February 2015 Bar Exam Forum

[WORLDSTAR]

Also, dude who knows a lot about secured transactions. What are the questions we are most likely going to be asked?

I could definitely see NY going above & beyond by writing a hypo concerning a divorce action where the attorney took a security interest in marital property to secure his fee... that's family law, professional responsibility, and secured transactions all in one hypo

[WORLDSTAR]

I'm so annoyed with exam day policies

no mechanical pencils on MBE day. I haven't used a regular pencil in years. I'm bringing 12 sharpened DTs and smuggling in a small sharpener just in case (duct taped to my thigh next to my flask).

[minnbills]

I can't bring ANY pencils/pens to my exam. Hell, I can't even bring my coat (it's about -5 degrees out in MN BTW) nor can I bring a bag for my laptop.

[cooperlaserpup]

Also, dude who knows a lot about secured transactions. What are the questions we are most likely going to be asked?

I could definitely see NY going above & beyond by writing a hypo concerning a divorce action where the attorney took a security interest in marital property to secure his fee... that's family law, professional responsibility, and secured transactions all in one hypo

I kind of doubt it. I've now read over 200 practice essays, about half of them essays from past administrations, and I've never seen that sort of cross over. In my opinion the essays are detailed and comprehensive, but always straightforward. They don't seem to try and "trick" you, and the scenario you posited would definitely be pretty tricky.

[fslexcduck]

I decided to up the IPA ante and spring for dogfish head 90 minute imperial IPA. Who's gonna rise to the occasion with me?

[fslexcduck]

I could definitely see NY going above & beyond by writing a hypo concerning a divorce action where the attorney took a security interest in marital property to secure his fee... that's family law, professional responsibility, and secured transactions all in one hypo

I kind of doubt it. I've now read over 200 practice essays, about half of them essays from past administrations, and I've never seen that sort of cross over. In my opinion the essays are detailed and comprehensive, but always straightforward. They don't seem to try and "trick" you, and the scenario you posited would definitely be pretty tricky.

well FWIW, it's explicitly in the outline I have, and the rule is that informed consent of both parties + court approval in order to take security interest in marital property in a marital action. If it's on a house, it should be noted in the title. Has priority over anything that it obviously has priority over. BOOM there you have it, ESSAY ANSWERED.

BRING ON MORE HYPOS, I'M A COUPLE BEERS IN AND I'M NOT SCARED OF SHIT

[abogadesq]

Anybody bringing adult diapers?

[WORLDSTAR]

Anybody bringing adult diapers?

nah, I have http://www.amazon.com/gp/product/B003LZOB6U

[BlueDiamond]

I haven't posted on this site in a long time, but I signed up for this then accepted a job that doesn't require that I pass the bar. I have not looked at a single thing. Should I even bother showing up or am I almost destined to fail? If it makes any difference, it's the MA exam.

[jarofsoup]

I haven't posted on this site in a long time, but I signed up for this then accepted a job that doesn't require that I pass the bar. I have not looked at a single thing. Should I even bother showing up or am I almost destined to fail? If it makes any difference, it's the MA exam.

Fuck it. Show up.

[minnbills]

Are you guys bringing lunches or going out?

[fslexcduck]

haha what a boss. if you have taken a bar in another state and/or you went to a decent law school and paid attention and have an exceptional memory, your odds are about 15% to pass. absent one of those conditions, i'd guess you're <3% to pass.

[numbertwo88]

I'm so annoyed with exam day policies

no mechanical pencils on MBE day. I haven't used a regular pencil in years. I'm bringing 12 sharpened DTs and smuggling in a small sharpener just in case (duct taped to my thigh next to my flask).

Same where I am - it's fucking ridiculous. I'm bringing 6 and then I figure I can "touch them up" on my lunch breaks.

I can't bring ANY pencils/pens to my exam. Hell, I can't even bring my coat (it's about -5 degrees out in MN BTW) nor can I bring a bag for my laptop.

Does MN provide you with all of then pencils/pens you need? That's really special. I also can't bring a coat, in MA. Also, can't wear a hoodie.

I haven't posted on this site in a long time, but I signed up for this then accepted a job that doesn't require that I pass the bar. I have not looked at a single thing. Should I even bother showing up or am I almost destined to fail? If it makes any difference, it's the MA exam.

You should show up. If you'd paid and all that jazz, might as well. Definitely no harm comes from it. If you're good with the MBE subjects at the very least you should be relatively good.

[Holly Golightly]

Are you guys bringing lunches or going out?

I'll be hitting up the exciting mall food court across the street from where our exam is.

[BlueDiamond]

haha what a boss. if you have taken a bar in another state and/or you went to a decent law school and paid attention and have an exceptional memory, your odds are about 15% to pass. absent one of those conditions, i'd guess you're <3% to pass.

I'm absent both of those. BC grad with below median grades and never taken another bar exam. Very excited that I never have to practice law as I don't think I would enjoy the work. But at the same time thinking what someone a few posts up said.. may as well go and do it. It would be that or the gym, Fifa, and rewatching House of Cards seasons one and two in preparation for the 27th.

I'm decent with the MBE type topics, but have no idea what they even test on the MA specific stuff.

