrived at 7:50am on day 1 of the bar at Javits and I think 8:10am on day 2. Personally, I am planning to arrive at 7:30 because something crazy could happen with the trains and it definitely will take time to get through security. If you arrive after 9:30 they will not let you take the bar.

[Ahyis]

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...

ST is actually pretty easy because there's really likely only one thing they'll ask about in an essay:

Is there a SI, and is it Perfected?

For a SI need:
Attachment - This requires value given, debtor has rights in the collateral, and there is a security agreement. THESE CAN OCCUR IN ANY ORDER.
Perfection: First to file generally wins. Can perfect by filing, possessing certain collateral, or instant-perfection if you have a PMSI (basically, if the sole purpose of the loan is so you can BUY SOMETHING - think a purchase-money mortgage - then it's a PMSI and it gets SUPER PRIORITY INSTANTLY).

That's pretty much 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...

ST is actually pretty easy because there's really likely only one thing they'll ask about in an essay:

Is there a SI, and is it Perfected?

For a SI need:
Attachment - This requires value given, debtor has rights in the collateral, and there is a security agreement. THESE CAN OCCUR IN ANY ORDER.
Perfection: First to file generally wins. Can perfect by filing, possessing certain collateral, or instant-perfection if you have a PMSI (basically, if the sole purpose of the loan is so you can BUY SOMETHING - think a purchase-money mortgage - then it's a PMSI and it gets SUPER PRIORITY INSTANTLY).

That's pretty much it.

feb 2010 essay 1 had something about PMSIs. figured it out. its when a creditor gives value to a debtor giving debtor rights in the collateral no security agreement needed, attaches automatically. its like if a furniture store gives you credit to purchase a couch. you get he couch but if you dont make the payments (even though you already have the couch) then the store has the right to get the stuff back. even if they didn't file a financing statement. easy enough.

[starryski]

also what is important to know on conflict of laws?

[orangecup]

also what is important to know on conflict of laws?

Torts basically (conduct regulating v. loss allocating). And that insurance contracts are governed by the law of the state in which they were issued.

[trustmouse83]

I think that's the Babcock and Neumeier governmental interet analysis stuff you mean.
And that was tested in Feb past, so not likely to show up this July.

Just my 0.02c

[Hutz_and_Goodman]

The statutory period for adverse possession is 10 years in NY. Is it the same for prescriptive easements?

[trustmouse83]

it's 10 years for AP, but 20 years if attempting to get AP from a co-tenant.
Be careful.

[trustmouse83]

and yes, it's 10 years for Easment by Prescription.

[freestallion]

also what is important to know on conflict of laws?

Torts basically (conduct regulating v. loss allocating). And that insurance contracts are governed by the law of the state in which they were issued.

And contracts generally use the center of gravity approach

[sd5289]

it's 10 years for AP, but 20 years if attempting to get AP from a co-tenant.
Be careful.

Unless the co-tenant expressly effects an ouster. Then the 10 year AP period begins upon ouster. The 20 years = 10 years implied ouster followed by the statutory 10 years for AP.

[freestallion]

And thank you for those clarifying PJ for divorce/matrimonial actions.. Kaplan lecture didn't even properly cover the long arm statute

[marthac66]

Do we really need to know criminal procedure distinctions or could you just apply MBE knowledge for them? There is just way too many degrees

[Hutz_and_Goodman]

Do we really need to know criminal procedure distinctions or could you just apply MBE knowledge for them? There is just way too many degrees

Do you mean criminal law? There aren't that many crim pro distinctions.

[sd5289]

Do we really need to know criminal procedure distinctions or could you just apply MBE knowledge for them? There is just way too many degrees

I think the main big differences we should try to know for Crim Pro are:

- four-level analysis re. police encounters with civilians (right to inquire, reasonable suspicion that criminal activity is afoot, reasonable suspicion that this person has committed or is about to commit a crime, PC to believe this person has committed a crime and thus arrest)
- car search exceptions, namely once a person is out of the car, the police need PC to search the passenger compartment for evidence of the crime or weapons
- in a Terry stop, police can only seize what they reasonably believe is a weapon (cannot if they believe it's contraband)
- self defense and alibi are NOT affirmative defenses, and thus prosecution must disprove them beyond a reasonable doubt; everything else is and affirmative defense (e.g. duress, insanity, etc) and D must prove by a preponderance of the evidence.
- NY recognizes "indelible right to counsel," and once attached, police cannot question and D cannot waive without the attorney present

And for Crim Law:

- additional crimes for FEL murder = sodomy, sexual abuse, and escape
- also that there's FEL murder in both 1st and 2nd degree murder (former = intentional killing and latter = unintentional killing)
- all of the embezzlement, false pretenses, etc., CL crimes fall under larceny in NY (1 of the 5 degrees of it)
- burglary can be any building, and simply need to prove intent to commit a crime therein
- arson can also be any building
- for both accomplice and conspiracy, you cannot be convicted based solely on the principal's / co-conspirator's testimony
- for attempt crimes, must prove more than "substantial step" (must prove that D was very close to committing the crime)
- NY has a "duty to retreat" for self-defense claims (use of deadly force) unless you're in your home

[trustmouse83]

I think you meant False Pretenses instead of False Light.

[sd5289]

I think you meant False Pretenses instead of False Light.

Lol, yep!

[xfer2013]

Public Service Announcement: just saw no flip flops allowed....

Just had to go out and buy a pair of shoes. Would have hated to find this out tomorrow morning!

[moreheesh]

Public Service Announcement: just saw no flip flops allowed....

Just had to go out and buy a pair of shoes. Would have hated to find this out tomorrow morning!

Pics of said bar shoes.

[toplawnerd]

Do we really need to know criminal procedure distinctions or could you just apply MBE knowledge for them? There is just way too many degrees

I think the main big differences we should try to know for Crim Pro are:

- four-level analysis re. police encounters with civilians (right to inquire, reasonable suspicion that criminal activity is afoot, reasonable suspicion that this person has committed or is about to commit a crime, PC to believe this person has committed a crime and thus arrest)
- car search exceptions, namely once a person is out of the car, the police need PC to search the passenger compartment for evidence of the crime or weapons
- in a Terry stop, police can only seize what they reasonably believe is a weapon (cannot if they believe it's contraband)
- self defense and alibi are NOT affirmative defenses, and thus prosecution must disprove them beyond a reasonable doubt; everything else is and affirmative defense (e.g. duress, insanity, etc) and D must prove by a preponderance of the evidence.
- NY recognizes "indelible right to counsel," and once attached, police cannot question and D cannot waive without the attorney present

Correct me if I'm wrong, but alibi is not an affirmative defense for MBE or for New York. Self defense/justification is an ordinary defense in NY but an affirmative defense in MBE.