Very good Criminal Pro Simulated Question

simulated RP and Torts exam

to do list

• Con Law ( finished)
• K/Sales/Remedies(finished)
• T/Remedies(finished)
• Real Property/Remedies
• Evidence ( CA)
• Criminal Law/Criminal Pro
• Professional Responsibility(finished)
• CP/Wills/Trusts (finished)
• Civil Pro
• Corp/A/P
• PT in-class note

post its

there might be more than 25 post its around everywhere
it's getting messy
all the little things and little charts i need to review before the bar exam
I shall collect them all together in a giant post-it

study break

10 subject list:

1. con law
2. CP: essay formats, famous cases, education, creditor
   
3. W: interested witness
   
4. T: trustee's duty
   
5. CA evidence: proposition 8
   

1. Con Law
2. K/Sales/Remedies
3. T/Remedies
4. Real Property/Remedies
5. Evidence
6. Criminal Law/Criminal Pro
7. Professional Responsibility
8. Civil pro
9. CP/Wills/Trusts
   
10. Corp/A/P

kick bar exam's butt

don't know why, the little girl reminds me GW Bush.
remember, if you don't kick bar exam's arse
it will kick your arse.
have a good study break!

i know my blog is messy but

i said before this blog is my notebook
it's messy
but please don't make it messier
i don't need extra money and I don't wanna curse people now
respect my land
thank you...

Civil Pro ... so many little things to remember

I might can finish Civil Pro today as well.

Integration every little piece of shit...

R12
R19
R23

con law 6 Interstate Commerce (pg 16-19)

regulations of commerce by congress... i will finish later... from here to the end, I am kinda getting the sweet shit already.

con law 5: privileges and immunities clauses

Article 4
prohibits discrimination by a state against non residents
corp/aliens are not protected---> use equal protection/due process
only fundamental right protected
substaintial justification exception
mutually enforce with commerce clause(CMR pg 15)
14th Amendment-orivileges on National Citizenship ( Corp is not protected)

Con law 4: Fed Sys. Relative Fed v. State Powers

concurrent fed and state power-effect of supremacy
conflicts: state law invalid
preemption: fed law may expressly/impliedly occupy the entire field, thus precluding any state or local regulation even if the state or local regulation is nonconflicting.
Factors considered:
1. comprehensiveness of fed scheme
2. creation of agency to administer the law
full faith and credit clause: (1) court has PJ and SMJ(2)on the merits(3) final

conlaw 3: executive power

domestic poweres
appointment powers: congress itself may not appoint members of a body with in administrative or enforcement powers.
removel powers
by president
by congress: only through impeachment

Pardon power by present ( cannot be limited by congress)
all federal offenses: yes
impeachment/civil comtempt: no

Veto(disapprove)

• the act may still become law if the veto is overridden by 2/3s vote of each house.
• pocket veto:A pocket veto is a legislative maneuver in American federal lawmaking, and is a process of indirect rejection. The U.S. Constitution requires the President to sign or veto any legislation placed on his or her desk within ten days (not including Sundays) while the United States Congress is in session. If the President does not sign the bill within the required time period, the bill becomes law by default.
• power over external affairs

Power over External Affairs

• war: can act militarily in actual hostilities
• treaty: 2/3 consent of senate
• executive agreement: signed by Bush and the head of a foreign country, no consent from senate is required; federal law>EA>state law
• impeachment: 1/2 House vote to invoke the charges;2/3 Senate vote to convict and remove from office

Con Law 2: legislative power

enumerated and implied powers
necessary and proper power
taxing power
spending power: congress may spend for the common defense and general welfare. spending may be for any public purpose.
commerce power: congress has exlusive powerto regulate all foreign and interstate commerce.
C: channels
S:substaintial effect: the court will uphold the regulation if it is of economic or commercial activity and the court can conceive of a reational basis on which congress could conclude that the acitivity in aggregate substaintially affets interstate commerce.
I:instrumentalities/ persons/things
war and related powers: the consitution gives congress power to declare war, raise and support armies, and provide for and maintain a navy.
investigation power:implied.
property power
no federal police power: but semi police power over DC, federal lands, military bases, indian reservations
bankrupcy power: non-exclusive
postal power: exclusive
legislative veto of executive actions : try to avoid bicameralism or presentment; invalid

