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Burning Sands, Esq.

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Memoirs of a Bar Examinee
« on: May 14, 2007, 08:45:27 PM »
Having officially started Bar Prep today, I invite any and all fellow JD's out there who are sharing in the hazing process to share your tales here; and law students and pre-laws can feel free to ask Bar Related questions. Perhaps we can all get through the insanity together.

------------------
DAY 1:

Dear Future, Current, and Past Law Students of the BLSD and beyond,

Today was the first day of PMBR.  That acronym may not mean much to you now as you make your way through the jungle of the law school application process, but trust and believe you will become familiar with it.  Don't worry about what it stands for...to be honest I don't even know what it stands for an I'm a PMBR rep at my law school.  What is important is what it can give you.  And as I write this, I have no idea whether or not any of this crap they have us going through will make the difference in passing or failing the bar, but I have to believe that it does - otherwise what the hell am I doing getting out of bed at 7:45am on a Monday. I don't get up on Mondays anymore. I don't get up on any days anymore for that matter. Haven't done that since we were actual law students (aka 1L's). 

So like I was saying, Day 1 was contracts.  They had us sit down in this crowded auditorium and take a 2 1/2 hour practice exam of the MBE.  The MBE is one acronym that is probably worth knowing - that's the Multi-state Bar Exam.  That's a fancy way of saying "Multiple Choice."  Yes, just when you thought that standardized testing was over and done with, POW! Here comes the MBE upside your dome.  The MBE...taking the substantive law that took you 4 months (or even up to a year) to memorize and fully comprehend and reducing it down to nothing more than a commercialized and meaningless "fill in the bubble" answer sheet.  What a concept.  All those nuances you learned - gone. All those exceptions to the exceptions to the exceptions - gone.  All those hours spent trying to argue "both sides" of every legal issue - gone.  Just fill in "C," Pal and keep it moving.

Oh you'll get the opportunity to write the essays that you know and love on the bar exam itself, but that's not until day 2 of the actual bar exam.  That's what BarBri prepares you for.  (if you don't know what BarBri is yet, you soon will).  Day 1 is the multiple choice day of the exam.  That's where the real fun is.  At no surprise, this is also the day that makes or breaks most law students.  People fail the bar because they fail the multiple choice half of the bar, not because they failed the essay half.  You've been writing essays on law school exams for 3 years by now, you got that *&^% down to a science (hopefully).  Mutliple choice however...you either know it or you don't.  And sometimes, even when you know it, you still don't.  They go by this "pick the best answer" bull that basically means that more than one answer can be correct, and you have to choose the "Best" correct (or incorrect) answer out of what you are given.

So they'll say some stuff like NYU Law School is located in:

A. California
B. Ohio
C. New Jersey
D. Virgina

The answer being "C" because Jersey is the "most correct" answer, even though it is wrong.

So anyway, getting back to Day 1 of PMBR - the multiple choice people.  Today was Contracts.  I hate contracts. I probably hate contracts b/c I hated my professor who "taught" contracts. I say "taught" but let's keep it real, he didn't teach jack *&^%.  I learned contract law from Examples and Explanations, with a touch of Crunch Time.  Which basically means I know the general concepts and that's about it.  Rather, I should say I knew the general concepts, because after todays mock test I can clearly see now that I don't know jack about contracts. 

50 multiple choice questions.  I got 20 correct.  What's worse is that when the professor polled the room to see how many people got right, the overwhelming majority got no higher than 25 correct.  That's 1/2 man!  WTF? 

So there I am, graduating 3L, managing editor of Law Review, teaching & research assistant for multiple classes, on top of my game and got a whopping 20 out of 50 contracts questions correct.  HA!  :D  Gotta laugh at that one.  Straight comedy. But the cool part was nobody was really trippin off of it because as today's lecturer told us, it does not matter how many you got correct or incorrect today - the Bar Exam is in July.  You have 2 months to build on today and make sure you get these questions right when it counts. 

And in case you're wondering what type of questions they ask, since the fair use doctrine applies here and there's no copyright infringement I'll give an example of a short one (one of the very few that I actually got right):




In a written contract Singer agreed to deliver to Byer 500 described chairs at $20 each F.O.B. Singer's place of business.  The contract provided that "neither party will assign this contract without the written consent of the other."  Singer placed the chairs on board a carrier on January 30.  On February 1 Singer said in a signed writing, "I hereby assign to Wheeler all my rights under the Singer-Byer contract."  Singer did not request and did not get Byer's consent to this transaction.  On February 2 the chairs while in transit were destroyed in a derailment of the carrier's railroad car.

In an action by Wheeler against Byer, Wheeler probably will recover

(A) nothing, because the Singer-Byer contract forbade an assignment
(B) the difference between the contract price and the market value of the chairs
(c) nothing, because the chairs had not been delivered
(D) $10,000, the contract price


Yeah.   :P   I'll let ya'll figure that one out. 


Day 2 tomorrow: Property. More to come later....

