Jesus - it should be pretty straight forward to write software to support essay exams. That's shocking!

What kind of software are they using? I took the Bar on Examsoft in CA today and didn't hear of any similar problems along those lines.

It was secure exam. We use it at my law school and never have any problems. Today was just crazy...

I was at Javitz today, went off fine for me and people around me. Granted, there were some people who had issues, but I think they did a decent job considering it was the first time they had that many laptop people taking the test.

That's what you deserve for taking only the second hardest bar instead of the hardest.

Everything was smooth at my site, thank you very much.

I think I had a stroke today, but other than that, everything turned out fine.

Was at 18th Street. A line like that in Chelsea, you'd think they were giving out free chest waxing. Ridiculous.

I was at Javits. Perhaps 10:24 was at a different Javits (Javitz?), because it was an absolute cluster-fuck both for me and the people around me. Evidently my answer to question 4 was so good that it needed to overwrite my previously written answers to # 5 and the MPT.

EPIC FAIL

When I uploaded my bar exam I got a congratulatory email for uploading a qualifying test (which is a practice test). The secure web site that is linked to the uploads database doesn't acknowledge that I uploaded my test and I cannot re-load my test in the transfer software to attempt a new transfer (says no exam files can be found for loading).

They said that the files are backed up every 60 seconds. It's hard to know whether that's true.

And even if it is true, will they be able to properly extract the correct answers?

My answer to question one was erased 45 minutes into the exam. In order for them to retrieve it (as well as my other two essays), they will have to look at the snapshot from minute 45 as well as the final copy. Will they actually do that correctly?

The problem is worse for people who had an essay erased and then went back and tried to fill in some content. Which snapshot of that question will get retrieved? The earlier one, which has a full answer? Or the later one, which has a partial answer?

Sucks to be you.

Is it the act of going back and checking an earlier answer that caused the answer to be deleted?

Or is it possible that someone's answers are deleted and you don't know because you never checked?

Of COURSE there are computer problems during the exam. Jesus Christ, people, does it kill you to hand-write one lousy exam? I went through all of law school without a laptop--recently!-- and graduated cum laude. You computer-using pussies have only yourselves to blame.

Wow, that really sucks. Seriously. I don't understand what happened since I took it on my laptop last year - went off without a hitch/glitch.

The issue is whether Examsoft is liable for breach of implied warranty due to the Secure Exam failures.

The rule in NY is that the sale of goods is governed by Article 2 of the UCC. A good is defined as a tangible movable object. A good sold by a merchant is under an implied warranty of merchantibility, which means that the good will be fit for its ordinary purpose. Furthermore, a seller who knows that the purchaser needs the good for a particular purpose, informs the purchaser that the good will be fit for that purpose and the buyer relies, has created an implied warranty for a particular purpose. These implied warranties can be disclaimed expressly.

In this case....
(you get the picture)

There will never be a real substitute for paper and pencil.

11:12 - The shrinkwrap license probably disclaims any implied warranties, and I'm sure the license was given to the test-takers before the exam. You fail.

In CA we had to sign our rights away before we started typing this morning.

I'll choose to hand-write my exams as soon as exam administrators allow takers to bring in scissors and glue to physically cut and paste.

That being said, I've taken the bar in MA, where there is no laptop option, and in FL, where I used a laptop. Although my hand was a twisted ball of flesh after the MA exam, I feel like I wrote significantly better essays because I had to formulate my response before starting.

If I recall correctly, the FL application had some sort of disclaimer regarding "not responsible..." "computer errors..." blah blah.

I failed the MPT, of all things. Nothing to do with computers. Just dumb.

I wrote in response to the post about NY bar takers fighting over the laptop spots. I said that I had received a laptop spot in Chicago and then promptly declined it. Chicago seemed to run fine, but this is EXACTLY what I was expecting. What did I really stand to gain, compared to the risk of being a guinea pig on my bar exam? NO THANKS.

10:25 -- whatever. california isn't that hard. it has a lower pass rate than other states because they allow people who "graduate" from non-aba accredited schools to take the exam, along with many english-as-second-language, non-jd holding foreign attorneys to take the exam as well. what a joke. and new york has the second lowest for the latter reason as well. these exams are not that hard. people, just take a pill and relax. if you have at least sat through your bar-bri class (i didn't even say paid any attention, mind you) and have at least 3 brain cells left after that mind-numbing experience, you will pass. and yes, even you, L2L... though i don't know what the point of that will be, given that you will never find a real job, in the legal field or otherwise.

good god, you guys! remember what it was like taking the bar? get over yourselves for two seconds and show a little sympathy for everyone who got screwed today!

try not to let it get to you guys tomorrow--good luck!

No kidding. What if while you were taking it by hand, the examiners lost your book. It's the same thing. Show some sympathy.

12:19, 12:21--

My deepest sympathies do go out to the people who had computer problems today. The bar exam is stressful enough without having to worry about whether a technical glitch will be counted against you. (I have to hope that the NY board will be sensible enough to pro-rate scores or something.)

But I still don't see why computer administration strikes people as a good idea, either in the abstract or for their own test. Lost books are really pretty unlikely, and the odds that they'll be found again are high (how many places can they go?). I've heard far more computer horror stories.

And for the most common failure mode? Pick up another pen. It's hard to pick up another laptop.

At least I'm not alone!

I too had 5 minutes left at the end of the 50 MCQs in the morning and went back to check out my essay answers. The essay I nailed--on Wills (#3) was replaced by my #2 answer... The tech people were no help ("Don't worry, it's there." Me: "Where?" Tech Guy "I'm not sure...)

This after they told us all "Begin" without giving us the password (found 3 minutes later). The little old ladies who proctor the exams at HLS do a much better job than this unprofessional show....)

When I took Barbri in February '06, a girl sitting next to me told me that Louisiana lost all of the exam booklets due to a flood and that as a result, everyone who took the exam had to retake it, so paper isn't totally foolproof, either.

AGWWG

Viva Yellow Fever

1:03--

Was "a flood" by any chance Hurricane Katrina? That's hardly an everyday testing problem.

All I have to say is thanks to Lat for putting up something interesting at night that I can look at instead of these closing docs.

Disaster Prone--My problem was exactly the opposite--my answer #3 had replaced my answer #2. What's worse, it was #2 from like 15 minutes before (I could tell that b/c it was missing an add'l paragraph I had added at the end). All I can say is, I wish #3 (Wills, which I think might have been my strongest essay) had replaced #1 (Commercial paper, to which my #3 answer was about as responsive) instead.

Of course, the fucking disaster continues. They say we need to upload our answers to something before thursday. Naturally, mine fails with a cryptic error message only interpretable if I had actually written the software myself. But I did not. They will have to relay the message to him once he is through with nap-time and playing with crayons.

Everything went flawlessly in the Commonwealth of Virginia.

Why are you bothering with this site? Go to sleep, young ones. Sleep.

The Javitz with a 'z' was a land of milk and honey - the MPT was a mad lib for us!

ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha !!!!!!!!!!!!!!!!!!

I just don't understand why the room must be 32 degrees. I'm bundling up for the MBE.

Seriously, you've got my sympathy. That's terrible!

I don't understand why people insist on using laptops. Practice writing and use a bluebook. You will never have any 'surprise' overwrites that way. Trust the bar exam's laptop system and you deserve what you get. It's not like you had never heard of any exam glitches before, right?

