BarBri - NY Exam - July 2014 Forum

[PennBull]

i didn't watch the part of the wills lecture on RAP. would it be a HUGE gamble to not listen to it at this point considering it was just tested in the winter and apparently comes up every 10 years? i know no one knows what will be on this exam, but have folks been studying that part of the lecture intently/was it too difficult in the first instance to even be worth me trying to understand the concept this late in the game?

i just have to much else to cover...just wondering what people who have heard that part of the lecture think...

thanks

There's a ten step attack box in the lecture handout

I'd memorize that and give it a college try on an essay but that's it

[thetashster]

i didn't watch the part of the wills lecture on RAP. would it be a HUGE gamble to not listen to it at this point considering it was just tested in the winter and apparently comes up every 10 years? i know no one knows what will be on this exam, but have folks been studying that part of the lecture intently/was it too difficult in the first instance to even be worth me trying to understand the concept this late in the game?

i just have to much else to cover...just wondering what people who have heard that part of the lecture think...

thanks

LOL rap. NOPE. ain't nobody got time

[MissLucky]

i didn't watch the part of the wills lecture on RAP. would it be a HUGE gamble to not listen to it at this point considering it was just tested in the winter and apparently comes up every 10 years? i know no one knows what will be on this exam, but have folks been studying that part of the lecture intently/was it too difficult in the first instance to even be worth me trying to understand the concept this late in the game?

i just have to much else to cover...just wondering what people who have heard that part of the lecture think...

thanks

There's a ten step attack box in the lecture handout

I'd memorize that and give it a college try on an essay but that's it

Perfect - thanks guys!

[AP-375]

Reading the NY bar's actual essays and their superior answers has become my new happy place. If obviously made up BS can be superior, I'm just sitting here so happy.

[thetashster]

i didn't watch the part of the wills lecture on RAP. would it be a HUGE gamble to not listen to it at this point considering it was just tested in the winter and apparently comes up every 10 years? i know no one knows what will be on this exam, but have folks been studying that part of the lecture intently/was it too difficult in the first instance to even be worth me trying to understand the concept this late in the game?

i just have to much else to cover...just wondering what people who have heard that part of the lecture think...

thanks

There's a ten step attack box in the lecture handout

I'd memorize that and give it a college try on an essay but that's it

Perfect - thanks guys!

note also that Erica Fine said that if we run out of time we really only need 4 steps. 6 steps if we really wanna try. and 10 if we've got the time.

[turquoiseturtle]

I'm not trying to memorize any RAP/Wills stuff. I figure everyone else will be lost and confused and making things up too. Also, not really bothering with secured transactions, workers comp (especially since they tested it last summer), no-fault insurance etc... I figure I know enough to recognize when they're asking about those issues and no one knows that much about those anyway.

As mentioned by someone else above, it really does seem like they've narrowed it down a ton. The essay questions get really repetitive once you've read 60 or 70. Sort of like how I would describe the Barbri mixed sets. Like a solid 60% of the essays is easy, repetitive stuff that they test over and over and over again (elective share! specific gifts adeem! directors have a duty of loyalty!). Then like 30% of the stuff is a little more random and varied (will they test elements of crimes at all?). Then the remaining 10% is just straight up ridiculous and basically no one is going to know (like that adoption portion of the earlier assigned essay). I've really been focusing 80% of my time on the stuff that is very repetitive with about 20% of my time on the remaining 30%. Totally letting go of the crazy 10% and accepting that I'll just make it up when the times comes.

[Guchster]

I'm not trying to memorize any RAP/Wills stuff. I figure everyone else will be lost and confused and making things up too. Also, not really bothering with secured transactions, workers comp (especially since they tested it last summer), no-fault insurance etc... I figure I know enough to recognize when they're asking about those issues and no one knows that much about those anyway.

As mentioned by someone else above, it really does seem like they've narrowed it down a ton. The essay questions get really repetitive once you've read 60 or 70. Sort of like how I would describe the Barbri mixed sets. Like a solid 60% of the essays is easy, repetitive stuff that they test over and over and over again (elective share! specific gifts adeem! directors have a duty of loyalty!). Then like 30% of the stuff is a little more random and varied (will they test elements of crimes at all?). Then the remaining 10% is just straight up ridiculous and basically no one is going to know (like that adoption portion of the earlier assigned essay). I've really been focusing 80% of my time on the stuff that is very repetitive with about 20% of my time on the remaining 30%. Totally letting go of the crazy 10% and accepting that I'll just make it up when the times comes.

If they test RAP/Wills it's going to fall into the 10% category you laid out because if that was a major issue writing "LOL" for parts 1, 2, 3(a)/3(b) would have to enough to get scaled to a 50 because tens of thousands of people do not understand it, and I have zero problem missing part 2(d) of a question if it was a tangential issue.

