hi there!

I found I am using my blog as my notebook. It's not fair to someone ( like you) who just wants to take a quick study break and then angrily find there just are more lousy outlines on this blog.

I want to say something. Yesterday, in the professional responsibility class, Professor said when you think about Duty of Loyalty ( see?! I can't even spell this word)... "Just think about your dog." This upset me a lot. After all the suffering and tears, I will become a dog. I think it's an intentional infliction of emotional distress ( IIED: extreme and outrageous conduct toward mentally fragile bar applicants/ intent or receklessness/ causation/ severe emotional distress...)

I don't want to be a dog.

Anyway, good night.

Community Property Essay

God, CP in-class outline is much more helpful than Wills and Trusts but my little brain is really tired now. Let me try a little bit.

Cutie Power!!!

Opening:
0. Governing Law ( married&domiciled in CA)
1. CA is a CP state.
2. Define CP. (Quasi-CP)
3. Define SP.

1. before marriage
2. after permanent seperation
3. by gift or inheritance ( Good Dogs Bark: Gift/Devise/ Bequest)

4. Characterization: Tracing Funds/Mutual Agreement/Legal Presumption
5. Change of Form won't change character

Item by Item: Characterization/Transmutation/Presumption

• Where is the purchase money from? CP then CP/SP then SP
  
• Is there any valid agreement between H&W? pre-marriage agreement ( requirement)
  
• Is there any special laws/regulations? ( Federal Preemption)
  

• Personal Injury
• Retirement
• Stock
• Education(equitable defense)
  
• One spouse biz starting before marriage(Van Camp/Pereira)
  

Distribution:

1. Death ( crossover Wills: Spouse Election Right)
2. Divorce

Creditors:

1. prior marriage debts

Rlated Checklist:

• Common Law Marriage
• Putative Spouse ( quasi-MP)
• 1975 Married Woman Special Presumptioni
• 1985 Lucus & Anti-Lucus

Wills!

1. Issue: Is there a valid will?

• 1.1 Capacity
• 1.2 Writing/Witness
• 1.3 Helographic

2. Issue: If so, what's the content of the will?

• 2.1. any integration?
• 2.2. any codicil? if so? what's the republication date?
• 2.3. any incorporation by reference?
• 2.4. any acts of independent significance?

I..I..I.. C!

3. Issue: before the testator dies, does he revoke the will?

• Methods to revoke a will:subsequent will/ physical act/operation of law
  
• Sub-issue: Dependant Relative Revocation

4. Issue: Ok! Now he dies, how do we distribute RES? Who can get What?

• 4.1. Does extrinsic Evidence allow to explain the will if there is any ambiguity?
• 4.2. Are there pretermitted Spouse and children? Can they be excluded?
  
• 4.3. Any lapse and anti lapse issue?
  
• 4.4. Confirm the Res
• 4.5. Try to distribute it by order---> Any ademption problem?

5. What if the will is invalid? or if there is no will.( Intestate Succession)

• 5.1 who can get How much
  
• 5.2 Advancement?

6.Bars to succession

• No contest Clause--> Validity

Saturday To-Do List

1. Outline 2 pro-re essays ( 1 hour)
2. Comparison Chart: Evidence ( 3 hour)
3. Comparison Chart: Civil Pro ( 3 hour)
4. Comparison Chart: ProRe ( 3 hour)
5. CoPro/W/T in class essay workshop checklist ( 0.5/0.5/0.5)
6. 17 Evidence Q & Review ( 1 hour)

p.s. I really want to see ratatouille. I was in Paris in April. Sakai said we can take sunday night off... :P

Friday

Just finished a pro responsibility essay. Professor is right. Even if you think you can see all the issues, it doesn't mean you can do a good job for an one-hour essay.

Friday
1. Review Professional Responsibility
2. Review CA Evidence
3. Professional Responsibility lecture
4. outline 2 Evidence essays
5. 1 Professional Responsibility essay ( one hour)

Anyway, I had my professional responsibility lecture tonight. She is cool. I like her. Female lecturers rock! There are so many attractive, funny, and smart female lawyers. I have to work hard to become one of them.

Feel productive and alive although I am not happy about my essay performance. However, no complain. Just practice.

I feel sexy! I am excited by the bar exam from now.

Propostions 8 Here we go!

Victims' Bill of Rights: California Constitution Article I, Section 28
Cutie says: click on this hyper link and read item (d)

Proposition 8 is all about criminal thing. It's not in the CEC. It's in the California Constitution.
So if you get an evidence essay question about a civil case, please forget about Proposition 8.
If you get an evidence essay question, which is about a criminal law case and is in California State Court:
General Rule: Everything relevant can step in.