Con Law1: Judicial Power

Article 3
Juducial Review
Federal Courts
Article3
Article1
Jurisdiction of the supreme court
original jurisdiction
appellate Jurisdiction: SC has power in all cases to which federal power extends, subject to congressional exceptions and regulation
Writ of Certiorari
cases from state courts re:(1) constituionality(2) violation of federal law
all cases from federal courts of Appeals
appeal-must hear: decesions by 3-judge federal district court panels that grant or deny injunction relief

Consitutional and Self-Imposed limitations on exercise of Fed. Jurisdiction-"strict scrutiy"
Q: does this case judiciable by SC?
A: depends on whether there is "a case or controversy" and other elements

no advisory opinions: there must be present harm or threat of specific future harm.

Ripeness: Pp is not entitled to review of a statute or regulation before its enforcement unless the Pp will suffer some harm or immediate threat of harm

Mooteness

• a real controversy must exist at all stages of review. If the matter has already been resolved,the case will be dismissed as moot.
• exception: capable of repetition, but evading review are not moot.ex. abortion
• class action: representative may continue to pursue even her claim has become moot if claims of other class members are still viable.

Standing: Pp must have a concrete stake in the outcome of a case.

• injury: directly/personally harmed by the unlawful gov action which affects her right under con or fed law
• causation
• redressibility: the decision favor Pp must be capable of eliminating the grievance

common standing issue

• Pp in Zone of Interests: have standing to enforce a fed statute
• Standing for others: a claimant has standing in her own right can assert the rights for a 3rd person if

• (1) it's difficult for the 3rd party to assert her own right or

  (2) special relationship between the claimant and the 3rd party

• standing of orgnization:

• (1)injury to members and members can sue on their own

  (2) injury is related to the org purpose

  (3) idv. participation is not required

taxpayer standing: no standing to challenge gov expenditures( cause too remote)
exception: attacking taxing and spending measures on 1st amendment expenture clause
no standing to challenge fed gov grants of surplus property to religious group

adequate and independant state grounds
SC will not exercise jurisdiction if the state court judgement is based on adequate(fully dispositive of the case) and independent(not based on federal case interpretations of identical federal provisions) state law grounds

Abstention
political questions

• constituionally committed to another branch of gov
• inherently incapable of judicial resolution ex. president's conduct of foreign policy
• non political Q: legislative apportionment, arbitrary exclusion of a congressional delegate/production of presidential papers and communications

11th Amend

• prohibiting fed courts from hearing a private party's or foreign gov's claims against a state gov.
• SC: sovereign immunity bars suits against a state gov in state court, even on federal claims
• Congress can remove the immunity as to actions created under 14th Amendment.

Con Law Essays

Q1 Standing

• Damage: causation/foreseeable/redressiblity
  
• Special Standing Issues

Ripeness

Muteness

Organization standing

11th amendment

Q2.Government Act
Federal
State
Private

Q3. Fundamental Right: Amendment 1-Amendment 10
Q4. Discrimination
suspicious groups
quasi0-suspicious groups

Q5 Ia there a Taking?
physical
regulatory

Q6. Procedure Due Process: 5th
Q7. Substantiation Due Process: 5th
Q8. Equal Protection: 14th
Q9: Conclusion

Yoga @ your Laptop by Aussi: Neck/Shoulder

Revisit: Contract essay checklist

X vs. Y

1. Governing Law ( tangible goods?)

• common law
  
• UCC Article 2---> are both parties merchants? merchant's special rules
  

2. Is there a valid K?

Mutual Assent
Offer: promise/undertaking; definite; communicate

• merchant's firm offer
• revocation
  

Acceptance

• mail box rule
  
• common law: mirror image
• UCC : Q: Offerree's different terms are part of K?

• between merchants: yes, unless: substantially change/ specific wording/?
• not between merchants: no ( offer control)
  

Consideration(bargain for exchange)

• estoppel: detrimental reliance
  

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

• precedent condition/ concurrent condition/? condition
• waive
  

4. Any defenses?

• Mistake: patent
  
• Insane/Incapability
• Minority
  
• Statute of Frauds ( MY LEGS)

• Exception: Partial Performance
• Memo: between merchants, per oral communication's conclusion, 10 days
  

• Impossibility: objective
  
• Impracticability: subjective
  

5. Interpretation:

• Parole Evidence Rule:Oral communication prior or @ the written K is prohibited to be used to explain K if the written K is final and integrated.
  