I took the NY bar on my laptop in 2005. I noticed my computer was doing weird shit all day. When I went to upload the exam that night, my screen fragmented, then went black, and the computer died. I had no idea if the exam uploaded and the people from the NY bar examiners and the software company wouldn't return my calls. The IBM repairman fixed my computer and told me that he thought the securesoft software fried the mother board.

I passed the exam but I was seriously pissed about the whole experience.

When I went to LS the nerds used a typewriter to write the bar exam. And even with this basic technology there were many horror stories—mainly having to do with power outages at test sites.

One story I heard was that a guy brought two electric typewriters to the exam, just in case, and when another takers electric conked out he refused to give up his back-up machine to the other guy. Others brought manual back up typewriters.

No way could I have dealt with the stress of the exam AND buggy software that I had only used once. MS Word is buggy enough.

Besides, I am convinced I passed because the graders could not read my handwriting, which is notoriously indecipherable.

While I do have sympathy for anyone whose test-taking experience is any more stressful than necessary, I can't help wondering - and as Lat alluded to in the post - how many of these people were the same ones on here several weeks ago screaming bloody murder that they wouldn't get a spot in the laptop lottery and they could never write it by hand and, oh, just what would they do?

With all due respect for those who really got a raw deal, I think there are some people who just aren't happy, period.

Right on, 9:14, 9:56.

You'd think laptops had just come on the market with the ridiculous "Why would you rely on that newfangled technology?" attitude. If that bar examiners offer it up, there's nothing unreasonable about taking advantage of it. Jesus. You poor things - I hope your essays get recovered and that you don't have to spend until November wondering what the hell happened. Nobody deserves that.

I handwrote in law school and a proctor lost one of my bluebooks for my Con Law exam. I was given the option of taking a grade based on the essays that actually made it to the professor or to take that section again (with a different question, of course). I re-took the section because I suspected I'd done a shitty job. The most irritating part is that not one person at the school acknowledged that there'd been a major mistake - they acted as if it was par for the course!

There's nothing hypocritical about bitching that you didn't win the laptop lottery and then bitching (assuming you somehow were later allowed to use a laptop) that the software screwed you over. Being able to type, cut, paste, copy etc. is a massive advantage over handwriting - it easily gives you another ten minutes per essay question to formulate your answers if you're smart about it and don't just start typing from the get-go. And it's reasonable to expect software to work (and not have it held against you when it doesn't work, especially in the most important exam you'll ever have a chance to fail).

Cripes, people - however many of us passed the bar on the first try, how likely do you think it is that you would have passed if two of your essays were completely garbled? Have some sympathy for people who got screwed.

"Of COURSE there are computer problems during the exam. Jesus Christ, people, does it kill you to hand-write one lousy exam? I went through all of law school without a laptop--recently!-- and graduated cum laude. You computer-using pussies have only yourselves to blame."

And why can't people just type up documents on typewriters with wite-out and carbon paper like they used to? Life really was much simpler before you meddling kids came up with these infernal interwebs.

11:59--Just for the record, NY also allows people who graduated from non-ABA accredited law schools to take the bar. I know because I was one of them. And yes, I passed.

There's nothing hypocritical about bitching that you didn't win the laptop lottery and then bitching (assuming you somehow were later allowed to use a laptop) that the software screwed you over. Being able to type, cut, paste, copy etc. is a massive advantage over handwriting - it easily gives you another ten minutes per essay question to formulate your answers if you're smart about it and don't just start typing from the get-go. And it's reasonable to expect software to work (and not have it held against you when it doesn't work, especially in the most important exam you'll ever have a chance to fail).

Cripes, people - however many of us passed the bar on the first try, how likely do you think it is that you would have passed if two of your essays were completely garbled? Have some sympathy for people who got screwed.

Waah. Write the goddamned exam.

"I'll choose to hand-write my exams as soon as exam administrators allow takers to bring in scissors and glue to physically cut and paste."

^^Which is precisely why the bar should insist on people hand-writing their exams. You should be able to think through your legal analysis and express it cleanly in a single go, without having to go back and edit. You don't get to edit when you're speaking, do you?

I didn't notice any problems with essays replacing each other, but who knows whether that happened to me. I try not to check my work...

I did have had problems uploading over the internet, although I got a confirmation e-mail.

We were told during BarBri that the graded essays from each reader will be re-calibrated to get a 5 average among all of that grader's tests. If a big chunk of the essays are garbled nonsense, more so than usual, then I like what that does to the mean grade. Irrelevant bluster suddenly looks a lot better.

Worst case, I got a head start on studying for February. I'm going to try to take that one on an abacus. Now, however, I'm headed across the street to a dirty bar in downtown Albany for whiskey.

Seriously? You people are treating laptops as highly unreliable machines? Do you avoid microwaves, too?

UVA required laptops for exams starting my 1L year (1999) - I didn't have the option of writing an exam until I was a 2L, and by then, of course I didn't. People occasionally had laptop problems during exams back then, but jebus, it was almost ten years ago.

I wrote my exam by hand (you know, like the cavemen used to do), and I had no problems. None of my handwriting on subsequent essay questions overwrote that of previous essay questions. It's amazing how that works. And come to think of it, I know plenty of people who handwrote, because they were scared of the technical issues that might arise if they used computers.

Yea, I know. You write slow. Your hand hurts. So do I, and so do mine, but considering that people were passing the bar for years prior to the invention of computers, I figured I'd be okay.

As to whether I passed...we'll have to see...

anyone else at javits notice that on at least four occasions a proctor's cell phone rang in the middle of the exam? and what the fuck were they doing in the next room over? on top of losing at least one essay due to software problems, could it get any worse...??

Overall,

What did everyone think about the NY Bar Exam? Easy or tough? I heard it was brutal this year with very nit picky questions.

All I know is that Marino guy from BarBri Essay Advantage was way off, except for maybe one essay. I guess he can no longer say that he (and his father) have never gotten it wrong.

Really - I was so glad for Marino in 04 - he must have gotten 75% of the topics right. I was so happy!

I had a minor freakout even though I wrote - I filled in my MBE with a mechanical pencil, when to my horror, I noticed at the end, that the test said in "No 2 pencil only." I could feel the color draning from my face. I went to the head proctor in a panic, who told me it would not be a problem. Thank god it wasn't!

That was also the year when everyone was competing to get into the laptop pilot program. I was like be in the yucky Javits with a bunch clickety-clacking - no tx!

Really - I was so glad for Marino in 04 - he must have gotten 75% of the topics right. I was so happy!

I had a minor freakout even though I wrote - I filled in my MBE with a mechanical pencil, when to my horror, I noticed at the end, that the test said in "No 2 pencil only." I could feel the color draining from my face. I went to the head proctor in a panic, who told me it would not be a problem. Thank god it wasn't!

That was also the year when everyone was competing to get into the laptop pilot program. I was like be in the yucky Javits with a bunch clickety-clacking - no tx!

Is it normal to leave the bar exam thinking you failed?

In the big room of the Marriott on the first day of the bar exam in Albany, there were a good 30 people who had software that fucked up. And that's out of about 400 total laptop takers in the room.

This isn't a problem with laptops/secure exams in general, this is a problem with the NYBOLE and Securexam. What a bunch of bumblefucks. I went all the way through law school without any of these problems, and I found those exams to be 'secure' enough.

