February 2015 Bar Exam Forum

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Holly Golightly

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Re: February 2015 Bar Exam

Post by Holly Golightly » Thu Feb 26, 2015 3:14 pm

Pretty sure the Prez can direct the FBI, though.

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Re: February 2015 Bar Exam

Post by YibanRen » Thu Feb 26, 2015 3:15 pm

Holly Golightly wrote:I made up so much law on th essays. lol. Soooooo much law.
I got 5/6 done mediocrely, I forgot the term of art for a pretermitted/cotermitted/whatever child for wills and literally made up a word, literally made up a word I think it was exceptermitted child. Then, I realized it didn't matter anyway. I then got to the secured trans w/10 mins left. I held off because I fear that subject. Then, I saw how straightforward it was and was pissed. I thought barbri was joking when they said "classify the interests" would be a question part.

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Re: February 2015 Bar Exam

Post by ilovetypos » Thu Feb 26, 2015 3:16 pm

YibanRen wrote:I'm not going to post questions, but I think we are fine asking about laws that were tested on the test.

Are you able to bring in hearsay into a preliminary bail hearing? Can a meeting with probation officer be considered a custodial interrogation?, can reaching into someone's pocket during an investigatory detention without feeling contour of the contraband be an illegal search without probable cause?

Con law is my best subject, like I didn't miss one practice question in my last 50. There was one I was one issue that drive me crazy. The president can't use the property power to control the actions of people who happen to be on federal property? It actually has to involve the property itself right?
See (d) for your first question.

https://www.law.cornell.edu/rules/fre/rule_1101

sparty99

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Re: February 2015 Bar Exam

Post by sparty99 » Thu Feb 26, 2015 3:17 pm

YibanRen wrote:I'm not going to post questions, but I think we are fine asking about laws that were tested on the test.

Are you able to bring in hearsay into a preliminary bail hearing? Can a meeting with probation officer be considered a custodial interrogation?, can reaching into someone's pocket during an investigatory detention without feeling contour of the contraband be an illegal search without probable cause?

Con law is my best subject, like I didn't miss one practice question in my last 50. There was one I was one issue that drive me crazy. The president can't use the property power to control the actions of people who happen to be on federal property? It actually has to involve the property itself right?
If you are free to leave then are you not in custody. So I guess it would depend on whether you are free to leave the meeting.

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Holly Golightly

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Re: February 2015 Bar Exam

Post by Holly Golightly » Thu Feb 26, 2015 3:20 pm

YibanRen wrote:
Holly Golightly wrote:I made up so much law on th essays. lol. Soooooo much law.
I got 5/6 done mediocrely, I forgot the term of art for a pretermitted/cotermitted/whatever child for wills and literally made up a word, literally made up a word I think it was exceptermitted child. Then, I realized it didn't matter anyway. I then got to the secured trans w/10 mins left. I held off because I fear that subject. Then, I saw how straightforward it was and was pissed. I thought barbri was joking when they said "classify the interests" would be a question part.
I really never bothered learning secured transactions so I literally just started throwing words on the screen. Perfection! Attachment! Chattel paper! Fixture!

I also accidentally used the word seisin correctly on the property essay.

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YibanRen

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Re: February 2015 Bar Exam

Post by YibanRen » Thu Feb 26, 2015 3:22 pm

Holly Golightly wrote:Pretty sure the Prez can direct the FBI, though.
He can, but not through the property power or his role as commander in chief. The only option that made sense after process of elimination was some made up power.

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Re: February 2015 Bar Exam

Post by YibanRen » Thu Feb 26, 2015 3:23 pm

sparty99 wrote:
YibanRen wrote:I'm not going to post questions, but I think we are fine asking about laws that were tested on the test.

Are you able to bring in hearsay into a preliminary bail hearing? Can a meeting with probation officer be considered a custodial interrogation?, can reaching into someone's pocket during an investigatory detention without feeling contour of the contraband be an illegal search without probable cause?

Con law is my best subject, like I didn't miss one practice question in my last 50. There was one I was one issue that drive me crazy. The president can't use the property power to control the actions of people who happen to be on federal property? It actually has to involve the property itself right?
If you are free to leave then are you not in custody. So I guess it would depend on whether you are free to leave the meeting.
Feel free to leave.

sparty99

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Re: February 2015 Bar Exam

Post by sparty99 » Thu Feb 26, 2015 3:37 pm

YibanRen wrote:
sparty99 wrote:
YibanRen wrote:I'm not going to post questions, but I think we are fine asking about laws that were tested on the test.

