Cutie Likes California Bar Exam

Hey!

2007-07-27T00:10:00.000-07:00

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

2007-07-25T22:11:00.000-07:00

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

2007-07-25T19:55:00.000-07:00

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

2007-07-25T18:39:00.000-07:00

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?

2007-07-24T22:30:00.000-07:00

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

2007-07-24T20:31:00.000-07:00

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

2007-07-24T18:55:00.000-07:00

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

2007-07-23T23:45:00.000-07:00

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!

2007-07-23T11:52:00.000-07:00

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

2007-07-22T15:16:00.000-07:00

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

2007-07-21T20:43:00.000-07:00

Good Cop, Baby Cop

simulated RP and Torts exam

2007-07-21T20:36:00.000-07:00

The Landlord

to do list

2007-07-21T09:58:00.001-07:00

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

2007-07-20T21:49:00.000-07:00

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

2007-07-20T18:26:00.001-07:00

10 subject list:

2007-07-20T00:49:00.000-07:00

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

2007-07-19T18:46:00.001-07:00

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

2007-07-19T17:16:00.000-07:00

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

2007-07-19T17:14:00.000-07:00

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)

2007-07-19T15:33:00.001-07:00

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

2007-07-19T15:25:00.000-07:00

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

2007-07-19T15:12:00.000-07:00

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

2007-07-19T14:55:00.000-07:00

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

2007-07-19T14:36:00.000-07:00

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

2007-07-19T13:49:00.000-07:00

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

2007-07-19T10:06:00.000-07:00

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

2007-07-19T09:46:00.000-07:00

Revisit: Contract essay checklist

2007-07-19T09:35:00.001-07:00

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

2007-07-19T09:29:00.000-07:00

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

When I noticed the time

2007-07-19T01:39:00.000-07:00

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

2007-07-18T23:21:00.000-07:00

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

2007-07-18T20:13:00.000-07:00

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

2007-07-18T13:40:00.001-07:00

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

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

2007-07-18T13:12:00.001-07:00

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

2007-07-18T11:46:00.003-07:00

2006 July Essays Memo

2007-07-18T11:46:00.001-07:00

2006 Feb Essays Memo

2007-07-18T11:45:00.007-07:00

2006 Feb Essays Memo

2007-07-18T11:45:00.006-07:00

2006 Feb Essays Memo

2007-07-18T11:45:00.005-07:00

2005 July Essays Memo

2007-07-18T11:45:00.003-07:00

2005 Feb Essays Memo

2007-07-18T11:45:00.001-07:00

Q1

Q2

Q3

Q4

Q5

Q6

Bonjour

2007-07-18T10:22:00.000-07:00

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

2007-07-18T00:45:00.001-07:00

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

2007-07-17T23:10:00.000-07:00

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

Q1 Civil Pro

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

2007-07-17T16:26:00.000-07:00

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

2007-07-17T08:57:00.000-07:00

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

2007-07-17T00:31:00.001-07:00

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

2007-07-16T22:20:00.000-07:00

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

2003 Feb Essays Memo

2007-07-16T21:57:00.000-07:00

Q1 Civil Pro

Q2 Real Property

Q3 Criminal Pro/Criminal Law

Q4 PR

Q5 Con Law

Q6 CP

2003 July Essay Memo

2007-07-16T21:50:00.000-07:00

Q1 Corp/PR

Q2 Remedies

Q3 Evidence

Q4 Torts

Q5 PR

Q6 Wills

2004 July Essays Memo

2007-07-16T17:56:00.000-07:00

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

2007-07-16T17:44:00.000-07:00

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

2007-07-16T15:06:00.000-07:00

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

2007-07-16T15:02:00.001-07:00

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

2007-07-16T14:11:00.000-07:00

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

2007-07-16T11:09:00.002-07:00

@ 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

2007-07-16T00:25:00.000-07:00

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!

2007-07-15T20:53:00.000-07:00

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

2007-07-15T12:00:00.000-07:00

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

2007-07-15T09:11:00.000-07:00

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

2007-07-15T01:51:00.002-07:00

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

2007-07-15T01:38:00.000-07:00

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

2007-07-15T01:22:00.001-07:00

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.
no guarantee/warranty
no "quick cash"
no impersonation without disclosure
no dramatization without disclosure
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)
client in hospital
client suffering mental/physical stress
mailings without labeling"advertising materials"
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

2007-07-15T00:02:00.000-07:00

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

2007-07-14T22:21:00.000-07:00

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.