[fslexcduck]

i'm not sure if a future employer would count it against you to have "taken it once and failed." that's the only reason i can see to skip it. well, that, and FIFA/House of Cards, which sounds like a much better use of the two days. honestly I think you're drawing dead (meaning no shot), just IMO.

If you need me to recommend you other good TV, I have a whole long list Starting with Broad City, The Americans, and other stuff everyone already knows about.

[TheFutureLawyer]

x

[numbertwo88]

Are you guys bringing lunches or going out?

Combination. My mom sent me a care package of fruit, nuts, and turkey & beef jerky that I'll be stashing in the hotel to eat during break; so I'll kinda be "going out" only not really. There aren't many places near the site in Boston save for hotel restaurants/bars and some farther away places insane people might walk to.

I'm absent both of those. BC grad with below median grades and never taken another bar exam. Very excited that I never have to practice law as I don't think I would enjoy the work. But at the same time thinking what someone a few posts up said.. may as well go and do it. It would be that or the gym, Fifa, and rewatching House of Cards seasons one and two in preparation for the 27th.

I'm decent with the MBE type topics, but have no idea what they even test on the MA specific stuff.

Definitely take it. The way my Themis advisor explained it ... if you do decent on the MBE to get at least a 135 and then at least do stellar on at least 5 or 6 of the 10 essays you'll have the 135 and 135 + 135 = 270 and a passing score. That is of course assuming MA isn't dumb as hell and does more state specific law than anything else on the essays. Might as well try.

[WORLDSTAR]

I haven't posted on this site in a long time, but I signed up for this then accepted a job that doesn't require that I pass the bar. I have not looked at a single thing. Should I even bother showing up or am I almost destined to fail? If it makes any difference, it's the MA exam.

also, if you're as screwed as you think (you're probably not), you'd be helping us all out by lowering the average

[jarofsoup]

So i am a bit confused what can i bring to the test center in NY.A jacket?

[redblueyellow]

Wait, what? No mechanical pencils?!

[ilovetypos]

Going to chill out the rest of the evening. Good luck everyone! We got this!

[YibanRen]

Okay, you bros helped with Secured Transactions, let me help with two others that most probably aren't studying:

First, Conflict of Law. (you may get a jurisdictional question or a fed-state, or foreign, but unlikely). Basically just know interstate choice of law rules:

All you need to know (add anything I'm missing):

Vested Rights Approach: Apply law of forum where rights vested, First, if Substantive issue: characterize based upon torts (where injury occurred), or contracts (where K was made, choice of law provision controls). If procedural: apply forum's law. IF conflict between any of the above, apply both rules.

Government Interest Approach: Default: Forum's Own Law, but if party requests, Policies of both current and other forums are reviewed. If only one forum's interests is fulfilled, then apply the policies of that forum ("false conflict"). If both states have interests that are being served ("true conflict"), apply the the current forum's law. In other cases, apply the law of the current forum (and use terms like "disinterested," or "un-provided-for" cases).

Most Significant Relationship Test: T/O has most significant relationship (based upon torts or contracts connections, just name some). IF more than one T/O state, Apply some "controlling principles" (There are a bunch, but just state three: "Predictability and Uniformity" the rules from the "government interest test," and protection of "justified expectations" (like if a K is involved)).

Additional stuff: Torts (just remember to look at where the injury occurred and talk through it as if you know what is going on), Contracts (if this seems to be a big fact pattern issue, discuss enforceability of choice-of-law (assume enforceability unless issue beyond parties freed to contract and against public policy or state has no relationship to parties or transaction), Foreign Judgments Enforcement: Treaty, then State law governs, usually enforce it.

[YibanRen]

Next, Family Law:

Remember two phrases:

"Every issue is committed to the discretion of the court, so anything else the court deems appropriate"

and

"Adjudicate by the best interests of the child standard"

Most issues can be resolved by these two standards, or are obvious, or too gross to bring up, but there are some specific tests:

Annulment: Void(can't waive)/Voidable (Curable by cohabitation after the impediment is removed).

Divorce: No-fault: separation and no-cohabitation. Adultery (opportunity and inclination).

Economic issues: Categorize separate property, martial property, and distribution based upon discretionary factors.

Termination of parental rights: full due process, unfit by clear and convincing evidence standard, best interests of the child.

Setting aside a prenup: validity of writing, unconscionable, product of duress, also, relative sophistication/understanding of parties. Any other defenses to Ks.

[cooperlaserpup]

haha what a boss. if you have taken a bar in another state and/or you went to a decent law school and paid attention and have an exceptional memory, your odds are about 15% to pass. absent one of those conditions, i'd guess you're <3% to pass.

I'm absent both of those. BC grad with below median grades and never taken another bar exam. Very excited that I never have to practice law as I don't think I would enjoy the work. But at the same time thinking what someone a few posts up said.. may as well go and do it. It would be that or the gym, Fifa, and rewatching House of Cards seasons one and two in preparation for the 27th.

I'm decent with the MBE type topics, but have no idea what they even test on the MA specific stuff.

The only way in which this could ever backfire: Somewhere down the line you pass the bar for a job that requires it in another state. You practice there for 5+ years. Then you want to move back to MA. You try to waive on on motion. Since you previously failed the bar, you will not be allowed to do so.

If this isn't a realistic possibility for you, then sure, take it, why the fuck not. Be that guy who looks completely relaxed and makes everyone else nervous