Florida Bar Exam - Official Thread Forum

[grixxlybear99]

Updated Prediction:
Contracts + Comm. Paper
Property (and/or) Trusts
Crim Law/Procedure
Ethics

Reasoning:
Contracts - Tested Every July
Property - Hasn't been tested in 1.5 Years
Crim Law/Procedure - They're on a rampage
Ethics - Always
Trusts - Hunch
Commercial Paper - Hunch

[Joey4112]

I'm thinking no con law or crim weren't they tested twice in a row? What about secured transactions, I'm hoping that doesn't show up.

[wise4]

Updated Prediction:
Contracts + Comm. Paper
Property (and/or) Trusts
Crim Law/Procedure
Ethics

Reasoning:
Contracts - Tested Every July
Property - Hasn't been tested in 1.5 Years
Crim Law/Procedure - They're on a rampage
Ethics - Always
Trusts - Hunch
Commercial Paper - Hunch

Is that your personal opinion? I'm thinking contracts/ethics, florida con law/property, trusts/ethics.

Contracts every July and Trusts every July besides last year. Property due like you said and Florida con law making an appearance as a hunch

[Bartaker7277]

What is your personal opinion on the FL MC? Do you think corporations will be on it again?

[Jwashere]

I'm thinking no con law or crim weren't they tested twice in a row? What about secured transactions, I'm hoping that doesn't show up.

Bar has a tendency to triple test.

[not guilty]

Fed Con Law and Crim just doesn't seem like the subjects to do that with though.

[not guilty]

^

[not guilty]

Only thing I can say is that I doubt they will test on any more than 5 subjects* total in essays.

*how they define subjects, ie Fam and Dependency would be 1.

[pdwannabe]

is there anywhere that has like 1-2 pages of review for every subject? I'm looking for something to look at on Sunday/Monday right before the bar

[livinlaw]

is there anywhere that has like 1-2 pages of review for every subject? I'm looking for something to look at on Sunday/Monday right before the bar

http://www.leansheets.com/

Have not used these and can't attest to their usefulness, but, worth a shot?

[grixxlybear99]

How is everyone studying for the FL MC?

[not guilty]

How is everyone studying for the FL MC?

bar prep companies offer Fla MC, so I'd imagine just using that.

[grixxlybear99]

How is everyone studying for the FL MC?

bar prep companies offer Fla MC, so I'd imagine just using that.

I would assume so much. I was wondering whether people are focusing on just reading the Conviser, reading the Lecture Handouts, or Reading the previous MC questions given.

I am just reading the lecture handouts because I already marked up the MC questions given

[grixxlybear99]

Quick Run Down on Secured Transactions Priorities Batles:

A. Secured vs. Secured – First to File or Perfect
a. Perfected Secured vs. Unperfected Secured – Perfect Always Wins
b. Unperfected Secured vs. Unperfected Secured – First to Attach
c. Perfection by Control > Any Other Method
d. PMSI > non-PMSI
e. PMSI vs. PMSI – Seller > 3rd Party, otherwise First to File or Perfect
B. Secured vs. Buyer – Security Interest Remains on Collateral Purchased by Buyer, unless BFP
C. Secured vs. Judgment Lienholder – Judicial Lienholder > Secured (Pre-Perfection)
a. PMSI v. Judgment Lienholder – PMSI Filed in 20 Days > Judgment Lienholder (Pre-Lien)
D. Secured Party vs. Statutory Lien Claimant – Statutory Lien > Secured
E. General Hierarchy of Interests in Collateral:
a. Buyers in Ordinary Course of Business > HDCs >
b. PMSI > Perfected Secured Creditors + Lien Creditors >
i. Perfected Secured Creditor vs. Perfected Secured Creditor – First to File
ii. Perfected Secured Creditor vs. Lien creditor – First to Perfect or Attach
c. Unperfected Secured > Unperfected Secured – First to Attach
d. Debtor

[Jwashere]

Im sure this has been asked by now but does anyone have an attack/ 1 page outline for secured trans. and/or commercial paper?

