2004 July Q6

Wrongful death action:

a lawsuit brought on behalf of a decedent's survivors for their damages resulting from a tortious injury that caused the decedent's death.
Remedies:
1. Compensatory Damages
2. Loss of Consortium

Survival Action:

a lawsuit, brought on behalf of a decedent's estate for injuries or damages incurred by the decedent immediately before dying.

He wrote me a mail.

i miss him very much...

Hi *****,

how are you?

I just wanted to write and say hello and check in to
see how your studies are going? Just another week or
so, then pinkie is free. I know pinkie has been
studying very diligently.

I read the other day that first year associates make
something like $150,000, and 4th years can make
$250,000. Unbelievable. Senior Pinkie should have
stayed in law.

Nothing too exciting in LA. I am still waiting to hear
back from Yahoo! about a job, and might be moving from
Redondo Beach to Hollywood next month to house sit
when my friend moves to Dubai.

Other than that, nothing going on other than senior
pinkie found a few rogue grey hairs on his head.

good luck

****

Commerical language

Anonymous said...

I have another random question -- is there a difference between the words 'substantial,' 'significant,' and 'important' in the con law tests? For example, CMR says that time, place, and manner restrictions must serve a 'significant' gov interest, while restrictions on commercial speech must serve a 'substantial' gov interest. They all sound intermediate scrutinyish to me.

All the speech regulations can be catogarized to content-base or content neutral.

• Content base: presumptively unconstitutional ( ex. attorney commerical can not be per se illegal)

• Content neutrual: intermediate scrutiny

Thus, even for speech regulations, same standard here. In CMR, for commercial speech, the regulations shall:

1. serve substaintial government interest

2. directly advance the interest

3. narrowly-tailored ( adding "narrow-tailored" won't kill you in 1st amendment right)

Conclustion: obviously it's an intermediate scrutiny, thus substaintial = important

I am inspired

Can you believe 2004 July Q5 model answer B is less than 2 pages. AWESOME. It's POWERFUL.

That's the real genius. Smart people can simplify all the complicated shit. I really hate to read long shit. I want my answer Short but Powerful.

Anyway, for PT, I don't think I have time to pee after 85 mins. That means I cannot drink a lot of water. I will extend my reading and outline time to 95 even 100 (if very necessary). Obviously, I am not good at writing long shit, so I have to make sure my short shit organized and hit the spots.

I have to get a lot of energy bars, like 10. I shall bring my Yoga Mat.

a PT a day

I am tired.
I am hungry ( again, yes).
I just want to play with my dolls and tell them how much I love them.

Friday night...who is waiting for me?

NO ONE
NO BODY
GOOD IDEA?

all right... time to take off...

awesome lunch

the korean food is f**king yum and healthy...
anyway i just found it's friday the 13th...
giggling...
wish me luck re: my PT practice! ROARING

Evidence MBE

29/34

Evidence is always a difficult one for me. I am happy with it. I do agree these sets of questions are much easier.

Questions I got wrong:
Q7: A/C privileges between co-parties
Q24
Q28
Q30( I got it correctly originally:P, I thought too much)
Q31: rehabilitation

About Q24: I was thinking either B or D... can anyone analyze item (B) for me...

About Q28 I still think " because I might have a little negligent" is kinda admission
Can anyone explain?

About Q30: I still think either B or D works... cause USPS thing is much more powerful...

Anyway, Barbri is right, when questions are too easy... you start to feel UNEASY...

p.s. admission doesn't need to be unequivocal.

schedule

1. Evidence MBE
2.Real Property MBE
3. Torts MBE ( which everyone scores higher than 80%)
4. PT
5. July 2006 Exam
6. Feb 2005 Exam ( :P 2 more questions need to view)

How's the PMBR thing, everyone?
Is it powerful?

Real Property : Revisit

Feb 2005 Q5: Serious, model answers are not perfect. They are not God. They are just nervous applicants. Almost hit everything. Almost... :P

1. Present Land Interest

• Fee Simple Absolute
• Fee Simple Determinable
• Life Tenant ( waste)
  

2. Future Land Interest

• Grantor: POR, RE
  
• Third Party: vested remainder/ contingent remainder/ ???
  
