Barbri paced program question? Forum

[The Egyptian]

-In joint tenancy, if one tenant defaults on a loan, and the creditor gets a judgment lien, the lien won't just be effective if recorded. It has to be executed during the life time of the debtor joint tenant. If the debtor, dies before that, the alive joint tenant(s) prevail against creditor.

Nice!

Another sweet fact i learned about JT's today:

A mortgage on a Joint Tenancy does NOT sever the joint tenancy in a Lien Theory (majority) state. However it will sever the JT in title theory states.


Hmmm . . . I wonder if we should site the source for independent verification.

Word!

Question # 17 - Real Property
A mother who died testate devised her farm to her son and her daughter as “joint tenants with right of survivorship.” The
language of the will was sufficient to create a common law joint tenancy with right of survivorship, which is unmodified
by statute in the jurisdiction. After the mother’s death and with the daughter’s permission, the son took sole possession of
the farm and agreed to pay the daughter a stipulated monthly rent.
Several years later, the son defaulted on a personal loan, and his creditor obtained a judgment against him for $30,000. The
creditor promptly and properly filed the judgment.
A statute of the jurisdiction provides: “Any judgment properly filed shall, for 10 years from filing, be a lien on the real
property then owned or subsequently acquired by any person against whom the judgment is rendered.”
Six months later, the son died.
There are no other applicable statutes.
Is the creditor entitled to enforce its judgment lien against the farm?

(A) No, because the daughter became sole owner of the farm free and clear of the creditor’s judgment lien when the son
died.
Correct. The recording of a judgment against a joint tenant with right of survivorship allows the judgment
creditor to obtain a writ of execution but does not effect a severance of the joint tenancy. The son’s creditor
failed to execute on the judgment against the son before his death, and the daughter, as the survivor, became the
sole owner of the farm.

(B) No, because the son’s interest was severed from the daughter’s interest upon the filing of the lien.

(C) Yes, because a joint tenancy cannot be created by devise, and the son died owning a 50% undivided interest in the
farm as a tenant in common.

(D) Yes, because the son died owning a 50% undivided interest in the farm as a joint tenant with the daughter.

[JJDancer]

-In joint tenancy, if one tenant defaults on a loan, and the creditor gets a judgment lien, the lien won't just be effective if recorded. It has to be executed during the life time of the debtor joint tenant. If the debtor, dies before that, the alive joint tenant(s) prevail against creditor.

I just learned this one too, from Emanuels as well.

I just learned that spousal immunity doesn't apply in a civil case. Maybe that was obvious to everyone but it was surprising to me

Omg you are confusing me....that does not sound right. Spousal immunity still applies in civil cases just not civil suits where the spouse is suing the other (divorce, custody)...RIGHT?!

Spousal Testimonial Privilege vs. Marital Communications

STP: only applies in criminal cases, the witness spouse has the right to refuse to testify against a current spouse (and may also not consent to being called to testify). Current spouse meaning after divorce you have to spill. Everything is protected, observations etc not just communications, and these include BEFORE AND DURING marriage. But if they participated in a crime together - no privilege.

MC: BOTH spouses can assert the privilege. So the "defendant" can stop the witness spouse from testifying too. Can be asserted re: communications with a former spouse during that marriage. As long as the communication was during marriage and made with a reasonable expectation of confidentiality.
- this can be usd for both civil and criminal cases but not in cases where one spouse is suing the other etc.

Quick overview/comparison here: http://mbetutorial.blogspot.com/2012/01 ... ilege.html

[lmr]

-In joint tenancy, if one tenant defaults on a loan, and the creditor gets a judgment lien, the lien won't just be effective if recorded. It has to be executed during the life time of the debtor joint tenant. If the debtor, dies before that, the alive joint tenant(s) prevail against creditor.

I just learned this one too, from Emanuels as well.

I just learned that spousal immunity doesn't apply in a civil case. Maybe that was obvious to everyone but it was surprising to me

Omg you are confusing me....that does not sound right. Spousal immunity still applies in civil cases just not civil suits where the spouse is suing the other (divorce, custody)...RIGHT?!

Spousal Testimonial Privilege vs. Marital Communications

STP: only applies in criminal cases, the witness spouse has the right to refuse to testify against a current spouse (and may also not consent to being called to testify). Current spouse meaning after divorce you have to spill. Everything is protected, observations etc not just communications, and these include BEFORE AND DURING marriage. But if they participated in a crime together - no privilege.

MC: BOTH spouses can assert the privilege. So the "defendant" can stop the witness spouse from testifying too. Can be asserted re: communications with a former spouse during that marriage. As long as the communication was during marriage and made with a reasonable expectation of confidentiality.
- this can be usd for both civil and criminal cases but not in cases where one spouse is suing the other etc.