• exception: mistake
• Is there a 3rd party beneficiary?
  

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

• anticipatory repudiation: prior the due day/ unequivocal
• bilateral
  

rescind

withhold

ignore and urge for perform

• major breach: substantial bargain-for-exchange
  
• minor breach
  

7. Remedies ( check remedies outline)

legal:

• Compensatory
• foreseeable/causation/unavoidable
  
• put Pp as had K never been breached
  
• Consequential: incidental
  
• nominal
• punitive: non, unless tortious

restitution:

• quasi K
• replevin: UCC special rule
  
• ejction
  

equitable: SP ( Cha Cha Is My Favorite Dance)

• Valid K
• Condition fulfilled
• Indequate Legal Remedy: special goods
  
• Mutual
  
• Feasibility
• Defenses: unclean hand
  

Duty to Mitigate

To Do Lists

2006 Essay Feb/July
Con Law
K/Sales/Remedies

When I noticed the time

it was already 1:38.

Bye, Torts. I did you. I am sure I can handle you well. I am no less competent than any other applicant. I am confident.

Redbull is for sure powerful. Why did lazy aussi create such kind of thing... ( well, "lazy" is a good life attitude, so don't pick on me, aussi! )

I am going to play with cats for 5 mins then hit the bed.

SFPD; Candy Soft Candy Hard

4 branch @ privacy invasion
S: seclusion(invasion)
F:false light
P:appropriation of photos
D: public disclosure

Negligence Per Se ( conclusive presumption for duty and breach)
Candy Soft Candy Hard
Criminal penalty of the statute
Clear Standard
Protected Class
Harm the statute prevent

red bull is very powerful

I feel I am the energizer bunny.

Just got my last barbri essay. Obviously, they are trying to be sweet. one comment is interesting " too much time on small issues." I did notice that problem actually. I have to tell myself " it's not the time to show off especially you are not a fast WRITER." I wish my hands could transform to keyboards during the bar exam.

All right. Don't feel hungry yet. The Thai lunch actually was a lot. Hope the redbull won't keep me on whole night.

2002 Feb Essays Memo

Q1 Civil Pro

• Jury Trial: 7th amendment

• not incorporate with 14th Amd.
• Erie: substantial or procedural?
  

• Remove: from State Court to Federal Court by Defendant

• diversity case: diversity of citizenship+75K
  

• Remand: P's motion to request the case staying in state court
  
• Judgment as a Matter of Law (CA: Direct Verdict)

• effect: take the case away from jury
• reasonable minds cannot disagree
• timing: for D, at end of P's evidence or at end of all evidence; for P, at end of all evidence
  

• Renewed Motion for Judgment as a Matter of Law (CA: JNOV)

• Fed:only the party move for direct verdict can move for JNOV
• CA: doesn't have the same restriction
• "final judgment" can appeal
  

Q2 K/Remedies ( Pasta maker had a K with grower to get tomato, grower repudiated)

• requirements K

• quantity: good faith
• lack of consideration

• parole evidence rule
• anticipatory repudiation
• replevy ( UCC rules)
• fraud
• misrepresentation
• unconscionability
• specific performance: Cha Cha Is My Favorite Dance
• Preliminary Injunction
• Mitigate
  

Q3 Corp

Federal securities regulations
Duty of Care: Officer
Duty of Care: BOD

Q4 Trusts/PR ( wife=lawyer=trust drafter=trustee)

• Trust: San Diego Taco Is President Bush's Preference
• Undue Influence
• Fraud/Misrepresentation
• Trustee's Duty: Fiduciary Duty

• Self-Dealing
• Conflicts of Interest
• Property
• Prudent Investor

• Beneficiary's Remedy @ trustee's breach
  

• ratify
• surcharge

• PR

Duty of Loyalty

Duty of Competence

Duty of Fairness

Q5 Con Law

• standing
• personal standing: causatoin/redressibility
• organization
• due process (5th amendment: life, liberty, property)
• procedural due process

• what kinf of right

  the importance of the right

  the effect of providing procedure protection

  balance: gov. burden/ climant benefit

• substantive due process
• equal protection
• 5th Amendment taking clause
• is there a taking
  

Q6 Evidence

• Judicial Notice

• notorious: common knowledge

  manifest: easily ratified by accessable authority

  instruction to jury

  civil: conclusive

  criminal:

  fed: not conclusive

  CA: conclusive

• form: personal knowledge
• public policy exclusion

• settlement offer

  remedial mesaures

  insurance info

• document

• writer's personal knowledge

  authentication: can be done by witness's testismony

  best evidence rule: if trying to prove the contect of a document, the
  original copy must be provided, if the it's not available, an explanation must
  be given.