I'd go out to a bar nearby, but it's the kind of place where I'd expect Joe Pesci to beat the hell out of me with a pool cue. Albany's kinda frightening. Let's hope we never have to go back.

I took the exam on Long Island and was one of the lucky few who had the essay just go missing. the proctors in Long Island location were awful, and gave us NO information. Oh yea, we also started over an hour and a half late because of lack of tech support. Fuck the bar.

Securexam sent out an email today. I just followed the instructions in the email and was able to successfully upload my exam (there is another link in the email that directs you to a website where you can confirm that your exam was uploaded). Now, lets just hope that what was uploaded included all of my answers...

Let's make 1 thing clear. The problems at NY and KY were ALL related to Secure Exam software by Software Secure, Inc. As far as I know, the software we used at the FL bar was from ExamSoft and it worked flawlessly for us.

I love all the NY trolls. First justifying taking that salary in that COL market, then fighting tooth and nail for a laptop lottery only to get screwed when using the laptops.

Well, the LI Marriott was not the place to take the exam. Not only were the rooms pretty bad, but so was the exam. My favorite was the distinction of the open hand for proctor assistance and the closed fist for technical help. All I can say is that there was some serious fisting going on behind me. Enough to drag out the start time to around 10 am-ish. Can't really remember the time. Also, the peeps from the NYB had a little bit of an attitude. It was great when the tech lady was telling us we were pretty much screwed if our exams wrote over themselves. Also, in a close second, was the bar examiner telling us to start the exam and the rest of the room screaming out, "WHAT'S THE PASSWORD?!?!##$@$#@" At least they didn't find a way to mess up the MBE. I took care of that.

Shoot...forget the laptop issue. The REAL ISSUE is why in the hell the bar examiners felt that Commercial Paper was worthy of its own essay.

Yeah. Looks like Pieper and BarBri missed that one. Also sounds like BarBri dropped the ball with child support.

Wait, that first essay was commercial paper? I wrote the whole thing on criminal possession of a forged instrument.

All the technicians at Javits told us not to worry. I heeded their advice because an incredibly official-looking man in an orange cross guard vest put his usb flash drive in my computer for 20 seconds and told me not to worry.
Do you think we'll get to choose (or at least have a chance to see) what is submitted to the graders???

That Commercial Paper question? Shoot me. Honestly. Geez. What the hell? And how many defamation questions were there? Is it honestly that big an issue?

yeah, looking at barbri's frequency chart 9 essay questions out of 284, yeah that means it's been tested via essay on 3% of the last 49 exams. what were the odds. either way, you probably still passed.

And would it have been too much to ask for a REAL crim law/pro essay??? All that knowledge of murder and felonies and warrants and all they want to know about is a freaking bad check. Sheesh. What a waste of 2 months' worth of studying.

Albany, I hope you're right. I think that the bar examiners took bong hits in the middle of writing some of those questions. Either that or dropped acid because they were obviously writing a question then went in a different direction (probably because they got the munchies), they sobered up, wrote some more and then hit the bong again. I mean, with that wills question and the size of that residue, many they were lazy.

Did anyone else mix up the party names on the MPT? I wrote Black Hawk Tribe instead of Black Eagle tribe...

Did anyone else think the MBE was difficult? I only felt 100% sure for about 30 questions. I definitely felt better after taking PMBR and the BarBri simulation.

Also, one of the last essays that BarBri assigned was the commercial paper essay on the bar.

that comercial paper essay was the only good thing that came from barbri, on hindsight, barbri DOD very little by way of new York preparation. While I think I did passable on the new York portion, it was not because barbri gave me any help, other than providing sample essay answers.

Did anyone have a different experience with Pieper?

that comercial paper essay was the only good thing that came from barbri, on hindsight, barbri DOD very little by way of new York preparation. While I think I did passable on the new York portion, it was not because barbri gave me any help, other than providing sample essay answers.

Did anyone have a different experience with Pieper?

Yes, I mixed up Black Hawk and Black Eagle. Those bitches!

Ahh... here come the luddites. In order to expounding the virtues of handwriting the NYS Bar Exam as if it belonged in a Norman Rockwell painting, they come to the Internet, to a Blog, which is on the Internet, and requires a computer, and scribble invective against fellow test-takers. Sheesh.

I think these people forget that the Exam is only secondarily a rite of passage, and that it's primarily a competency test for the practice of law in NY. If you are competent, and have demonstrated it by answering the same questions as everyone else this July, you shouldn't be penalized because of a computer malfunction -- there's enough stress.

And, Guess what everyone! Computers are here to stay. How many of your "hearty-handwriters" plan to use a dictaphone, or receive copies for edits from the typing pool, or ask the "Kelly girls" what shorthand system they use? I mean get real. I guess if you're ever out in the woods all alone, and you have the burnt end of a stick and a dry leaf you can work out Rule Against Perpetuities problems. But seriously, law happens in offices, offices these days have computers, and new attorneys are expected to be able to use them. Any attorney who has honestly convinced themself that solid legal analysis should flow in one long illegible stream-of-consciousness screed (and they routinely use this technique) should seriously call their malpractice insurance provider and up their coverage, because that just ain't the way sh*t works.

So, Have a heart. I mean, would you want the new hire at your firm to have failed the exam, not because of performance, but because they chose to type?

P.S. I took the exam on my laptop. I don't think there were any problems, but who knows. :-/

This is what happens when a complany upgrades software without F%^&ing testing it.

My question 2 is gone. And that was by best question of the morning.

Last minute upgrade what 5 days before the bar.

yeah i definitely felt like the mbe was difficult. Much more than pmbr. And did anyone notice that they cheated? there was a wills question! its was a question on anti-lapse?! wtf!

This is what happens when a complany upgrades software without F%^&ing testing it.

My question 2 is gone. And that was by best question of the morning.

Last minute upgrade what 5 days before the bar.

I anticipate we well get to see what was submitted to the grader . . . in Nov. :-( But am really hoping not to.

UCC 2-302 bars disclaiming warrantees if it would be unconscionable such as in a consumer adhession K. :-)

I puked after I found out question 2 went away. I can't find my torts notes, but I think that qualifies me for negligent infliction of emotional distress.

And question 1 was not just commerical paper, also the crime, but i think the biggy was the rule about cooberation of the testimony of a coconspertator.

I took the exam at the Marriott on LI and we didn't start until around 10:30 or so on Tuesday. I didn't get my exit pass until 6:45 that evening. Wednesday was better, at least as for as the administration goes.

I bombed the commercial paper/crim question for sure, and probably the corps essay too. What did everyone else think of the corps one?

Yeah, I totally bombed the first question too. I had a heart attack the second I saw the word "check."

I don't see how the first question had anything to do with co-conspirator testimony, considering there was no conspiracy?

I also though that the corps question was difficult.

I know the MBE is curbed . . . are the essays curved?

2:26 How can you be 100% certain there wasn't a co-conspiracy. Party A fraudantly gets a check which is cashed by A's roommate. The only testimony that A & B didn't plan it was A's. I am not saying that it the evidence needed to be coborated, but I do think a discussion about it was warrented. Also if it wasn't an issue that question would only have three fairly small issues.

Co-Conspirator? the facts didn't even come close to support even solicittion let alone conspiracy. If thats what you put, then thank your lucky stars points aren't taken away for meaningless babble.

