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Author Topic: the pillar upon which the rest of the judicial system rests...  (Read 774 times)

RickLax.com

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So Iím studying for the bar, and apparently thereís something called the Rule of Perpetuities, and apparently itís like the #1 most important law in the entire American legal system.  (Judging by how many questions on the bar deal with it.)  I donít understand it, but I feel pretty confident (again, based on how much itís covered on the bar) that it stands as the pillar upon which the rest of the judicial system rests. 

I talked with some people from other sections, and none of them went over it in class either.  Are we alone, or have some of you not covered it either?

-Rick @ http://ricklax.com


scoundrel

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Re: the pillar upon which the rest of the judicial system rests...
« Reply #1 on: July 07, 2008, 11:53:54 PM »
You completed a 1L year at an Anglophone law school, including a mandatory Property survey class, and didn't discuss the ROP? You should sue. Get a partial refund.

Except it dawns on me that I'm a little slow on the uptake, and you're just kidding. Right?

ouffha

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Re: the pillar upon which the rest of the judicial system rests...
« Reply #2 on: July 08, 2008, 03:27:24 AM »
So Iím studying for the bar, and apparently thereís something called the Rule of Perpetuities, and apparently itís like the #1 most important law in the entire American legal system.  (Judging by how many questions on the bar deal with it.)  I donít understand it, but I feel pretty confident (again, based on how much itís covered on the bar) that it stands as the pillar upon which the rest of the judicial system rests. 

I talked with some people from other sections, and none of them went over it in class either.  Are we alone, or have some of you not covered it either?

-Rick @ http://ricklax.com



Ricky, buddy. My man. These are my notes from Property class on the rule against perpetuities. Here you go buddy. All you have to do is follow these three steps. Good luck on the IL bar:

Rule against perpetuities: No interest is valid unless it vests, if at all, no later than 21 years after the death of the last life in being at the creation of the interest. Perpetuities period is the time between the creation of the interest and 21 years after the death of the last life in being. An interest will vest the moment the contingency occurs.

The rule against perpetuities applies to interests that are not sure to vest within the perpetuities period:

1. Determine what future interests have been created.

a.   RAP does not apply to:
-   Rev, PR, RRE (all reversions in O)
-   AVR
-   VRSD
b.   RAP applies to:
-   CRCE, CRUP (all contingent remainder)
-   VRSO
-   SHEI
-   SPEI (all executory interests)
-   Options to purchase: A right to buy the property back whenever the grantor chooses to do so.
-   Preemptive rights (ownerís right of first refusal): The grantor ensures the owner when he chooses to sell that he will buy the unit for its fair market value or find someone who will.

2.   If RAP applies, determine if the interest is valid: If there is any possibility that the interest will vest 21 years after the death of the last life in being, the interest is void.

3.   If the interest is void, determine what interests remain by striking out the invalid interest and seeing what is left. What is left must be valid.

jacy85

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Re: the pillar upon which the rest of the judicial system rests...
« Reply #3 on: July 08, 2008, 07:43:38 AM »
(Judging by how many questions on the bar deal with it.)   



You clearly have no idea what you're talking about (not that we needed any proof before now).  Of the 33 property questions, there are, at most, 2 questions on the RAP on each exam.  And most of the time you're seeing the RAP mentioned, it's a red herring, a distraction, that is completely irrelevant to the problem.  If you're doing MBE practice questions, I suspect you need to spend more time reading the answers/explanations.

ouffha

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Re: the pillar upon which the rest of the judicial system rests...
« Reply #4 on: July 08, 2008, 08:33:58 AM »
(Judging by how many questions on the bar deal with it.)   



You clearly have no idea what you're talking about (not that we needed any proof before now).  Of the 33 property questions, there are, at most, 2 questions on the RAP on each exam.  And most of the time you're seeing the RAP mentioned, it's a red herring, a distraction, that is completely irrelevant to the problem.  If you're doing MBE practice questions, I suspect you need to spend more time reading the answers/explanations.

Jacy's absolutely right. Ricky you got it wrong this time. You got it wrong. Plus, you didn't make much sense.

Luziana

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Re: the pillar upon which the rest of the judicial system rests...
« Reply #5 on: July 08, 2008, 09:32:19 AM »
(Judging by how many questions on the bar deal with it.)   



You clearly have no idea what you're talking about (not that we needed any proof before now).  Of the 33 property questions, there are, at most, 2 questions on the RAP on each exam.  And most of the time you're seeing the RAP mentioned, it's a red herring, a distraction, that is completely irrelevant to the problem.  If you're doing MBE practice questions, I suspect you need to spend more time reading the answers/explanations.


The MBE doesn't involve many true RAP questions, you're right.  But the RAP issues in essay questions might depend on the state.  I've noticed a disturbingly large number of past property essays in my state that involve grants that seem to call for analysis of the state's version of the RAP.  (Thankfully, the state version of the rule is more sensible than the traditional common law version -- and I think the examiners want us to know that.)  Your state may vary, of course.

My section in property class during 1L didn't cover the RAP, either, because our property professor said it's just a confusing common law rule that nearly all states have abolished or modified.  :)

StevePirates

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Re: the pillar upon which the rest of the judicial system rests...
« Reply #6 on: July 08, 2008, 01:00:59 PM »
In my property class we went over RAP a decent amount.  But I am convinced that it was just law school hazing, like Pennoyer.  Very few states have traditional RAP anymore, and with the proliferation of artificial reproductive technologies, I think the doctrine is on its last legs anyways.