• expert testimony---> plz check

• qualification

  certainty about her opinion

  have a factual base

2002 July Essays memo

Q1 Community Property/Wills

• Community Property ends: physical separation with no intent to reunion
• omitted child
• Attested Wills
• Holographic Wills
• Codicils: republish
• Incorporation by reference

• then existing document, clearly identified in the will

  Can an invalid will be incorporated by reference be a
  codicil into a valid will?

• Wills substitute: Life insurance proceeds

Q2 Real Property ( sorry! your land has my easement)

• easement

• appurtenant: dominant/ servient

  duration

  termination

  failure to record

• mortgage setting on the land with easement

• when debtor default

  notice

  race

  race-notice: taking without notice/record first

  actual

  constructive: from recording

  inquiry: physical inspection of the land

  if with notice, not BFP, not protected by the statute

• Deed of Trust
• Foreclosure/appraise/deficiency
• general warranty deeds
• covenant of encumbrances
  

Q3 PR ( friend's son using drugs and lawyer asked him to accept prosecutor's offer even son insists he is innocent... what the hell?)

• making sure who is the client
• specialization: taking cases in a unfamiliar practicing area
• duty of confidentiality
• duty of loyalty

• potential: might occur @ some point during representaion

  reasonably believe she can effectively represent

  informed consent from client ( in CA, the consent must be in writing)

  the consnet must be reasonable

  actual: actually exist

  receiving fee from 3rd person without client's consent

• duty of competence
• duty of communication

• Using other lawyer's service without client's consent

  Sharing fee with other lawyer without client's consent

• sharing fee with other lawyers ( client's written consent is required)

• RPC: proportional to labor

  CA: doesn't need to be proportional, but cannot increase the overall
  charge

• desicion making

• by lawyer

  by client

• duty owed to the court and 3rd person
• duty of candor to the court: asking client to enter guilty plea while knowing it's not false
  

Q4 K (Polly wanted to win a free vocation trip but ends up with nothing)

• consideration
• estoppel: Pp foreseeably and reasonably detrimentally reliend on the agreement

careful! what can you claim under estoppel?

• remedies: items you can claim: foreseeability
• some items conflict with each other, if you are allowed one, you should not be allowed another
• Defense: old shit

• impossiblity

  impraticability

Q5 Torts (patient using drugs with " remote" risks and she did become blind)

• product liability ( lack of proper warning)

• strict liability---> plz check

  unreasonable dangerous products which can make safer by adequate warning

  foreseeable user

  foreseeable risk

  no defense:contributory negligence/comparative negligence

  defense: assumption of risk ( required Pp has knowledge)

  intentional( contributory negligence/comparative no defense)

  negligence

  misrepresantion

  express warranty(disclaimer)

  implied warranty of mechantability

• negligence
• malpractice: for professional: reasonably prudent one in the similar area
• causation

• actual: but for

  legal: foreseeability---> remote risk

  supervening

• assupmtion of risk
• mitigate: reasonable standard
  

Q6 CP(another sad couple)

• putitive spouse ( QMP)
• one spouse's earning in her own personal account
• transmutaton ( before and after 1985)
• creditor right:what is "necessary"

• prior marriage child support

  family lawyer real property lien

2007 Feb Essays Memo

2006 July Essays Memo

Q1

Q2

Q3

Q4

Q5

Q6

2006 Feb Essays Memo

Q1

Q2

Q3

Q4

Q5

Q6

2006 Feb Essays Memo

Q1

Q2

Q3

Q4

Q5

Q6

2006 Feb Essays Memo

2005 July Essays Memo

Q1

Q2

Q3

Q4

Q5

Q6

2005 Feb Essays Memo

Q1

Q2

Q3

Q4

Q5

Q6

Bonjour

Just woke up. 8 hours sleep :P

I wish I can sleep less but I feel blessed that I can sleep and let me brain recharged. :D

Essays really consume a lot of brain power.

