First ... to say I hope the fail rate is up to keep the ranks thin in this weak economy

First to say...Wow, I think I failed day one of the NY Bar.

Delaware's conlaw essay was BRUTAL yesterday.

2 days down, one to go.

Subpoena duces tecum? Those NY multiple choice really come out of nowhere.

Client Williams had One or Two causes for a Fraud Action?

NY Essays threw a couple screwballs (anybody know if a criminal defendant can talk to his attorney during an adjournment while he is on the stand?). But mostly it was simple stuff, so so I thought. Then again, maybe it was really complicated stuff and I failed. Who can say?

#7, it is unconstitutional based on the 6th amendment if it is overnight. Had the break been for lunch or a brief break then it would have been ok

#6 I said that Williams had 2: the guarantee and the transmission was going to fail soon

I think Williams had two causes of action. No good for the "I guarantee it." (No evidence of a present intent). And no good for the "Extra cooler" because Williams didn't rely on it. The other two were good.

Now allow me to officially purge this from my memory.

Ugh - I probably would have done better had I not almost passed out from the pure pressure of the situation.

#1) "Dodge says there is be a problem." - No Reliance. No Damage.
#2) "your transmission is going to fail" - OBVIOUS
#3) "it be good if we did some washer fluid too." - opinion and no reliance
#4) "I guarantee the job!" - maybe? but where is the damage?

i spent so many hours studying com paper and sec trans, starting from scratch with no knowledge.

and they were not tested. BASTARDS.

11...there's always next year

#1) reliance was that he relied on the statement in deciding to buy a new transmission. Damage was the cost of the new transmission.

I don't know ANYTHING about durable powers of attorney.

11: i got the same thign and so did my friend.

do you guys know what fraud is? lying that dodge put out a notification to induce you to get your car fixed when that is NOT TRUE = fraud. silly. damages = paying an insane amount of money to get stuff fixed that's not broken.

14, after hearing the statement, he told them not to do anything with the transmission. They did it anyway. You can't say that he relied on it when they didn't do what he asked.

duces tekum? WTF. durable power: WTF? lien on van goughs? maybe i should have paid attention to paula a little more.

does anyone know what a durable power of attorney is? Or am I the only one who made up the law for that.....

19: i made up the law too... i just looked it up. power of atty creates an agency relationship. durable power means it lasts through death. husband was wife's agent.

12, secured transactions was tested (as part of one essay mostly dealing w/wills). See you in February!

ps 17 - i think that is a fine argument. i also think it's a fine argument to say even though they did it without permission, he didn't make them stop and believed there was a problem etc.

also note - probably doesn't matter whta conclusion you came to. what matters is if you wrote MEMORANDUM at the top :-P

21 - how do you even know what bar was being discussed? not everyone is in NY/Cal.

The dodge memo could still have been a contributing fact to the decision to replace the transmission, even if #2 turned out to be a bigger/the only factor.

Don't forget that you're presenting viable claims, not just picking stone-cold locks.

I hope your "causes of action" had sufficient specificity in discussing the fraud.

#17

Yep, reasonable argument...but not what the question asked.

Does a secured interest survive a charitable gift?

Study at all tonight for MBE or no?

I got everything right on the NY bar today. I am not even showing up tomorrow... don't need to. I am going golfing in Westchester. Later suckers!

#21 Comm paper tested in IL

27: have a beverage. a tasty one.

I didn't know shit about the durable power of attorney so I just said it meant he had the power to sell the TIE. Who the hell knows though. Nobody's going to get that one right.

Anyone know what to do if Examsoft won't let you upload your files?

32: kill self

the guarantee had no intent to deceive -- if dude knew it was a false guarantee, what did he expect williams to come back to the store after seeing "no guarantee" on the receipt and be all amped to buy some more useless shit? Plus no reliance on the guarantee because he never actually went back to the shop.

but I covered my ass and did an "but assuming it" paragraph.

Williams had 3 possible fraud claims. . . statements 1, 2, and . . . 5. When Biggs told Williams it would take 3 days to rebuild his tranny, that was fraud-- it induced him to spend more money to get the one from A-1 stock, which turned out to be his own.

Just because it wasn't in the memo prompt doesn't mean he didn't have a cause of action on it ;-)

27: No, why not just spend the entire night arguing about the Day 1 essays here on ATL like these other people? Seriously, its in the past and if anyone spends even 10 minutes arguing with a stranger online about an essay question the night before the MBE, he/she is a complete lame-ass.

And no, don't really bother to study tonight. You're brain is shot and would do well to have some down-time. Review for 30 minutes in the morning to warm up.

Sincerely,

Passed 2007 NY Bar with 170+ MBE

um, guys, he paid for the work before the shop said there was a guarantee. Shop had money already - no reliance.

