Cutie Likes California Bar Exam

Hey!

noreply@blogger.com (Cutie) — Fri, 27 Jul 2007 07:10:00 +0000

Eventually, it finished.

I am packing now, feeling exhausted. Yet, I also feel satisfied.

I have an early morning flight. I don't know why I push myself like this. I am just too afraid to waste time, maybe.

The result will be out in Nov. I know many of us will pass.

Reading blogs is always a good way to motivate myself. I start to feel " god, I shall do something," when I notice many people actually started to prepare bar exam far before the barbri class. I was kind of lazy in the beginning but I think I studied hard after the barbri's simulated exam.

Anyway, here, I have to say " thank you" again. Without you guys' great blogs and feedbacks, cutie definitely won't have the mood to write this little thing now. All my words are sincere, at least before I become a real lawyer.

tokyo is waiting for me

noreply@blogger.com (Cutie) — Thu, 26 Jul 2007 05:11:00 +0000

one more day...
then you can eat all the delicious foods
buy cute things
see the transformers

lost in translation...

just one more day

to da list

noreply@blogger.com (Cutie) — Thu, 26 Jul 2007 02:55:00 +0000

possible essay questions
1. Corp/A/P
2. Civil Pro
3. CP/W/T
4. Con Law
5. K/remedies
6. Criminal Law/Pro
7. PR

MBE

noreply@blogger.com (Cutie) — Thu, 26 Jul 2007 01:39:00 +0000

It's a tough day. The morning was ok. Yet, I did feel really tired in the afternoon session.

For the afternoon one, I decided to take sakei's advice. I skipped 4 long questions. Then after I finished all other questions, I came back to those skipped questions.

Suddenly. I found one question I skipped already had been answered. I felt all lights went off.......... GOD! WHAT THE F**K ( I did curse) only 5 min left...

I checked that question and decided to save as much as I can. NEVER GIVE UP.

Then I found actually I did answer that one, so "luckily" there should not be 30 or 40 questions completely wrong... I know I definitely missed two questions ( cause I know the answer I picked did not seem reasonable) but who knows... if I did not answerright, I believe most of people don't know either... I know my level ... but it's just a feeling of imperfection... which bothers me

anyway... no time for weepie weepie .... better be very ready for tomorrow's essays and PT.... being a loser and thinking about the past shit is just not my style.

I know I deserve to pass. I have strong faith.

hilary... like or hate?

noreply@blogger.com (Cutie) — Wed, 25 Jul 2007 05:30:00 +0000

Watching CNN...
I personally like smart people
I believe she might be a good choice
however, her image is totally " cruel female partner"

i cannot read

noreply@blogger.com (Cutie) — Wed, 25 Jul 2007 03:31:00 +0000

i guess i am tired :D
i decide to relax
i am thinking what those attorney applicants do tomorrow
will they study or watch Harry Potter
lidsay has some trouble today
i think i am a lucky girl
at least i don't need to worry my dad loves me for $

1st day

noreply@blogger.com (Cutie) — Wed, 25 Jul 2007 01:55:00 +0000

1st over. high 5.

Essays: I did as much as I want. However, I did feel the time is plenty. I tried to finish all 3 questions.

PTA: this is the best PT I did . Happy Happy.

Anyway, I will try to review some MBE questions. ( not doing, just reviewing q I did wrong)

enjoy an awesome performance.

CA Evidence

noreply@blogger.com (Cutie) — Tue, 24 Jul 2007 06:45:00 +0000

My last min reading...since it seems E will definitely there, I feel I am doing the right thing

Impeach:
Felony:moral turpitude: readiness to do evil
misdemeanor: civil no, criminal, yes
bad acts: civil, no initiation, no extrinsic E; criminal, can initiate, can intro extrinsic E

A/C
Corp
Termination
scope: death/substantially bodily harm

P/P
only civil

Spousal: any kind of proceedings, not just criminal
prior inconsistent statements: even not made under oath in a prior proceeding
prior consistent statement: must be made before the inconsistent statement
prior identification: made when memory is fresh, confirmed the condition in court
Vicarious Admission: no rule, use respondeat superior

Studying till last minute!

noreply@blogger.com (Cutie) — Mon, 23 Jul 2007 18:52:00 +0000

Folks! I know some of you are brilliant!

But most of you, just like me, are insecure about what's going on tomorrow.
Lawyers, never promising results, always promise best efforts and being a confident one. So Let's keep working on it till the last minute. We will prepare till the last minute cause this is our attitude, especially toward the career we picked up. This will always be the way we handle our cases.

All right! Time to get a cheese burger and garlic fries. I love you all, very much. Let's hug!

almost there: to do list

noreply@blogger.com (Cutie) — Sun, 22 Jul 2007 22:16:00 +0000

be calm
be cool
be confident

study,enjoy, study, enjoy
1. CA Evidence Charts by Barbri & Go through Barbri Evidence essay outline ( 4 hour)
2. PT in class note ( 2 hour)
3. Go through crime elements (2 hour)
4. A/P inclass note ( 1 hour)
5. Civil Pro major topics and essays ( 3 hours)
6. Criminal Pro: flow charts/DJ/death penalty ( 3 hours)
7. Packing, go to Oakland

Con Law ( finished)

K/Sales/Remedies(finished)

T/Remedies(finished)

Real Property/Remedies(finished)

Evidence ( CA)

Criminal Law/ Pro

Professional Responsibility(finished)

CP/Wills/Trusts (finished)

civil pro

Corp/A/P

PT in-class note

Very good Criminal Pro Simulated Question

noreply@blogger.com (Cutie) — Sun, 22 Jul 2007 03:43:00 +0000

Good Cop, Baby Cop

simulated RP and Torts exam

noreply@blogger.com (Cutie) — Sun, 22 Jul 2007 03:36:00 +0000

The Landlord

to do list

noreply@blogger.com (Cutie) — Sat, 21 Jul 2007 16:58:00 +0000

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

noreply@blogger.com (Cutie) — Sat, 21 Jul 2007 04:49:00 +0000

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

noreply@blogger.com (Cutie) — Sat, 21 Jul 2007 01:26:00 +0000

10 subject list:

noreply@blogger.com (Cutie) — Fri, 20 Jul 2007 07:49:00 +0000

con law
CP: essay formats, famous cases, education, creditor
W: interested witness
T: trustee's duty
CA evidence: proposition 8

Con Law
K/Sales/Remedies
T/Remedies
Real Property/Remedies
Evidence
Criminal Law/Criminal Pro
Professional Responsibility
Civil pro
CP/Wills/Trusts
Corp/A/P

kick bar exam's butt

noreply@blogger.com (Cutie) — Fri, 20 Jul 2007 01:46:00 +0000

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

noreply@blogger.com (Cutie) — Fri, 20 Jul 2007 00:16:00 +0000

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

noreply@blogger.com (Cutie) — Fri, 20 Jul 2007 00:14:00 +0000

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)

noreply@blogger.com (Cutie) — Thu, 19 Jul 2007 22:33:00 +0000

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

noreply@blogger.com (Cutie) — Thu, 19 Jul 2007 22:25:00 +0000

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

noreply@blogger.com (Cutie) — Thu, 19 Jul 2007 22:12:00 +0000

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

noreply@blogger.com (Cutie) — Thu, 19 Jul 2007 21:55:00 +0000

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

noreply@blogger.com (Cutie) — Thu, 19 Jul 2007 21:36:00 +0000

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

noreply@blogger.com (Cutie) — Thu, 19 Jul 2007 20:49:00 +0000

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.