Texas Bar Exam July 2014 Forum

[OklahomasOK]

I know last year was a L/T question. Haven't seen the others yet.

Honestly, general Texas RP is probably one of the essays that I'm just going to count on getting most everything wrong and live with it, same with commercial paper if it appears. I'd rather spend the brain power elsewhere than learn the nuances.

After going through all of the essay topics a few times, RP is the one that I understand the least. However, I'm going to play the odds and really bank hard on getting a Landlord/ Tenant question. They are, by far, the most tested item in RP since 2003. However, the most recent exams have not administered a LL/T question with the frequency previous administrations of the exams have. I'd also bank heavily on homestead and foreclosures.

Comm paper isn't hard. Just know your acronyms and causes of action. We'll have a question where someone takes a check from someone else (determine if it's negotiable by looking at the form), determine if the check was altered/ forged and thus NPP, and see who can sue who. In the alternative, accord/ satisfaction questions come up quite a bit with comm paper too.

If you're going to pick and choose were to spend your time for max points. I'd spend some time with Consumer law as it can be mastered in a couple hours and you can get tons of points on it. Business Associations is also a great place to bank points as well. Instead of trying to "save time" by hurrying through the easy essays, I'm going to try and crush the easy ones for more points. I'll spend the full 30 minutes on a DTPA essay to hopefully get 20 points rather than get 16 points and save 5 minutes that I can spend making up a rule for real property

[Raven1228]

Focusing on DTPA sounds like a good idea. In my notes I wrote down to "focus on the 3 different types of DTPA questions."

I can't remember what I meant, does anyone know what the three types are?

[jr8966]

Focusing on DTPA sounds like a good idea. In my notes I wrote down to "focus on the 3 different types of DTPA questions."

I can't remember what I meant, does anyone know what the three types are?

I break DTPA down into 4 categories: laundry list violation, breach of warranty, insurance code tie-in, or debt collection. Typical exams questions have covered a combination of 2 or 3 categories, usually laundry list, warranty, and insurance. I saw a recent exam question that focused exclusively on debt collection probably because the issue is relevant. Remember that if all else fails just throw in the laundry list as an answer.

[Burgstaller04]

Focusing on DTPA sounds like a good idea. In my notes I wrote down to "focus on the 3 different types of DTPA questions."

I can't remember what I meant, does anyone know what the three types are?

I break DTPA down into 4 categories: laundry list violation, breach of warranty, insurance code tie-in, or debt collection. Typical exams questions have covered a combination of 2 or 3 categories, usually laundry list, warranty, and insurance. I saw a recent exam question that focused exclusively on debt collection probably because the issue is relevant. Remember that if all else fails just throw in the laundry list as an answer.

Agreed, I've been trying to claim as many violations as possible and explaining each in order to get maximum points.

[OklahomasOK]

Focusing on DTPA sounds like a good idea. In my notes I wrote down to "focus on the 3 different types of DTPA questions."

I can't remember what I meant, does anyone know what the three types are?

I break DTPA down into 4 categories: laundry list violation, breach of warranty, insurance code tie-in, or debt collection. Typical exams questions have covered a combination of 2 or 3 categories, usually laundry list, warranty, and insurance. I saw a recent exam question that focused exclusively on debt collection probably because the issue is relevant. Remember that if all else fails just throw in the laundry list as an answer.

Agreed, I've been trying to claim as many violations as possible and explaining each in order to get maximum points.

This is how I'm approaching it. I can see someone going to an electronic store, buying something by relying on representations, it breaks, they don't pay for it. Debt collection ensues.

Basically discuss pure DTPA (make sure you talk about ECONOMIC) damages. Then, TDCA and DTPA though the TDCA (then you talk about ACTUAL damages). Make sure you stress they should bring the claim though the tie-in b/c you get better damages and it's a lower standard than the DTPA.

Consumer law seems intimidating until you spend some time with it. I am memorizing an entire essay structure for DTPA. All the questions will be similar. Save time now by having some "boiler-plate" to write down when you recognize it's a DTPA question. This should be a question you spend 5 minutes reading/ outlining and the rest of the time covering every single base. Max points available here. Know the little quirks and exceptions.

