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Charles Barkley

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Re: California Bar Exam (July 2014) thread

Post by Charles Barkley » Thu Jul 24, 2014 7:18 pm

I've hit a wall.

No energy left to study.

I still have remedies/PR/corporations left to learn. At least they're outlined.

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Re: California Bar Exam (July 2014) thread

Post by Law-So-Hard » Thu Jul 24, 2014 7:24 pm

Charles Barkley wrote:I've hit a wall.

No energy left to study.

I still have remedies/PR/corporations left to learn. At least they're outlined.
PR is probably the most important of the 3 and has shown up the most statistically speaking.

if we get a corporations essay i will just :evil:

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Charles Barkley

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Re: California Bar Exam (July 2014) thread

Post by Charles Barkley » Thu Jul 24, 2014 7:25 pm

PR isn't too bad at least. A lot of the duties are fairly obvious stuff.

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Re: California Bar Exam (July 2014) thread

Post by Law-So-Hard » Thu Jul 24, 2014 7:28 pm

Charles Barkley wrote:PR isn't too bad at least. A lot of the duties are fairly obvious stuff.

Eh. I feel like my brain understands it - don't do weird, shady, unethical stuff - but I kind of clam up and have trouble really articulating it on the essay. I'm kind of worried about PR.

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Re: California Bar Exam (July 2014) thread

Post by LSATNightmares » Thu Jul 24, 2014 7:37 pm

Law-So-Hard wrote:
Charles Barkley wrote:PR isn't too bad at least. A lot of the duties are fairly obvious stuff.

Eh. I feel like my brain understands it - don't do weird, shady, unethical stuff - but I kind of clam up and have trouble really articulating it on the essay. I'm kind of worried about PR.
I feel the same way. Rules are too specific. And the California distinctions just muddy the waters.

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Re: California Bar Exam (July 2014) thread

Post by Law-So-Hard » Thu Jul 24, 2014 7:42 pm

LSATNightmares wrote:
Law-So-Hard wrote:
Charles Barkley wrote:PR isn't too bad at least. A lot of the duties are fairly obvious stuff.

Eh. I feel like my brain understands it - don't do weird, shady, unethical stuff - but I kind of clam up and have trouble really articulating it on the essay. I'm kind of worried about PR.
I feel the same way. Rules are too specific. And the California distinctions just muddy the waters.
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Re: California Bar Exam (July 2014) thread

Post by Apple Tree » Thu Jul 24, 2014 8:11 pm

LSATNightmares wrote:
Law-So-Hard wrote:
Charles Barkley wrote:PR isn't too bad at least. A lot of the duties are fairly obvious stuff.

Eh. I feel like my brain understands it - don't do weird, shady, unethical stuff - but I kind of clam up and have trouble really articulating it on the essay. I'm kind of worried about PR.
I feel the same way. Rules are too specific. And the California distinctions just muddy the waters.

I feel exactly the same way! Especially all those duties of fairness/candor to the court/other side. There are like 20 of them!

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Re: California Bar Exam (July 2014) thread

Post by Anonnn » Thu Jul 24, 2014 8:15 pm

Anyone who has taken/will take the test at Pasadena what are the lunch options like? Should we plan to bring our own stuff?


Also has anyone looked at the Tort/Remedies Question on the July 2013 exam? I looked at the model answers and I guess I'm struggling a little bit to see how the damage to the motorcycle was foreseeable. Like it's not completely crazy unforeseeable but I guess I just find it a little attenuated (harm took place months later, specific piece of property inside of P's house that might have been totally unknown to D, etc.)

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Re: California Bar Exam (July 2014) thread

Post by Carryon » Thu Jul 24, 2014 10:18 pm

Anonnn wrote:Anyone who has taken/will take the test at Pasadena what are the lunch options like? Should we plan to bring our own stuff?


Also has anyone looked at the Tort/Remedies Question on the July 2013 exam? I looked at the model answers and I guess I'm struggling a little bit to see how the damage to the motorcycle was foreseeable. Like it's not completely crazy unforeseeable but I guess I just find it a little attenuated (harm took place months later, specific piece of property inside of P's house that might have been totally unknown to D, etc.)
This involved transfer of intent regarding damage to the motorcycle. You can transfer the intent from one intentional tort (in this case trespassing to land) to another intentional tort (conversion or trespass to chattels). Yo only need to prove causation, which is satisfied if it was a substantial factor in bringing about the injury. No proximate cause involving forseeability is required. This is my understanding, would like to know if anybody else has any thoughts on this?