Quick overview/comparison here: http://mbetutorial.blogspot.com/2012/01 ... ilege.html

Oh i see what i did there-thanks it's much clearer!

[jarofsoup]

I asked barbri to grade an extra essay and this is the response you get for paying nearly $1,000 to $2,000 over their competitors:

Hi [XXXXXXX],
Unfortunately BARBRI does not accept unassigned essays or pts for extra grading unless you have followed the below procedure:
Students must have completed all of the assigned essays and pts and be completely caught up on the assigned and optional Paced Program assignments.

Then you can contact our staff attorneys to ask that an essay or pt be assigned to you for grading. You can contact them by calling our office at: [XXXXX].

For the attached pt, I would recommend self-grading it using the model/checklist in your [X] Performance Test workbook until a staff attorney has assigned you additional essays.

Regards,


BARBRI

[jd20132013]

I'm looking directly at that question right now-divorced couple civil suit re insurance correct answer is that ex-wife cannot be called to testify against her ex-husband. Further, answer choice B is incorrect but privilege DOES apply to civil cases. Reread that question/answer.

Did you click on what I suggested? I know the question itself wasn't about that, the information I was talking about came in a discussion of a wrong answer

EDIT: Never mind I see it was cleared up

[jd20132013]

did everyone read all their Convisers as instructed? I have two more days of classes left and feel like my time is better spnt just watching the lecture and spending the time I'd spend reading doing essays and MBE questions.

[Stringer6]

did everyone read all their Convisers as instructed? I have two more days of classes left and feel like my time is better spnt just watching the lecture and spending the time I'd spend reading doing essays and MBE questions.

i haven't looked at the CMR in over a month

[alicrimson]

did everyone read all their Convisers as instructed? I have two more days of classes left and feel like my time is better spnt just watching the lecture and spending the time I'd spend reading doing essays and MBE questions.

i haven't looked at the CMR in over a month

I read them when they were assigned, but I've been so busy with the lectures and practice questions, I haven't really gone back and reviewed. My plan is to incorporate them into the next couple of study weeks, but only for the distinctions in the MBE subjects and for the Florida specific subjects, paying special attention to the subjects Florida allegedly tests in minute detail.

[Helpful]

did everyone read all their Convisers as instructed? I have two more days of classes left and feel like my time is better spnt just watching the lecture and spending the time I'd spend reading doing essays and MBE questions.

i haven't looked at the CMR in over a month

I read them when they were assigned, but I've been so busy with the lectures and practice questions, I haven't really gone back and reviewed. My plan is to incorporate them into the next couple of study weeks, but only for the distinctions in the MBE subjects and for the Florida specific subjects, paying special attention to the subjects Florida allegedly tests in minute detail.

If it's something that's infrequently tested I will just skim it for 10-20 minutes and maybe throw a few things that look important that weren't in the lecture into flash cards. Definitely not reviewing as in-depth as I did for MBE topics.

[LAWYER2]

An interesting nuance on Adverse Possession that I was unaware of is Boundary Line agreements.

Acquiescence of a fence or boundary by a land owner bounds subsequent owners. Requires (1) parties uncertain/unaware of true boundary, (2) express/implied agreement as to location, (3) possession that conforms to the agreement .

Remedy - possession awarded on agreed line, not actual

Source: Kaplan MBE question that the lecturer covered in review

[jd20132013]

how are people synthesizing what they learn from essay model answers?

I feel like I should be putting them into note cards or something but that would quickly get unwieldy. right now i'm putting all the relevant rules in a one note page...

[july14bar]

RE: Restrictive covenants running with the land (burdened party). What is an example of horizontal privity that would make a successor in interest to the burdened estate bound by a restrictive covenant?

For example: Benefited Party and Burdened Party create a valid restrictive covenant. Burdened Party dies, leaving the property to his heir, Successor to Burdened Party. Vertical privity is clear enough (inheritance of the property) but when would horizontal privity exist between Benefited Party and Successor to Burdened Party? What about horizontal privity between Successor to Benefited Party and Successor to Burdened Party?

[aquasalad]

RE: Restrictive covenants running with the land (burdened party). What is an example of horizontal privity that would make a successor in interest to the burdened estate bound by a restrictive covenant?

For example: Benefited Party and Burdened Party create a valid restrictive covenant. Burdened Party dies, leaving the property to his heir, Successor to Burdened Party. Vertical privity is clear enough (inheritance of the property) but when would horizontal privity exist between Benefited Party and Successor to Burdened Party? What about horizontal privity between Successor to Benefited Party and Successor to Burdened Party?

