Memoirs of a Bar Examinee

[smujd2007]

PMBR= Preliminary Multistate Bar Review.

I am going into day four of PMBR tomorrow.  So far I have done evidence, torts, and criminal law.  Torts and criminal law are the easiest subjects, while evidence and property are the most difficult.

I have property tomorrow.  I just finished taking the diagnostic test and it was pretty dismal.  But, like Avatar says, we have 2 months to get it right! I did okay on evidence and torts, getting about half of the questions right . . . but criminal law and property I'm pretty weak in those areas.  I'm guessing that con law will be okay but contracts . . . avatar, don't feel bad.  I just might score lower than you! 

[slacker]

Alci; that's pretty much it. When you consider an assignment, the assignment gets split into the assignment of benefits and the delegation of duties. In this case, Singer performed the duties under the K, and then assigned the benefits to Wheeler. Delegating the duties can change the value of the K, but assigning the benefits doesn't change the terms, conditions, expectation.

Right on.  Although it doesn't make much sense to "assign" your benefits to somebody else after you've done all the dirty work, the law definitely allows it.


What do you think of the bar process so far, Slacker?

I felt kind of whopped upside the head by reality. And it was only day 1. That's why I'm doing the 6-day, though; to get a gauge of where I'm at. I got a little more than 20, but not many. Then again, per the lecturer, that's average for Ks.

My hard day will come later in the week, when I have a final in addition to the lecture.

That said, this little preview tells me that it's going to be a fun summer.

[Burning Sands, Esq.]

PMBR= Preliminary Multistate Bar Review.

Ah, give SMU the gold start for remembering that!

I felt kind of whopped upside the head by reality. And it was only day 1. That's why I'm doing the 6-day, though; to get a gauge of where I'm at. I got a little more than 20, but not many. Then again, per the lecturer, that's average for Ks.

My hard day will come later in the week, when I have a final in addition to the lecture.

That said, this little preview tells me that it's going to be a fun summer.

Yessir!!!!  Off to property.  More to report later.

[A.]

Have fun with the Rule Against Perpetuities.  Measuring life!  lol

[pikey]

Have fun with the Rule Against Perpetuities.  Measuring life!  lol

That hasn't been replaced/repealed in the US? Though we still have some trusts here that go by 20 years after the death of queen elizabeth.

[A.]

Have fun with the Rule Against Perpetuities.  Measuring life!  lol

That hasn't been replaced/repealed in the US? Though we still have some trusts here that go by 20 years after the death of queen elizabeth.

Lol, you semi-brits.  Whether an RAP exists, and if so, which RAP, depends on each state.  Lots of variation.  I think NY still has it.

ETA: Indeed, property law in general has wide state-by-state variation.  At least with contracts, there is a bit of uniformity.  Tort law also has a good deal of variation.

[pikey]

Have fun with the Rule Against Perpetuities.  Measuring life!  lol

That hasn't been replaced/repealed in the US? Though we still have some trusts here that go by 20 years after the death of queen elizabeth.

Lol, you semi-brits.  Whether an RAP exists, and if so, which RAP, depends on each state.  Lots of variation.  I think NY still has it.

ETA: Indeed, property law in general has wide state-by-state variation.  At least with contracts, there is a bit of uniformity.  Tort law also has a good deal of variation.

Oh you states and your lack of uniformity.  It's such a female dog to deal with.  We've repealed the RAP and it's straight up 100 years, at least for a trust.

[A.]

Our Federalism

[pikey]

Our Federalism

I have to say, this is where my FOBishness really shows.  I just don't get it.  I don't get why the govt doesn't make things more uniform and tell the states to stfu.  I get that the constitution doesn't allow it, but at the same time, wouldn't the states want to be more uniform?  The mind boggles...

[A.]

Well, the way it was designed was to allow the national government to do certain things that would be inefficient for each state to do (e.g., national defense), while leaving everything else for the states.  The thought is that because the U.S. is so large, leaving things for each state will allow the states--and thus the country--to be more responsive to their residents.  But as time went on, the national gov't usurped increasingly more power (esp. during the Roosevelt years), yet there is still a belief among Americans that the smaller units know best.  And I think there is something to be said for that.  Especially the experimentation function.  If one state successfully innovates, then the others have an incentive to copy.  Like corporations law.  It's surprisingly uniform because each state has the incentive to attract businesses.  Yet, if the national gov't were to regulate all corporate law, it would likely not be nearly as efficient, since there wouldn't have been 50 experiments to see what was right.

Tell me, do you think London or Bermuda knows what's best for Bermudians?