2007-07-14T20:14:00.000-07:00

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

2007-07-14T16:28:00.000-07:00

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

2007-07-13T22:18:00.000-07:00

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

2007-07-13T18:39:00.000-07:00

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

2007-07-13T14:25:00.000-07:00

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

2007-07-13T12:20:00.000-07:00

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

2007-07-13T11:14:00.000-07:00

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

2007-07-12T23:11:00.000-07:00

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

2007-07-12T22:03:00.000-07:00

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

2007-07-12T19:20:00.000-07:00

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

2007-07-12T13:27:00.000-07:00

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

2007-07-11T20:40:00.000-07:00

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

2007-07-10T23:05:00.000-07:00

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

"Don't Try to Be Cute"

2007-07-10T22:40:00.000-07:00

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

2007-07-10T00:59:00.000-07:00

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

Smile. Don't be a bitch.

2007-07-09T23:49:00.000-07:00

“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

2007-07-09T20:32:00.000-07:00

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

2007-07-08T20:54:00.001-07:00

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

2007-07-08T00:22:00.000-07:00

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.

Who cares?

2007-07-07T21:12:00.001-07:00

Who cares about me?
I am suffering.
Even these two ... they... they don't care about me at all...
they are very cold

A very depressing day...
bad weather
inefficient studying...
diarrhea... a lot a lot a lot a lot a lot

i was too sad that I even forgot that corp. should not be considered as "person" under Privilege and Immunities Clause
everything is just .... WONDERawFUL

2007-07-06T16:11:00.000-07:00

Mix Subject Q200 has the answer...

Miranda Question

I have a question for you people.

The cops drag a guy to the station and make him confess, in violation of his Miranda rights. From the confession, the cops obtain a search warrant. With the warrant they find a murder weapon.

Now, his confession is excluded, b/c of the exclusionary rule. But the gun is *in*, because 1) there is a valid warrant and 2) the fruits doctrine don't apply to evidence obtained from Miranda violations.

Is that right??? Please explain.

PT turn-in

2007-07-05T23:04:00.000-07:00

I failed.

I got passed one item-analysis.

I was totally running out of the time. when I wrote the curfew, I didn't know I can just say " same as point4" "same as point 5" Also, I still don't know whether I should read files first or library first.

As a writer, I need to be more efficient, more organized.

Discipline, Smile, and eyeliner+lip gloss.

Let me see how to make my Bday more miserable:

Mix Subjects Q101-200 9:00-12:00
PT 2:00-5:00
Trusts 6:00-9:00

B day girl

2007-07-05T22:25:00.001-07:00

People of Same Birthday: DaLai Lama and George W. Bush.

Loretta said she and Paul want to have dinner with me.
I told her" I have a class." ( Trusts class)

She screamed " no one has class on Friday night."
Obviously she thought I tried to fraud her.

I don't like this kind of Birthday.
I am just a sensitive, good-hearted, sweet, short, chubby, funny and high tech (even I am a writer, not a typer) cutie. I shall be happy happy with friends and family members, play with pets, and maybe DUI. Yet, everything is "choice." Legal career is my choice and I have to be responsible to it. Duty of Diligent.

Hold my hand... hold my hand... let's pray.... let's hug...

ProRe Q4

2007-07-05T16:08:00.001-07:00

I personally don't believe the lawyer needs to withdraw from the representation. Also, I think Lawyer shall disclose the info to the corp. but, anyway, I shall not have too many opinions. I know clearly they want us to force Lawyer withdraw. Bar people don't like to see other lawyeres making $$$.

Opinion is just like an asshole; everyone has one ( either small or big---> I added this, am I smart?)

RT vs. CT

2007-07-04T23:44:00.001-07:00

If you see an illegal act by Defendant, use constructive trust.
A BFP of chattel from a thief will not acquire title. ---> true owner use replevin
since BFP is not a wrongdoer, don't use constructive trust or equitable lien.
BFP is good guy. Don't use CT/EL to good guy.

Resulting T:
1. Purchase money RT
2. failure of an express T
3. incomplete disposition of res

Constructive T:
when there is a wrongful conduct
Theft
Conversion
Fraud Duress
Undue Influence
Mistake
Breach of Fiduciary Duty
Homicide(wills)

:P

2007-07-04T23:32:00.000-07:00

Van Camp: when chance matters ( SP wins!)

Pereira: when labor matters ( CP wins!)