Anyway. do you feel powerful today? :D hope you do.

This will be my last "only-essay" day. VERY NICE.

I am getting addicted to essays. They are games. They are fun.

General Deeds

When deeds don't go wild

SEC Quickly Eats @ WAwa

• Present: breach @ delivery
  

Covenant of Seisin

Covenant of Right to Convey

Covenant of Encumbrances

• Future
  

Covenant of Quiet Enjoyment

Covenant of Warranty

Covenant of Future Assurance

2001 July Essays memo

God, I really need to go through crime elements and tort elements.

Q1 Civil Pro

• SMJ

FQ

Diversity of Citizenship

• nature person: domicile : physical and mental
• citizenship of corporate: state where incorporated/ PPB
  
• aggregate the claim: joint tortfeasors

• venue

all the Dd reside

cause of action

one of the Dd reside

• motion for change of venue
• personal jurisdiction
• final judgment rule
• interlucotory appeal

Q2 Real Property ( Artist went to London and sublease his place)

• sublease
• assign
• privity of K
• privity of estate: share common interest
• real covenant
• equitable servitude
• quiet enjoyment
• constructive eviction

Q3 Evidence(What objections can be raised?)

• Assume facts not in evidence ( =Argumentive?)
• lack of relevance
• lack of personal knowledge
• speculation
• questions call for a narrative
• hearsay
• present sense impression
• excited utterance
• opinion

Q4 Con Law(female priest)

Q5 Torts/PR(lawyer files frivolous suits for the client to help him getting custody)

• malicious prosecution

• use criminal procedure ( civil also, in many states)
  
• no probable cause to believe
  
• results favor for Dd
• causation
• damages
  

• abuse of process
• use process for a u purpose
  
• defamation

Q6 Wills/Trusts

• holographic
• Anti-lapse
• death before the will
• death after the will
• omitted child
• trust

after reading a lot of model asnwers

after reading a lot a lot a lot a lot of model asnwer A and model asnwer B, I have some brilliant thoughts to share:

1. trust yourself.
2. people will shit everywherer. this is also the way they write answers... so don't worry
3. a good outline is definitely important, especially if you are a writer.
4. be smart ( they do like smart analysis)
5. guess bravely, it's better than blank


All right. My dad told me " always think people have good intention." You can trust me cause I say so.

High 5.

treat

evil doll said " if you want to make your studying easier, you have to give yourself some kind of treat."

i decide to study hard today ( no choice = =) and have Thai food for lunch and my favorite Thai ice tea. Yum yum. Hope I won't consume too much rice. a round firm& tight ass is the key to success ( means you're very disciplined and you do yoga)

:)

Conclusion: I want to finish 2001-2003 CA bar essays memo today.

evil desire

I have extremely strong unbearable desire to open that 400 cal package of potato chips.

I want to reach my hand into the package.

I want to put those chips in my mouth.

God! show me some mercy.

ask a gay man

He is such a bitch. The most horrible thing people do in summer for sure is " CA bar exam."

2003 Feb Essays Memo

Q1 Civil Pro

Q2 Real Property

Q3 Criminal Pro/Criminal Law

Q4 PR

Q5 Con Law

Q6 CP

2003 July Essay Memo

Q1 Corp/PR

Q2 Remedies

Q3 Evidence

Q4 Torts

Q5 PR

Q6 Wills

2004 July Essays Memo

Q1. Criminal Law ( 3 people commit robbery, one got killed by the victim. someone else helped the left 2 to escape.)

• murder: killing/malicious aforethoughts
• 1st degree murder: premeditation/delibration
• 2nd degree: murder other than 1st degree/IM/VM
• felony murder: common law/ modern law---> inherently dangerous
• co-felon's death
• involuntary manslaughter: criminal negligence
• voluntary manslaughter: passion/provoked/short period of time/no time to cool off
• conspiracy: double intents/overt act
• extortion ( black mail): obtaining property by means of threats
• assessory after facts:adds to escape knowingly she is a felon

Q2. Constitutional Law ( No begging)

• Stadning: causation/redressibility
• State Actoin
• 1st Amendment right: free speech
• vaugeness: don't know what is prohibited
• overbroadth: substaintially prohibited protected speech
• contect-based: presumptively illegal
• contect-neutral
• time/place/manner

public forum/designated public forum:

• content neutral
• narrowly tailored
• alternative forum available

private forum: contant neutral/legitimate gov intrest

Q3. Wills/Trusts

• choice of law
• attested will elements
• interested witness
• intestate distribution
• trust element

• Is truetee necessary?