So how can we protect criminal case defendants?
We use Exceptions: Privilege, Hearsay, CEC 352, 782, 1103.

( I feel like I am Conviser now)

352.  The court in its discretion may exclude evidence if its
probative value is substantially outweighed by the probability that
its admission will (a) necessitate undue consumption of time or (b)
create substantial danger of undue prejudice, of confusing the
issues, or of misleading the jury.



782.  (a) In any of the circumstances described in subdivision (c),
if evidence of sexual conduct of the complaining witness is offered
to attack the credibility of the complaining witness under Section
780, the following procedure shall be followed:
   (1) A written motion shall be made by the defendant to the court
and prosecutor stating that the defense has an offer of proof of the
relevancy of evidence of the sexual conduct of the complaining
witness proposed to be presented and its relevancy in attacking the
credibility of the complaining witness.
   (2) The written motion shall be accompanied by an affidavit in
which the offer of proof shall be stated. The affidavit shall be
filed under seal and only unsealed by the court to determine if the
offer of proof is sufficient to order a hearing pursuant to paragraph
(3). After that determination, the affidavit shall be resealed by
the court.
   (3) If the court finds that the offer of proof is sufficient, the
court shall order a hearing out of the presence of the jury, if any,
and at the hearing allow the questioning of the complaining witness
regarding the offer of proof made by the defendant.
   (4) At the conclusion of the hearing, if the court finds that
evidence proposed to be offered by the defendant regarding the sexual
conduct of the complaining witness is relevant pursuant to Section
780, and is not inadmissible pursuant to Section 352 of this code,
the court may make an order stating what evidence may be introduced
by the defendant, and the nature of the questions to be permitted.
The defendant may then offer evidence pursuant to the order of the
court.
   (5) An affidavit resealed by the court pursuant to paragraph (2)
shall remain sealed, unless the defendant raises an issue on appeal
or collateral review relating to the offer of proof contained in the
sealed document. If the defendant raises that issue on appeal, the
court shall allow the Attorney General and appellate counsel for the
defendant access to the sealed affidavit. If the issue is raised on
collateral review, the court shall allow the district attorney and
defendant's counsel access to the sealed affidavit. The use of the
information contained in the affidavit shall be limited solely to the
pending proceeding.
   (b) As used in this section, "complaining witness" means:
   (1) The alleged victim of the crime charged, the prosecution of
which is subject to this section, pursuant to paragraph (1) of
subdivision (c).
   (2) An alleged victim offering testimony pursuant to paragraph (2)
or paragraph (3) of subdivision (c).
   (c) The procedure provided by subdivision (a) shall apply in any
of the following:
   (1) In a prosecution under Section 261, 262, 264.1, 286, 288,
288a, 288.5, or 289 of the Penal Code, or for assault with intent to
commit, attempt to commit, or conspiracy to commit any crime defined
in any of those sections, except if the crime is alleged to have
occurred in a local detention facility, as defined in Section 6031.4,
or in a state prison, as defined in Section 4504.
   (2) When an alleged victim testifies pursuant to subdivision (b)
of Section 1101 as a victim of a crime listed in Section 243.4, 261,
261.5, 269, 285, 286, 288, 288a, 288.5, 289, 314, or 647.6 of the
Penal Code, except if the crime is alleged to have occurred in a
local detention facility, as defined in Section 6031.4 of the Penal
Code, or in a state prison, as defined in Section 4504 of the Penal
Code.
   (3) When an alleged victim of a sexual offense testifies pursuant
to Section 1108, except if the crime is alleged to have occurred in a
local detention facility, as defined in Section 6031.4 of the Penal
Code, or in a state prison, as defined in Section 4504 of the Penal