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Re: California Bar Exam (July 2014) thread

Post by 2807 » Thu Jul 24, 2014 11:19 pm

Carryon wrote:
Anonnn wrote:Anyone who has taken/will take the test at Pasadena what are the lunch options like? Should we plan to bring our own stuff?


Also has anyone looked at the Tort/Remedies Question on the July 2013 exam? I looked at the model answers and I guess I'm struggling a little bit to see how the damage to the motorcycle was foreseeable. Like it's not completely crazy unforeseeable but I guess I just find it a little attenuated (harm took place months later, specific piece of property inside of P's house that might have been totally unknown to D, etc.)
This involved transfer of intent regarding damage to the motorcycle. You can transfer the intent from one intentional tort (in this case trespassing to land) to another intentional tort (conversion or trespass to chattels). Yo only need to prove causation, which is satisfied if it was a substantial factor in bringing about the injury. No proximate cause involving forseeability is required. This is my understanding, would like to know if anybody else has any thoughts on this?

Yes. It is foreseeable that flooding can happen... and foreseeable that flooding will damage things.
I took that exam. That was Q6 at the end of the entire exam. It was odd. And, we all freaked out becasue we wrote so little...

One thing I did not get on that was an injunction for a "continued trespass"

I have forgot it all now, but just consider "injunction" for "continued trespass" is an issue/remedy for that trespass tort.

I feel dumb typing this becasue I probably am wording it wrong already.
Hope you understand what I mean.

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Re: California Bar Exam (July 2014) thread

Post by boozehound » Thu Jul 24, 2014 11:39 pm

Those damn essays are going to eat me alive. Friggin' bar stress....can I sleep one night this week???

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Re: California Bar Exam (July 2014) thread

Post by pkt63 » Fri Jul 25, 2014 12:04 am

The essays have to be the most terrifying part. It seems like most people leave the MBE feeling like it was easier than the practice Qs and they went faster, etc. But all I seem to hear about the essays is they are worse than expected. Surprise issues and topics, feeling lost and either running out of time or feeling like you have too much so you've obviously missed something major but you can't figure out what. And then to have that nagging feeling for the next 4 months, knowing the essays are so critical?? I don't know how I'm going to survive. And I don't know what more to do to prepare, either to write better or to prevent that horrible feeling.

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Re: California Bar Exam (July 2014) thread

Post by Anonnn » Fri Jul 25, 2014 12:14 am

Carryon wrote:
Anonnn wrote:Anyone who has taken/will take the test at Pasadena what are the lunch options like? Should we plan to bring our own stuff?


Also has anyone looked at the Tort/Remedies Question on the July 2013 exam? I looked at the model answers and I guess I'm struggling a little bit to see how the damage to the motorcycle was foreseeable. Like it's not completely crazy unforeseeable but I guess I just find it a little attenuated (harm took place months later, specific piece of property inside of P's house that might have been totally unknown to D, etc.)
This involved transfer of intent regarding damage to the motorcycle. You can transfer the intent from one intentional tort (in this case trespassing to land) to another intentional tort (conversion or trespass to chattels). Yo only need to prove causation, which is satisfied if it was a substantial factor in bringing about the injury. No proximate cause involving forseeability is required. This is my understanding, would like to know if anybody else has any thoughts on this?
Ahhh, that makes a lot of sense, thanks for offering that insight. The foreseeability issue comes up when considering legal damages but I didn't know that about not needing proximate cause, thanks.

Also to the people freaking out about the essays, go look at some of the "model answers" they release. The answers the CA bar examiners consider a model typically have at least 1 wrong issue, sometimes misstate the law, sometimes miss major points. I really think sometimes we hold ourselves to too high a standard.

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Re: California Bar Exam (July 2014) thread

Post by pkt63 » Fri Jul 25, 2014 1:19 am

pkt63 wrote:
yips wrote:
What else did you want to know?
I think you covered everything possible! Thanks!

Dude, yips, I do have another question if you are still reading…or to anyone else kind of in general about locations, even if not specific to Oakland.

I get the idea that we have to leave our prohibited stuff (i.e. backpacks and cell phones, etc) outside the exam room, but there is some intermediate area that is not like we are leaving them on the public sidewalk, yeah? At least I hope so, because I'm taking public transportation and I won't have a car to just leave my stuff in. And if we go out of the exam room to go to the bathroom in the middle, I know we are not supposed to access them, but do they have people sort of monitoring what I imagine to be an enormous pile of stuff, or how does that work?