  Is beneficiary ascertable?

  If the trust fails, cy pres?

• pretermitted child, exception
• adopted child

Q4. Evidence

• logical relevance: more/less probable
• legal relevance: probative/prejudicial
• personal knowledge
• hearsay

• statement: laughing?

  state of mind

  admission by the other party

  statement against interest

• judicial notice

• notorious: common knowledge

  manifest: easily ratified from authority

  criminal case: Fed and CA difference

• best evidence rule
• leading question @ cross exam
• assumed facts in the question
• juror's independent research

Q5. PR

• Former government lawyer
• Solication

• in hospital

  use runner/compensation to the runner

• Duty of Fairness to 3rd Party
• Contact with people represented by counsel

Q6. Torts/Remedies

• wrongful death: medical bills/lost wages/sex/consortium

• lost wage: present value/inflation

• negligence
• eggshell-skull
• remedy analysis: certain/forseeability/unavoidable

Class Action

Cha Cha Tango Rocking Roll Is Cool Shit ( forget about grammer)

Authority : R23

Numerous class &
common questions in law or in fact &
the representive's claim is typical to the class &
the class is reasonably represented &
Either one of the following 3:

• Risk of inconsistant decisions
• Injunction or declaratory relief appropriate
• Common questions predominate and a class action is a suprior method

CA: class is ascertable & common interest

court rely on R23

• risk
• superior method
• predominates
• common questions

I alsmot remember everything in Fed part but fail in the CA part... well... :P

my counter

I suddenly found my profile counter number is 888

guess we are all freaking out and try to find a lifesaver from the internet...

pals...

I am as scared as you are.

I am as tired as you are.

I am as depressed as you are.

Let's pass the bar hand in hand. No more tears. No more weepie weepie. We are just too cute and creative to take the bar exam again.

sorry, mom

talked to my mom earlier

mom was talking about things....
.on
.. and on
... and on...

5 mins later...

moi " mom, what's your point?"
mom " -------- ( silence)"
moi " mom, I didn't mean it. I mean. ... ( actually I did mean it)"
mom " I don't know you're so busy."
moi " --------- ( silence)"

I will call her later and tell her I love her.

2004 Feb essay memo

Q1 Criminal Pro ( informant called police about a guy who might commit robbery, police found the marked bills and shortgun)

• 4th amd: serizure

• arrest? ( police's gun pointing down/ defedent handcuffed) warran generally not required

  other detain? stop and frisk

• 4th amd: search

state action

privacy

no warrant

warrantless search

• search incident to lawful arrest
• plan view ( I dount this one, but 2 model answers mentioned plan view)

• 5th amd: Miranda Warning

• custodial: not free to leave

  interrogation: questions might invoke answer

  physical action: testimonial? ( Defendent looked a garbage can around and police found the shortgun inside)

  shall the evidence found from the violation of Miranda Warning be excluded?

• Taking Defendent voice without crossexam and witness

Q2 Community Property ( outstate HW moved to CA, then husband moved to live with mistress)

• prior marriage debt
• Q-CP: divorce
• when did the CP end?
• putative spouse
• mistress's personal account
• what can the creditor reach into?

Q3 Professional Responsibility ( former client brought her father to lawyer and asked lawyer to draft a will/deed for her father)

• Who is the client?
• Duty of loyalty: IC between former clients and current clients
• Duty of confidentiality
• Competency: skill, knowledge, thoroughtness, preparation
• receiving payment from 3rd person
• fee: PRC:reasonable, CA: unconscionable
• Duty of Fairness to 3rd Party

Q4 Real Property ( cards store in the shopping mall, familiar right?)

• covenants: intent/touch&concern
• assigment: privity in land
• interaction between covenat violations:

• if landlord violates covenats, can tenant stop to pay rent? ( independency of covenants?)

  waiver

• can Landloard sue assignor for rent?

