Yes, the Bar Exam Is Over

The second day of the bar exam was today, and all I can say is IT IS OVER!!!! It wasn't as bad as I thought it would be, and I was not as nervous. But I am also not sure how to feel. Of course, I have no idea how I did on the MBE. I hope I did well. My practice MBE test scores had been pretty good recently, so I had that tranlated into a decent multistate score on the exam. I also hope I did OK on the essay portion. I keep thinking of things I didn't include in the essays, and things I did include that were wrong. We don't have to have an excellent essay, just one that is passing. I hope mine is passing. It will be a long time until Oct. 10 whe I find out.

Bar Exam: Studying With Others Has Been Invaluable

Going into this, I wasn't sure what to expect once bar review started. I knew I would be attending the BarBri and PMBR sessions. But studying for the bar requires a lot of outside study too. I had assumed I would be studying by myself. I felt OK with this, because I am good at studying by myself.

But instead, I have been meeting one or two people everyday since the bar review classes have stopped. We mostly just study on our own, but are there together. Usually at a Starbucks. So if we have questions or just need moral support, we are there for each other. I can't imagine doing this any other way. It would be so lonely. And scary in a way, since you wouldn't have anyone to compare notes with. I would definitely recommend studying with at least another person during this difficult time. For people who take bar review classes in a new city, you can always meet people to study with during the BarBri classes.

Got Letter from Bar Examiners

Last week I got the letter we have all been waiting for--the letter saying we are approved to take the bar exam. That is a load off our backs. Not that I should have been worried, but we have heard that some people are prevented from even sitting for the bar exam. Not sure why. But I am glad I am not one. They figured out I am not a menace to society, and that maybe I could be of benefit to the legal field. The letter did indicate that they are still continuing our background investigations and that we still have to have a one-on-one interview before it is all said and done. But at least we are past this hurdle.

MBE: The Call of the Question

I am sitting here tonight having a bad run at MBE questions. This after having a good run yesterday. What am I to think? These questions seem an endless mound of insurmountable material. All to be mastered in a week. Jeez.

One trick I am trying to remember though is to read the call of the question first. That will help in knowing what to look for in the question. That helps you answer the question quickly and correctly. Except for tonight. Yikes.

Wonderful, Wonderful Copenhagen!

"Wonderful, Wonderful, Copenhagen." I love that song sung by Danny Kaye. It made me want to go to that city. It is on my list of places to go--a list that I hope to whittle down after I successfully pass the bar! Even looking at the photos on this link makes me want to book some Copenhagen hotels.

In addition to Copenhagen, I would love to travel to Scotland to check out my ancestors. It is a trip long overdue. I should have gone there many years ago. A visit to Edinburgh would be a must before heading out into the hinterlands. I would love to stay in one of the charming Edinburgh hotels.

Then over to Ireland to check on my ancestors from the other side of the family. Here again, it is a trip long overdue. I have long heard about how beautiful Ireland is and how very friendly the people are there. I would love to book some Dublin hotels.

Bush Should Pardon Marion Jones

I am determined to turn every one of my posts into something that relates to my bar study. Regarding constitutional law, the president is allowed to pardon federal criminals. Jones lied about using performance-enhancing drugs, which I knew about, but also lied about her knowledge of the father of one of her children in a check forging scheme, which I didn't know about. Bush should still pardon her. I like her, and I feel generous. He could pardon much worse.

PMBR 3 Day Workshop--Worth It!

I know there is a lot of discussion out there as to whether PMBR is worth the money. I have to say unequivocally that the three day workshop is great. The first day you do another simulated test. Granted, as I mentioned in the earlier post, I did worse on this test than I did on the BarBri one. But it was a wake up call as to the importance of doing practice questions, and the two day review of the questions was invaluable. I have seen a marked improvement on my practice tests since then, and I am sure the review had something to do with that. I would definitely recommend the 3-day PMBR.

PMBR Simulated Test: Bombed! Study Plan Revision Needed

I am in total panic mode now. I did worse today on the PBMR simulated test than I did on the Barbri one a month ago. And I have been studying. How can this be?

One reason may be that I did a lot of practice questions before the Barbri test, and I haven't done many lately. But still.....

But tough times call for tough measures. I still have two weeks, and I have to do a major overhaul on my study strategy.

First to go is the making of the flashcards. No more! Some people swear by them, but they slow me down. I never made or used flashcards in school, so why start now? I have been making flashcards on the essay subjects the last couple of weeks, and it has totally slowed me down, and I don't think it has added any to my knowledge. So no more flashcards.

Right now I am in study consolidation mode.

My plan today is to switch to doing again as many practice MBE questions I can do, as well as practice essay questions. In addition to reading through some mini outlines.

Not much different than what I did before finals in law school. But that got me through then, maybe it can as well now.

Bar Exam Tip: Specific Intent Crimes

These crimes include property offenses, first degree murder, and inchoate crimes--attempt, solicitation, and conspiracy. There are two defenses to specific intent crimes--voluntary intoxication and mistake of fact, even if unreasonable.