Horizontal privity would exist in your example between the original benefited party and burdened party assuming they have some relationship in the land other than the covenant, and that one instance of horizontal privity would suffice for your next two questions. That is all you need, it is only between the original parties.

"Horizontal privity is found if, at the time the original parties enter into the agreement, those parties share some interest in the subject land independent of the covenant (e.g. landlord and tenant, mortgagee and mortgagor, or holders of mutual easements)."

[adonai]

Another nuance is that privity exists between two parties when a common grantor exists e.g. A sells B one lot. A sells right to all lots to C. C and B are in privity. I don't know what kind of privity this would be called. The explanation to this answer just said they're in privity.

[july14bar]

RE: Restrictive covenants running with the land (burdened party). What is an example of horizontal privity that would make a successor in interest to the burdened estate bound by a restrictive covenant?

For example: Benefited Party and Burdened Party create a valid restrictive covenant. Burdened Party dies, leaving the property to his heir, Successor to Burdened Party. Vertical privity is clear enough (inheritance of the property) but when would horizontal privity exist between Benefited Party and Successor to Burdened Party? What about horizontal privity between Successor to Benefited Party and Successor to Burdened Party?

Horizontal privity would exist in your example between the original benefited party and burdened party assuming they have some relationship in the land other than the covenant, and that one instance of horizontal privity would suffice for your next two questions. That is all you need, it is only between the original parties.

"Horizontal privity is found if, at the time the original parties enter into the agreement, those parties share some interest in the subject land independent of the covenant (e.g. landlord and tenant, mortgagee and mortgagor, or holders of mutual easements)."

Beautiful. Thanks for clearing that up!

[bigstumpdriver]

What about stress the night before. Is it I'm bintresr

[The Egyptian]

An interesting nuance on Adverse Possession that I was unaware of is Boundary Line agreements.

Acquiescence of a fence or boundary by a land owner bounds subsequent owners. Requires (1) parties uncertain/unaware of true boundary, (2) express/implied agreement as to location, (3) possession that conforms to the agreement .

Remedy - possession awarded on agreed line, not actual

Source: Kaplan MBE question that the lecturer covered in review

Real Property/Evidence(Statements against interest)

Admissions of each joint owner are admissible against the other.
and
Admissions of a former owner of real property made at the time she held title are admissible against those claiming under (grantees, heirs, etc.)

Source: CMR

[jd20132013]

So basically there's no way to get the hardest MBE questions to practice with? The Emanuels/Adaptibar ar the easier of the lot?


sigh...

[Helpful]

At this point I am tempted to ignore the Paced Program entirely and just spend the rest of my time doing practice MBEs/essays. Outside of noting mistakes from this practice and reviewing the CMR/lecture notes for weak spots/concepts I don't get, I really don't plan at looking at the material. I don't know how useful reading the CMR again or doing amp for a subject would be. Anyone want to advise me on the wisdom of this strategy? Seems like there are way more essays/MBEs than I could possibly do, so it should take up pretty much all of my time if I do this.

[Stringer6]

At this point I am tempted to ignore the Paced Program entirely and just spend the rest of my time doing practice MBEs/essays. Outside of noting mistakes from this practice and reviewing the CMR/lecture notes for weak spots/concepts I don't get, I really don't plan at looking at the material. I don't know how useful reading the CMR again or doing amp for a subject would be. Anyone want to advise me on the wisdom of this strategy? Seems like there are way more essays/MBEs than I could possibly do, so it should take up pretty much all of my time if I do this.

well you can ignore the parts of the Program that you don't like. For example, I won't be doing any of the AMP or CMR assignments in the last few weeks, but I'm going to follow the rest and spend extra time on certain subjects as needed. I think the way the Program breaks down the subjects/days is useful, and there seems to be plenty of essays and MBE problems assigned.

[jd20132013]

At this point I am tempted to ignore the Paced Program entirely and just spend the rest of my time doing practice MBEs/essays. Outside of noting mistakes from this practice and reviewing the CMR/lecture notes for weak spots/concepts I don't get, I really don't plan at looking at the material. I don't know how useful reading the CMR again or doing amp for a subject would be. Anyone want to advise me on the wisdom of this strategy? Seems like there are way more essays/MBEs than I could possibly do, so it should take up pretty much all of my time if I do this.

this is the blind leading the blind but it makes sense to me. certainly the amps are a waste of time relative to mastering MBE stuff and getting a handle on how your hate tests essays.