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Charles H. Houston

Justiceforall

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Re: Memoirs of a Bar Examinee
« Reply #1 on: May 14, 2007, 08:53:26 PM »
I'm told one should go to the a law in the state they plan on practicing law. Is that good advice? I  plan on going to a school in the north east (or maybe out west..not sure how standford is) but I plan practicing in Florida. Is this a  recipie for disaster? going to harvard law school and trying to pass the Florida Bar?
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pikey

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Re: Memoirs of a Bar Examinee
« Reply #2 on: May 14, 2007, 08:55:04 PM »

In a written contract Singer agreed to deliver to to Byer 500 described chairs at $20 each F.O.B. Singer's place of business.  The contract provided that "neither party will assign this contract without the written consent of the other."  Singer placed the chairs on board a carrier on January 30.  On February 1 Singer said in a signed writing, "I hereby assign to Wheeler all my rights under the Singer-Byer contract."  Singer did not request and did not get Byer's consent to this transaction.  On February 2 the chairs while in transit were destroyed in a derailment of the carrier's railroad car.

In an action by Wheeler against Byer, Wheeler probably will recover

(A) nothing, because the Singer-Byer contract forbade an assignment
(B) the difference between the contract price and the market value of the chairs
(c) nothing, because the chairs had not been delivered
(D) $10,000, the contract price


Yeah.   :P   I'll let ya'll figure that one out. 


Day 2 tomorrow: Property. More to come later....



Is it A, because Wheeler has no legal standing to bring action against Byer because the assignation was void?  On the other hand, the question doesn't explicitly state that W paid any consideration for the assignation, just that B assigned his rights (ie the chairs).  So I'd assume that W would have to case if he gave no consideration, because the assignment is just a gift.  Then again...  ???

What's the damn answer?  :D
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lsn

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Re: Memoirs of a Bar Examinee
« Reply #3 on: May 14, 2007, 09:04:13 PM »
C?

Do people take Barbri without taking PMBR?

A.

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Re: Memoirs of a Bar Examinee
« Reply #4 on: May 14, 2007, 09:34:46 PM »
Something screwy went on with the board.

Burning Sands, Esq.

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Re: Memoirs of a Bar Examinee
« Reply #5 on: May 14, 2007, 10:12:02 PM »
I'm told one should go to the a law in the state they plan on practicing law. Is that good advice? I  plan on going to a school in the north east (or maybe out west..not sure how standford is) but I plan practicing in Florida. Is this a  recipie for disaster? going to harvard law school and trying to pass the Florida Bar?

Generally speaking, most people do, in fact, attend law school in the state in which they want to practice b/c, as you mentioned here, you learn the state law of the state in which your law school resides.  However (get used to the word "however", it will be used in law school every time you learn a rule about anything) this is not always the case.  It is quite possible to take state A's bar exam and attend law school in state B.   I don't have the actual number, but I think that a good % (I want to say the majority) of law students who attend Harvard law school in particular do not take the Massachusetts bar.  I have several classmates taking the Florida bar exam in July.
"A lawyer's either a social engineer or a parasite on society. A social engineer is a highly skilled...lawyer who understands the Constitution of the U.S. and knows how to explore its uses in the solving of problems of local communities and in bettering [our] conditions."
Charles H. Houston

Burning Sands, Esq.

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Re: Memoirs of a Bar Examinee
« Reply #6 on: May 14, 2007, 10:13:18 PM »
Something screwy went on with the board.

Yeah, that was weird.  It wouldn't let me reply at all.
"A lawyer's either a social engineer or a parasite on society. A social engineer is a highly skilled...lawyer who understands the Constitution of the U.S. and knows how to explore its uses in the solving of problems of local communities and in bettering [our] conditions."
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Sparkz1920

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Re: Memoirs of a Bar Examinee
« Reply #7 on: May 14, 2007, 10:21:05 PM »
I would say C

A contract requires an agreement, offer, and acceptance.Ownership was never transferred from one persom to the other, and since its personal property, it must always have an owner

It was not accepted, so it should be null and void

Just a guess...Dont kill me

Burning Sands, Esq.

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Re: Memoirs of a Bar Examinee
« Reply #8 on: May 14, 2007, 10:23:59 PM »
C?

Do people take Barbri without taking PMBR?

You can't just say C and not give any explanation. You know that don't ride in law school. :D


As far as BarBri without PMBR, I would say the vast majority do exactly that.  About 90% (or more) of law students take BarBri. Only about...20, maybe 25% take PMBR.


"A lawyer's either a social engineer or a parasite on society. A social engineer is a highly skilled...lawyer who understands the Constitution of the U.S. and knows how to explore its uses in the solving of problems of local communities and in bettering [our] conditions."
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Sparkz1920

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Re: Memoirs of a Bar Examinee
« Reply #9 on: May 14, 2007, 10:30:04 PM »
I'm told one should go to the a law in the state they plan on practicing law. Is that good advice? I  plan on going to a school in the north east (or maybe out west..not sure how standford is) but I plan practicing in Florida. Is this a  recipie for disaster? going to harvard law school and trying to pass the Florida Bar?

I was told the same thing by my philosophy professor because im going to school in Lousiana and surely, im not trying to stay here. Being as this is the only civil law state, things are going to be taught differently focusing on civil law. But another professor of mine told me that any good law school will prepare you to take the bar exam anywhere. We'll see i guess