tag:blogger.com,1999:blog-16293951.post8176219798649492153..comments2023-10-14T06:29:22.835-07:00Comments on Law Law Stud: DenouementBrucehttp://www.blogger.com/profile/04416473141229226736noreply@blogger.comBlogger14125tag:blogger.com,1999:blog-16293951.post-66925052508132640032008-08-02T03:06:00.000-07:002008-08-02T03:06:00.000-07:00Richard, I was also perplexed as to how to approac...Richard, I was also perplexed as to how to approach Essay 6. I know it involved CP, and I wrote the boilerplate; but I was at a loss as to which transactions would've been wills. Fortunately, I had enough sense to look ahead at the proceeds from the sale of the condos, and disposed of that in short work.<BR/><BR/>Anyway, as I've said before, it's too late to second-guess ourselves, so let's just put it off until November. I hope we all pass. :)Brucehttps://www.blogger.com/profile/04416473141229226736noreply@blogger.comtag:blogger.com,1999:blog-16293951.post-66606616444518236572008-08-01T22:56:00.000-07:002008-08-01T22:56:00.000-07:00as far as part pt-b, I didn't think it was hell bu...as far as part pt-b, I didn't think it was hell but it was certainly a beast. here's what I did: i formatted it as a brief, copying the format of the motion. I had one roman numeral heading and three letter subparts. A) Miranda only applies to custody; B) the 8 factors; C) distinguish from the last case. <BR/><BR/>While they intentionally gave you an unsympathetic assignment, they gave you enough precedent from Clay and Mathiason that I think you had to do your job and write the brief the boss asked for. it was ambiguous enough, even when they were accusing him, they were kind of nice about it. I conceded some of the factors, but worked the facts I had as much as possible. <BR/><BR/>Sorry to say, I dont think saying "its not ethical to make this argument" is an acceptable answer. if you really worked for the DA, would your boss be ok with such an answer? what they want to see you do is *represent your client* ... if your client is the DA, suck it up and write the motion.<BR/><BR/>on the essays ... that CP/wills question was a killer, I dont know what crap I wrote. everything else was more of less OK. <BR/><BR/>MBEs were hard ... what was with all those fucking mortgage questions?Richard Komanhttps://www.blogger.com/profile/14450767906149037492noreply@blogger.comtag:blogger.com,1999:blog-16293951.post-20796574589043634492008-08-01T14:07:00.000-07:002008-08-01T14:07:00.000-07:00canbf, I think that's a creative way to approach i...canbf, I think that's a creative way to approach it, so I hope you'll get some points for that. I believe the correct rule isn't that we should never file a brief that's unsupportable, but that we make a good faith effort to conform with the law. For my part, I had a few sections where I started sentences with, "the people concede ..." and made the arguments anyway.Brucehttps://www.blogger.com/profile/04416473141229226736noreply@blogger.comtag:blogger.com,1999:blog-16293951.post-43409149062754338722008-08-01T13:21:00.000-07:002008-08-01T13:21:00.000-07:00on the thurs perf test, I ADMIT that I advised my ...on the thurs perf test, I ADMIT that I advised my attorney that I did not think we could "ethically" argue that Cray was controlling and that despite there being some factual distinctions, it was extremely unlikely that a trial court would or, frankly, could disregard controlling precedent from that state's supreme court. <BR/><BR/>after reading the materials, and given the fed vs. state staire decises (how do you spell that word) issue, I thought maybe the bar examiners were seeing if we recognized that ethically you cannot argue a point of law that is not the prevailing law absent a good faith belief that the court will/should/could apply the new legal theory. <BR/><BR/>I just didn't think that we could argue that a trial court would simply disregard the supreme court ruling or that we believed the trial court would.<BR/><BR/>The sad/scary part is that after pointing out that we could try to distinguish Cray from Adams based on Cray being newer and providing more concrete factors/test, I really thought the law required/mandated that we advise the attorney that ethics probably prevented us from filing a brief, based on Cray, that stood in direct opposition to applicable suprem court precedent.<BR/><BR/>Did ANYBODY else do something this stupid?canbfhttps://www.blogger.com/profile/01561124879289552280noreply@blogger.comtag:blogger.com,1999:blog-16293951.post-23846484649271456132008-08-01T12:39:00.000-07:002008-08-01T12:39:00.000-07:00I guess I know when to quit. Besides, there's no ...I guess I know when to quit. Besides, there's no point angsting myself for the next 4 months when I can always just spend December and January studying anyway. Also, I need to find a job to pay my bills with. :(Brucehttps://www.blogger.com/profile/04416473141229226736noreply@blogger.comtag:blogger.com,1999:blog-16293951.post-50500462835985953812008-08-01T12:09:00.000-07:002008-08-01T12:09:00.000-07:00Man, you got a good attitude. I'm contemplating s...Man, you got a good attitude. I'm contemplating studying for Feb now!!! That's how bad I feel.