Phone Call from Dad

Dad called me... I was in the library.

Moi: hello!
Dad: I can't hear you.
Moi: I am in the library.
Dad: Are you sleeping?
Moi: No, I just can't talk loudly. It's library. I shouldn't use phone.
Dad: Well. I am just trying my skype. All right. Wake up, girl. Bye.
Moi: I am not sleeping.

Dad was off phone already. Duh...

So I called him back on my way back to my place.

Moi: I am stressed.
Dad: I know you were sleeping.
Moi: I am not.
Dad: I know you are not. Anyway, don't give yourself too much stress. Best efforts. That's what I taught you.
Moi: Yeah. ( Tears in my eyes)
Dad: It will be over soon.
Moi: Yeah right.

Anyway... I studied hard today. I really need to pass the bar because the whole bar exam preparation thing is just not me. I need something smart and fun.

The system is really awful. Everyone takes barbri. Then 2 months later, they put same thing into the answer sheet. Isn't it just like a factory?

Maybe Michael Moore should have a movie about this very funny system. Or maybe I will make a movie about this myself.

ZzzZzzZzzZzz

The CA civil pro lecture is really good if you have sleeping disorder problem. It will be too good if you don't have any sleeping problem. I got a venti latte. It didn't help at all. Most of the time, I just tried to drop down words he said. Obviously, he was tired too. I can even feel it from the TV screen.

But something is inspiring. " One Document Doctrine."

("WHAT?" " DID I MISS THIS DOCTRINE?")

Don't worry! It's not a civil pro doctrine. ( I know you can stil make up something even though you have never heard it in your life.) It's just a way to prepare the exam. Yes, you want eveything you need in one document.

Anyway, this will be a fun civil pro weekend.

I already saw a lot of cute "sis" walking on the street. Here, I hope they will have a great time today and tomorrow. I will study hard. I am not sure whether I have mood for a happy happy event anymore. Civil Pro must be done.

:)

Good morning, San Francisco. I did wake up.

@ least it looks like a sunny day. Very sleepy but hungry. Nevertheless, it's awesome to get up early. Love you all. Good study today. Proud but not Prejudice.

Later :D

Shopping List

I found myself lost in Yelp again. No no. No can do. No no no. It's not the right time. Food and movies are evil. They are against bar exam. They must be barred.

Normally before sleep, I think about some essay outline. Yet, since I am too frustrated, I decided to list my shopping list ( so I can print it out tomorrow and I don't need to write it down on my post-it) :

1. 10 * frozen pasta
2. 5 * frozen quiche
3. eggs
4. apples
5. bananas
6. 10 * yogurt ( low fat)
7. cherry ( if any)
8. tomato
9. A lot A lot energy BARs
10. baby carrots

I don't know how to reach 7 portions of vege/fruits a day. It's kind of impossible.

I know I am consuming a lot of over-packaged products. I am a horrible person. I am usually very environmental friendly. I always bring my own cup when I go to Starbucks. I tried to recycle everything. I bring my own shopping bags. I bring my own container when I go to bakery. But now, I don't even wanna make myself a peanut butter sandwich.

Anyway... I will try to be more environmentally friendly. Going to sleep now. You can expect my 1st post @ 7:30 am. If you don't see any, it means I miss the CA civil pro lecture.

Civil Pro makes me nervous

"Any intelligent fool can make things bigger, more complex, and more violent. It takes a touch of genius -- and a lot of courage -- to move in the opposite direction." ~Albert Einstein


So far, I believe civil pro is the one really gets on my nerve. The CMR and in class note are giant. I can hardly swallow in any material. I checked some Civil Pro essay questions. It's not as detailed as what the teacher went through.

Anyway, we have class tomorrow @ 9:00 am. I really doubt whether I can wake up or not. However, it's CA civil pro. I don't have guts to skip this class. ( At least, he is funny, thanks God!)

All work and no play make me a dumb fattie. God, I need a sign. ( I am not a Christian. will he help me?)

Agency & Patnership

(irrelevant circumstantial fact)want to go to gay parade but I also want to watch sicko. What should I do? I cannot be greedy. You cannot have gay parade @ one hand and Sicko@ the other.

Anyway, I had my agency and partnership class last nite. The teacher is funny and I absorbed the things well, like a SpongeCutie. However, I think he skipped a lot of things.

Now, it's the time about TRUST?

Q:How much can I trust him?

Q:How much should I trust myself that my preparation is FULL enough so I won't freak out when I see something I am totally not familiar with on July 24th or 26th?

Anyway. I will try to review the Agency&Partnership in-class note. More civil pro CMR. A little bit nappie. Shopping for apples and bananas and more apples and bananas. Go to Civil Pro lecture. Later.