My upload failed five times before finally now saying it was successful. Hopefully it's ok now. There is no way to actually see your answers to make sure that it actually uploaded what you wrote?

#36 - you deserve a cupcake for your sage wisdom and your golden score

37 -- exactly

he was walking out the door, no intent to induce reliance. just placating a pissed off customer

anyways, I knew what durable POA was, but wasnt sure it defeated tenancy by the entirety, especially when the POA was broad (re "real estate transactions")

#5, please, subpoena duces tecum was expalined quite thoroughly in both my ny practice class and the NY practice section of the large Barbri NY book. Also it even showed up in a couple of MBE questions.

#7, yes of COURSE it violates his constitutional 6th Amend right to a lawyer..it was a supreme court case (and also a crim pro PMBR practice ques that i spent a long time reviewing)

stop arguing about fake law. learn real law. the MPT is fake law. stop talking about it. have a beer. chill out. Whatever you argued, as long as it was a viable argument, your fine. leave each other alone! Its not law school, everyone should want everyone to pass. YOU DONT NEED TO GET AN A!!!! Bad karma. Good luck tmmra everyone... chill out.

oh, and does the child of an adopted-out child take an otherwise lapsed gift?

Maryland morning was fine. Got a little screwy in the afternoon. And no specific civ pro Q... weird. All and all, nothign earth-shattering (sorry California kids, had to do it)

I think you guys missed the case where the whole point was to provide an exception to the general rule for the warranty statement.

Maryland morning was fine. Got a little screwy in the afternoon. And no specific civ pro Q... weird. All and all, nothign earth-shattering (sorry California kids, had to do it)

Delaware's Federal/Chancery Civ Pro question was ridiculous too...

who's going to the bar orgy tonight

Fuck the MPT. Anyone out there thrown off by the topics tested by Delaware? No torts? Crazy civ pro? Wills? An incredibly long criminal law question with an unseen format? Widener did a terrible job of preparing us; I can only imagine how poorly their own students were prepared.
Con law and corporations were easy at least.

I think you guys missed the case where the whole point was to provide an exception to the general rule for the warranty statement.

what about the torts/property question?

Fuck the MPT. Anyone out there thrown off by the topics tested by Delaware? No torts? Crazy civ pro? Wills? An incredibly long criminal law question with an unseen format? Widener did a terrible job of preparing us; I can only imagine how poorly their own students were prepared.
At least con law, contracts, property, evidence and corporations were easy.

What time did the NY bar end today?

36: nothing is more lame ass than bragging about your bar score, or frankly even discussing it. when i was a newbie associate i shared an office with a guy who called everyone he knew to ask what their score was after results came out. totally lame ass (tacky really).

I think the banks did beat the museum because the museum wasnt a buyer (ordinary or non-ordinary course), so dont pay value then no priority on the van gogh. otherwise any dumbshit with encumbered property could just give it away to someone without notice just to fuck over a creditor. anybody?

Marin hands down....Alex was a big dissapointment and.... oh, sorry. Thought this site was done with real stories.

Go Marin!

if the ny essay graders are anything like Barbri's then I'm done for

54: I'm pointing out my MBE score solely to show that I have some (yes, very very tiny I know) credibility for giving bar exam advice although hey, how can you even really believe what I anonymously say?

And seriously, I can never understand people who brag online anonymously. You want to be admired by...those who don't even know its you? I don't get it.

I'm mainly curious as to what hour these people will debate Day 1 essay questions rather than go take a rest or get some sleep. I guess it'll go on until sleep time in CA.

54: I'm pointing out my MBE score solely to show that I have some (yes, very very tiny I know) credibility for giving bar exam advice although hey, how can you even really believe what I anonymously say?

And seriously, I can never understand people who brag online anonymously. You want to be admired by...those who don't even know its you? I don't get it.

I'm mainly curious as to what hour these people will debate Day 1 essay questions rather than go take a rest or get some sleep. I guess it'll go on until sleep time in CA.

36

sh*t, the bar was today?

I wouldn't be surprised if I failed, but I also wouldn't be surprised if I passed. Anyone else feel the same way after Day 1?

51: I went on about duties of LLs and Ts to repair the premises. Said LLs has duty to repair common areas but T no. Thus give the LL the JMOL and the T no. JMHO.

TTYL.

it's all about feeling good for the next few months. if sharing war stories here puts your mind at ease (which it does for me), then keep talking

55- I'm with you.

hey 62, you mean it the other way around right? LL gets his JMOL denied but grant T's???

The real question is, as an out-of-stater somehow assigned to Buffalo instead of Albany, where is the best place to get wings?!

65: Yes - I was mistaken and you are correct.

I talked about LL/T duties too but forgot to write about causation and damages.

but I nailed the tranny

How about some horror stories....people crying or vomiting, showing up late, computer crash, etc.

