BarBri - NY Exam - July 2014 Forum

[thetashster]

Oh ok nevermind, I can totally do that

People just keep mentioning getting 6s for scores as fucking perfect but that's just like, the highest reasonable score, right?

60% on MBE
37% on essays
25% on NYMC

I can totally do that

i just started reading about people who failed. that was a bad bad bad idea.

OH NO! DON'T DO THAT! I did that last week and it freaked me out. Just realize that if you're scoring higher than a 30/50 on the mixed sets and can rack up like 2-3 points per essay (but knock the MPT out of the park), you're going to be more than fine.

i had to stop doing barbri questions a couple weeks ago. i don't think i've done a mixed set. i started doing emanuels and the ncbes. and yet i'm still reading about fails. WHY AM I DOING THIS

[Zindras]

What exactly is needed to create a constructive trust in the following hypothetical?

A conveys title to B for a purpose other than a gift. Years later, A requests that B reconvey the land back to him.

Do you need (1) a special relationship, (2) wrongdoing, and (3) unjust enrichment? Or just clear and convincing evidence that B promised to reconvey?

[thetashster]

What exactly is needed to create a constructive trust in the following hypothetical?

A conveys title to B for a purpose other than a gift. Years later, A requests that B reconvey the land back to him.

Do you need (1) a special relationship, (2) wrongdoing, and (3) unjust enrichment? Or just clear and convincing evidence that B promised to reconvey?

if you're talking about a PMRT, you're gonna need clear and convincing evidence that B expressly or impliedly promised to reconvey (at least in NY).

[Zindras]

What exactly is needed to create a constructive trust in the following hypothetical?

A conveys title to B for a purpose other than a gift. Years later, A requests that B reconvey the land back to him.

Do you need (1) a special relationship, (2) wrongdoing, and (3) unjust enrichment? Or just clear and convincing evidence that B promised to reconvey?

if you're talking about a PMRT, you're gonna need clear and convincing evidence that B expressly or impliedly promised to reconvey (at least in NY).

Yeah that's what I thought, but then I looked at Question 50 (Issue 3)'s released answers. I've never seen this "special relationship" requirement before. I guess I'll throw it all in there.

[thetashster]

What exactly is needed to create a constructive trust in the following hypothetical?

A conveys title to B for a purpose other than a gift. Years later, A requests that B reconvey the land back to him.

Do you need (1) a special relationship, (2) wrongdoing, and (3) unjust enrichment? Or just clear and convincing evidence that B promised to reconvey?

if you're talking about a PMRT, you're gonna need clear and convincing evidence that B expressly or impliedly promised to reconvey (at least in NY).

Yeah that's what I thought, but then I looked at Question 50 (Issue 3)'s released answers. I've never seen this "special relationship" requirement before. I guess I'll throw it all in there.

Ooh okay yeah I understand now. There needs to be a confidential or fiduciary relationship. This is different than a pmrt. Yeah. So the essay response is right. But it's a very limited remedy I think.

[Guchster]

What exactly is needed to create a constructive trust in the following hypothetical?

A conveys title to B for a purpose other than a gift. Years later, A requests that B reconvey the land back to him.

Do you need (1) a special relationship, (2) wrongdoing, and (3) unjust enrichment? Or just clear and convincing evidence that B promised to reconvey?

if you're talking about a PMRT, you're gonna need clear and convincing evidence that B expressly or impliedly promised to reconvey (at least in NY).

Yeah that's what I thought, but then I looked at Question 50 (Issue 3)'s released answers. I've never seen this "special relationship" requirement before. I guess I'll throw it all in there.

Hmm... . I though to have a constructive trust for an oral trust of land you ALWAYS needed: (i) a confidential relationship; (ii) a promise to convey; (iii) transfer in reliance; (iv) breach and unjust enrichment.

It's on Page 9 of the CMR; Section 5 in the New York outline

[PennBull]

Yeah it's basically the situation where you convey property to someone you really trust so they can hold onto it for a little while and then you'll get it back and then when that time comes to give it back they're like PSYCH!

[Zindras]

What exactly is needed to create a constructive trust in the following hypothetical?

A conveys title to B for a purpose other than a gift. Years later, A requests that B reconvey the land back to him.