I am so sleepy

It's 7:40
I am really really sleepy.
I might go back to sleep.
I don't know.
I really don't know.

Cutie's Community Property

Even Jeniffer Aniston may get a divorce. Shouldn't we all get prepared for community property?

Community Property= Community+Property

Let me open my in class essay workshop...

(Reading)
(Reading still)
(Reading still still)
(MSN with evil doll)
(Eating Apple)
(Watching some YouTube)
(Checking Sicko's clip)
(Reading)


All right! I think I am sick of community property already. I am going to sleep now. I wanna wake up @ 7:00 and I swear I will do my 1st post here before 7:30 am. Nini.

Barbrier

I woke up late. I had lunch directly. A 1/2 lb cheese burger with fries ( it comes with fries) and pepsi @ BurgerMeister, a friendly little burger place. Give it a try if you are around cole valley.

I was hoping my heart can be warmed up by a juicy burger. Obviously, a burger can only warm up my stomach. I found myself licking my fingers (i.e. unsatisfied) while some kids in another table watching me with a funny face. I have gained 4 pounds already. I am not a cutie anymore. I yelled @ my male pals. I cried when I talked to my female pals. Even the cats don't wanna be close to me anymore. They give me a dirty look all the time.

I am becoming a crazy, ugly, fat, and cold barbrier.

This is just not me.

OMG... it's civil pro

Civil Pro is a super gross subject. It's nasty. Let me start from the essay workshop outline.

( SEE LECTURE FOR CA Civil Pro for CA RULES) ---> I hate this! And I really want some hot hot french fries now...

Q1 Does the Court have the authority over the parties?

• Personal Jurisdiction?

Traditional: Domicile/ Presence/ Consent
Non-Residents: Long Arm/Min contacts/Fair play

• Subject Matter Jurisdiction?

State Court
Federal Court
Removal
Supplemental Jurisdiction

• Venue

Q 2What law governs this dispute?

• Erie Doctrine
  

Q3 Are the pleadings proper?

• Complaint
• Response
• Counterclaim

Compulsory
Permissive
Supplemental Jurisdiction for compulsory

• Rule 11
  

Q4 Are the proper parties and claims before the court?

• Joinder of Paties

Compulsory Joinder
Permissive Joinder

• Joinder of Claims
  

Class Action
Intervention
Impleader
Interpleader

Q5 Have the parties properly propounded and Replied to Discover?

Q6 Can the Dispute be resolved without a trial?

• 12(b)(6)
• Di missal
  
• Summary Judgment
  

Q7 If there is a trial, who will decide the Matter?

• 7th Amendment: Jury Trial ( Legal/Equitable)
  

Q8 Can the decision be appealed?

• final judgment rule
  

Q9 Is the decision binding the future case?

• Res Judicata ( Claim Preclusion)

• Collateral Estoppel ( Issue Preclusion)

House of Prime Rib

Me and my friend was planning to go there tonight @ 7 pm. It is one of the best steakhouse in town. Since I am still here, you know I won't eat there tonight. Why?

This afternoon I called them to make reservation.

Cutie: I want to make reservation for 2 people for tonight.
Sena: The earliest one is 9 pm but you can just walk in and put your name on the waiting list.
Cuite: 9 pm? Well, it's a little bit late but please put my name on the reservation list. We will also "walk in" at 7:00 and put the name on the waiting list as well.
Sena: You cannot do that. ( What?)
Cutie: Why?
Sena: Cause you will take 2 spaces.
Cutie: Well. How so? You can just cross my name over if I get table earlier than 9:00 pm.
Sena: You just can't. It's policy. ( Good Girl! You really know how to arouse me)
Cutie: I don't know why I can't do both. If my friend puts his name on the waiting list and I use my name for reservation, then, you will never know. Do you understand?
Sena: I don't understand. I only know you will take 2 spaces.
Cutie: If I don't get table before 9:00, then I will use my reservation. However, if I can get table earlier than that, then someone on the walk-in waiting list can use my reserved table. Is it clear? Also, it's already 4p.m., I don't think anyone else will make reservation for 9:00pm.
Sena: You will take 2 spaces.
Cutie: Just put down my name on your reservation list.(And Shut up!)
Sena: Ok.

Obviously, I didn't need to explain too much to Sena. I am not doing an essay. They just need instructions. However, me and my friend decide to go there some other day. I just don't wanna wait forever there. I also don't wanna eat @ 9 pm.

No matter what you're eating now. Bon Appetit!

Judicial Notice: CA judge may ask the jury to accep as proven in criminal cases

Judicial Notice

Def: the recognition of a fact as trus without formal presentation of evidence.