The MBE was HORRIBLE. Neither Barbri nor PMBR did a decent job at preparing me... (did anyone elses PMBR guy ask to look for the "if" questions to being the right answere most of the time?)

Sucks for the computer takes who had problems, I hope that it everything works out and they don't make you take this exam again.

And didn't Barbri tell us that they wouldn't ask us to make a determination of fact? What business did we have of granting custody? or Marial supoort? WTF

and yes, i saw that anti-lapse question in the MBE... seriously, they are A-holes for that.

Don't worry - I took and passed the PA bar last year and I thought that the MBE was impossible. I was positive that I failed. Then I got my score back and I scored higher on the real MBE than I did on any practice test. Same thing happened to almost everyone who I know.

This year I took NY and thought that the MBE sucked again, but I'm not too worried about it b/c of my experience last year.

Definitely NOOO conspiracy issues in question one.

Don't worry - I took and passed the PA bar last year and I thought that the MBE was impossible. I was positive that I failed. Then I got my score back and I scored higher on the real MBE than I did on any practice test. Same thing happened to almost everyone who I know.

This year I took NY and thought that the MBE sucked again, but I'm not too worried about it b/c of my experience last year.

Definitely NOOO conspiracy issues in question one.

Don't worry - I took and passed the PA bar last year and I thought that the MBE was impossible. I was positive that I failed. Then I got my score back and I scored higher on the real MBE than I did on any practice test. Same thing happened to almost everyone who I know.

This year I took NY and thought that the MBE sucked again, but I'm not too worried about it b/c of my experience last year.

Definitely NOOO conspiracy issues in question one.

Don't worry - I took and passed the PA bar last year and I thought that the MBE was impossible. I was positive that I failed. Then I got my score back and I scored higher on the real MBE than I did on any practice test. Same thing happened to almost everyone who I know.

This year I took NY and thought that the MBE sucked again, but I'm not too worried about it b/c of my experience last year.

Definitely NOOO conspiracy issues in question one.

Barbri didn't say we would never have to make a factual determination, they said we never have to make a close call on the facts. And on those facts there is was very clear Mom gets the kids and child support.

They told us there would be Wills sneaking under real property on the MBE. (I forget who barbri or PMBR) And that was an easy question.

I thought the MBE was easier than the Barbri practice one, the questions were much shorter. And I didn't have nearly as many times were I thought two were a very close call. And it was a joke compared to the PMBR.

I am sticking with that co-conspirator being an issue.

With the corp is saw oppression, disolution, duties of loyality of a director (in the form of director agreements), statute of frauds (could the employment contract be completed with in one year) Was he an employee at will?

You guys are making me feel much better. I might be able to pass even with out the defamation essay.

Yes the Essays are curved.

After uploading, did anyone get emails about the qualifying exam, rather than the actual test?

When I tried to upload, I got the following two emails:

(1) "File Upload Notification"
Software Secure will review the file to confirm that the software is properly working on the computer you intend to use during the computerized Exam. . .

(2) "Qualification Exam Approved"
Qualification Exam passed
Software Secure Support.

When I finally got through to Software Secure, they said that b/c my practice exam files were still on my computer (I wasn't aware that they were), they were uploaded instead of my actual test. Beyond that, I was basically told to get in line and they will call me back over the next few days to work it out. . .

I'm nervous, b/c I'm supposed to leave the country for a week, and I don't want to go until this glitch is resolved.

Anyone else have thoughts or the same problem?

Thanks.

If you are only leaving for a week, I would bet dollars to donuts they don't have this glitched resolved until after you get back and they will still be working thought the people they need to work with.

Go and try and relax. I say that full well that I am wreck over this and that I am being a hypocrite, in tells some else to relax when it elludes me.

to even think that this problem will be resolved in a week, is seriously puting way too much faith in the NY Bar examiners.

You'll hear next in November

What did you guys think about the NY multiple choice?

I thought that they were killer!

to even think that this problem will be resolved in a week, is seriously puting way too much faith in the NY Bar examiners.

You'll hear next in November

Anybody if the software company is publicly traded? Maybe I can pay off my law school loans by short selling the stock, something tells me they are going to have hard time keeping and getting customers as their competitors have not had these problems

that really sucks for the laptop takers... I got stuck handwriting because I forgot to download the software in time. I guess this might be a case of silver lining...

Conspiracy on question 1? They didn't really ask anything about that and the facts didn't indicate it either.

About the Wills question on the MBE, I'm not sure how that can be answered. Is everyone sure that anti-lapse is a MS rule and not a NY rule? I never took wills, so I don't know.

And, I think the MBE was CLEARLY more difficult than the practice MBE's we've done. CLEARLY.

Finally, anyone who says, "I thought I failed the MBE and ended up getting a 140" is mistaken. The 140 these people got was a SCALED score, not a raw number.

I think a lot of people are getting confused between scaled and raw on the MBE. Even BarBri.

wait, what are you talking about with this 140 scaled vs. raw stuff?

Raw vs Scaled.

On the July 98 bar (yeah I know it is old but its the stats I got)

raw scaled
161 171
149 161
143 156
136 151
130 146
124 141

So if you got 130 questions right your scaled socre would be 146 and you would 292 points toward the magic goal of 665.

wow, that's a pretty big curve. last year my score was curved 9.6 points.

is that really how they calculate your total score? It seems like if that is the case it is really hard to reach 665 even if you do well on the mbe.
I felt awful about two of the essays and am really worried...

Has anyone heard about procedures to make sure that our disappearing answers are noted by the bar folks? I lost my essay #2, and the people on-site just told me to send an e-mail to the software company. I did so, but want to make sure no one's heard anything else about registering the problem formally.

Has anyone heard about procedures to make sure that our disappearing answers are noted by the bar folks? I lost my essay #2, and the people on-site just told me to send an e-mail to the software company. I did so, but want to make sure no one's heard anything else about how to make sure my name is on the list of problem exams......

The only additional thing I heard is that if your complete exam is not going to be uploaded by the midnight tonight deadline, send a fax to the board of bar examiners to give them notice, so its not held against you later. Fax # is (518) 452-5729.

it has also been suggested that you mail or fax a letter to BOLE. They don't take email.

I was handwriting at Javits Center in the same room as the laptop people...I had the air conditioner full force on me (I'd been warned to bring a sweatshirt but not gloves) and my fingers turned white and numb and I couldn't write anything intelligible for the first few pages. But it sounded really scary when they announced at the break that laptop people should seek help, "if your essay is overwriting another essay!"

I took it on my laptop at the Javits Center. After I couldn't get the morning exam to save I spent the first half of my lunch break waiting in line for a tech guy only to have him tell me to see a "higher up" tech guy because apparently my problem was beyond his capabilities. So I spent the remainder of my lunch waiting on another line, only to have to wait for another 45 minutes after the afternoon session ended too. Just when I thought this hellish experience was finally over, I had to spend the entire day on hold with NYBOL & Software Secure because the tech people never loaded my exam like they promised. By the way, Software Secure does not post their number online so I had to get it from NYBOL--- here it is: 617-354-7464.

So is the anti-lapse killed by the 'in terrorem' clause? I had no idea about the adequacy of the stock grant and the chef contract in the f'ing question 5... can someone explain? I still don't get it.

OK this exam talk is scarying the crap out of me. I did every freaking pmbr and barbri question just to get killed on that damn test. I didn't even go back to check to make sure the answers were there on the computer, so now, another added stress.