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Re: California Bar Exam (July 2014) thread

Post by Law-So-Hard » Fri Jul 25, 2014 1:38 am

Stressing out.... My immediate short term memory seems to retain only for a day or two. How the eff am I supposed to remember all this detail across 16 subjects. Spent the whole day and night studying and now I'm getting stupid bar bri amps on third person beneficiaries wrong :evil:

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Re: California Bar Exam (July 2014) thread

Post by iLoveFruits&Veggies » Fri Jul 25, 2014 2:35 am

Law-So-Hard wrote:Stressing out.... My immediate short term memory seems to retain only for a day or two. How the eff am I supposed to remember all this detail across 16 subjects. Spent the whole day and night studying and now I'm getting stupid bar bri amps on third person beneficiaries wrong :evil:
I'm in the same boat. Have been studying essays (my weakness!!) the past few days, went back to practice MBE questions last night (I used to be good at them!), got the first 5 wrong, got upset, gave up, went to bed, woke up completely STRESSED over them at 4am. I just can't remember anything anymore! And now I can't sleep through the night! There's just TOO MUCH!!! :cry: :cry: :cry:

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Re: California Bar Exam (July 2014) thread

Post by Kinopio Taicho » Fri Jul 25, 2014 3:10 am

Law-So-Hard wrote:Stressing out.... My immediate short term memory seems to retain only for a day or two. How the eff am I supposed to remember all this detail across 16 subjects. Spent the whole day and night studying and now I'm getting stupid bar bri amps on third person beneficiaries wrong :evil:
Felt the same way taking the bar in another state a few years back. For me, most of it came back on the day of - unfortunately some of it didn't (still passed). I'd consider diminishing returns and take burn out as a good indication to rest (I say, pouring over community property).

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Re: California Bar Exam (July 2014) thread

Post by ph14 » Fri Jul 25, 2014 3:13 am

iLoveFruits&Veggies wrote:
Law-So-Hard wrote:Stressing out.... My immediate short term memory seems to retain only for a day or two. How the eff am I supposed to remember all this detail across 16 subjects. Spent the whole day and night studying and now I'm getting stupid bar bri amps on third person beneficiaries wrong :evil:
I'm in the same boat. Have been studying essays (my weakness!!) the past few days, went back to practice MBE questions last night (I used to be good at them!), got the first 5 wrong, got upset, gave up, went to bed, woke up completely STRESSED over them at 4am. I just can't remember anything anymore! And now I can't sleep through the night! There's just TOO MUCH!!! :cry: :cry: :cry:
Pretty sure every new thing I learn pushes out something I had already learned.

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Re: California Bar Exam (July 2014) thread

Post by Carryon » Fri Jul 25, 2014 7:05 am

Anonnn wrote:
Carryon wrote:
Anonnn wrote:Anyone who has taken/will take the test at Pasadena what are the lunch options like? Should we plan to bring our own stuff?


Also has anyone looked at the Tort/Remedies Question on the July 2013 exam? I looked at the model answers and I guess I'm struggling a little bit to see how the damage to the motorcycle was foreseeable. Like it's not completely crazy unforeseeable but I guess I just find it a little attenuated (harm took place months later, specific piece of property inside of P's house that might have been totally unknown to D, etc.)
This involved transfer of intent regarding damage to the motorcycle. You can transfer the intent from one intentional tort (in this case trespassing to land) to another intentional tort (conversion or trespass to chattels). Yo only need to prove causation, which is satisfied if it was a substantial factor in bringing about the injury. No proximate cause involving forseeability is required. This is my understanding, would like to know if anybody else has any thoughts on this?
Ahhh, that makes a lot of sense, thanks for offering that insight. The foreseeability issue comes up when considering legal damages but I didn't know that about not needing proximate cause, thanks.

Also to the people freaking out about the essays, go look at some of the "model answers" they release. The answers the CA bar examiners consider a model typically have at least 1 wrong issue, sometimes misstate the law, sometimes miss major points. I really think sometimes we hold ourselves to too high a standard.
I got this from the non-student model answer via baressays.com premium subsrciption. these answers generally are more accurate than the stiudent model answer.

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Re: California Bar Exam (July 2014) thread

Post by Rotor » Fri Jul 25, 2014 7:49 am

pkt63 wrote:
pkt63 wrote:
yips wrote:
What else did you want to know?
I think you covered everything possible! Thanks!