Q: What kinds of facts are appropriate for JN?
A: Indisputable facts, including:
1. notorious facts ( common knowledge)
2. manifest facts ( capable of verification by resort to easily accessible sources of unquestionable accuracy)

Cutie's Mnemonics: "No, Mam"

Q:Can Judge take JN of a fact on its own accord?
A: Yes

Q: What if the judge doesn't?
A: a party must formally request that JN be taken of the particular fact.

Q: Is a JN conclusive?
A: In a civil case, yes. but not in a criminal case. In a crimianl case, the jury is instructed that it may but is not required to accept as conclusive any JN fact.

Q: Really?
A: Good question. I am glad you ask this question. In Federal Rules, yes. Cause they worry about defendant's 6th Amd right. Yet, in California, we don't distinguish between civil cases and criminal cases ( cause we just don't know how to do that). Thus, in a criminal case in California, the judge may judicially notice an important fact and tell the jury to accept that fact as proven.

Q: Can Laws of foreign countries be JN?
A: Yes.

Crimi- State of Mind

Recklessly=Malice

CMR pg.6 Simulated MBE Q38,39

M.P.C. Fault Std.
Purposely ( subjective): Conscious object to engage in proscribed conduct
Knowingly(subjective): Awareness that conduct is of a particular nature or will cause a particular result
Recklessly( subjective): "Consciously" disregarding a substantial known risk
Negligently(objective): Failure to be aware of a substantial risk

Common Law
Specific Intent( subjective): Intent to engage in proscribed conduct
General Intent( subjective): Awareness of acting in proscribed manner
Malice( subjective): Reckless disregard of a known risk
Strict libility(objective) : conscious commission of proscribed act

Professional Responsibility

I found I forgot to mention a very important subject in my earlier post: Professional Responsibility. Maybe that's a sign...I don't really care about professional responsibility.

Anyway, in order to apologize to professional responsibility... the highest law in the land of lawyers. Let me copy down some essay outline ( very short. trust me. you can check it out yourself)

The attorney's Duty to the client ( I found it's very Agency)
a. The duty of loyalty
b. The duty of silence ( don't be a big mouth)
c. The duty of competence
d. The duty of financial integrity
e. Duty to NOT FALL IN LOVE WITH YOUR CLIENT IF SHE IS NOT RICH

The attorney's Duty to 3rd Parties
a. The duty to apposing parties in litigation ( yeah right?!)
b. The duty to accept representations ( it depends on the demand and supply)
c. The special duty of prosecutors ( crossover: criminal pro)

The attorney's Duty to the Court
a. The duty of candor ( I don't know what's that? being fair?)
b. The duty of honesty ( hahaha!)
c. The duty to witnesses and jurors ( be nice to them)

The attorney's Duty to the Profession
a. The duty to avoid unauthorized practice of law ( paralegal is not your dog)
b. The duty to avoid false or misleading advertisement (1st amendment?)
c. The duty to not properly solicit clients

CA bar is a writing exam

California Bar Exam is a Writing Exam

Now, I have to be worried about my writing skills. In the coming real bar exam, I picked " writing" instead of "tying." I am a writer not a typer. Two reasons:
1. Oakland is closer.
2. I can not spell well ( you might notice that already).

One thing from the barbri feedback is USING HEADER. I can imagine that. After reading tons and tons of essays, they must be tired. They have their checklists. They just want to see the keywords.Although personally I believe my handwriting is reader-friendly, barbri gave me comment like"messy". I usually write 6 pages. I think maybe I should write more. like 8 pages. I probably can do that without any difficulties by adding a lot a lot a lot of headers.

Anyway, some thoughts:

1. The "Formation" of Trusts and Wills are important, Wills can be a way to create Trusts

2. Trusts & Partnership & Corp all have Agency spirit in it ( fiduciary duty)

3. Community Properties are Joint Tenant Law + Wills ( If I have been through divorce, I will have more feelings for it)

4. Civil Pro: a lot of things... don't know what to do with it yet. I have to say in the future, civil pro definitely is very important for practicing law, but ... it's too much for us now

Performance Test

I don't know why Barbri didn't say anything about it yet. Is it really that easy? Definitely not for me. I am a slow reader. I checked it a little bit. Form:

1. Memo from someone asking you to do something
2. Case related doc. ex. meeting records
3. library

Something like this... anyhow, it's a lot of reading for each performance test... should I just worry about my essays so far?

CA subjects study plan ( roughly)

1. Remedies ( go with K and T)
2. Community property/Wills/Trusts(go with Real Property)
3. Agency/Partnership/Corp
4. Civil Pro

Truth is

Truth is I will never finish what I expect to finish. I didn't finish the review of simulated exam. Maybe it's because I want to go through every question. I like to read their answers. They're kind of like a mini essay.