[Helpful]

I'm not trying to memorize any RAP/Wills stuff. I figure everyone else will be lost and confused and making things up too. Also, not really bothering with secured transactions, workers comp (especially since they tested it last summer), no-fault insurance etc... I figure I know enough to recognize when they're asking about those issues and no one knows that much about those anyway.

As mentioned by someone else above, it really does seem like they've narrowed it down a ton. The essay questions get really repetitive once you've read 60 or 70. Sort of like how I would describe the Barbri mixed sets. Like a solid 60% of the essays is easy, repetitive stuff that they test over and over and over again (elective share! specific gifts adeem! directors have a duty of loyalty!). Then like 30% of the stuff is a little more random and varied (will they test elements of crimes at all?). Then the remaining 10% is just straight up ridiculous and basically no one is going to know (like that adoption portion of the earlier assigned essay). I've really been focusing 80% of my time on the stuff that is very repetitive with about 20% of my time on the remaining 30%. Totally letting go of the crazy 10% and accepting that I'll just make it up when the times comes.

This is basically my approach as well. I think stressing too much about the "10%" is actually probably a good way to miss the bigger picture and lose points rather than be "comprehensive."

[5ky]

Highly recommend saving yourself the grief and not learning RAP at all

[TrustMeI'mAnActress]

Highly recommend saving yourself the grief and not learning RAP at all

5ky - Have you already taken the Bar? Or do you just know everything? (not meant sarcastically - you're very helpful!)

[5ky]

Highly recommend saving yourself the grief and not learning RAP at all

5ky - Have you already taken the Bar? Or do you just know everything? (not meant sarcastically - you're very helpful!)

Yeah, I took it last year w/Barbri. Good memories (cough)

[TrustMeI'mAnActress]

Highly recommend saving yourself the grief and not learning RAP at all

5ky - Have you already taken the Bar? Or do you just know everything? (not meant sarcastically - you're very helpful!)

Yeah, I took it last year w/Barbri. Good memories (cough)

Haha well thanks for sharing your wisdom! You think Mixed Sets are the way to go?

[PennBull]

I'm making flash cards for most of everything now, and tomorrow I'm going to go through them a) and if something is in that ten percent I'm just gonna throw it away haha

[turquoiseturtle]

I'm making flash cards for most of everything now, and tomorrow I'm going to go through them a) and if something is in that ten percent I'm just gonna throw it away haha

Oooh good idea. That would be really satisfying. I might copy you.

[PennBull]

Yeah I've been going rogue off the barbri schedule this past week. This is what I've done:

Wake up, do 50 MBE at home. Make a flash card for every rule I didn't know whether I got it right or wrong.

Go to school to study

Make flash cards for a subject. The three day classes usually take me three hours because I try to understand the stuff as I go. One day classes take me like 20 minutes because I don't give a fuck

When I finish a subject, I look at all of the essay answers that have that topic from the table of contents. I don't read the whole damn question, I just look at the relevant portions of answers. Make sure I understand the rule statements and organization. Make sure my flash cards represent that.

Around 6 I'll spend an hour doing the cards just to get a little more familiar but I'm not retaining much

Go home

Play Xbox for two hours

Skype my girlfriend and thank her for putting up with me

Do MBE questions on the barbri app till I fall asleep (usually takes literally ten minutes haha)

[greenjuice]

Q: can a witness to a will testify as to whether a testator was mentally competent at the time she signed her will? I just read some sample student answers that say you can (question 60) but I vaguely remember a sample Barbri answer in one of the earlier essays that said they couldn't, but can't find it now.

Thanks!

[thetashster]

Q: can a witness to a will testify as to whether a testator was mentally competent at the time she signed her will? I just read some sample student answers that say you can (question 60) but I vaguely remember a sample Barbri answer in one of the earlier essays that said they couldn't, but can't find it now.

Thanks!

yep!

[Guchster]

Q: can a witness to a will testify as to whether a testator was mentally competent at the time she signed her will? I just read some sample student answers that say you can (question 60) but I vaguely remember a sample Barbri answer in one of the earlier essays that said they couldn't, but can't find it now.

Thanks!

Barbri Answer 43 allowed two witnesses at the execution to testify that the testator was "alert and lucid" when she executed the will. I think the answer is yes. Isn't that what witnesses are there for?

[encore1101]

Q: can a witness to a will testify as to whether a testator was mentally competent at the time she signed her will? I just read some sample student answers that say you can (question 60) but I vaguely remember a sample Barbri answer in one of the earlier essays that said they couldn't, but can't find it now.

Thanks!

Barbri Answer 43 allowed two witnesses at the execution to testify that the testator was "alert and lucid" when she executed the will. I think the answer is yes. Isn't that what witnesses are there for?