• RAP
  

3. Property owned by multi parties

• Joint Tenant ( with survivorship)

• T-Tip
• Mortgage: Title Theory/Lien Theory

• Tenet in common
• Rent
• Tax
• Necessary Repair
  

4. Landlord/Tenant

• Types of leasehold

• tenancy for years

  periodical tenancy

• Landlord's obligations
• Covenant of Hability

• Actual evaction

  Implied evaction

  Constructive evaction

• Tenant's obligations

• Rent

  Maintainace

• Assignment

• Assignor: privity of K

  Assignee: privity of estate

• sublet

5. Non-Possessory Interest on land

• Easement

• appurtenant: dorminant/servient

  necessity

  duration: permanent

  termination

• License
• Real Covenant

• Benefit

• intent

  touch and concern: burden the land

  vertical privity

• Burden

• intent

  toucn and concern

  notice

  horizontal privity

  vertical privity

• Equitable Servitude

• Benefit

• intent

  touch and concern

• Burden

• intent

  notice

  touch and concern

  
  

6. Land Sale

• Land Sale Contract ( S/F): Marketable Title
  
• Deeds ( general warranty deeds)

• Merger: K vs. Deeds: deeds control/K merge into deeds

  General Warranty Deeds

  Covenant of Seisin: title/possession

  Covenant of Right to Conveyance: right to transfer

  Covenant of Encumbrances: no physical or title encumbrance

  Covenants of Titles

  Covenant of Quiet Enjoymant: won't be disturbed by 3rd party's legal title

  Covenant of Warraty: defense/no superior title from 3rd person

  Covenant of Future Assurance: reasonably method to protect grantee from future attacks

  Wild Deeds

• Delivery

• Condition

  Escrow

  Relate Back

• Acceptance
• BFP: notice( AIR), race, race-notice

7. Mortgage

• theory:title/lien
• priority

• notice

  race

  notice-race

8. Water Right

9. Nuisance: Public/ Private

10. Taking( Eminent Domain): 5th Amendment

Trusts: Revisit

2005 Feb Q6... Obviously, even model answers are imperfect. (So Just write down the shit you know.)

Both of them seem running out of time. The answers are pretty short.


7 element:

San Diego Taco Is President Bush's Preference

Settlor
Delivery
Trustee
Intent
Trust Property(Res)
Beneficiary( Charitable Trust)
Purpose


Types of trusts:

Daddy Mommy Seldom Home Sisters R Too Chatty

Discretionary
Mandatory
Spendthrift:prohibiting both voluntary and involuntary alienation of B's right to future payment

• exception:surplus(consider reasonable expenses of B)
  
• exception:necessaries
• exception:spouse support, children support
• exception:government debt(ex.IRS)
• exception:child/spousal support/alimony

Honorary
Secret(Semi-Secret)
Revocable
Totten
Charitable


Modification and Termination of Trusts:

Good CoCo

General Rule
Claflin Doctrine. the
Changed Circumstances


Trust Administration and Trustees Duties:

Frank Sinatra Can't Pee Pee

Fiduciary Duty
Self-Dealing
Conflict of Interest
Duty Relating to care of Trust Property
The Prudent Investor Rule

Too tired...Escape

I was just so tired @ 6pm. My brain commanded me " Get out of the library."

I got 16 bottles of Starbucks doubleshots and 8 redbull ( light).

I want to feel powerful, just like a liger.

K MBE

Biff didn't tell us his score.

Mine is 26/34. I am improving. I can see that. Although I am not 88% or 92%. I am happ with 7 or 8 wrong in each subjects. I am not greedy.

I have to learn to accept my limitation and improve my weakness.

I might be a turtle but I am a powerful one. I don't need to be number 1. I just want to pass it.

I am happy for any " I got higher score message" feedback and share me with your secrets of your powerful MBE.

Lunch break. More work to do later. Love you all.

I skipped 1/2 of my last barbri class

The lecture was just too long. Too dry.

I never got a chance to say hi to the cute guy. Obviously he likes his burrito more than cuties. Also, he is not that cute actually. He is not that tall. He is a little bit too thin. Anyway, it's his lost.