#66 go to Duffs..its close to the testing site...on the corner of sheridan road and millersport highway

MANY OF YOU ARE GOING TO FAIL.

Wow, can't believe I survived the first day of the NY bar.

Did anyone else think that 4th Amendment essay was really hard?

Maryland put a Corps extract in there to FUCK all of us that actually knew corp law and then give the crutch to everyone that didn't thanks MD! Also Md basically wrote the exam with the Barbri distinctions section open, I think they were just DARING all the barbri kids with the exam, you won't remember every little distinction will you Barbri kids? Whatever. And then they had the audacity to test civ pro in the guise of an appeal of a restraining order??? WTF GOIEHRWIOERNONWEORNEWIORNOWENROWENROWE

is that a joke 72??

46: MD - the family law question was 1/2 civ pro - subject matter jurisdiction.

The afternoon was absurd.

I thought the issue was whether the officer could have PC based on other officers' knowledge. I didnt talk about Fourth Amendment. anyone??

In IL, at the Wyndham, they made everyone wearing sandals and flip flops to take them off and pile them up in the front of the room. They took the exam barefoot.

70- Sold!

How about that huge first amendment essay on the NY Bar -- killer stuff. I totally nailed it.

66 - The Rogers Centre, in Toronto, so you can see Doc throw another CG tonight.

god lat your servers suck

Was there a typo in the files section of the MPT? One of the cases they gave us (it was the fraud/auto mechanic problem) had a case from the 1970s, but the case itself sited to authorities from the 2000s. Nice to see they proof their work. And these are the people grading us?

I just wrote about what I think prurient means. I went into some detail

76 - umm there was a 4th amendment issue involving the seizure of the gas can...

Did anyone find it funny that in a question where they asked you if the will was valid, they named the decedent "Testator", and in a question asking whether there was an easement, they named the two parties "Dom" and "Serv"?

82, I noticed that too. The 1979 case cited a 1986 case (and others probably too). Once I saw that I stopped what I was doing and just wrote about that for an hour.

my favorite was when the proctor answered her cell phone. nice of her to tell the guy she couldn't talk right now.

and writing about agency is such a drag.

issues from the test:

Essay 2:
evidence-- was it an excited utterance?
Can a judge order a defendant on the stand to not talk to lawyer over the weekend?

Essay 3:
Partnership: partners owe duty of care / duty of loyalty to stay within scope of business

Essay 4:
Adopted out kid is not "issue" for anti lapse purposes

Essay 5
Adultery is defense to abandonment divorce claim
Power of Attorney issue

84, but the question asked about whether the officer could have PC without personal knowledge, not whether with PC he had a right to take the gas can

I dunno, that's how I saw it

Museum takes same status as Donee so still has to pay the banks, Bank B wins over Bank A because though both attached Bank B perfected first

76-

72 here. And no that was not a joke?

Was there not a 4A question?

Museum takes same status as Donee so still has to pay the banks, Bank B wins over Bank A because though both attached Bank B perfected first

Mr. 88 --

I think you got it wrong with the adopted out kid. My notes say there is a COA cases saying that if the adopted out kid is specifically named in the will then his issue will take under anti-lapse,

89 - I thought they wanted to know both about the probable cause for the arrest, and whether the seizure of the gas can was constitutional (incident to lawful arrest? maybe plain view?), but who knows...

90 -- that's what I got, though I think you mean "donor"

So was there a fucking 4th Amend issue or no??

Do we get to vote these writers off one at a time like The Next Food Network Star?

Arnie: We are going to have to say good-bye.

4 -- I thought the Delaware Con Law question was easy. Then again, I read FAIR v. Rumsfeld last week...

Essay 2 - I think they wanted you to talk about that the 6th amendment confrontation clause applies only when the statement is testimonial and that it wasn't because it was an emergency inquiry so he hada no right to confront and then discuss whether you could get it in under excited utterance or present sense impression

That party-wall essay from the NY was KILLER!

well if he has PC then the automobile exception takes care of everything. But I dont think they were asking about that. WHo knows

Did anybody think that "Finisher" could re-tender that check to the Law Firm and avoid the accord and satisfaction? I vaguely remembered that being mentioned as a recent change in the law from some lecture, but I am far too lazy to look it up.

55 - you're right, the museum was not a "holder" (CMR) or BIOC/NOCie (franzese) because no consideration & also record notice bc banks perfected

uh, 100, you know that the automobile exception is modified in NY, right?

Illinois's state essays=cake walk

Mulit-state essays=not so much. Commercial paper, eh. First Amendment and trespass...whaa? Partnership interest can be taken if a partner defaults on a personal loan...who knows...maybe? One essay just about damages...no idea what went on there. and im too fried to remember the others

I think you had to talk about PC to arrest and tehn whether in light of that the seizure of the gas can was appropriate because the gas can was part of the motion to suppress. I think you could have argued search incident to arrest, auto exception or even maybe plain view.