1103.  (a) In a criminal action, evidence of the character or a
trait of character (in the form of an opinion, evidence of
reputation, or evidence of specific instances of conduct) of the
victim of the crime for which the defendant is being prosecuted is
not made inadmissible by Section 1101 if the evidence is:
   (1) Offered by the defendant to prove conduct of the victim in
conformity with the character or trait of character.
   (2) Offered by the prosecution to rebut evidence adduced by the
defendant under paragraph (1).
   (b) In a criminal action, evidence of the defendant's character
for violence or trait of character for violence (in the form of an
opinion, evidence of reputation, or evidence of specific instances of
conduct) is not made inadmissible by Section 1101 if the evidence is
offered by the prosecution to prove conduct of the defendant in
conformity with the character or trait of character and is offered
after evidence that the victim had a character for violence or a
trait of character tending to show violence has been adduced by the
defendant under paragraph (1) of subdivision (a).
   (c) (1) Notwithstanding any other provision of this code to the
contrary, and except as provided in this subdivision, in any
prosecution under Section 261, 262, or 264.1 of the Penal Code, or
under Section 286, 288a, or 289 of the Penal Code, or for assault
with intent to commit, attempt to commit, or conspiracy to commit a
crime defined in any of those sections, except where the crime is
alleged to have occurred in a local detention facility, as defined in
Section 6031.4, or in a state prison, as defined in Section 4504,
opinion evidence, reputation evidence, and evidence of specific
instances of the complaining witness' sexual conduct, or any of that
evidence, is not admissible by the defendant in order to prove
consent by the complaining witness.
   (2) Notwithstanding paragraph (3), evidence of the manner in which
the victim was dressed at the time of the commission of the offense
shall not be admissible when offered by either party on the issue of
consent in any prosecution for an offense specified in paragraph (1),
unless the evidence is determined by the court to be relevant and
admissible in the interests of justice.  The proponent of the
evidence shall make an offer of proof outside the hearing of the
jury.  The court shall then make its determination and at that time,
state the reasons for its ruling on the record.  For the purposes of
this paragraph, "manner of dress" does not include the condition of
the victim's clothing before, during, or after the commission of the
offense.
   (3) Paragraph (1) shall not be applicable to evidence of the
complaining witness' sexual conduct with the defendant.
   (4) If the prosecutor introduces evidence, including testimony of
a witness, or the complaining witness as a witness gives testimony,
and that evidence or testimony relates to the complaining witness'
sexual conduct, the defendant may cross-examine the witness who gives
the testimony and offer relevant evidence limited specifically to
the rebuttal of the evidence introduced by the prosecutor or given by
the complaining witness.
   (5) Nothing in this subdivision shall be construed to make
inadmissible any evidence offered to attack the credibility of the
complaining witness as provided in Section 782.
   (6) As used in this section, "complaining witness" means the
alleged victim of the crime charged, the prosecution of which is
subject to this subdivision.
Code.

@_@

Hola!

Where is Proposition 8? ( Red face...) Where can I find it?

My Evidence MBE is only 40%. I really want to improve my Evidence.

Evidence must be done.

Muchas gracias!!!

3 Essay Workshop

This evening I had my third essay workshop. Although there were fewer and fewer people, I have to say it is helpful to me. I was productive.

Some guys in my barbri class really like to giggle and they giggle in an unbelievable high pitch. I think men who don't giggle @ a high pitch are much more attractive to women. Personal opinion.

After all, giggling is a protective 1st Amendment speech.

Good night. I can't wait for tomorrow's professional responsibility class. ( Why? cause they will definitely be in an essay so you know you are not wasting time on it...)

Failing Barbri Essays

Goodies! I asked CA Bar Exam Advice 2007 a question. She replied with an article which I think is very sincere and helpful. So the following article is from her blog. The copyright belongs to her. However, I would like to share this article with you, my dear barbri pals.

Failing Barbri Essays

Here's the question: "I failed 2 barbri essays. I am really stressed now. Can you give me some advice? Do you know anyone who failed barbri essays and still passed the bar exam? Thank you."

First of all, almost everyone I know failed at least one, if not more, of their Barbri essays. I know I failed the PT and a few others.

You should take a look at the essays and see why you are failing.
1) If you fail the rules section, that's not a big deal because you probably haven't memorized anything at this point.
2) If you fail the issue spotting, I highly recommend you outline many essays. Take a past essay, spend 10-15 minutes doing an outline, and see which issues you missed. Note that Barbri is much more strict than the actual bar. If you look, Barbri requires you to spot way more issues than the actual bar, but you must spot the major ones to pass.
3) If you fail the analysis portion, you might want to see what comments you are getting, and you may need to develop your analysis more.
4) I think the last one is organization, so if you use a ton of headers, you should be fine on this.

Barbri is not perfect, and I have heard of someone just copying the model answer and turning it it. They got a fail. I think you are required to fail most people in the beginning so they will work harder.

However, if someone isn't seeing something on your essays or analysis, maybe you need to be more clear in your writing. Yes, the grader probably spends less than 5 minutes on your essay, but so will the bar exam reader. So, make everything as clear as possible and use tons of headers for every issue. Don't hide a subissue in your analysis. It's helpful to have someone from Barbri read your essays because you may think you fully analyzed an issue, but if someone can't see it, then maybe you need to add a header or make it more clear.

So, don't worry about failing, but you should be improving. So, if you got all Fs in the first essay and are getting Ps on the later essays, that's a good sign. Just keep at it!

Wed.