Q5 Con Law ( association filed suit for its members for a state law which restricted broader than the federal law):

• orginization standing: members harm/harm related to purpose/ ind participation unncessary
• supreme clause: Fed preemption
• commerce clause
• negative application of commerce clause

Q6 Civil Pro (court dismissed D's 12 b motions)

• PJ: general long arm statute My Parents Foreseeably Forgot Read Child Story.
• SMJ: FQ & diviersity
• Complusory Joinder: can't enter a complete judgement/ defendent can't defense itself
• indispensible 3rd party: what shall the court do if an indispensible party will destroy diversity?
• Conterclaim: D->P if from same T/O, lost the claim if D didnot counterclaim
• supplemental jusrisrication
• FQ: same nexus of facts
• diversity of J: same T/O ( for PP to DD, can overcome amount but not diversity)

Just Woke Up

@ 11:00 am. I told myself I need to sleep in. My brain can't function if it's over heated.

If the studying is very powerful and effective. Then my brain got really tired after 10 hours study. ( hit 2 essays "perfectly" yesterday, even thought the model answer is not that model... hop hop hop)

Anyway, focus on the major topics. For the little things- make up rules. I really can't get distracted.

MBE and PT.

Feel very powerful now. Hope you 2. Roar. I am going to get a super big cheese burger and fries and milk shake and then a whole day study.

:D

:) Pinkie Power

Senior Pinkie

Suddenly I found I am much stronger than I thought.

Miss you still but let me move on bravely.

Junior Pinkie

Guten Tag!

I was feeling ugly and fat, shopping in the TJ. I felt someone kept looking at me.

Austrian guy: "hello! are you studying in Academy of Art?"

a "cute" blondie guy with an interesting accent

Moi: "nope"

Austrian guy: " where are you studying? are you Japaneses? "

Moi: " I am not a student. Where are you from?"

Austrian guy: " Austria."

Moi: " Guten Tag."

Austrian guy: " your german is really good."

Moi: ( Hello! I just said Guten Tag.... )


Anyway, even I am fat and ugly. There is still someone who is willing to talk to me........ and tells me my german is really good.

Awesome.

Back to study... I am a stranger to those 2 cats already. they dirty evil kitties....

Let's Chat

Obviously, there are 8 days left only.

For me, these 2 months are kind of tough, mentally. Although I used to stay up whole night to study a case I like in law school but this "barbri" or "bar exam" way of preparation is just not my way.

I found 2 ways to motivate myself:

1. think every MBE or essay is a game. a puzzle.
2. for PT, think you want to be the best associate in your firm.

Anyway, i love you all. Every one provides blogs and everyone gives me feedback. Without you, bar exam thing is just many many blue days.

You...You light up my life....

criminal pro

Exclusionary Rule

4th ( for states, incorporation with 14th Amd)
search and seizure

Seizure

• Arrest: no warrant is required
• Other detain

• stop & frisk
• car: neutral purpose related to automobiles and mobility
• to get a warrant

Search

• state action
• right of privacy
• valid warrant or good faith belief
• warrantless search

• incident to a lawful arrest
• stop and frisk:patdown
• consent
• plan view: lawful on the land
• automobile
• hot pursue

5th
no-self incrimination

Miranda Warning

• custodial interrogation
• testimonial (express/implied)
• spontaneous
• evidence from violation of Miranda warning ( no court decision yet re: fruit of poisoned tree)
• inevitable

6th

• right to jury trial
• speedy trial
• post-charge right to counsel

8th Cruel Punishment

bail

Criminal Law

Criminal Law

Element of Crime

Act

Mental Status

Inchoate

Solicitation

Conspiracy

Attempted

Body

Murder

• common law

• 1st /2nd

• voluntary manslaughter

• involuntary manslaughter

Battery

• offensive touching

• intent

Assault

• apprehension of offensive touching

• intent

False Imprisonment

Kidnap

Property

Larceny

• Taking

• Property of Others

• Causation

embezzlement

• Taking

• Property of Others

• Possessary

• Intent

rubbery

• Taking

• Assault

• Intention

exortation ( Blackmail)

Habitability

Burglary

• Breaking

• Entry

• Dwelling of Others

• At night

• With intent to commit felony inside

Arson

• malice

• burning

• dwelling

• another

Sex

Rape

• karnal knowledge

• woman

• Intent

Judicial

Perjury

PR- Court & 3rd Party

Duty of Candor to Court
Duty of Fairness to Counter Party:

(especially in criminal case)
Concept: Let's have a fair game!
1. Duty to Turn-In Real Evidence ( Note: Duty Conflicts with Duty of Confidentiality)
2. Duty to not forge evidence
3. Duty to not contact other party's employees without other party's consent
4. Duty to not use criminal charge threatening other people

RereVisit of PR-client

to Clients:

Concepts: Be a competent professional!
There is fiduciary duty between a lawyer and her client.