I know test talk is a sin. But please, make me feel better. The MBE was ridic for me. The first part a breeze, the second well I always ended up with 2 answers and if C was there went with it. Also, the "if" rule. The distractor and the real answer had an if. Its as if they purposely put 2 ifs to mess with us. The NY mult choice was easier for me than the second part of that messed up MBE test, and I know I messed the mult choice up too.

No clue on the rose bush fixture, that was hilarious when I saw it.

As far as essays: 1, I didnt get conspiracy, but put the rule and argued it because I was scared shitless. I got commercial paper and crim pro and crim (weird crim) wrote every freaking thing possible I knew talked bout bank being negligent (Donna is not a Kent, the shit was endorsed to Kent, not Donna), guy taking a few months to warn bank, negotiable instrument, HDC, the defenses and the jury indictment and the different standard. I think there was a different less than beyond reasonable doubt standard, I think. Its that weird standard for grand jury's. #2 defamation + slander per se + NYCP (only freaking NYCP) literally told them what sum judgment was. No partial sum judgment because damages presumed for slander per se. No unqualified priv because the guy was clearly malicious. As far as the prima facie type tort (intentional tortious interference of contractual obligations, good thing read the conviser that morning), just analyzed the facts. #3 no clue, wrote everything again, rule for will, trust, the arm thing, he was lucid, the pour over trust (not sure about that one) and the no contest clause and the residuary. He breached the fiduciary act (forgot the name of it) but clearly no self dealing and loans. The corps (involuntary dissolution analysis (thank god for barbri on that) the consideration was cool, SOF on the agreement and whether in NY a K for an indefinite term must be in writing? modification? I dont know wrote everything I knew. The family law one, passive appreciation, and just a bunch of best interest of child crap. Look at age of kids, split the insurance, the house was now tenants in common (the little property bitch) and a bunch of other crap. Got to the MPT as was shot, wrote about nothing and a little bit of policy and that damn Montana test and de novo something. The Other parts, SCREWED. The MBE killed me. I will be lucky to get half. Seriously really scared. Anyone else with me on some of the answers. I know messed a few up, but have no clue where I stand.

Pius XXX it doesn't matter. You passed or you failed. Are you merging question because I don't know what the heck the anti-lapse had to do with the stock grant?

another thing: can't sue a corp you represent. Clearly, conflict of interest, he should have disclosed to the others in writing and all that crap that he represented mr. chef in his will and other dealings. Clearly a conflict of interest policy bull shit analysis. And the divorce, the facts didnt say mr. dad was a psycho and subjected wife to cruel and inhumane punishment so wrote everything about divorce and what she needed to prove to get it just to cover my ass there again. No clue.

ok no anti lapse on any corps question. No clue on where the hell that came from. The antilapse was a mult choice and the freaking thing was ridic. If people are getting anti lapse on corps I must have received a different test

It was a new issuance, not stock grant. Different rules, the 5 considerations...

It was a new issuance, not stock grant. Different rules, the 5 considerations...

It was a new issuance, not stock grant. Different rules, the 5 considerations...

9:12 I agree afternoon was harder than morning for MBE. Everybody I have spoken to, emailed or blog (in a dozen states) thought the MBE was insane. I thought it was pretty easy, but then again I got a 145 raw on the Barbri practice and 125 raw on PMBR.

The rosebush was a fixture. Just use some common sense. When you move from a house, can you take the shurbs and trees with you? No.

Your outline on the essays seems more complete than mine or anybody else I have seen or heard.

For three years I never once violated the exam talk sin. In the past two days I have been serious offender. Will god forgive me?

Sorry for not being clearer: Edith challenges will, she loses, per the 'in terrorem' clause she "pre-deceases" - do her kids take by anti-lapse or does it go to the residenuary beneficiary?

for chef's contract, I put a bunch of crap about how perpetual employment contracts must be written and I even put in some junk about how the parole evidence rule didn't bar evidence of the oral agreement...

But I think the answer was simply that employment contracts must have definite terms to be enforceable. so I probably got no credit for a page worth of crap.

Anyway, who cares about the essays. that MBE was way harder than the practice ones. Does anyone really think people are going to average anywhere near 125 on that?

I seriously doubt I hit 125.

9:26

yeah the rosebush has gotta be a fixture, but I remember the answers making it more confusing than the question, because if you chose that everything is a fixture -- is a freestanding stove a fixture? if so, why did the MBE use the word "freestanding"?

Ok so the anitlapse? OMG I freaking missed it. Did edith have kids, seriously I though she didnt. I know the test didnt specifically ask for it, nor did they ask if the damn draft was negotiable. but, did the bitches crap lapse??????????

Pius XXX - honestly i have not freaking clue in NY. But in Michigan, if contest and lose, you lose everything, no anti-lapse. So I used that as my rule. And said Under EPTL.

BTW did anyone else feel when the were writing "Under NY law" or "Under CPLR" that they were lying? because what I really meant was "Under the law invented by Ed that I just pulled out of my a$$"

free standing means not a fixture. "attached to the reality."

New I shouldnt have started the freaking rose bush talk but was the answer all of the above? it was like all of the above or carpet and rose bush. I was like the freaking book shelf isnt but I just put all of the above and moved on. Also, anyone get rule in dumpor's case as an answer? and the damn bottle breaking wasnt it forseeable that would happen, no warning there

i'm sorry but WHO THE F*CK IS DUMPOR!!?! HAHAHAHA

I dont know I saw it in the outline I had and said, wtf "dumpor" and thought if I see it, wrong answer. but someone said it was the right answer. I feel like the mbe fucked me over big time. I think my brain went to mush after the damn essays. still no clue how I did on that but you guys can see from my rambling mess above that I prob fucked that up too.

I went to law school for three years attend barbri and pmbr never heard of the rule in dumpor's case. So I assumed it was a spoiler.

I said the company was not liable for the bottle for lack of forseeablity

The trust went to Edith's heirs after Edith and I completely forgot to say anything about that issue until I was walking out with my exit pass....and I've been a T & E lawyer for quite some time! (other states)

Rule in Dumpor's Case: English rule that provides that if a landlord consents to one assignment of the lease by the tenant, the landlord consents to all subsequent assignments; most statutes have abolished by statute the effects of this rule.

I also said lack of foreseeability.

When I see you ppl in February, watch out for an answer choice "rule in Dumpee's case" - then we'll be in real trouble... :)

My Piper course brought up how you need to know the Rule in Dumpor's Case because it will be on the MBE!!!! And that was all I remembered!

Well it was 1 out of 200. I am seriously screwed. Enough of mbe talk how you all do on the essays. Anyone get the crap I got above????? I need some sort of assurance before i repudiate and go out of my freaking my mind

Okay, everybody who is stress and thinks they failed. And lets face it that is everybody.

Go read couple of the old exams and the "above average" answers. They are just as crappy as what you wrote.

listen ppl. i took the bar (CA) last year and thought that i totally bombed the MBE. i was POSITIVE that i failed. but i passed, and i did pretty awesome on the MBE. this year i took NY and thought that the MBE was impossible, AGAIN. so this is natural. everybody who thinks that it was hard ends up passing it.

Amen to that. Remember folks, as bad as you THINK you did, all you need to get after it's all said and done is a 66%. You've been getting well above that for the past 3 years of law school so keep that in mind.