[arkhamhorror]

I think it's really going to come down to, RP, corporations/partnerships and the UCC ones for me.

Oil/Gas, Wills/Estates, Family law, and consumer rights all seem to be testing the same stuff, and I'm almost in the place where I can invent decent enough law to get by in the event I don't know the right answer.

For UCC, it seems skewed toward priorities for secured creditors, which is normally okay but can be nuanced. I took a secured transactions class in law school but that was a few years ago so I don't remember a ton of it. If they keep it fairly simple that's fine, but when you get into some of the more nuanced things about perfection of certain collateral then it gets a little tricky.

[OklahomasOK]

I think it's really going to come down to, RP, corporations/partnerships and the UCC ones for me.

Oil/Gas, Wills/Estates, Family law, and consumer rights all seem to be testing the same stuff, and I'm almost in the place where I can invent decent enough law to get by in the event I don't know the right answer.

For UCC, it seems skewed toward priorities for secured creditors, which is normally okay but can be nuanced. I took a secured transactions class in law school but that was a few years ago so I don't remember a ton of it. If they keep it fairly simple that's fine, but when you get into some of the more nuanced things about perfection of certain collateral then it gets a little tricky.

Spend time with the UCC & BA questions, those are places to pick up points. Secured flows much more logically than other subjects. I can almost promise you that they'll have some perfection issues on the bar. I may be talking out of my ass but I feel like you'll see a much greater return on studying per hour you put into UCC than you will real property. Same with BA over property. Know the pros & cons of each business form. You will be discussing them. Both BA & Article 9 UCC can be conquered in a day.

[Raven1228]

I hear you on focusing on the easier subjects....but does anyone have any tips for memorizing Texas RP? and more specifically, for not getting it confused with MBE RP?

The more I read about the Texas distinctions the more I worry I'm going to mess myself up for the MBE.

Do you think it's better to just memorize one or two areas of the distinctions (like landlord/tenant) or something?

[jimmythecatdied6]

What about RP has you all so worried? I feel like I am missing something.

[Raven1228]

I feel pretty confident about all the MBE subjects so now I'm just working on memorizing the essay subjects.

Personally, I'm hesitant to focus on Texas RP in case the distinctions me up on the MBE.

[OklahomasOK]

I hear you on focusing on the easier subjects....but does anyone have any tips for memorizing Texas RP? and more specifically, for not getting it confused with MBE RP?

The more I read about the Texas distinctions the more I worry I'm going to mess myself up for the MBE.

Do you think it's better to just memorize one or two areas of the distinctions (like landlord/tenant) or something?

That's what I have done. Looked at foreclosures, homestead, and LL/T. Last exam was a really easy homestead question, I would love to get it again, but like I said earlier, I think we're over-due for a LL/T question.

What makes real property so daunting (to me) is the wide array of subjects they can pluck from. Whereas in Consumer law, you're going to talk about the DTPA and in Wills/Estates, there's a logical flow to breaking up an estate. In RP, we could get something about riparian water rights, equitable servitudes, RAP, Constitutional/ statutory materialman's liens etc. There's really no flow to studying RP and it makes it tougher to study.

You shouldn't get too messed up studying the distinctions.

[Neve]

Does anyone have an attack outline or short sheet for Texas Civ Pro, Texas Crim Pro, or Commercial Paper that they'll be willing to share with me? PM me if you do.

My guess for RP is Mechanic's and Materialmen's Lien. They haven't tested on it in a few years and it seems like it's ripe - LL/T law is too easy for the July bar and I think MML will throw off the students from out of state since it's unique to Texas. Second guess is Trustee's power of sale, also unique to Texas.

[TX129392]

Does anyone have an attack outline or short sheet for Texas Civ Pro, Texas Crim Pro, or Commercial Paper that they'll be willing to share with me? PM me if you do.

Seconded.

[txadv11]

Edited. Thanks!!!



Anyone know a rough comparison between the study-smart Q's or MPQ's to the actual MBE?

I am getting something like:
3/4 Con law
2/3 Evidence
1/2-2/3 Torts
1/2 Property
1/3-1/2 Contracts
1/3-2/3 Criminal (weird streaks... once I got 10 in a row wrong, other times 2/3 right)

I think I'm overthinking some of the criminal.... Contracts I have got to either redo some AMPS or find a way, haha.