June 27 (Wednesday)

1. Community Property Mini Review ( Remember one hour review before class)
2. One PT
3. Remedies by Conviser

some thoughts:
1.Wills/Trusts and Community Properties have many common topics.
2. Remedies' lecture are long but it's kind of useful. Let me try my best to recall some goodies:

Permanent Injunctive Relief.
I put five bucks down.

Special Performance.
Cha Cha Is My Favorite Dace.

Rescission
Good Dog

Reformation
Very Good Dog

Yeah! Ass is getting bigger. Weepie weepie. 30 mins exercise tomorrow.

June 26 ( Tuesday)

June 26 ( Tuesday)

1.Finish Wills CMR (remember to do one hour review before lecture)
2,One PT
3.PT2 Lecture

All right, folks! Let's do some con law practice!

BOSTON - A trial that opened more than a year ago has become bogged down in Boston federal court. There have been hundreds of hours of testimony from witnesses, including 10 medical specialists paid tens of thousands of dollars. The judge himself even hired an expert to help him make sense of it all. ( Even the judge gets lost sometimes!)

The question at the center of the case: Should a murderer serving life in prison get a sex-change operation at taxpayer expense? *_* (Even the reporter knows IRAC!)

http://news.yahoo.com/s/ap/20070626/ap_on_re_us/sex_change_inmate


Anyway! You don't need to submit in your essay. I won't credit it. Good night.

ZZzzZZzz

Sweet! After finishing the road map, I immediately feel peaceful and sleepy.

I hope I can really exploit the margin value of the last 25 ( 26?27? 28?) days.

I found I can't sleep

I don't know why. I normally don't have any sleep disorder problem. I think it might because of the evening coffee. I should not take that. No more coffee after 5 pm.

I am anxious. I am hungry.


MBE Subjects:
Con
K
Criminal Law/ Pro
Evidence
CA Evidence
Real Pro
Torts

CA subjects:
Remedies
Civil Pro
Corporate/Partnership/Agency
Wills/Trust
Community Property
Pro Responsibility

now-July1 CA subjects

• June 26: Wills/ PT
• June 27: Community Properties/PT
• June 28: Corp/Partnership/Agency/Civil Pro
• June 29: Pro Responsibility/ CA Evidence
• June 30: one page checklist for CA subjects
• July 1: Review CA subject's essay Q1-Q4/Civil Pro Turn-in
  

July2-July5 MBE subjects ( July 4: MDR mixed subject 1-100)(July 5: PT)
July6-11 CA subjects (July 9: Barbri simulated writing)

• July 6: Corp/Partnership/Agency/ Trust lecture
• July 7: Remedies/K/T ( Review K&T Essays Q1-Q4)
• July 8: Community Property/ Real Property ( Review Rel Pro Essays Q1-Q4)
• July 9: Simulated Writing Exam
• July 11: Civil Pro
  
• July 12: Wills/Trusts ( MDR mixed subjects: 101-200)
  

July12-14 MBE aubjects

• July 12 : K/T/Remedies ( PT: Westside Community Corp)
  
• July 13 : Criminal Law/Con Law
• July 14: Evidence/ Real Property
  

July 14-16 CA subjects

• July 14: Essay Questions Q1-Q4 Review
  
• July 15: Outline Q5/Q6
• July 16: Check-list
  

July 17-19 MBE subjects

• July 17: Essay Questions Q1-Q4 Review
  
• July 18: Outline Q5/Q6
• July 19: Check-list
  

July 20: Outline CEWB simulated essay Questions ( total :12)
July 21: Do whatever you think you need to do...
July 22 MBE subjects: Checklist
July 23 CA subjects/ Go to Oakland

PT tomorrow

Since there are a lot of smart and diligent people ( the highest passing rate school actually is UCLA Actually is U of Texas 96%), I shall be more positive and diligent. CA bar is data mining is interesting... :P

Morning: PT ( he asked us to do it. Yet seriously, I really don't wanna go to his lecture ANYMORE)

Afternoon: July 2007 essays ( check how Answer A and Answer B different from each other. Learn some skill from the great minds.) & Study schedule until July 23th & Wills

ESSAY must be improved.

Model Answers from CA bar

I am checking July 2006 Bar essay questions. I want to study whatever I want to study tonight.

Q2 and Q3 's model answers are not that long. I am encouraged. Spot all the issues. ( I think it's easier for typer. They can type in all the shit first. Thus, outline is XXX important for writers). If you mention any element, you need to at least mention something. Just listing the elements gets you nowhere.

Looking model answer is helpful but they are "MODEL." I only need 65. I don't need 90.