The essays were so so. That commercial paper/waste of a crim essay sucked big time.

The tortious interference was ok I guess if you happened to catch tortious interference at some point. I actually remembered that from the movie the Insider with Al Pacino and Russel Crowe - the lawyer wouldn't let them air a story because it would have been tortious interference or some crap. I dunno, it made it stick in my head, I know I'm weird.

The Wills Essay (which normally never shows up in the morning) was just one more piece of evidence that confirmed that the July 2007 bar exam is breaking every tradition that BarBri, Peiper and PMBR thought they knew about. Not even the Seperac.com website called that one.

To the poster who scored a 145 raw on the BarBri practice exam - f*ck you and be quiet. You know our MBE looked nothing like the practice exams. The word is out for the NCBE, after they filed the lawsuit against PMBR for copyright infringement in 2005 they've been going out of their way to make these tests way different from what we see in the PMBR books. I didn't even find the BarBri MBE questions relevant. I finished the entire red book and the entire blue book of PMBR this summer and still only knew for sure about 20-30 questions on that MBE we just took.

Good luck to everybody, not that you need it. If you are spotting all of those issues then you definitely are among those who will get the passing notification in November.

THE SECUREXAM APOLOGY LETTER IS A JOKE!

He does not apologize for the horrific situation and how it affected everyone's results because of the anxiety and disruption.

A lot of people were not able to review their answer or make edits.

It doesn't seem like the software was properly tested before the exam. This was a brand new release of the program. What type of quality control standards does this company have and why didn't the bar do their diligence and demand documentation and statistics about how they tested the program before it was released? I can't believe they let this mal-ware near us. At only our expense, we were basically guinea pigs. What kind of bozo's are making purchasing decisions at the NY Bar.

This is pure negligence and a reckless disregard for our future and all of the hard work we put into preparation.

Yeah.....I know I feel better knowing that 'we extensively test the software before it is used in real exam situations'......and ' we are committed to improving our software'. What a bozo. He should be 'commited' along with his crappy program.

You got an apology letter by email from SecureExam? I have not received anything from either SecureExam or the bar examiners yet. What the hell??? At least send me an email so I know they know I was one of the ones who got screwed.

I took it at Javits. Nearly shat my pants when essay answer 2 disappeared. I have used Securexam for the past 3 years. Apparently, this new version hasn't had the "kinks" worked out of it yet. The afternoon writing went fine, as long as you didn't try to go back and edit your answers!
MBE was normal.
Thursday in New Jersey was not so bad. It sucked too, but I wrote it. You do take a risk by using the laptop, but securexam was stupid for using the bar exam as a guinea pig for the new version.
Hopefully the stain will come out of those pants.

Did anyone else pay the $26 for those 100 practice MBE questions from NCBE and find them to be nothing like the real thing in terms of difficulty? I'd be all up for class action suit against NCBE - after all, they clearly knew the purpose for which we were buying the questions and, since they wrote both sets of questions, they had to have known that their online set was inadequate for evaluating our preparedness for the actual MBE. Thoughts?

8:23: http://www.softwaresecure.com/pdf/ShortStatement.pdf

yeah, i did the $26 online questions. they were NOTHING like the real exam. soooooo easy. and the NCBE had the nerve to say that those questions were representative of a real MBE that was administered during the bar. why can't they just be straight up honest with ppl?

i paid the $26 as well and definitely agree that they were nothing like the real questions (nor were my pieper or pmbr questions, but that's another story). class action it is!

I did not recieve an apology letter from SuckExam either. But it is posted on SuckExam and BOLE's webstites.

I did not recieve an apology letter from SuckExam either. But it is posted on SuckExam and BOLE's webstites.

I thought the MBE was more brutal than anything I've been exposed to by PMBR or Barbri. I think both bar prep services did a lousy job of telling us what to study. Based on my performance on those practice tests and all their predictions, I should be getting about a 135 raw. There's just no way that happened here.

I just hope that we're all in the same boat and I'm not delusional...

I did not recieve an apology letter from SuckExam either. But it is posted on SuckExam and BOLE's webstites.

I did not recieve an apology letter from SuckExam either. But it is posted on SuckExam and BOLE's webstites.

I did not recieve an apology letter from SuckExam either. But it is posted on SuckExam and BOLE's webstites.

There were over 10,000 people taking the exam and the majority by laptop. I'm sure BOLE and Software Secure will do everything to recover our essays and contact us as soon as they can. It is frustrating, but we need to be patient.

Would you rather have them send out thousands of apology letters or work on recovering your essays???

I wonder who from BOLE or SuckExam posted the last two jewels! They obviously weren't at Javits..........

Javits Taker - Really doubt anyone from BOLE or Suckexam really cares what we are blogging, it was probably posted by someone with infinately more patients than me or handwriter.

Looks like the Albany Times Union is the first main stream paper to pick up on this.

Am I to notice that according Software secure they extensively tested the software before it is used in real-exam situations. However, June 7th we download the software On July 11, there was a mandatory upgrade.

Makes you wonder if they really had time to the extensive testing they claim if they are throwing patches at it two weeks before the exam?

Lat, please do a profile on Marino at essay advantage. The guy is terrible and was wrong on his predictions despite his overwhelming arrogance. Everyone who took essay advantage did so to their detriment.

BTW, Javits is an awful place to take an exam. The whole first day they had music blasting in the background, proctors who looked and sounded like welfare recipients, and a proctor who twice called time a minute early.

To anyone that has taken the ny exam:

I feel like I failed, there are issues on the ny essays that I missed, even though I felt good about the ny day and I feel like there is no way I did well on the mbe day...I did everything barbri assigned and PMBR...I really don't know much more I could have done.

Any advice as to how to forget about the exam until we get the results?

They looked and sounded like welfare recipients? How horrible! You should demand immediate action by the bar examiners.

Problem on Tuesday, first communcition from BOLE on Monday and all it says be patient.

1st - commercial paper/crim pro/crim law (forgery of drawers name, who's negligent/recredit by bank- beyond a reasonable doubt standard for regular trials and probable cause for grand jury trials)

2nd - Tortious interference with contract/defamation privilege/slander per se (what there a contract and can she get lost profits because there was a clear interference - qualified privilege for common interests and discuss malice - slander per se because the statement affected her trade and stated she engaged in criminal misconduct)

3rd - proper execution of a will/no compete clause (anti lapse discussion which I missed simply because I didn't see any facts indicating she had issue)/ trustee duty of loyalty and care and limiting his liability (discuss what is needed to have a properly executed will - she breached the no compete clause her challenge was not one of those where if challenged under certain grounds would not violate such a clause - trustee breached his duty, must reimburse and not protected by limited liability clause because such a clause is void as against public policy)

4th - Equitable distribution/ child custody / child support (building increase of value was marital property, home is marital property different ways that the court may distribute the home when there are kids under 18 years old involved, pension marital property because gained while in marriage and vested while married - discuss the 8 or so factors that the court looks at when determining the childs best interests - discuss how to determine child support, how long must pay, if father wants to modify what the standard is)

5th - proper consideration for the new issuance/oral employment contract/judicial dissolution (discussed also voluntary dissolution but not available because didn't place such a right in cert of incorp)/professional responsibility conflict of interest (discuss the 3-5 situations in which a corp may issue new stock - statute of frauds discussion and employee at will discussion - discussed the 6 factors the courts take into consideration for judicial dissolution such as fraudulent and oppressive activity towards the minority shareholder)

That was my take on the essays. As for the NY multichoice first 15 or so were difficult, the MPT is what it is I just put everything that they gave us in the library in my answer, luckily we only had one man case to read and then i used the two cases cited in the Montana case.