Bar Exam Tip: Aiding and Abetting

An individual aids and abets who counsels, commands or encourages another in the commission of a crime and is present during the crime. Minors can be guilty of aiding and abetting, but an individual cannot be guilty of aiding and abetting if they are a member of the class that is protected in the statute.

Bar Exam Tip: FOB

A seller bears the risk of loss until the goods reach the city (FOB City) and the seller makes reasonable arrangements to get the goods to the buyer. After this is met by the seller, the risk shifts to the buyer. If something happens to the goods enroute, the buyer can recover the amount necessary to replace the destroyed goods over the contract price.

Bar Exam Tip: Non Conforming Goods

If a buyer rejects goods because of defects in the shipment (non-conforming goods) the seller has an opportunity to cure the defects and send conforming goods up until the day of contract performance. But if the seller reasonably believed the shipment conformed to terms of the contract, even though they did not, the seller will be given a commercially reasonable time to cure the defect.

A shipment of non-conforming goods in addition to an accommodation notice is a counteroffer, which the buyer can either accept or reject.

Without the simultaneous accommodation notice, the seller is liable for breach of contract by sending non-conforming goods.

Bar Exam Tip: Volume Sellers

Say I go buy a SeaDoo and then decide I don't want it?

I may have to pay Mr. SeaDoo dealer some damages. The measure of damages for a contract with a volume seller of goods is the difference between the contract price and the wholesale price. Because if I return it, he will be out a sale. He could have made two sales if I hadn't returned mine, and then he had to resell it to someone else.

If I put a down payment on the SeaDoo, the dealer could get the difference between the measure of damages and the downpayment.

Bar Exam Tip: Commercial Impracticability

Commercial Impracticability occurs under 3 conditions:

1) the impracticality is attributed to an unforeseen problem that existed at the time the contract wa executed.

2) the risk of the unforeseen problem was not assumed by the defaulting party

3) undue hardship will occur if performance is not excused.

Bar Exam Tip: Anticipatory Breach

Just because you express doubt as to your ability to perform under a contract doesn't amount to anticipatory breach. You much make a clear and definite statement as to this effect and it has to be in writing.

The non breaching party can file a lawsuit immediately, make alternate plans, or both.

Something I see on practice questions a lot:

When a contractor fails to perform under the contract, and the other party has to bring in another contractor to finish the project, the non breaching party can recover the amount over the contract price that it cost to complete the building.

Bar Exam Tip: Accord and Satisfaction

Have you ever heard of accord and satisfaction and didn't know what it meant? I didn't until recently.

An accord is a substituted new or different obligation in place of the original obligation. It suspends the obligation under the original contract until the obligation under the accord is fulfilled (satisfaction.)

But if the obligation in the accord is not fulfilled, the non breaching party can seek a remedy under either the original contract or the accord.

Bar Exam Tip: Modification of Existing Contract

You first have to figure out if the contract is governed by common law or the UCC.

Under common law, new consideration is required to modify an existing contract. The preexisting duty rule bars modification without new and adequate consideration.

Under the UCC (goods) no considersation is required to modify a contract as long as the parties to the contract are acting in good faith.

Bar Exam Tip: Contract Mistake

My mistake or yours???

A mistake is either unilateral or mutual. A mutual mistake will usually prevent the formation of a contract, but a unilateral mistake will not unless the party not making the mistake knew or reasonably should have known that a mistake was made.

A clerical mistake, like a much lower price being inserted, will still be upheld unless the party not making the mistake knew or had reason to know that the bid was ridiculously low.

Bar Exam Tip: Preemption by Federal Law

To preempt state law, Congress must demonstrate an intent to do so--overlapping of legislative provisions, issues, subject matter, purpose of the legislation itself, etc.

But if the purpose for enacting a federal law is different from the purpose of enacting a state law, the state law will prevail.

Bar Exam Tip: Presidential Authority

Presidential authority is not unlimited.

The presidental pardoning powers only apply to federal crimes, so president cannot pardon a state official, state inmate, or a federal official who has already been impeached.

The president as commander in chief can raise and support the armed forces, but Congress controls the military rules and budget.

Bar Exam Tip: Takings Clause

To condemn/take property through the exercise of eminent domain

1) the property must be taken for a public purpose, and

2) the land owner must be given fair compensation (fair market value)

A temporary moratorium for an environmental purpose does not equal a taking.

Bar Exam Tip: Standing

In order to have standing for a suit, three requirements must be met:

1) Plaintiff must have suffered an injury in fact or a threat of immediate injury (broad category of injury).

2) The plaintiff must allege that the defendant is the cause of the plaintiff's injury

3) Redressability must be present, that there is a likelihood that a favorable decision for the plaintiff will remedy the plaintiff's injury.

Bar Exam Tip: RAMPS

In order for a suit to be tried, the justiciability doctrines must be overcome. RAMPS is a good mnenomic for this.