What were they asking w.r.t. the Bookkeeper and Officer question?

there was a museum? i thought she left the van goh to bob?

107 -- ademption applies to bob's bequest because she gave it to museum before she died

107 are you joking or serious? Decedent gave the painting to the museum as a gift before she died.

Fourth Amendment?

I am glad I studied corporations and criminal law. Barbri's pick as the two most frequently tested subjects likely to come up on the exam--guess nobody really knows--I won't hold it against them.

93 -- you're right. Matter of Smythe, 64 Misc. 2d 440 (Surrogates Ct. 1970)

Some random people were videotaping us leaving the Javitz Center in NYC today. Hilarious. It wasn't a news crew, so that means it was most likely someone's proud parents. I mean, really, you guys? Exiting the dungeon-like Javitz basement is not exactly video-worthy...

(Also, locking off half of the women's room during the lunch break and then starting the afternoon session with 50 - 100 people still in line sucked.)

is adultery a defense to an abandonment divorce claim?

Yes, because it makes it justified

can't use abandonment as grounds if it wasnt "without justification," so I wrote that him sleeping around was justification

fuck i totally missed that she gave the painting to the museum (and thus didn't talk about ademption)

essay 1 - i thought he either had PC to stop or in the alternative could stop as a Terry stop for a car so he was there lawfully then saw the gas can in plain view and with the gas can and the other info had PC to arrest - except the illegality of a gas can is not immediately apparent

Can we get a poll: who wrote about the gas can as 4th A? I swear it just asked whether he can have PC based on what he heard over the wire

Could Jill, the adopted child of Ann, take as Ann's "issue" under Testator's will? That was the subject a practice MPT from like, 1998. Wish I could've cited Franklin law in my answer. :-(

117--don't sweat it--that was a small point. You aren't going to fail the bar exam because of it.

93 - same for adopted out

94 - I talked about 4th for incident to arrest and plain view

Man I didn't have that adopted out issue for anti-lapse in any of my notes. Did that Erica Fine discuss that issue?
Well, if argued fully the other way, what do you lose? A whole point? 1/2? 1/3?

HOW ABOUT THAT PARTY WALL ESSAY?!!!!

Thing is, just to pull over the car he had to have PC, which was from what he heard over the radio. Otherwise he couldn't have even pulled it over to get to the stage of plain view, etc.

so did anyone see NY practice? prof responsibility? corporations? trusts?

88: um, I think it was a present sense impression not an excited utterance- the guard seemed kinda bored...to be like, flipping his shizz !!!!!!

i wrote about the gas can, but the call of the question was legality of the arrest of Bookkeeper, so i think the gas can was one of those "it should be noted" jobs, worth maybe a point.

as for "i guarantee it" in the MPT, my view was it was a promise made w/ no intent at the time to live up to it, so it was material and intended to deceive, but there was no reliance b/c chump was pulling out of the lot at that point.

One of the proctors told me that if you didn't discuss Ademption, you would FAIL!

the def was challenging PC because officer didnt have personal knowledge. I dont think that has anything to do with whether he can seize can or search car. he wouldnt even be all up in hte bookkeeper's shit unless he already had PC from the radio.

fuck I hope I didnt totally miss a fourth amend question.

i just put down both PSI and EU....but didnt have a clue about testimonial

It 100% asked about the gas can being suppressed and a 4th amendment analysis was needed.

Also, I thought he couldn't even bring the abandonment claim because it had only been 9 months and you need a year? I thought that's why it was two parts, saying, assuming... because he had no right to bring it in the first place and then you had to talk about the adultery.

That said, there was a girl who could barely speak English near me so I am sure everyone is completely fine.

My problem was to guess WTF was an estranged child. I guessed it was a non-marital child, it seems I'm not too far from the point.

125 - thats why that Q was such a pain in the ass to write

118

i think there was too much of a delay for present sense impression. He had to call the police and then wait for a detective to show up.
But the facts had the word "exclaimed" before the statement, and he still could have been in an excited state describing the recent events, so that goes to excited utterance.
I don't know

130,

There definitely was a 4th Amendment question.

it asked about suppressing the evidence because cop didnt have personal knowledge, which he doesnt need because cops can pool their knowledge

dude, cops have PC if they get a tip over the bulletin from another cop. if not, how would they ever operate?

An arrest is a seizure in NY; therefore the 4th amendment comes in play, and probable cause is required in for the arrest to reasonable. Also, no warrant is needed to arrest in public because the officer had reasonable grounds to believe that the suspect committed a felony (the bulletin is sufficient).

I cannot believe you bar takers are on this site instead of geting drunk before going to bed early.

abandonment is 12 months min, this said 9 months for divorce

What was the call of the gas can question?

The motion on the second issue of the second iss