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What did everyone think of the 3 florida essays?

X

Agree. I thought there were plenty to write on for 1 & 3. The Fed Con law not quite as much. If you had a decent handle on products liability it was pretty straight forward. The other contract one was pretty basic.

any one care to share generally what they wrote for con law and contracts? I felt like i was missing something on the contracts essay

I was expecting FL topics. It seemed like the examiners tested MBE topics with barely any distinctions, which is why I felt a little off. My second essay was crap. Ran out of time and really didn't say a lot. What were the issues with the President?

FLlaw88 wrote:I was expecting FL topics. It seemed like the examiners tested MBE topics with barely any distinctions, which is why I felt a little off. My second essay was crap. Ran out of time and really didn't say a lot. What were the issues with the President?

Sign, veto, pocket veto, line item veto

Contracts:
Breach on both sides- at least argued it both ways.
no compete clause
the acceptance in the first one was not a clear acceptance, so i went unilateral K when perf began.
Mailbox rule
I talked about temp injunctions on both k because of patents
Statute of Frauds
Due Process- firing w no notice
Damages- expectation

Products Liab:
Design Defect- inagequate warning
Maufacturing Defect
Strict Liab.
Negligence


Neighbor:
Nuisance
Negligence


FED CON LAW:
Free Speech- public / non-public forum/ alternate channels, etc.
Protected speech

Laws/ creation

President: veto, pocket veto- senate ratification if veto

State: I talked about pre-emption/ supremacy clause (not sure if it was too far fetched but was seriously at a loss in this part)

Equal Protection
Sub Due Process- Right to privacy, education
Intermediate Scrutiny.

Thats about all i can remember.

X

I believe it was priv but I threw it in and made an argument that it could be said it was acting as state actor by using research to benefit the masses. Prob surface level argument but I tried to tie it in.

Sgttpc wrote:Contracts:
State: I talked about pre-emption/ supremacy clause (not sure if it was too far fetched but was seriously at a loss in this part)

I read the state part as mainly about standing and ripeness doctrine (and maybeee some political question doctrine)

All valid arguments imho. One of my buddies was trying to tell me the first was predominantly contracts and secured transactions. Secured transaction would be the attachment and perfecting of the university and investors interest in the patent. Since it is a patent (intangible) as opposed to inventory/equipment (tangible), perfecting such interest and the process to which its done is different and can be achieved via press release (university) and tv commercials (investor Bill).

Is this too much of a stretch?

wwwcol wrote:

Sgttpc wrote:Contracts:
State: I talked about pre-emption/ supremacy clause (not sure if it was too far fetched but was seriously at a loss in this part)

I read the state part as mainly about standing and ripeness doctrine (and maybeee some political question doctrine)

It was commerce clause vs 10th amendment for state

TlsLawGuy123 wrote:All valid arguments imho. One of my buddies was trying to tell me the first was predominantly contracts and secured transactions. Secured transaction would be the attachment and perfecting of the university and investors interest in the patent. Since it is a patent (intangible) as opposed to inventory/equipment (tangible), perfecting such interest and the process to which its done is different and can be achieved via press release (university) and tv commercials (investor Bill).

Is this too much of a stretch?

Your buddy is insane

grixxlybear99 wrote:

wwwcol wrote:

Sgttpc wrote:Contracts:
State: I talked about pre-emption/ supremacy clause (not sure if it was too far fetched but was seriously at a loss in this part)

I read the state part as mainly about standing and ripeness doctrine (and maybeee some political question doctrine)

It was commerce clause vs 10th amendment for state

sorry for being unclear, I was referring to the third prompt. Agree w you about the merits analysis

grixxlybear99 wrote:

TlsLawGuy123 wrote:All valid arguments imho. One of my buddies was trying to tell me the first was predominantly contracts and secured transactions. Secured transaction would be the attachment and perfecting of the university and investors interest in the patent. Since it is a patent (intangible) as opposed to inventory/equipment (tangible), perfecting such interest and the process to which its done is different and can be achieved via press release (university) and tv commercials (investor Bill).

Is this too much of a stretch?

Your buddy is insane

I sure hope so

For the contracts question I discussed intentional inference with business relations. Apparently others talked about the federal court having exclusive jurisdiction because the case death with patents. So much stuff that could of been included.

How much did you guys write? I couldn't figure out the word count feature mid-exam, but I saw the character counts were like 12,000ish per essay. I think it came out to about 2,000-2,200 words per essay.

