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CA BAR TAKERS: Give me your preferred essay topics
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Date: July 22nd, 2012 5:18 AM Author: carnelian arousing set people who are hurt Has to follow the CA precedent of at least 3 but no more than 4 MBE subjects
1. Contracts/Remedies 2. Criminal Law (murder) 3. Community Property 4. Professional Responsibility 5. Torts (negligence) 6. Business Association |
Date: July 22nd, 2012 5:23 AM Author: Ungodly up-to-no-good state there are generally only 2 or 3 major issue areas tested per subject. pray that you remember a couple of them (http://www.autoadmit.com/thread.php?thread_id=2001219&forum_id=2#21145027) |
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Date: July 23rd, 2012 1:54 AM Author: Maniacal orchestra pit ceo In no particular order:
1. Con Law (Equal Protection and/or Substantive DP) 2. Contracts/Remedies 3. Torts (Products Liability) 4. Crim Law (Homicide) 5. Federal Civ Pro (PJ/SMJ/Venue and/or Preclusion) 6. Professional Responsibility
I'm also pretty good with most Real Property issues, but I haven't practiced them much since Real Property is unlikely to be tested.
I'd do poorly on a CA Evidence essay (I'd end up applying all federal law while trying to work in the half dozen CA distinctions I can remember), and I'd probably fail any essay testing Wills & Trusts. If the examiners wanted to ensure my failure, they'd test both on Tuesday. |
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Date: July 23rd, 2012 1:57 AM Author: heady school cafeteria really tough guy people say there will be a torts (SPL) and crim law essay as well as civ pro (fed) (http://www.autoadmit.com/thread.php?thread_id=2001219&forum_id=2#21152598) |
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Date: July 23rd, 2012 2:02 AM Author: Maniacal orchestra pit ceo Yeah, I'm REALLY hoping for at least two out of those three. And the fewer state-specific subjects, the better (though I can probably handle Comm Property since that's all I've been practicing lately). (http://www.autoadmit.com/thread.php?thread_id=2001219&forum_id=2#21152650) |
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Date: July 23rd, 2012 2:05 AM Author: heady school cafeteria really tough guy CP has been the most troubling subject for me...transmutations and how property is held and shit. like wtf seriously. if H takes property in his own name but yet uses CP funds, it's considered CP because title doesn't matter if we trace back the funds..etc (http://www.autoadmit.com/thread.php?thread_id=2001219&forum_id=2#21152668) |
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Date: July 23rd, 2012 3:57 AM Author: Maniacal orchestra pit ceo Yeah brother, I've been working at it pretty much all day, and I still feel only OK about it (it didn't make my preferred topics list).
I've found that systematically analyzing each item with a checklist works best for me. Here's my item-by-item checklist:
(1) Trace the Source
(A) WHEN was the item/funding acquired (during marriage or not)? (B) HOW was the item/funding acquired (gift/devise/bequest)? You can sometimes argue an implied gift from one spouse to another. (C) Do special rules govern the source? Examples: Life Insurance, Personal Injury, Severance Pay, Stock Options, Commingled Bank Accounts, Education. (D) Dual Source -> Pro Rata Interest. Different formulas for (i) mixed SP-CP cash contributions and (ii) benefits partially accrued during marriage, but same idea.
(2) Actions Altering Characterization
(A) Agreements - 2 Kinds (i) Antenuptial Agreement - Check if valid. (ii) Transmutation - Check if valid.
(B) Taking Title - 2 Rules (i) Property In W's Name Before 1975 = Presumed SP (MWSP) (ii) Jointly Titled Property: Death -> Lucas = Presumed CP, No Reimbursement Divorce -> Anti-Lucas (Unless acquired before 1984, in which case apply Lucas) = Presumed CP, But Reimbursement
(C) CP Used to Improve Value of SP - 2 Rules (i) CP Used to Improve One Spouse's SP: Improve Own SP = Community Reimbursed Improve Other Spouses' SP = Gift Presumed (If Not Gift, Community Reimbursed) (ii) CP Labor Enhances Value of SP Business: Apply Pereira and Van Camp. Can also argue business' goodwill increased (even if its book value did not); any increase is CP.
(3) Distribution (A) Divorce - 50/50 distribution, with various exceptions. (B) Death Will -> Devise Decedent's SP and 1/2 CP. Intestate -> Spouse gets all CP. SP depends on whether decedent has issue/parents. |
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Date: July 23rd, 2012 4:04 AM Author: Doobsian tripping house reading party very credited. (http://www.autoadmit.com/thread.php?thread_id=2001219&forum_id=2#21153145) |
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Date: July 23rd, 2012 1:56 AM Author: Chestnut boistinker 6 questions on the rule against perpetuities (http://www.autoadmit.com/thread.php?thread_id=2001219&forum_id=2#21152591) |
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Date: July 23rd, 2012 1:57 AM Author: heady school cafeteria really tough guy LOL !!!
LIB + 21 yrs. not that hard. |
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Date: July 23rd, 2012 2:07 AM Author: Chestnut boistinker right. id fuckibg kill it (http://www.autoadmit.com/thread.php?thread_id=2001219&forum_id=2#21152683) |
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Date: July 23rd, 2012 3:35 AM Author: Doobsian tripping house reading party in order of preference
1. civ bro (PJ/RJ/CE) 2. crim (anything, shit's easy) 3. PR (loyalty) 4. biz ass 5. evidence 6. Ks
i would cum |
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Date: July 23rd, 2012 10:06 AM Author: heady school cafeteria really tough guy (http://www.autoadmit.com/thread.php?thread_id=2001219&forum_id=2#21153817) |