The MBE was horrible for me, at least the first 100. I did all of PMBR questions, all of them read and blue book and I also did all of Piepers questions that adds to just about 3000 or so questions and to be honest it did not help me at all. The second set of 100 was okay, a lot better than the first.

Best to all,

Faith in the Lord

I'm pretty sure essay one turned on the fact that an employer bears the burden on a properly signed check, when an employee fraudulently induces the signature.

general rule is that the employer bears the burden, however, there was still an analysis to discuss who was more negligent, the bank or the employer. On top of what is a negotiable instrument, the bank and customer relationship, the banks duty, the customers duty, the issue of recredit by the bank or not, the employees fraudulent activity, no one was a holder because a necessary endorsement that is forged prevents any subsequent holders from becoming holders or HDC, and if anyone was liable on the check as an endorser it would be the forger of the instrument.

the first essay is going to be a windfall for some because many, and i mean many people did not catch that commercial paper issue AT ALL!!!!!!!

I think part II of the the first question was even more difficult that part I. I mean, I would be surprised if even 15% of test takers recognized that the bar was looking for a standard for grand jury indictment (I'd venture more than half of bar-takers wouldn't have been able to give the standard even if the question was more explicit).

i agree 2:28

But looking at the facts did they not mention "at trial", Dana's attorney was their (and isn't it true that there is no right to have your attorney their unless you waive you absolute immunity, if that is the case then why was the attorney there) also, didn't it ask what standard should the "court" or was it "judge" use in determining what to do with the indictment, and a grand jury indictment is lead by a DA not the judge, the DA determines whether there is probable cause, also wasn't Dana's attorney asking for a directed verdict, if so they were at "trial" and not a "grand jury" trial...

as you can tell I went the beyond a reasonable doubt route and nothing else, anyways that was a horrible fact pattern along with a horrible question.

If that is the case as 1:42 and 2:28 has put it then the entire first essay will have a "nice" curve.

Good luck to all

3:26 - that is what made the question complicated. I believe the attorney made a motion to dismiss the indictment. I'm guessing that the standard to apply for the motion is whether the grand jury had sufficient evidence to indict.

In essay One, the bank is only charged with the duty of knowing its CLIENT'S signature (in this essay it was Art the employer). Since Art signed the check (even though induced by fraud) the bank will not be held liable even if someone other than the proper indorsee signed the back of the check as the bank has no duty to know EVERYONEs signature. This issue is in the last essay assigned by barbri in the released essays section.

8:07 - I agree. Any other discussion, besides WOSSUPP is extraneous.

8:07- I discussed what a negotiable instrument is, the fraud, the negligence of both the bank and Art, who was in the best position to discover the forgery, but I still gave Art the recredit from the bank. How bad do you think that will hurt me?

I don't know. In part A of essay one, I don't know if the real issue was whether the check was negotiable (wasn't that like the "sucker" analysis since the examiners knew all we would really remember from the crap they "taught" us in barbri was WOSSUPP) I really thought the issue was whether if a maker signs the negotiable instrument, does the bank still have the risk of loss. I mean I mentioned the negotiable instrument aspect, but didn't really discuss it in that much detail.

Part B of question 1 was really a bitch. I went the same route as 3.26. I didn't mention the grand jury on purpose for the exact same reasons as 3.26.

Overall, this exam really sucked for me big time. It seems as though they tested on the most obscure aspects of a particular subject (I mean, hello, tortious interference with a contract?) I thought the NY M/C sucked.

Also, in question 4, did anyone else notice the PROPERTY issue in that the house was a tenancy in the entirety?

I agree with 10:14. No where did I see any mention of a grand jury. It said "at trial" prosecution submitted evidence...

Then it said "at the close of the prosecution's proof, the defense moved to dismiss the charge." I was thinking the motion was similar to a directed verdict in that the prosecution has failed to meet their burden and thus the charges should be dismissed..

I also agree with 10:14 in that essay 1 didn't have to do with the check being negotiable, but rather who was liable for the withdrawn funds.

And yes I did notice that the house was tenants by the entirety which was severed by the divorce. But I talked to others that did not see that as well.

I agree with 10:14. No where did I see any mention of a grand jury. It said "at trial" prosecution submitted evidence...

Then it said "at the close of the prosecution's proof, the defense moved to dismiss the charge." I was thinking the motion was similar to a directed verdict in that the prosecution has failed to meet their burden and thus the charges should be dismissed..

I also agree with 10:14 in that essay 1 didn't have to do with the check being negotiable, but rather who was liable for the withdrawn funds.

And yes I did notice that the house was tenants by the entirety which was severed by the divorce. But I talked to others that did not see that as well.

I agree with 10:14. No where did I see any mention of a grand jury. It said "at trial" prosecution submitted evidence...

Then it said "at the close of the prosecution's proof, the defense moved to dismiss the charge." I was thinking the motion was similar to a directed verdict in that the prosecution has failed to meet their burden and thus the charges should be dismissed..

I also agree with 10:14 in that essay 1 didn't have to do with the check being negotiable, but rather who was liable for the withdrawn funds.

And yes I did notice that the house was tenants by the entirety which was severed by the divorce. But I talked to others that did not see that as well.

There are very few people; just the top of the class ones, that will hit every issue! Don't focus on what you can't change; qualities of a good lawyer are not measured by bar exams. The best lawyer in my firm failed July, passed Feb, life goes on!

Regarding question 4, the house and it being held as TBE then severed to TIC upon the divorce, yes that is the case, but i believe the real issue was what to do with the house when there are children under the age of 18 involved. When there is a marital house involved there are several things they can do with the house 1) partition and sale the home and divide the assets between the spouses 2)allow the spouse with the kids to keep the house until the kids turn 18 years of age then proceed as you would in #1 (also take into account the spouses ability to pay for the home or other housing options at a cheaper cost) 3) give the home to the spouse with the kids and then offset the value that spouse received with other equitably distributed property or 4) recognize it is now held in TIC and discuss their rights as a TIC (which I did not do, I just discussed the above 3 things to do with the marital home)... but again looking at the call of question the question asked "what should the court do with the marital home?"

well we just have to wait and see....good luck to all

What about the people that got to take it the 27th because of that holiday? Wouldn't they know the essay questions by then? Then again, maybe NY changed it and gave them the NY distinctions to MBE subjects that were supposed to be on our test.

To 10:12:

Yes. It is quite possible that they knew the essay questions. In fact, it is damn near impossible they didn't know, with websites like jdunderground, and xoxohth, posting the essay questions right after the test.

It is my understanding that the bar examiners did not change the essay questions. (Apparently, there is a huge process to making these questions and it would be too much extra work to create an entire new exam)

To me, this seems like the real concern, as opposed to the laptops, because there is a whole group of people that are definitely going to have a distinct advantage, considering the topics that were tested this year. All they had to do was look at the websites and know what to study and focus on for the exam. I mean, there are even some people out there that remembered the MBE questions and posted them right after the exam.

I'm not sure how the bar grades, but it is possible that the curve is based solely on the Tuesday takers, and those who took it on Thursday are merely graded according to the Tuesday curve.