I always write a lot during essays whether I have much to write about or not, so don't sweat it if you wrote less than that. I'm just curious how much other people wrote. I've got a friend who says she wrote around 900 per essay and she's probably going to pass.

seancris wrote:How much did you guys write? I couldn't figure out the word count feature mid-exam, but I saw the character counts were like 12,000ish per essay. I think it came out to about 2,000-2,200 words per essay.

I always write a lot during essays whether I have much to write about or not, so don't sweat it if you wrote less than that. I'm just curious how much other people wrote. I've got a friend who says she wrote around 900 per essay and she's probably going to pass.

There was no character or word count.

grixxlybear99 wrote:

seancris wrote:How much did you guys write? I couldn't figure out the word count feature mid-exam, but I saw the character counts were like 12,000ish per essay. I think it came out to about 2,000-2,200 words per essay.

I always write a lot during essays whether I have much to write about or not, so don't sweat it if you wrote less than that. I'm just curious how much other people wrote. I've got a friend who says she wrote around 900 per essay and she's probably going to pass.

There was no character or word count.

I don't mean a maximum, I mean there's a feature in exam soft telling you how many characters you wrote. There was definitely a character count function at the bottom of the screen in exam soft... someone else told me they did a word count, but I don't know how they do that.

I had about 8,000 characters for each essay.

So anyone else care to share the main ideas they wrote about?

They posted the essays if anyone is interested
https://www.floridabarexam.org/__85257b ... 0c00756f05

Do they give any sort of rubric or model answer?

My take on the FL essays for the July 2016 bar exam. These are the main issues I remember addressing.

#1 - Contracts
Discussed Formation - i.e. whether there was a valid acceptance. Even though it wasn't a clear acceptance, performance for a year was a valid acceptance so a K was formed.
Statute of Frauds - 5 year employment K was not capable of being performed within 1 year so I discussed whether K was adequately signed by professor, i.e. party to be charged.
Non-compete clause violated public policy and thus, this clause was void and unenforceable.
Duty to mitigate by professor satisfied by finding another job.
Damages - expectation (minus salary from new job). Discussed how equitable remedies, such as specific performance, were not available because adequate legal remedies existed.

#2 - Fed ConLaw
State action - entanglement exception (actions of capitol police - there was significant state involvement, endorsement, or encouragement of the actions of police).
1st Amendment - Free Speech. Discussed the different forums, including public, designated public, limited public, and non-public. Then, i discussed the different tests for each but concluded the forum was either a designated or limited public forum because I considered it to be gov. property that the gov. affirmatively decided to open only to some speakers or some topics.
11th Amendment Governmental Immunity.
President - Sign bill into law, pocket veto permitted (but not permitted for governor of FL), line item veto unconstitutional, etc.
Substantive due process - law was arbirtary. Applied strict scrutiny and I concluded strict scrutiny would not be satisfied.
Florida's Arguments - The two big issues I discussed was whether FL had standing and the ripeness doctrine because the bill had not yet been enacted. Also, the 10th Amendment was heavily at issue in my opinion because Congress cannot commandeer the state to enact laws. However, Congress gave FL the option to enact it, so 10th Amendment was not violated. I did not feel that any arguments dealing with preemption were applicable so I did not address them.
Equal protection issue - applied intermediate scrutiny. Since we were dealing with gender, I applied the exceedingly persuasive justification test and concluded intermediate scrutiny would probably not be met.

#3 - Torts
Strict Products liability - mentioned the 5 ways to be held liable for products liability - (1) intent (argued it could maybe apply but would be an uphill battle), (2) strict PL (i.e. warning & design defect), (3) misrepresentation (did not apply), (4) Negligence (applied), and (5) warranties - express, implied warranty of merchantability, and implied warranty for fitness for a particular purpose.
Neighbor could potentially sue owner for negligence. Nuisance was not applicable in my opinion and I did not address it because nuisance does not apply to situations like the one in the essay. Rather, nuisance requires an unreasonable, continuous, and substantial interference with another's property.
Pure comparative negligence - owner could seek indemnification from manufacturer for neighbor's claims.
Manufacturer would argue contributory negligence by owner hiring the guy to install it (I do not remember the facts very well haha).
Ethics
(1) Contingency fees.
(2) Lawyers prohibited from entering a transaction with clients where lawyer obtains a pecuniary, proprietary, or property interest.
(3) FL rules of professionalism.

This is the most that I can remember. If anyone can provide any feedback as to my responses to the essay questions I would greatly appreciate it. Thanks! Best of luck to everyone as the results are soon to come out.

Don't you think it was an intermediate scrutiny issue since it involved Gender?