Anyway, one thing i know is : if you are not familiar with rules, dude, you shall be ready for 2008 Feb exam... :D

PT 1

Don't go. You can:

1. Have a nice dinner with your significant one.
2. Have 2 quick dinners with 2 significant ones.
3. Play with your pets.
4. Do a PT.
5. Do 3 Essays. OR ( always circle OR. cause you don't wanna miss anything)
6. Do 100 MBE Q.

I beg you. Just don't go.

Fail Fail Fail Fail

My second essay.

I have to say people who passed the second essay are really smart. That's why I don't care about MBE that much anymore.

I was thinking I was doing all right. However, I kind of agreed Barbri's comments. ( cause I checked others' essays... :P )

Analyze every element. Don't just mention it. ( Yeah right! if I have time). Outline is really important. I don't want to waste time to outline and it ends up with wasting much more time on something really not important ( you know what I am talking about).

Anyhow. Practice makes perfection. Bar exam is made to be passed. They just want to see what they want to see. Give them what they want. Make them happy. Just like how we will make our clients happy in the future.

Happy Happy.

Fortune Cookie

Jsut fisnished my lunch and I checked what's inside my fortune cookie. I am kind of a science person but now I just need a "sign."

" You will be fortunate in everything you put your hands on."

I am pretty sure my hands have been on every thing "bar related". My hands will be on the exam papers.

Anyway, Civil Pro must be done. I really wonder whether I want to go to the PT workshop. However, I know I will go anyway.

There are a lot of smarties

I was not productive as I expected. However, the situation was foreseeable. And Hey! That's all right. My brainpower was weak. I can either choose to relaxed or hate myself. I think the second choice is definitely smarter.

I read some real bar exam essay questions and then feel frustrated. ( positive thinking, girl ! positive thinking!)

I am lucky. I still have one month.

I set my alarm @ 6:40. I will sleep for 6 hours. (This is so not ME) Breakfast. an XXL latte. ( "Please super size it") Get my ass on my favorite library chair before 8:00 am. I will let you know if I make it.

Schedule:
1. Civil Pro ( Whatever it takes. Civil pro must be done) 6 hours
2. 2006 July bar exam essay questions ( quick check) 1 hour
3. PT lecture
4. sit next to the cutes guy in the class

Life is hard.

Don't Complain

I AM XXX F**KING STRESSED.

All right! easy. Breath-in...Breath-out...Breath-in...Breath-out. Complaining never helps. Positive thinking. What will Gandhi do? Gandhi probably would work harder to pass the bar.

Checking the old bar exam questions just make me wonder whether I can remember all the rules on July 24 or 26. Seriously. CAN I? Everything seems so familiar but also seems so "not so sure."

2007 Feb ( I think wills will not be tested this summer)
Q6: Evidence(c/o: criminal pro)

Q5: Constitutional Law

• Organization Standing
• 1st Amendment Right

Q4: Wills ( ---> Does this mean we probably won't have Wills Q? *_*)
Q3: Criminal Law

• 1st degree murder
• 2nd degree murder
• voluntary manslaughter
• insanity

Q2: Corporate/Professional Relationship
Q1:Real Property

HAHAHA! no doubt there will be a civil pro... AREN'T WE SO LUCKY? ( all right, no complain)

Wills :(

It's a beautiful Sunday. I am always happy happy if the weather is good. I tried to read Remedies, Trusts & Wills. I didn't go to check the gay parade. I know they are doing fine. My friend told me last night Castro was crazy. Isn't it nice? ONE LOVE.

Remedies & Trusts are very reader friendly. I shall call them 2 little strawberry shortcakes. I can finish them today. Wills is gross. I stopped @ page 3. I will figure a way out. I want to go through the CA material "once" early this week and absorb as much as I can in the lecture.

Eating dinner. Doing some yoga. ( 2 more extra pounds... I don't know why...even I took off all my clothes). I wish my desire to Barbri books is as much as my desire to food. 20 min Vogue.

If I can study 2 hours more, then today ends up perfectly. Hope you too! :D

Professional Responsibility

I didn't review the civil pro at all after morning lecture. I allow myself a "detour." I decide to read Pro Responsibility. I finished reading the CMR (32 pages). I can hardly remember anything ( some parts are just hilarious) but I have to say I am happy. I feel productive and satisfied.

I have been lazy for too long. Except the simulated exam, I am sure I did less than 250 MBE questions totally. If I am more diligent, I definitely can get a much higher score. Anyway, let me think in a positive way: I have been lazy for too long so I probably have more energy than anyone else. No more Sunday sleep-in. No more 5 hours dinner. All I need is discipline. I want to be the first one in the library every morning.

:) We'll see.