Do you need (1) a special relationship, (2) wrongdoing, and (3) unjust enrichment? Or just clear and convincing evidence that B promised to reconvey?

if you're talking about a PMRT, you're gonna need clear and convincing evidence that B expressly or impliedly promised to reconvey (at least in NY).

Yeah that's what I thought, but then I looked at Question 50 (Issue 3)'s released answers. I've never seen this "special relationship" requirement before. I guess I'll throw it all in there.

Hmm... . I though to have a constructive trust for an oral trust of land you ALWAYS needed: (i) a confidential relationship; (ii) a promise to convey; (iii) transfer in reliance; (iv) breach and unjust enrichment.

It's on Page 9 of the CMR; Section 5 in the New York outline

Yeah I was confusing it with a PMRT. The trusts lecture didn't go into much detail about the various forms of constructive trusts. Thanks!

[Guchster]

Also, no PMRTs in New York. Oral trusts to transfer land (induced by a crook) can be struck down by (i) fraud in the inducement and (ii) oral promises where there is a confidential relationship with the grantor.

[harmonep07]

Also, no PMRTs in New York. Oral trusts to transfer land (induced by a crook) can be struck down by (i) fraud in the inducement and (ii) oral promises where there is a confidential relationship with the grantor.

No PMRTs EXCEPT for the purchaser's creditors, to the extent necessary to satisfy their claims. The PMRT situation is presumed fraudulent (i.e., for the purpose of avoiding creditors).

Also, yeah, fraud in the inducement. Which, I guess requires that the transferor had no intent to reconvert when he promised to. What confuses me about this is the whole equitable mortgage situation. I remember P. Franzese saying (singing?) that you can introduce extrinsic proof to show that a mortgage was intended rather than an outright conveyance. But, what good does it do of you can't have a constructive trust imposed absent fraud.

[turquoiseturtle]

are u saying there's a way I can use this to get my state's minimums too?

Oh sorry I didn't see you typed the word state because bar prep has left me partially illiterate.

But in those links you can find the MBE raw to scale conversion per MBE year.

sadly no way to know how anybody's essays are scaled really. they sign like NDAs and shit about how that shit is graded blah blah. separac does a good job but idk if he even knows what he's doing.

this is a fucking racket yall

i swear i'll go in on a class action with yall after this is over

This made me laugh out loud this morning.

After which I proceeded to freak out about the differences between constructive trusts and resulting trusts.

[thetashster]

are u saying there's a way I can use this to get my state's minimums too?

Oh sorry I didn't see you typed the word state because bar prep has left me partially illiterate.

But in those links you can find the MBE raw to scale conversion per MBE year.

sadly no way to know how anybody's essays are scaled really. they sign like NDAs and shit about how that shit is graded blah blah. separac does a good job but idk if he even knows what he's doing.

this is a fucking racket yall

i swear i'll go in on a class action with yall after this is over

This made me laugh out loud this morning.

After which I proceeded to freak out about the differences between constructive trusts and resulting trusts.[/quote]

i laughed and then i started crying to the point where my bf told me "YOU'RE MY CHAMPION! I'M PROUD OF YOU PASS OR FAIL"

[Guchster]

Are you people planning to do any work on Monday? I'm considering taking it easy most of the day. My only concern is that I feel like I've studied and learned a shit ton, but a lot of it gets fuzzy if I don't look over it to refresh myself.

I'd hate to choke on parts the exam just because I didn't refresh something quickly the day before, but at the same time I don't want to be a zombie on test day.

Not planning on learning anything for sure though.

[thetashster]

Are you people planning to do any work on Monday? I'm considering taking it easy most of the day. My only concern is that I feel like I've studied and learned a shit ton, but a lot of it gets fuzzy if I don't look over it to refresh myself.

I'd hate to choke on parts the exam just because I didn't refresh something quickly the day before, but at the same time I don't want to be a zombie on test day.

Not planning on learning anything for sure though.

no no learning on Monday. just going through flashcards for the essays. then through MBE tricks and tips outlines on Tuesday. then learning all of massachusetts law (ie secured trnx, commercial paper, and con law) on wednesday night haha

i've read and heard and experienced that refreshing is the best thing before the exam. also a banana and OJ morning of! AND NO RED BULL! taurine causes short term memory loss.