I know that even if I didn't know the exact questions for the Bar exam, I'm pretty sure someone mentioning Commercial Paper being a full-on essay question would motivate me to actually open up that subject. I know its supposed to be an Honor Code, but c'mon now, that thing went out in the 3rd grade. There's always someone who will want to look.

The laptop thing sucks and I feel bad for that too. But who's to stop anyone from changing their answers now also?

So basically, we're up against people who knew the answers to the essays (the people who took it the 27th) and those who can possibly change their uploaded answers now. It's not only the people who took the laptop option who are screwed here.

When I took another bar exam 15 or so years ago, the NY bar was rescheduled to Wed-Thurs because of Tish B'Av, this year they let the people with religious exemptions take it a different day. (this screwed up CT and NJ people who wanted to take NY bar) Maybe they should have taken it Monday and since they would be observing Tish B'Av Mon night thru Tues night no time to disclose.

12:36,

Although the laptop people had to submit their essays via electronic transfer, they also had the USB disk which was supposed to be submitted the day of the test. I know it is possible for people to have changed their answer later, the answer would have been different than the essay submitted on the USB disk. They said that they would not even grade your essay if this was the case, and they wouldn't even let you sit for the exam ever again.

Now, of course, after completing law school, I know people probably did change their answers and they probably won't get caught.

Honestly, I think that we all should have taken the MBE on Wednesday, and after, taken the NY portion on Thursday. (I know this would have been difficult if you were doing another state). OR had the people observing the holiday take it on Monday OR just had a completely different test for the 2 days.

I took the exam in Albany handwriting. On essay #1 i discussed the bank's liability for the fraudulent endorsement. First I discussed the rule and what bank's liability would be if the check itself had a fraudulent signature (the bank is liable as they should know their own customer's signature). Then I discussed the fraudulent endorsement and that generally a bank is not going to be held responsible for a fraudulent endorsement, but, should their be anything that does not appear right with it there is a reasonable expectation they would verify it or check ID's. I mentioned that if "Dana" was in fact a female and the check was endorsed by "Kent" who was a male, then there is an obvious discrepancy and it would be reasonable to expect the bank to verify and they could be held liable. I also went with a discussion on a directed verdict for several reasons. First, it clearly stated it was a trial. Second, it talked about the motion being made at the close of the prosecution's evidence, clearly the set-up for a directed verdict discussion. I also talked about the MPC standard for "knowingly" and that the standaard was not met given that she had to know it was fraudulent when she herself endorsed and tried to cash it.

On essay #3 - Wills. I stated that the first issue was whether the old guy was competant and if the will was validly executed. I put that the standrad for a "competent" person for signing a will was much lower than the standard for competency when signing a contract (straight from the PMBR "Wills" CD lecture). I also discussed that the fact he needed assistance was not an issue and that even an "X" for a signature would suffice as long as it was properly executed (I stated all the requirements fir valid execution of a will too). The next thing I discussed is whether the "in terrorem" clause would nullify the devise. I talked about the rule for in terrorem clauses in NY and how they would be upheld generally. I then discussed the exceptions and I went with the in terrorem clause not applying because she was challenging the will based on an accepted exception to in terrorem based on probable clause (I realize that may be wrong, but I should get some points for laying out the rule). I also went into the trustee's fiduciary duties and his personal liability. The rules on a trusteee standard as a "prudent investor"

On Essay #4 - Corporations/PR/Contracts. I went with what is acceptable for consideration in exchange for the shares and what the five acceptable forms were. I stated that services to be provided in the future was sufficient. I talked about the dossolution of the corp by a s/h with at least a 20% holding and what the rules were for that. I stated that the court generally prefers that a corp not be dissolved if the remaining s/h can buy out the suing party for fair market value w/in 90 days. I talked about the SOF and how his contract would generally not be valid as it needed to be in writing. I then talked about it not needing to be in writing if it had been fully performed, but since it was only partially performed it would not be valid and that his remedy would be to go for quasi-contract remedy under quantum meruit. As far as the conflict of interest section, i thought that was a total no brainer. I stated the rules for determining conflict between current clients and the fact he was acting in a "general counsel" capacity for the corp and that if you used the standard needed, that a disinterested attorney wuld believe that he could represent both. I basically stated that "hell no" he couldn't represent Client in th matter.

On essay #5 I had fun. I filled my book up to the last line on the last page (page 8) and I don't write big. I talked about passive v. active appreciation and what the rules were for both. I talked about her apartments and that it would be considered active appreciation and would be split 50/50. I talked about the passive appreciation on the marital home and how that would be split 50/50. I then talked abput the pension plan and discussed the general rules in how to split it up. I applied it to the facts by talking about it vesting during the marriage and that it would not be payable for ten years after they divorced. I discussed that based on the facts of vesting and maturity the court would more than likely not go with a 50/50 split and weight it in favor of the husband beacuse of when it matures. On the chlid custody, i trotted out the standards the court uses for deciding "the best interest of the child". I talked about the stability of the parents, the fact mom would be taking care of both and dad would have to have a nanny and he only wanted one.I talked about mom's claim of cruel and inhuman treatment as the basis for the divorce and if that was proven that the court would look at that as well. I found that the court would award custody ofboth to mom. On the child support, I talked about the sliding scale based on number of children, income of the parent, best interest of the child, etc.

I saw some others say that they talked about the tenancy by the entirety and what happens to it upon the divorce. I did not go there, although I noted it when I was outlining, because I felt the question was talking more about dividing marital assets. I talked about the splitting of the profits from the perspective of them selling the house or one of them buying the other out.

On Essay #2 I was struggling a bit. I did get down the rules for tortiuos interference and I also discussed the privileges and that he did not fall in the family member/lawyer category. I talked about the defamation and that in NY it would fall under slander per se, except I messed up and called it liable per se. I then listed what the 5 slander per se's were in NY and how this was one of them. I also talked about the summary judgment and what the rules were for that and why someone would make a SJ motion. I talked about a judge's ability to split a SJ motion if the case is made but only damages need to be determined by the trier of fact. I missed what someone stated about about slander per se and SJ not being appropriate because slander per se damages do not need to go before the court (not sure I agree with that one, need to look it up). I felt #2 was my weakest essay of the five.

How did you guys feel about the MPT? First of all, it was quite different from the ones in the BarBri MPT book. I basically took the directions and made an outline on how they wanted the issues stated specifically applying the facts and not a general statement. I did 1a and 1b for the two tests under Montana. I stated the issue, discussed the case and court's test and also how it was distinguished in the other cases. On the second part I basically did the same thing and talked about how Acme needed to work thru the Indian courts first. I really did not add in a lot of detail from any of the interviews or depos. I am really not sure if I did what they wanted us to do, so I am a bit worried about that part. I would love to hear what other people wrote.

Regarding MPT:

In the first issue i discussed the montana exceptions, how the court in strader analyzed when the exceptions should be considered, and ultimately determined that the tribal court had jurisdiction. I discussed the holding of the case in montana, the facts and law of the case then how our situation applied. I used the same format for the second issue. But I did throw in some of the language from the interviews as it helped our case in this matter (i think the guys name was ronald) I used his interview and for the second issue I just went with the montana case again where they discussed the national case and that was less of a discussion than the first issue but ultimately determined that they had to go through the tribal court first.