Are you able to bring in hearsay into a preliminary bail hearing? Can a meeting with probation officer be considered a custodial interrogation?, can reaching into someone's pocket during an investigatory detention without feeling contour of the contraband be an illegal search without probable cause?

Con law is my best subject, like I didn't miss one practice question in my last 50. There was one I was one issue that drive me crazy. The president can't use the property power to control the actions of people who happen to be on federal property? It actually has to involve the property itself right?
If you are free to leave then are you not in custody. So I guess it would depend on whether you are free to leave the meeting.
Feel free to leave.
In Minnesota v. Murphy, the Supreme Court held that Miranda warnings are not required to be given by probation officers during noncustodial meetings. Second, the Court ruled that statements made to a probation officer were not involuntary under the due process standard because fear of probation revocation for refusing to answer a probation officer's questions is not reasonable. See Minnesota v. Murphy (no violation when probation officer had a meeting with parolee and questioned the parolee on a possible rape-murder and parolee admitted that he was the person who raped a victim).

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OklahomasOK

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Re: February 2015 Bar Exam

Post by OklahomasOK » Thu Feb 26, 2015 3:58 pm

sparty99 wrote:
YibanRen wrote:
sparty99 wrote:
YibanRen wrote:I'm not going to post questions, but I think we are fine asking about laws that were tested on the test.

Are you able to bring in hearsay into a preliminary bail hearing? Can a meeting with probation officer be considered a custodial interrogation?, can reaching into someone's pocket during an investigatory detention without feeling contour of the contraband be an illegal search without probable cause?

Con law is my best subject, like I didn't miss one practice question in my last 50. There was one I was one issue that drive me crazy. The president can't use the property power to control the actions of people who happen to be on federal property? It actually has to involve the property itself right?
If you are free to leave then are you not in custody. So I guess it would depend on whether you are free to leave the meeting.
Feel free to leave.
In Minnesota v. Murphy, the Supreme Court held that Miranda warnings are not required to be given by probation officers during noncustodial meetings. Second, the Court ruled that statements made to a probation officer were not involuntary under the due process standard because fear of probation revocation for refusing to answer a probation officer's questions is not reasonable. See Minnesota v. Murphy (no violation when probation officer had a meeting with parolee and questioned the parolee on a possible rape-murder and parolee admitted that he was the person who raped a victim).
Oh fuck that.

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Holly Golightly

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Re: February 2015 Bar Exam

Post by Holly Golightly » Thu Feb 26, 2015 4:24 pm

There were a few that better have been test questions, because there was just not a real answer. One civ pro question in particular was absolutely a judgment call.

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aquasalad

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Re: February 2015 Bar Exam

Post by aquasalad » Thu Feb 26, 2015 4:34 pm

What about a 1 day vacancy between a 7 year and 8 year adverse possession in a 10 year jurisdiction?

jarofsoup

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Re: February 2015 Bar Exam

Post by jarofsoup » Thu Feb 26, 2015 4:35 pm

aquasalad wrote:What about a 1 day vacancy between a 7 year and 8 year adverse possession in a 10 year jurisdiction?

tacking. tacking. tacking. tacking.

sparty99

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Re: February 2015 Bar Exam

Post by sparty99 » Thu Feb 26, 2015 4:42 pm

Can a mortgage company take possession of property that has been abandoned and is in default prior to foreclosure in a Title theory jurisdiction?

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Re: February 2015 Bar Exam

Post by sparty99 » Thu Feb 26, 2015 4:47 pm

Can the court apply rule 11 sanctions on the plaintiff if the cause of misconduct was a violation concerning the plaintiff's attorney?

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Re: February 2015 Bar Exam

Post by guest305 » Thu Feb 26, 2015 4:49 pm

sparty99 wrote:Can a mortgage company take possession of property that has been abandoned and is in default prior to foreclosure in a Title theory jurisdiction?
I thought that it was lien theory?