2 questions:
1. self-defense& defense for others vs. duress?

difference?

2. except self-defense, can "imperfect self defense doctrine" be applied in all other justification defenses?

***********************************

Also, one thought, if a trustee violates fiduciary duty ... Is there an embezzlement?

trustee: legal title---> so obviously he has title ( otherwise, there is no delivery and the trust fails)
beneficiary: equitable title

all right! work hard!

exculpation: justification

Di Da Di Da Di! Clocks Nextdoor Are Ringing
Self-Defense ( Imperfect Self Defense Doctrine; minor jurisdiction: retreat)
Defense of Others
Defense of Dwelling ( general rule: no deadly force/exception: avoid felony inside)
Defense of Other Properties ( No deadly force allowed)
Crime Prevention ( deadly force: only when felony risking human life)
Necessity(Natural force; Deadly force never allowed)
Effectuate Arrest(Police/Private)
Resisting Arrest (deadly force: only when don't know arrester is police and arrest is improper)

Crime & Torts

Is there murder in Torts? I am sure there are assault and battery in Torts. Why no murder?

"Don't Try to Be Cute"

On the TV, Sakai said so...
but...but...I am just cute... what should I do?
I can try to not be creative.
I can try to not be smart.
I can try to be a sheep.
BUTs (i.e. many but)... I don't know how to be "not cute."

anyway... helpful class... Cutie Survey: 8 out of 10 cuties

1. CP outline: good
2. Professional Responsibility: messy
3. Wills/Trusts outline: good

I am Getting the feeling. ( Roar )

He is right. My most serious problem is my outline doesn't match my answer structure. I am actually working on it. And yes, time management. Final Schedule: Working on it.

p.s. 1.5 more pounds

to do list

1. Civil pro review + essays
2. elements : Criminal law
3. elements: Torts
4. lecture

Smile. Don't be a bitch.

“I have seen all, I have heard all, I have forgotten all.”

Marie Antoinette

Personal Property de CP

General Rule: either spouse may act alone
Exception: furnishing/clothing of the dwelling/CP household. The non consenting party spouse may void such a transfer in its entirety at any time during or after marriage and need not return the transferee's purchase price.

Real Property de CP

If CP is titled in one spouse's name only and that spouse misrepresents his marital status to an innocent transferee, the non consenting spouse has 1 year in which to bring an action to void the transfer. Transfers to BFP are presumed valid.
---> presumption can be overcome by demonstrating that she did not in any way consent to, or participate in, the transfer .
--->must return purchase money

Property Liable for Debts:

General Rule: All CP and the debtor's SP are liable for a debt she incurred before pr during marriage.
Exception: CP earnings of the non debtor spouse are not liable for the debtor's premarital obligation only as long as those earnings are held in a deposit account in which the debtor has no right of withdrawal.
Exception de exception: necessaries.

some thoughts to motivate myself

This is my relationship with bar exam now.

I love bar exam. Bar exam is the sun of Cutie's world.

Bar exam wants all my passion. Bar exam needs all my attention. Bar exam dominates my world until July 26th.

Bat exam is sexy so I want to have a baby with bar exam named license.

persistence

Today, I do feel much better. I outlined a lot of essays. I don't even count how many I did. I am kind of getting the feelings. I think yesterday was a major freak-out. I don't know why. I remind myself that there are 6K ( 7K?8k?) people who are also suffering now but they don't complain. "Why should I? Am I weaker?"

The Arc de Triomphe pic is my wallpaper now. Recently, I think about Paris a lot. I took the photo in April. (Paris is just beautiful.) I think I really really need a blue sky holiday. Of course after the bar exam.

Tomorrow is the simulated exam. I am not ready but I will just do it. No one is ready.

freaking out

yes, I am freaking out.

I cannot concentrate tonight at all. I am tired, both physically and mentally.

I lost motivation. The studying is god damn dry. I have to say it's very stupid. However, if i don't pass it, I will not be qualified to name bar exam a game for idiots. I am not hungry ( bad sign). I am not sleepy but feel exhausted.

I hope your studying is powerful and with high yield.

Good night, my fellows. Let's see whether tomorrow will be another day.