The major duties include:
1. Duty of Care(competent): knowledge, preparation, thoroughness, skill
2. Duty of Loyalty

• Conflicts of Interest with Lawyer herself
• Conflicts of Interest with Lawyer's Former Government Employer
  
• Conflicts of Interest with Client's Employers ( note: corp&directors)
• Conflicts of Interest with Past Clients : informed and written consents from both parties
• Conflicts of Interest with Other Clients
• Imputed Conflicts ( CA silent): if one can't , all firm members can't, unless--->ethic wall
• Consent ( If a reasonable lawyer will not suggest consent--->unconsentable)

lawyer reasonably believe can represent each client competently/diligently

representation not prohibited by law

if it's one client against the other in the same case: not allowed


informed/written consent by each client

not prevents by duty of confidentiality

In order to improve the trust between a lawyer and her client:

Concept: How to win your client's trust?
1. Duty of Confidentiality

• A/C privilege:

• @ court

  belongs to client

  neverend(CA: end when estate distributed and excutor discharged)

  CEC: discretionary--->avoid death or seriously bodily harm

• RPC: info related to representation
• Cal RPC: no rules. oath
  

2. Duty of Communication: keep client informed
3. Duty of Fair Hourly Rate/Contingent Fee

• RPC: fee must be reasonable
• Cal RPC: must not be unconscionable
• written requirement
• Contingent fee: %, from judgement award

RPC

Cal RPC

4. Duty to Have a non-fraud Advertisement

CA: GQ Is Dame Cool.

1. no guarantee/warranty
2. no "quick cash"
3. no impersonation without disclosure
4. no dramatization without disclosure
5. no no contingent fee offer without disclosure of the possibility litigation fee if the client loses the case

CA: presumed to be false/misleading (rebuttable)

1. client in hospital
   
2. client suffering mental/physical stress
3. mailings without labeling"advertising materials"
   
4. testimonial&endorsement without informing clients it's not a promise
   

5. Duty to not solicit ate clients improperly

seeking fee-paying work ( freebie is ok) by personal contact/telephone contact/ real-time electronic contact is not allowed, unless from personal/family/prior professional connects or from other lawyers .

Exception: Targeted Direct-Mail Solicitation ( person known to face face a specific legal problem) ---> Label as "advertising material" NO HARASSMENT

6. Avoid Intimacy with Clients
7. Avoid Other people pay for your clients (Exception: written consent, no interference of independent judgement & confidentiality ) 2004 Feb Q3

8.Financial Assistance to client:

• PRC: not allowed(exception: advance court costs/litigation expenses; indigent)

• CA: no "buying" , but with written IOU, lawyers can lend money to clients for any purpose
  
  

i will

思いがけない出來事に

また今日も　誰かが

泣いたり　笑ったりしている



君からのメッセージを

何度でも　讀み返しては

何故だろう　淚が　止まらなくなる



きっと誰よりも分かりあえる　君がいてくれるなら

どんな瞬間も　乘り越えてみせるよ

だから抱きしめていてね　ずっと　離さないで



言葉にできないこの思いを　歌い續けていたいから

忘れないでね　どんな時も　ずっと and I will be with you



遠いけど　いつでも

すぐそばに　感じてる

優しさに　すべてを

任せたい夜もある



きっと誰よりも分かりあえる　君は安らぎと共に

喜びをくれるよね　今も　これからも

その存在が　心　滿たしてくれる



言葉にできないこの思いを　歌いつづけていたいから

見つめていてね　いつの日にも　ずっと and I will be with you



何かを失って每日を　叫び續けようとも

嵐が過ぎ去ったあとは　いつも虹は浮かぶ



言葉にできないこの思いを　歌い續けていたいから

忘れないでね　どんな時も　ずっと and I will be with you



言葉にできないこの思いを　歌い續けていたいから

忘れないでね　どんな時も　ずっと and I will be with you