Title theory definitely. But I'm almost sure it was lien theory.

aretoodeetoo

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Re: February 2015 Bar Exam

Post by aretoodeetoo » Thu Feb 26, 2015 4:49 pm

jarofsoup wrote:
aquasalad wrote:What about a 1 day vacancy between a 7 year and 8 year adverse possession in a 10 year jurisdiction?

tacking. tacking. tacking. tacking.
yo one day vacay breaks the streak, nah?

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Holly Golightly

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Re: February 2015 Bar Exam

Post by Holly Golightly » Thu Feb 26, 2015 4:49 pm

jarofsoup wrote: tacking. tacking. tacking. tacking.
No priviy tho

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aretoodeetoo

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Re: February 2015 Bar Exam

Post by aretoodeetoo » Thu Feb 26, 2015 4:51 pm

Holly Golightly wrote:Pretty sure the Prez can direct the FBI, though.
pretty sure it was congress doing military shit

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Holly Golightly

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Re: February 2015 Bar Exam

Post by Holly Golightly » Thu Feb 26, 2015 4:52 pm

A court CAN sanction a party, an attorney, or a firm. Who a judge SHOULD sanction, however, is entirely a judgment call.

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Re: February 2015 Bar Exam

Post by guest305 » Thu Feb 26, 2015 4:52 pm

aretoodeetoo wrote:
Holly Golightly wrote:Pretty sure the Prez can direct the FBI, though.
pretty sure it was congress doing military shit
Wasn't that the President utilizing the FBI which was specifically mentioned as an executive branch.

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Re: February 2015 Bar Exam

Post by aretoodeetoo » Thu Feb 26, 2015 4:53 pm

guest305 wrote:
aretoodeetoo wrote:
Holly Golightly wrote:Pretty sure the Prez can direct the FBI, though.
pretty sure it was congress doing military shit
Wasn't that the President utilizing the FBI which was specifically mentioned as an executive branch.
hey who knows i could be wrong, that one was worded funny

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sparty99

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Re: February 2015 Bar Exam

Post by sparty99 » Thu Feb 26, 2015 4:54 pm

aretoodeetoo wrote:
jarofsoup wrote:
aquasalad wrote:What about a 1 day vacancy between a 7 year and 8 year adverse possession in a 10 year jurisdiction?

tacking. tacking. tacking. tacking.
yo one day vacay breaks the streak, nah?
The general rule applicable is that adverse possessors can “tack” their periods of possession onto one another’s possession if, and only if, the transfer from the first possessor to the second possessor was made voluntarily.

Omar owns Blueacre, which is located in the State of Ames. Ames has an adverse possession statutory period of 15 years. In 1990, Anthony moves onto Blueacre and possesses it to the exclusion of Omar. In 1996, Barbara moves onto Blueacre without the consent of Anthony or Omar. She then excludes Anthony and possesses Blueacre until 2006. Barbara will not acquire Blueacre in this way. Since she did not have Anthony’s permission to enter Blueacre, her period of possession does not tack onto Anthony’s period of possession. She would need to possess the property until 2011 to acquire title via adverse possession.
Last edited by sparty99 on Thu Feb 26, 2015 5:00 pm, edited 1 time in total.

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aquasalad

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Re: February 2015 Bar Exam

Post by aquasalad » Thu Feb 26, 2015 4:54 pm

Holly Golightly wrote:
jarofsoup wrote: tacking. tacking. tacking. tacking.
No priviy tho
dammit.

Also, we are all about to get banned.

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Re: February 2015 Bar Exam

Post by guest305 » Thu Feb 26, 2015 4:56 pm

Holly Golightly wrote:A court CAN sanction a party, an attorney, or a firm. Who a judge SHOULD sanction, however, is entirely a judgment call.
I don't think the court can sanction a represented party.

https://www.law.cornell.edu/rules/frcp/rule_11
(5) Limitations on Monetary Sanctions. The court must not impose a monetary sanction:

(A) against a represented party for violating Rule 11(b)(2); or

(B) on its own, unless it issued the show-cause order under Rule 11(c)(3) before voluntary dismissal or settlement of the claims made by or against the party that is, or whose attorneys are, to be sanctioned.

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Holly Golightly

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Re: February 2015 Bar Exam

Post by Holly Golightly » Thu Feb 26, 2015 5:02 pm

Some of what's being said is too specific. But I think talking about general rules of law is fine.

Seriously? What are you waiting for?

Now there's a charge.
Just kidding ... it's still FREE!


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