Dude, yips, I do have another question if you are still reading…or to anyone else kind of in general about locations, even if not specific to Oakland.

I get the idea that we have to leave our prohibited stuff (i.e. backpacks and cell phones, etc) outside the exam room, but there is some intermediate area that is not like we are leaving them on the public sidewalk, yeah? At least I hope so, because I'm taking public transportation and I won't have a car to just leave my stuff in. And if we go out of the exam room to go to the bathroom in the middle, I know we are not supposed to access them, but do they have people sort of monitoring what I imagine to be an enormous pile of stuff, or how does that work?
The convention area at the Oakland location is connected to the hotel but in its own wing. You'll walk down a wide hall from the lobby. They will put a rope up to keep general public out and there will be proctors in the halls to make sure no one touches the stuff out there. I'm guessing they are for cheating prevention but they also are good theft prevention too.

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Re: California Bar Exam (July 2014) thread

Post by LSATNightmares » Fri Jul 25, 2014 8:26 am

Anyone still doing the Barbri program and did Question 6 of Remedies that was assigned yesterday? I swear, the model answer made no sense. The lecture said that there is no restitution available for encroachments, and then they talk about restitutional remedies with encroachment being one remedy. Then I don't know why they suggested an injunction as opposed to restitutional remedies like ejectment for the use of the parking lot on Peter's land. If anyone can explain it to me, I would be super grateful! :-)

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Re: California Bar Exam (July 2014) thread

Post by jarofsoup » Fri Jul 25, 2014 10:40 am

I thought the conversion part was weird. Also the crim question. The judge
Never said D had a right to a jury trial. Guess that's only a rule for barbri 1/2 the time

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Re: California Bar Exam (July 2014) thread

Post by ilovesf » Fri Jul 25, 2014 11:25 am

LSATNightmares wrote:Anyone still doing the Barbri program and did Question 6 of Remedies that was assigned yesterday? I swear, the model answer made no sense. The lecture said that there is no restitution available for encroachments, and then they talk about restitutional remedies with encroachment being one remedy. Then I don't know why they suggested an injunction as opposed to restitutional remedies like ejectment for the use of the parking lot on Peter's land. If anyone can explain it to me, I would be super grateful! :-)
That essay was the WORST and I was just like "wtf" the entire time.

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Re: California Bar Exam (July 2014) thread

Post by bravos89 » Fri Jul 25, 2014 2:20 pm

LSATNightmares wrote:Anyone still doing the Barbri program and did Question 6 of Remedies that was assigned yesterday? I swear, the model answer made no sense. The lecture said that there is no restitution available for encroachments, and then they talk about restitutional remedies with encroachment being one remedy. Then I don't know why they suggested an injunction as opposed to restitutional remedies like ejectment for the use of the parking lot on Peter's land. If anyone can explain it to me, I would be super grateful! :-)

Not sure what the lecture said, but you definitely can get restitution for encroachment.

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Re: California Bar Exam (July 2014) thread

Post by yips » Fri Jul 25, 2014 2:54 pm

Rotor wrote:
pkt63 wrote: Dude, yips, I do have another question if you are still reading…or to anyone else kind of in general about locations, even if not specific to Oakland.

I get the idea that we have to leave our prohibited stuff (i.e. backpacks and cell phones, etc) outside the exam room, but there is some intermediate area that is not like we are leaving them on the public sidewalk, yeah? At least I hope so, because I'm taking public transportation and I won't have a car to just leave my stuff in. And if we go out of the exam room to go to the bathroom in the middle, I know we are not supposed to access them, but do they have people sort of monitoring what I imagine to be an enormous pile of stuff, or how does that work?
The convention area at the Oakland location is connected to the hotel but in its own wing. You'll walk down a wide hall from the lobby. They will put a rope up to keep general public out and there will be proctors in the halls to make sure no one touches the stuff out there. I'm guessing they are for cheating prevention but they also are good theft prevention too.
Yeah, I saw plenty of room in the lobby/corridor area to leave stuff.

Rotor, do you know how they organize that? Just, like, a giant pile of crap, or like an ad hoc coat check type system or what? (I'm assuming you've gone through this process before...?)

Also, you apparently can take whatever is in your clear baggie into the bathroom. So in addition to medications/tampons/whatever, I guess you can also have the joy of bringing your keys and loose money (no wallets!) with you. How awkward.

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