[jr8966]

Can I also have in on the Civ pro/crim pro outline? I can return the favor on any TX essay subject.

[arkhamhorror]

I don't have an outline, but I did make flashcards by hand. Honestly, I would just skim through all the past exams on Monday to get it in your head. They repeat questions constantly, and frankly a ton of it is simple common sense.

[OklahomasOK]

Can I also have in on the Civ pro/crim pro outline? I can return the favor on any TX essay subject.

These really aren't worth the time of going through an outline. If you PM me your email, I'll send you what I have but they are not helpful. You're better off just memorizing answers to previous exams. 15/20 questions will be repeats. Look at the previous 5-7 Crim/Civ Pro exams and memorize the Q/A sequence. You shouldn't spend much time studying for this part of the exam.

[jr8966]

Will do thanks for the heads up. Good luck to everyone!

[aquasalad]

re: dominating Consumer Law

I agree that it is a topic that you should plan on killing on the essays. I just did #20 in the barbri texas testing book (July 2012 facts regarding washer/dryer), and felt like I hit every issue well. Flipped to the model answer... are they kidding me!


If you want to see a ridiculous model answer, go look at that one. It's a short novel.

[arkhamhorror]

I agree that it is a topic that you should plan on killing on the essays. I just did #20 in the barbri texas testing book (July 2012 facts regarding washer/dryer).

If a consumer essay concerning a washer/dryer doesn't prompt an applicant to think of the laundry list, they probably should just automatically fail.

[txadv11]

re: dominating Consumer Law

I agree that it is a topic that you should plan on killing on the essays. I just did #20 in the barbri texas testing book (July 2012 facts regarding washer/dryer), and felt like I hit every issue well. Flipped to the model answer... are they kidding me!


If you want to see a ridiculous model answer, go look at that one. It's a short novel.

Check out the most recent exam at the BLE website, look at the consumer law "selected answers"

One of them is a mini-30 minute treatise on the DTPA.

[aquasalad]

LOL at laundry list.

[arkhamhorror]

Thank you, thank you. I'll be here all week. Then again in the last week of October. Then never fucking again in my life (hopefully).

[OklahomasOK]

For the Barbri takers, on Texas Wills & Estates #31, we're to assume that Jeff's will is talking about his separate property estate, right? The example we were given dealt with CP being addressed in a will with a pretermitted child (lecture handout, Wills I, p. 20, top of the page).

I am fuzzy here so let me understand this correctly. If the estate at issue is CP, we divide it in 1/2 (take $1,000,000 as an example), leave the $500,000 attributable to the surviving spouse along, the dispose of the estate (the remaining 1/2) according to the will & pretermitted child rules. If the question is silent (as #31 is) on what type of property we're dealing with, we should assume SP?

I hate making the assumption one way or another because we all know what assuming does...

[TX129392]

For the Barbri takers, on Texas Wills & Estates #31, we're to assume that Jeff's will is talking about his separate property estate, right? The example we were given dealt with CP being addressed in a will with a pretermitted child (lecture handout, Wills I, p. 20, top of the page).

I am fuzzy here so let me understand this correctly. If the estate at issue is CP, we divide it in 1/2 (take $1,000,000 as an example), leave the $500,000 attributable to the surviving spouse along, the dispose of the estate (the remaining 1/2) according to the will & pretermitted child rules. If the question is silent (as #31 is) on what type of property we're dealing with, we should assume SP?

I hate making the assumption one way or another because we all know what assuming does...

I think we should assume that it's talking about both SP and CP. The will devises "all of my property". By its terms that's everything Jeff owns. SP and CP are both property that Jeff owns, so by the terms of the will they're both included. SP and CP have different rules for intestate succession, but I think that a valid will can trump the intestate rules in both cases.

I think the reason it's not specified whether it's CP or SP in problem #31 is that that info isn't necessary to solving the question -- Irene is not a pretermitted child, and William takes the same proportion as the other children do under the will. So the entire distribution is governed by the will (in William's case, indirectly), not by intestate succession laws.

For corroboration, see bottom of p. 20 of the Wills I handout: "we don't look to intestacy rues [sic]", etc.