[The Egyptian]

At this point I am tempted to ignore the Paced Program entirely and just spend the rest of my time doing practice MBEs/essays. Outside of noting mistakes from this practice and reviewing the CMR/lecture notes for weak spots/concepts I don't get, I really don't plan at looking at the material. I don't know how useful reading the CMR again or doing amp for a subject would be. Anyone want to advise me on the wisdom of this strategy? Seems like there are way more essays/MBEs than I could possibly do, so it should take up pretty much all of my time if I do this.

this is the blind leading the blind but it makes sense to me. certainly the amps are a waste of time relative to mastering MBE stuff and getting a handle on how your hate tests essays.

I'd say test yourself quickly with amp. If you cut through them quickly and al correct, then you are good. If, not, use them to tackle down what you are weak at.

Good luck

[LAWYER2]

An interesting nuance on Adverse Possession that I was unaware of is Boundary Line agreements.

Acquiescence of a fence or boundary by a land owner bounds subsequent owners. Requires (1) parties uncertain/unaware of true boundary, (2) express/implied agreement as to location, (3) possession that conforms to the agreement .

Remedy - possession awarded on agreed line, not actual

Source: Kaplan MBE question that the lecturer covered in review

Real Property/Evidence(Statements against interest)

Admissions of each joint owner are admissible against the other.
and
Admissions of a former owner of real property made at the time she held title are admissible against those claiming under (grantees, heirs, etc.)

Source: CMR

Traditional one-person-one-vote principles do not apply to special Limited Purpose Voting districts, such as water storage districts.
Voting can be limited to landowners only, I.e., those w/ direct interest in the outcome of the vote

Source: Kaplan MBE Review

[The Egyptian]

An interesting nuance on Adverse Possession that I was unaware of is Boundary Line agreements.

Acquiescence of a fence or boundary by a land owner bounds subsequent owners. Requires (1) parties uncertain/unaware of true boundary, (2) express/implied agreement as to location, (3) possession that conforms to the agreement .

Remedy - possession awarded on agreed line, not actual

Source: Kaplan MBE question that the lecturer covered in review

Real Property/Evidence(Statements against interest)

Admissions of each joint owner are admissible against the other.
and
Admissions of a former owner of real property made at the time she held title are admissible against those claiming under (grantees, heirs, etc.)

Source: CMR

Traditional one-person-one-vote principles do not apply to special Limited Purpose Voting districts, such as water storage districts.
Voting can be limited to landowners only, I.e., those w/ direct interest in the outcome of the vote

Source: Kaplan MBE Review

Although fire arms control regulations among states comes controlled by Commerce powers. Possession of a fire arm in a public school zone was not deemed a unconstitutional since there is not sunstantial nexus between intrastate commerce and guns in school (Affectation Doctrine) US vs. Lopez

While,

An entirely intrastate activity by a private citizen within his own property can be deemed unconstitutional if it has any mere effect on interstate commerce. (Cumulative impact doctrine) ie, a landowner was wheat only for his personal consumption since it has a remote effect on interstate commerce. Commerce clause applies.

Source: Steven Palmer Audio

[LAWYER2]

An interesting nuance on Adverse Possession that I was unaware of is Boundary Line agreements.

Acquiescence of a fence or boundary by a land owner bounds subsequent owners. Requires (1) parties uncertain/unaware of true boundary, (2) express/implied agreement as to location, (3) possession that conforms to the agreement .

Remedy - possession awarded on agreed line, not actual

Source: Kaplan MBE question that the lecturer covered in review

Real Property/Evidence(Statements against interest)

Admissions of each joint owner are admissible against the other.
and
Admissions of a former owner of real property made at the time she held title are admissible against those claiming under (grantees, heirs, etc.)

Source: CMR

Traditional one-person-one-vote principles do not apply to special Limited Purpose Voting districts, such as water storage districts.
Voting can be limited to landowners only, I.e., those w/ direct interest in the outcome of the vote

Source: Kaplan MBE Review

Although fire arms control regulations among states comes controlled by Commerce powers. Possession of a fire arm in a public school zone was not deemed a unconstitutional since there is not sunstantial nexus between intrastate commerce and guns in school (Affectation Doctrine) US vs. Lopez

While,

An entirely intrastate activity by a private citizen within his own property can be deemed unconstitutional if it has any mere effect on interstate commerce. (Cumulative impact doctrine) ie, a landowner was wheat only for his personal consumption since it has a remote effect on interstate commerce. Commerce clause applies.

Source: Steven Palmer Audio

Mortgage Exoneration on Devised Property
(majority) liens on specifically devised property are NOT exonerated unless will so directs
(minority) CL - beneficiary entitled to exoneration where testator has made a specific bequest of property subject to a mortgage.

Source: Kaplan MBE final review