I don't know why my evidence is so weak. I consider myself as a science person. I do physics and o-chem. I like things which are logic and systematic. I actually like Evidence a lot but it betrayed me.

And, Con law also betrayed me. I am a civil right fighter. Gandhi is my yoda. I am born to be the practicer of civil disobedience. Con law is in my blood. Now it seems I am wrong.

And K and T... how much time did I put on these subjects?I don't even realize that I can't do Contracts ...

I am not a big fan of criminal law/pro so I will try to improve it if I have time.

As to real estate, there're too many issues. I better do some more MBE on this subject.

Nini...sleep tight... おやすみなさい！

Pride NOT Prejudice

Sunday is the SF gay parade. One thing I definitely don't wanna miss. I shall study harder and then check it out for 0.5 hour.

Agency & Partnership

I have to say: these two subjects are really dry. I believe I went through the mini review but nothing has been left in my small brain. I think corporate law is comparatively more interesting.

Corporate Law is always one of my favorite subjects in school. I like to see how greedy business men fight for money. The white knight... the golden parachute... so dramatic... anyway, it's not so sexy in the CA bar exam though.

not so sure I am ready for corp. essays ... but now I know I have no choice but do it.

some thoughts when i reivew the MBE questions

I am reviewing my simulated MBE ( still very sleepy). I found I missed a lot of super easy questions. Also, if I am more familiar with the rules, a lot of questions will just take 10 seconds ( ex Q40-Judicial Notice). I feel pity that I was being lazy and I didn't do questions barbri asked us to do. But, I am getting there. I hope so.

STOP BEING LAZY, BITCH!

Today I will try to review all the MBE questions and review Corps. Then read Partership and Agency. Going to pee now. Later.

I won't go to the review class

It's 8:22 am.

I think I won't go to the MBE review.

I really don't have the mood to sit there for a whole day.

Let me go to UCSF and get some good reading for the CA subjects.

Anyway, I need to be more familiar with the law...

Hang in there... everyone...

Agency and Partnership

I think it might be a smarter idea to pass the bar immediately. Otherwise, we will have MUCH MUCH MUCH MORE fun every year. Yawn! Since I am bored by the big 6 ( I will leave it tomorrow). Let me look at Essay Workshop's outline.

1. Agency
a. Formation

b. Duties Owed by Agent

c. Duties Owed by Principal

d. Remedies

2. Does The Agent Have Authority?

a. Actual or Apparent Authority

b. Ratification

c. Termination

3. Contract Lib zzzzzzzzzZZZzzzzzZZZZ - to be continued

Simuilated MBE

7:10-8:10 Contracts Essay Turn-In Q
9:00-12:00 AM MBE
1:00-4:00 PM MBE

4:00----------- NOTHING

Don't laugh at me. I did feel sleepy when I tried to finish those questions. Some people finished it really fast. Amazing. I was slow. I should take 2 or 3 red bull. However, I don't wanna destroy my body before the big 3 days.

I felt really tired. I got my first essay back. All fail. I read the comments. It's all about adding headers. I wonder whether they really read my writing. I thought I did an ok job. At least I listed all the issues. I don't know why. I feel angry.

Then I checked my score...

AM: 66
PM:63
My total score is 129/200

I have to admit I was fucking sleepy this afternoon. I don't know why people can chitchat whole lunch break and still have energy for the afternoon. I hope my situation will be better if I am doing the writing exam. Otherwise, I'll have a big problem. Breakdown ( Questions I picked a wrong answer). I want to review them but I really lost all my brainpower.

Con Law:
8,10,70,110,116,117,130,170,184,198

Contracts:
17,22,24,34,35,102,107,108,147,148,171,172

Criminal:
6,38,39,69,75,93,119,135,143,180,193

Evidence:
40,44,50,57,58,60,68,100,103,120,121,140,141,162,179,181,189

Real Property:
30,42,46,56,78,129,145,150,159,175

Torts:
7,9,12,27,64,71,79,104,115,153,157

Summary: (questions I got wrong)
Con Law: 10
Contracts:12
Criminal Law:11
Evidence: 17
Real Property: 10
Torts:11

K essay checklist

I have my simulated MBE tomorrow and I need to turn in the K essay. Instead of writing some bullshit. Let me try to make the K essay checklist:

X vs. Y

1. Governing Law: common law or UCC

2. Is there a valid K?
Mutual Assent
Offer
Acceptance
Consideration(bargain for exchange)

3. Does the K have a condition? What kind of condition?

4. Any defenses? ( S/F)

4. Have the obligations been performed? If not, was there a major or minor breach?

5. Remedies ( check remedies outline)

legal:
Compensatory
Consequential
nominal
punitive

equity:???