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-16293951.post-30176260337568411672008-08-01T12:02:00.000-07:002008-08-01T12:02:00.000-07:00Anonymous, I wouldn't worry too much about it. So...Anonymous, I wouldn't worry too much about it. Some of the most brilliant people I know from my school ended up wandering off into details that may make the examiners' eyes glaze over. In any case, yes, it was a pretty horrible exam, and I feel like you do in terms of maybe having missed issues, feeling violated on the MBE, and so forth. But there's not much we can do now, and so long as we did our best, we should just be satisfied that we're done. :)Brucehttps://www.blogger.com/profile/04416473141229226736noreply@blogger.comtag:blogger.com,1999:blog-16293951.post-65010504371713202972008-08-01T11:56:00.000-07:002008-08-01T11:56:00.000-07:00Thanks man. How did you feel you did? Overall, I...Thanks man. How did you feel you did? Overall, I have a bad feeling about the whole thing. I ran through the essays and did a self assessment and I think I missed several issues.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-16293951.post-14201630411374217022008-08-01T10:54:00.000-07:002008-08-01T10:54:00.000-07:00Anonymous, that's essentially what I ended up doin...Anonymous, that's essentially what I ended up doing, except I ran out of time for the 8 parts, so I skipped ahead and did a medium-sized paragraph on the totality of the circumstances.Brucehttps://www.blogger.com/profile/04416473141229226736noreply@blogger.comtag:blogger.com,1999:blog-16293951.post-7870625238280473862008-08-01T10:13:00.000-07:002008-08-01T10:13:00.000-07:00Curious as to what the format of the PT2 was. I h...Curious as to what the format of the PT2 was. I honestly had no idea so I just did an intro, argument with the 8 points + totality of circumstances as a last point, and conclusion. Sort of like a memo. Will that suffice?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-16293951.post-22612634282149568532008-07-31T21:56:00.000-07:002008-07-31T21:56:00.000-07:00Oh don't even get me started on the MBE. I think ...Oh don't even get me started on the MBE. I think that's what pure evil must look like. You know how it's gonna be. I'm gonna die, I'm gonna go up to St. Peter, and he'll ask me an MBE question, and if I get it wrong, I'm going to hell, where it's MBE questions for the rest of eternity!Brucehttps://www.blogger.com/profile/04416473141229226736noreply@blogger.comtag:blogger.com,1999:blog-16293951.post-51457692322567330022008-07-31T21:49:00.000-07:002008-07-31T21:49:00.000-07:00I got some good points in on that last one about h...I got some good points in on that last one about how it was only 5 hrs, but after you subtract the 40+ mins for breaks, it was really like 4hrs, which was about half the time that the Cray court found acceptable.<BR/><BR/>Remedies was ok because the questions they asked were very very specific (ie: 1.injunction?, 2.replevin? S.p.?, 3. expectation damages? anythingelse you can think of?)<BR/><BR/>The property one had a really easy issue (JT into TinC and what the rights and burdens each person had in a TinC). The only weird thing that took some hemming and hawing was what to do with the odd deed delivery to Ed.<BR/><BR/>What killed me today was the CP question. There were so mny little issues that i really ran out of time. I pretty much gave up writing rules and issue statements and was just rambling by the second half of it.<BR/><BR/>But what really killed be was the MBE. The stupid questions weren't clear about so any things. Are the talking about contrib. or comparative? What does it mean that the mortagage and the promissory note are seperated in the question? and so on. It's like everything was familiar, but none of the questions made sense. I'd usually narrow questions down to either "yes," or "no." Hah! I did real well. real well...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-16293951.post-31044552446385838312008-07-31T21:33:00.000-07:002008-07-31T21:33:00.000-07:00Figuring out the format was the easy part. Findin...Figuring out the format was the easy part. Finding the time to go through all eight points and laying out the argument, counterargument, etc., was hard, and I didn't have enough time. I had two sentences for point eight saying, hey, the guy in <I>Clay</I> was in for 7 hours!<BR/><BR/>I ran out of so much time, I actually ended up saying, "the people concede ..." <B>something</B>.<BR/><BR/>The MBE was pure evil. PT-B was as evil as any of the written portions went.Brucehttps://www.blogger.com/profile/04416473141229226736noreply@blogger.comtag:blogger.com,1999:blog-16293951.post-20308090471635438732008-07-31T21:23:00.000-07:002008-07-31T21:23:00.000-07:00I didn't think the last perf. test was too bad. I...I didn't think the last perf. test was too bad. I mean,yeah, the facts were really against us...but it was a super easy layout, right? Just an eight point checklist. State te eight points and argue each one. The fact that the facts sucked for our side just helped us make/think of good counter-arguments (that we would then need to shoot down)... just my two cents. The MBE on the other hand...hell.Anonymousnoreply@blogger.com