And to make sure its the right person signing the will.

[Guchster]

Does anyone know which defenses in NY are affirmative versus ordinary defenses? Is there a resource somewhere with that information or some outline? I'm trying to figure out more ordinary defenses and I don't know any. I noticed on a few of the criminal law essays they pointed it out.

If you know any off the top of your head that I can write down that would be great. If no one knows, maybe add to this list?

Ordinary Defenses:
Justification (i.e., self-defense)

Affirmative Defenses:
Duress (includes homicide)
Entrapment
Assuming control of the victim
Withdrawal (solicitation and conspiracy)
Abandonment (attempt)

[thetashster]

Does anyone know which defenses in NY are affirmative versus ordinary defenses? Is there a resource somewhere with that information or some outline? I'm trying to figure out more ordinary defenses and I don't know any. I noticed on a few of the criminal law essays they pointed it out.

If you know any off the top of your head that I can write down that would be great. If no one knows, maybe add to this list?

Ordinary Defenses:
Justification (i.e., self-defense)

Affirmative Defenses:
Duress (includes homicide)
Entrapment
Assuming control of the victim
Withdrawal (solicitation and conspiracy)
Abandonment (attempt)

R- claim of right
A- alibi
I- infancy
N- necessity
S- self-defense/justification

Edit: also added to Affirmative: insanity

[Guchster]

Q: can a witness to a will testify as to whether a testator was mentally competent at the time she signed her will? I just read some sample student answers that say you can (question 60) but I vaguely remember a sample Barbri answer in one of the earlier essays that said they couldn't, but can't find it now.

Thanks!

Barbri Answer 43 allowed two witnesses at the execution to testify that the testator was "alert and lucid" when she executed the will. I think the answer is yes. Isn't that what witnesses are there for?

And to make sure its the right person signing the will.

Speaking of witnesses, based on the CMR, it's super confusing whether you actually need them to probate a will.

Basically the rule seems to be that if you can get both witnesses you need them, if you can only get one (because the other is unavailable) then that's okay, and if you have no witnesses then a self-proving affidavit obvi will work in that case too, and if you don't have that--well, it's okay too as long as the court believes the will to be okay. Or am I just a basic?

[Guchster]

Does anyone know which defenses in NY are affirmative versus ordinary defenses? Is there a resource somewhere with that information or some outline? I'm trying to figure out more ordinary defenses and I don't know any. I noticed on a few of the criminal law essays they pointed it out.

If you know any off the top of your head that I can write down that would be great. If no one knows, maybe add to this list?

Ordinary Defenses:
Justification (i.e., self-defense)

Affirmative Defenses:
Duress (includes homicide)
Entrapment
Assuming control of the victim
Withdrawal (solicitation and conspiracy)
Abandonment (attempt)

R- claim of right
A- alibi
I- infancy
N- necessity
S- self-defense/justification

wot that's bad ass.

Did I miss that somewhere? Also, are you a stenographer or trained in record keeping/librarian sciences?

[harmonep07]

Does anyone know which defenses in NY are affirmative versus ordinary defenses? Is there a resource somewhere with that information or some outline? I'm trying to figure out more ordinary defenses and I don't know any. I noticed on a few of the criminal law essays they pointed it out.

If you know any off the top of your head that I can write down that would be great. If no one knows, maybe add to this list?

Ordinary Defenses:
Justification (i.e., self-defense)

Affirmative Defenses:
Duress (includes homicide)
Entrapment
Assuming control of the victim
Withdrawal (solicitation and conspiracy)
Abandonment (attempt)

R- claim of right
A- alibi
I- infancy
N- necessity
S- self-defense/justification

wot that's bad ass.

Did I miss that somewhere? Also, are you a stenographer or trained in record keeping/librarian sciences?

There's the non-slayer defense to felony murder that was on the essay assigned today. There are a few others too that take the crime down a degree, like the EED defense and showing your gun wasn't loaded for Robbery-1.

[thetashster]

Does anyone know which defenses in NY are affirmative versus ordinary defenses? Is there a resource somewhere with that information or some outline? I'm trying to figure out more ordinary defenses and I don't know any. I noticed on a few of the criminal law essays they pointed it out.

If you know any off the top of your head that I can write down that would be great. If no one knows, maybe add to this list?

Ordinary Defenses:
Justification (i.e., self-defense)

Affirmative Defenses:
Duress (includes homicide)
Entrapment
Assuming control of the victim
Withdrawal (solicitation and conspiracy)
Abandonment (attempt)

R- claim of right
A- alibi
I- infancy
N- necessity
S- self-defense/justification

wot that's bad ass.

Did I miss that somewhere? Also, are you a stenographer or trained in record keeping/librarian sciences?

haha what why?

also: insanity and EED for affirmative defenses