[grixxlybear99]

Im sure this has been asked by now but does anyone have an attack/ 1 page outline for secured trans. and/or commercial paper?

sorry for the weird formatting

Commercial Paper (1/2 page):

I. Formal Requirements of Negotiability
A. Negotiability – To be Negotiable, a Note must be (W-SUF-W-TOW):
a. Writing
b. Signed by Maker
c. Unconditional Promise to Pay
d. Fixed Amount of Money
e. With or Without Interest
f. To Order or Bearer – If Order and Bearer, Bearer controls
g. On Demand or at Definite Time
h. Without Unauthorized Undertakings
B. Proper Negotiation – Holder-status Depends on Whether Instrument is Payable to Order or Bearer:
a. Order (Payee in Possession + Indorsement by Payee)
i. Blank Indorsement – Payee Signature Only Creates Bearer Paper
1. Further Negotiations may be by Transfer of Possession alone
ii. Special Indorsement – Payee Signature + New Person to Whom its Payable
1. Further Negotiations require New Person’s Signature
iii. Deposit Indorsement – Restrictive Indorsement
b. Bearer (Payee in Possession) – Further Negotiations may be by Transfer of Possession alone
C. Holder in Due Course – Requires (N-HAV-GW):
a. Negotiable Instrument – W-SUF-W-TOW
b. Holder – Possession + Good Title
c. Authenticity Not Apparently Questioned
d. Value Paid by Holder
e. Good Faith – Subjective Honesty + Objective Fair Dealing
f. Without Notice – Record Notice is inapplicable
D. Shelter Rule – Transferee Obtains Rights of Transferor
a. Rule – Transferee Obtains Rights as HDC if Transferor was HDC
b. Exception – Transferor’s Fraud or Illegality Removes HDC-status for Subsequent-Transferee
c. Burden of Proof – Person claiming HDC has Burden
E. HDC Protections – HDC subject to Real Defenses, But NOT Personal Defenses
a. Personal (CFUWE) – Consideration, Fraud in Inducement, Unconscionability, Waiver, Estoppel

Secured Transactions (2 pages):

Types of Collateral – Tangible or Intangible
A. Tangible – CEFI:
a. Consumer Goods – Household Purposes
b. Equipment – Business Purposes
c. Farm Products
d. Inventory – Short-Term Business Items
B. Intangible – IDC-I-A-DTG
a. Instruments – Negotiable Instruments
b. Documents
c. Chattel Paper
d. Investments
e. Accounts
f. Deposit Accounts, But Not Personal Bank Account
g. Tort Claims
h. General Intangibles

Attachment – Rights Against Debtor Established by Attachment
A. 3 Requirements – Security Interest + Value Given + Debtor Has Ownership of Collateral
a. Security Interest – Written (Signed, Intent, Description) or Oral
B. After Acquired Property Clause – Security Interests Attach Automatically
a. Implied – Collateral is a type that rapidly depletes (Inventory or Accounts)
b. Consumer Goods – Does Not Apply, Unless Debtor Acquires Ownership within 10 Days
c. Torts – Does Not Apply
C. Identifiable Proceeds – Lowest-Intermediate Balance Test (Lowest Balance of Commingled Bank Acct)

Perfection – Rights Against 3rd Parties Established by Attachment
A. Perfection – Attached + One of 5 Methods of Perfection
B. PMSI Perfection – PMSI > Perfected Security Interest in Same Collateral
a. PMSI Consumer Goods – Automatic Perfection
b. PMSI Equipment – Filing Within 20 Days of Debtor’s Possession
c. PMSI Inventory – Filing by Time Debtor Gets Permission + Others Receive Notice
C. 5 Methods of Perfection – APCNF:
a. Automatic – Consumer Goods
b. Possession by Secured Party
i. Does Not Apply to GANENC:
1. General Intangibles
2. Accounts
3. Non-Consumer Deposit Accounts
4. Electronic Chattel Paper
5. Non-Negotiable Instruments
6. Certificate of Title Goods
c. Control – Investment Property, Non-Consumer Deposit Account, or Electronic Chattel Paper
i. Non-Consumer Deposit Account – 3 Means of Control:
1. Deposit Account in Secured Party’s Name
2. Bank Where Account is Maintained – Automatic
3. Control Agreement – Bank Will Follow Secured Party’s Orders, Not Debtor’s
d. Notation of Lien on Certificate of Title – File at Gov’t Agency Office
i. Exception – Debtor Holds the Car as Inventory (e.g., Car Dealership)
e. Filing Financial Statement (UCC-1) – Applies to All Collateral, Except Deposit Account or $
i. Requirements – DSDRA:
1. Debtor’s Name and Mailing Address
2. Secured Party’s Name and Mailing Address
3. Description of Collateral
4. Real Property – (1) Identify Owner, (2) Description of Property, (3) Recorded
5. Authorized – Automatic
ii. Where to File:
1. General – FL Secured Transaction Registry
2. Land – Office of Clerk of Circuit Court
iii. Multiple State Transactions – Where to File Choice of Law Rules:
1. General – File Financing Statement in State Where Debtor Located
2. Out-of-State Transfer:
a. If Filed Where Debtor Located, then Debtor Moves – Secured Party Becomes Unperfected in 4 Months
b. If Filed Where Debtor Located, then Collateral Moves – Secured Party Becomes Unperfected in 1 Year
3. Continuation Statement – Effective for 5 Years
4. Termination Statement – Debtor Pays off Debt, Creditor Must File in 20 Days
D. Perfection as to Proceeds – Automatic Perfection for 20 Days if Collateral itself was perfected
a. To Remain Perfected Beyond 20 Days, Secured Party May Perfect Again, Unless:
i. Proceeds are Identifiable Cash
ii. Original Collateral was Perfected by Financing Statement, or
iii. Perfection Would Be in Same Place as Original Collateral