[turquoiseturtle]

Are you people planning to do any work on Monday? I'm considering taking it easy most of the day. My only concern is that I feel like I've studied and learned a shit ton, but a lot of it gets fuzzy if I don't look over it to refresh myself.

I'd hate to choke on parts the exam just because I didn't refresh something quickly the day before, but at the same time I don't want to be a zombie on test day.

Not planning on learning anything for sure though.

no no learning on Monday. just going through flashcards for the essays. then through MBE tricks and tips outlines on Tuesday. then learning all of massachusetts law (ie secured trnx, commercial paper, and con law) on wednesday night haha

i've read and heard and experienced that refreshing is the best thing before the exam. also a banana and OJ morning of! AND NO RED BULL! taurine causes short term memory loss.

I'm not from NY and so I've got a really long day of traveling on Monday. I figure many hours on a plane is a good time to just casually read through the outlines one last time. Especially the short NY distinctions bit in the CMR. I think I'll be too stressed to chill out and watch a movie. But, also because I'm flying, I can't bring all my massive Barbri books with me. So not planning on doing very serious review.

No red bull upsets me, because thats what I've always had before exams. Are you telling me when I was getting median grades I could've made law review if I'd just stopped drinking red bull?!?!?

[thetashster]

Are you people planning to do any work on Monday? I'm considering taking it easy most of the day. My only concern is that I feel like I've studied and learned a shit ton, but a lot of it gets fuzzy if I don't look over it to refresh myself.

I'd hate to choke on parts the exam just because I didn't refresh something quickly the day before, but at the same time I don't want to be a zombie on test day.

Not planning on learning anything for sure though.

no no learning on Monday. just going through flashcards for the essays. then through MBE tricks and tips outlines on Tuesday. then learning all of massachusetts law (ie secured trnx, commercial paper, and con law) on wednesday night haha

i've read and heard and experienced that refreshing is the best thing before the exam. also a banana and OJ morning of! AND NO RED BULL! taurine causes short term memory loss.

I'm not from NY and so I've got a really long day of traveling on Monday. I figure many hours on a plane is a good time to just casually read through the outlines one last time. Especially the short NY distinctions bit in the CMR. I think I'll be too stressed to chill out and watch a movie. But, also because I'm flying, I can't bring all my massive Barbri books with me. So not planning on doing very serious review.

No red bull upsets me, because thats what I've always had before exams. Are you telling me when I was getting median grades I could've made law review if I'd just stopped drinking red bull?!?!?

haha! i was always into red bull but i noticed that i'd get agitated and couldn't remember things. maybe i'm just being neurotic. but i feel like blaming taurine makes me look better.

here's a great food resource! (cuz apparently i'm a mom)
http://www.goodluckexams.com/what-to-ea ... e-an-exam/

[thetashster]

here's a HAPPY topic...

where is everyone going on their post-bar trip?
OR if nowhere,
what types of bottles will you be depleting?!

[harmonep07]

I'm going backpacking in the Catskills next weekend. Couldn't afford a big Asia or Europe or Africa trip.

[Guchster]

I'm going bicycle riding around Denmark.

[PennBull]

yo can we use mechanical pencils?

[Guchster]

yo can we use mechanical pencils?

Just says no 2 pencils; doesn't say wooden. The LSAT and MPRE specifically said NO MECHANICAL PENCILS.

[thetashster]

I'm going bicycle riding around Denmark.

seriously?
hate you.

[thetashster]

yo can we use mechanical pencils?

Just says no 2 pencils; doesn't say wooden. The LSAT and MPRE specifically said NO MECHANICAL PENCILS.

i think the MBE said NO mechanical pencils. but they also said no ear plugs. i wouldn't risk it i guess. maybe take one with you and throw it out if they make you.

[PennBull]

here's a HAPPY topic...

where is everyone going on their post-bar trip?
OR if nowhere,
what types of bottles will you be depleting?!

going to a couple NASCAR races cause I'm a hick

other than that, just hangin with my puppy and giving her some well-deserved attention

[thetashster]

here's a HAPPY topic...

where is everyone going on their post-bar trip?
OR if nowhere,
what types of bottles will you be depleting?!

going to a couple NASCAR races cause I'm a hick

other than that, just hangin with my puppy and giving her some well-deserved attention

what kinda puppy?!

i'm going to a bed and breakfast in Newport, RI. never stayed at a B&B or been to RI. pretty stoked.