R=ripeness. A plaintiff's claim will be denied for the claim is premature and has not yet caused harm to the plaintiff.

A=no advisory opinions can be issued by the federal courts.

M=mootness.

P=no political questions.

S=standing.

Bar Review: PMBR Simulated Test Tomorrow

I can't believe it is just two weeks until the exam. I have two competing feelings: One is utter panic and the other is more relaxed. When I look at the mountain of material I still haven't mastered, I panic. When I remember that everyone says "you'll do fine" and that the two weeks before the test are the most valuable, I relax a little. But can't relax too much.

The PMBR simulated test is tomorrow, so I am going over the MBE material today. I have got to get some of this memorized. As I read through the con law section, I am heartened that it seems to be getting into my head easier. I am going to review all six subjects today, make a few more flash cards, and take some more online practice questions.

OK, I lied. I am a little freaked out--OK, a lot freaked out. May clarity come upon me.

New Yorker and Obama: Bad Magazine Cover

There is one thing I am an expert at: conceptualizing magazine covers. And magazine content, including illustrations in general. Over my career, there were many times I would have to put myself in the shoes of my readers, or whomever may pick up a copy of my magazine. I would always ask myself does the illustration portray the content accurately and fairly? Is there any chance the illustration or photograph would send the wrong message?

When you are in the communications business, the one thing you are afraid of is sending the wrong message. If you are a communicator and don't communicate the right message, that means you are a poor communicator. Definitely one thing you don't want to do.

That doesn't mean you don't want to stretch your audience and make them think. You definitely want to do that. But you have to deliver the correct message.

Did the New Yorker magazine do that? In fairness, I have not seen the magazine or read the article yet.

But from what I have heard, they have not. Apparently, the magazine cover was satire. There is nothing wrong with satire, but to be honest, a lot of people don't get satire. That is not a condemnation of them, it is just the truth. I am afraid the staff at the New Yorker violated my long standing gut test: Is the illustration going to send the wrong message. In this case, for many people, I am afraid it is. I am glad I did not make that decision.

In Nashville, We Are Not All Ignorant Racists

I was so dismayed when I watched CNN last night. One of their reporters had come to Nashville and they were interviewing people at the Sounds stadium about whether they would vote for Obama. One woman said no, because he is a Muslim (he isn't) and another dufus said the only blacks he knew who were for change had a cup in their hand. How appalling. It made Nashville look so bad. For everyone out there, these two nitwits are the minority! There are many, many progressives in this city, and I have no doubt Nashville will vote for Obama in the fall. I wish they had gone to Symphony Hall, or Hillsboro Village, or just about anywhere else to interview people. They would have gotten a lot of thoughtful, educated responses. They may have just wanted to point out that there are still people out there with these racist views. But to pin it on Nashville was just unfair. There are people like that all over the country. Let's just hope they don't prevail at the polls.

Tony Snow Dead

It is sad to hear this morning that Tony Snow has died. Even though he and I would have been pretty opposite in our politics (at least I think--if he thought privately what he had promoted publicly), I would have enjoyed knowing him immensely. He seemed so pleasant, funny, nice. I am always so proud of fellow journalists who are like that. It is also sad to hear someone so young die from cancer. I have several friends who have cancer, and hearing about his death makes me worried for others as well. One thing they mentioned on the news today is that he said "surround yourself with people who love you." Good advice for everyone, including me.

Happy Birthday Ringo!

Ringo was on Larry King Live tonight, and they talked about Ringo turning 68 today. 68! Gosh he looks good. The older he gets, the better he looks. Hearing the Beatles' music on the show actually brought tears to my eyes. What he wanted for his birthday was for everyone today at noon to say "Peace and Love." I Get By With a Little Help from my Friends. Wish I had known that. Hearing that also brought tears to my eyes. Seems like old times. I could have done without Yoko Ono calling in to the show. (group wrecker). Ringo mentioned he was in Nashville last night too. Wonder where? He wasn't at the coffee shop where I was studying. Drat.

Bar Review: The Dreaded 4th of July Countdown

On and on through the bar study, we have heard veterans say: Don't worry about the bar exam until after the 4th of July. It was hard to be believe, but that is what a lot of lawyers have told me. The problem is, it is now after the 4th of July, and I guess the real countdown is on. I am studying con law today, and it is amazing the number of things I am still learning. I have heard of the concepts before, but I guess I didn't really learn them. Guess it is good I am doing that now! I have been seeing a lot of 111, 11:11 lately, so I am taking that as a sign to remember THE SECRET, and think positively. I will pass the bar with flying colors.

The Boss Made Mistakes Tee Hee

Well, my boss not only made one mistake today but two. Two, Two, Two!!! Normally, I don't care if people make mistakes. That is just part of the game. But him. Glorious! He who can do no wrong made two mistakes! And I had to point them out to him!! Childish of me to be so gleeful, I know. But I can't help it. He is so insufferable sometimes. He doesn't know how to give constructive criticism. He doesn't know how to not be rude. And he messed up!! That is just so exciting, you just don't know.