Priority – Allocation of Priority Among Conflicting Interests in Same Collateral
A. Secured vs. Secured – First to File or Perfect
a. Perfected Secured vs. Unperfected Secured – Perfect Always Wins
b. Unperfected Secured vs. Unperfected Secured – First to Attach
c. Perfection by Control > Any Other Method
d. PMSI > non-PMSI
e. PMSI vs. PMSI – Seller > 3rd Party, otherwise First to File or Perfect
B. Secured vs. Buyer – Security Interest Remains on Collateral Purchased by Buyer, unless BFP
C. Secured vs. Judgment Lienholder – Judicial Lienholder > Secured (Pre-Perfection)
a. PMSI v. Judgment Lienholder – PMSI Filed in 20 Days > Judgment Lienholder (Pre-Lien)
D. Secured Party vs. Statutory Lien Claimant – Statutory Lien > Secured
E. General Hierarchy of Interests in Collateral:
a. Buyers in Ordinary Course of Business > HDCs >
b. PMSI > Perfected Secured Creditors + Lien Creditors >
i. Perfected Secured Creditor vs. Perfected Secured Creditor – First to File
ii. Perfected Secured Creditor vs. Lien creditor – First to Perfect or Attach
c. Unperfected Secured > Unperfected Secured – First to Attach
d. Debtor
Default
A. Self-Help – Only If It Doesn’t “Breach the Peace” (Almost Anything Will Breach the Peace)
B. Retention of Collateral – After Default and Repossession, Creditor May Keep Property and Not Resell if Debtor and Other Secured Creditors Do Not Object in 20 Days
C. Resale of Collateral Requirements – After Default, Secured Creditor Must: Notice + Reasonable
D. Failure to Comply w/ Resale Requirements – Presumption: Sale Proceeds = Amount of Debt
E. Right to Redeem – Debtor May Redeem Before Secured Party Resells
Fixture – Security Interest in Fixture NOT Valid Against Someone w/ Conflict Interest in the Real Property
Accession – Goods Physically United w/ Other Goods (Tires on Car)
A. Perfection – If Secured Interest Perfected When Collateral Becomes Accession, it Remains Perfected
B. Priority – Same Priority Rules Apply, Except Certificate of Title → Car > Accession
C. Removal of Fixture of Accession – If Fixture or Accession has Priority over the Whole, Holder May Remove Fixture or Accession from Whole Upon Default, but must reimburse for damage

[Jwashere]

^thank you.

[law62016]

By any chance does anybody have a code for adaptibar? I plan on doing multiplea all weekend and Kaplan's multiples feel like they just repeat now. Thanks ... oh and thanks above for the handy outline for articles 3 and 9 ...you rock

[not guilty]

By any chance does anybody have a code for adaptibar? I plan on doing multiplea all weekend and Kaplan's multiples feel like they just repeat now. Thanks ... oh and thanks above for the handy outline for articles 3 and 9 ...you rock

Yes, I messaged you.

[grixxlybear99]

FL Corps Question:

Barbri - Our Lecturer, the tone-deaf guy, said that If a corp doesn't obtain a certificate of authority and file annual reports w/ department of state, the corporation cannot file suit or defend itself in a florida court.

In some of the multiple choice questions, the answer says "foreign corporations that fail to obtain a certificate of authority to do business in Florida are only prevented from bringing suit in state court, not defending against suit." BUT THEN OTHERS SAY "the only possible sanctions for failing to timely file the annual report are involuntary dissolution AND barred from bringing or defending any action in FL courts". AND THE FLORIDA Statute 607.0505 says "A corporation, foreign corporation, or alien business organization which fails to have and continuously maintain a registered office and a registered agent as required in this section may not defend itself against any action instituted by the Department of Legal Affairs or by any other agency of this state until the requirements of this subsection have been met."

Fucking infuriating me right now. Barbri fucking my day up

long story short - if florida corp fails to file annual report, it is subject to voluntary dissolution and may not file suit or defend a suit in a florida court. learn the law barbri fuckers

[not guilty]

FL Corps Question:

Barbri - Our Lecturer, the tone-deaf guy, said that If a corp doesn't obtain a certificate of authority and file annual reports w/ department of state, the corporation cannot file suit or defend itself in a florida court.

In some of the multiple choice questions, the answer says "foreign corporations that fail to obtain a certificate of authority to do business in Florida are only prevented from bringing suit in state court, not defending against suit." BUT THEN OTHERS SAY "the only possible sanctions for failing to timely file the annual report are involuntary dissolution AND barred from bringing or defending any action in FL courts". AND THE FLORIDA Statute 607.0505 says "A corporation, foreign corporation, or alien business organization which fails to have and continuously maintain a registered office and a registered agent as required in this section may not defend itself against any action instituted by the Department of Legal Affairs or by any other agency of this state until the requirements of this subsection have been met."

Fucking infuriating me right now. Barbri fucking my day up

long story short - if florida corp fails to file annual report, it is subject to voluntary dissolution and may not file suit or defend a suit in a florida court. learn the law barbri fuckers

Am I reading this as defense of a suit from only an AGENCY or as defense of a suit from any random plaintiff?

[law62016]

So I have finally gotten to crim law/proc review and noticed that on the bar breakdown of heavily tested items juvenile delinquency and drugs are on there. Yeah, kaplan never touched on those subjects, and I just went through my books and there is a small blurb on jd and nothing on drugs (i.e, possession, trafficking etc) .. and the few things from barbri I have don't either. Does anybody have any info on these subjects.

[not guilty]

So I have finally gotten to crim law/proc review and noticed that on the bar breakdown of heavily tested items juvenile delinquency and drugs are on there. Yeah, kaplan never touched on those subjects, and I just went through my books and there is a small blurb on jd and nothing on drugs (i.e, possession, trafficking etc) .. and the few things from barbri I have don't either. Does anybody have any info on these subjects.

that's false about juvi.I don't think an actual juvi issue has even been on the bar yet.

as for "drugs" that is in crim law essays and it's just typically a search and seizure issue and then to a certain extent elements of crimes, i.e. what should a prosecutor file? Knowing amounts of drugs and sentencing might grab you some extra points, but they would only be extra.

crim pro is found in MC, but nothing about drugs.

[law62016]

So I have finally gotten to crim law/proc review and noticed that on the bar breakdown of heavily tested items juvenile delinquency and drugs are on there. Yeah, kaplan never touched on those subjects, and I just went through my books and there is a small blurb on jd and nothing on drugs (i.e, possession, trafficking etc) .. and the few things from barbri I have don't either. Does anybody have any info on these subjects.

that's false about juvi.I don't think an actual juvi issue has even been on the bar yet.

as for "drugs" that is in crim law essays and it's just typically a search and seizure issue and then to a certain extent elements of crimes, i.e. what should a prosecutor file? Knowing amounts of drugs and sentencing might grab you some extra points, but they would only be extra.

crim pro is found in MC, but nothing about drugs.

Awesome. Thank you. I never heard one professor talk about either, wasn't in any bar notes or lectures so I was a bit thrown. Thanks for the info.

[grixxlybear99]

So I have finally gotten to crim law/proc review and noticed that on the bar breakdown of heavily tested items juvenile delinquency and drugs are on there. Yeah, kaplan never touched on those subjects, and I just went through my books and there is a small blurb on jd and nothing on drugs (i.e, possession, trafficking etc) .. and the few things from barbri I have don't either. Does anybody have any info on these subjects.

that's false about juvi.I don't think an actual juvi issue has even been on the bar yet.

as for "drugs" that is in crim law essays and it's just typically a search and seizure issue and then to a certain extent elements of crimes, i.e. what should a prosecutor file? Knowing amounts of drugs and sentencing might grab you some extra points, but they would only be extra.

crim pro is found in MC, but nothing about drugs.

Awesome. Thank you. I never heard one professor talk about either, wasn't in any bar notes or lectures so I was a bit thrown. Thanks for the info.

I think all we need to know is drug trafficking is 25 pounds for marijuana, 1 ounce for cocaine and 4 g for heroin