Van Camp Pereira
Van Camp Pereira
Van Camp Pereira
Van Camp Pereira
Van Camp Pereira
Van Camp Pereira
Van Camp Pereira
Van Camp Pereira
Van Camp Pereira
Van Camp Pereira
Van Camp Pereira
Van Camp Pereira
Van Camp Pereira
Van Camp Pereira
Van Camp Pereira
Van Camp Pereira
Van Camp Pereira

I got a hug.

2007-07-04T22:15:00.000-07:00

I went to Oakland this evening. I went into Marriot then I wanted to sneak into the convention center. In the hall way, there were a lot of friendly people smiling at me. I knew something was going on in the center but I wasn't sure what it is.

So I was about to step into the Center... a smiling woman stopped me
" how are you today, girl?"
" Good!" ( Smile)
"are you looking for God?" ( Cutie got confused ??????)
"(smile)"
"All right! no matter what you are looking for, give me a hug!"
She hugged me without my permission ( battery)
S...q...u...e...e...zz.zz.zz.zz.zz
(god! That was a big strong hug...)

Then I went into the convention center. I heard people were singing and praying loudly... obviously, i was hugged by the messenger of God

Anyway... huggiz.

let me try : real property check list

2007-07-04T01:18:00.000-07:00

My 1 page thing may start from this...but God... i remember nothing... :P I can't spell :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

2. Property owned by multi parties ( crossover: community property)

Joint Tenant
Tenet in common

3. Landlord/Tenant

Landlord's obligations
Tenant's obligations
Assignment/sublet

4. Non-poccccccessssssory ( how to spell???) interest on land

Easement
License
Covenant
Equitable Servitude

5. Land Sale

Land Sale Contract ( S/F): Marketable Title ( crossover:K)(crossover: Remedies)
Deeds ( general warranty deeds): Delivery
BFP: notice( AIR), race, race-notice

6. Mortgage

theory: title/lien
priority: notice, race, race-notice

7. Water Right
8. Nuisance: Public/ Private ( cross over: Torts)
9. Taking( Eminent Domain): 5th Amendment ( cross over: Con Law)

To-Do List : Day of Real Property

2007-07-04T00:30:00.000-07:00

1. Real Property 9:00-12:00 ( Paula note)
2. Korean Food
3. PT (pm3-pm6)
4. Real Property ( Q1-Q4)

lazy night

2007-07-03T23:23:00.001-07:00

went to a friend's house for dinner. he cooked. i was talking talking talking talking... until I found he was not responding at all

then I talked to Julie on the phone. she is in New York. She just took her CFA level 3 exam so we talked to each other quite frequently about exams. She told me her ex has a new young mix chic gf. Julie said: "work hard but don't give your self too much stress." (when she was weeping )" for yourself, not for men."

Then I talked to evil doll. Evil doll's semi-ex was fooling around. Obviously, a CS PHD won't promise you a good man.

Hey! Dear Sis! I learned the reality million years ago. I do love you all. I will pass the bar for you and have a crazy party in Bora Bora with the world top 10 male models ( maybe 9 are gay... but who cares?!)

The Revenge of MBE Subjects

2007-07-03T18:48:00.000-07:00

I only got 65/100. I reviewed it. I missed some very easy questions such as " attempted murder" and many other similar questions. Since my essay is really weak, I shall be more careful about my MBE.

I guess I have ignored the big 6 for too long. It's their revenge, but obviously not a sweet one.

All right. No time to cry. Community Property time. My class note from last night was like shit. Again, Barbri editors, the in-class community property note is very not user-friendly.

Later.

Just finish 100 Q

2007-07-03T15:31:00.000-07:00

I know. I know. I should finish @ 12:00. :P

Anyway. Didn't check yet. I am gonna relax a bit.

High 5.

Duty of Confidentiality vs. Duty of Fair

2007-07-03T01:09:00.000-07:00

I Always Tell the Truth. even when i lie.
-Tony Montana

Just did ProRe Q2. This is a very dramatic bar exam question. Everything is bull shit.

I read the answer. I laughed. Then I am off the computer now.

To-Do List

2007-07-02T23:51:00.000-07:00

Show me a smile, don't be unhappy
I can't remember when I last saw you laughing
If this world makes you crazy and
you've taken all you can bear
You call me up- because you know I'll be there

( Don't call me, you can call freer or conviser)

1. MDR mixed subject 1-100 9am-12pm
2. Review the question. 2:00-5:00
3. Con Law 6:00-7:45&9:30-12:00 ( Con Law essay Q1-Q4)

Yoga 15 min

Smile to 10 strangers...

Civil Pro Turn-In Essay

2007-07-02T23:40:00.001-07:00

I turned it in but I know it will be a fail essay.

1. I don't even finish the FNC
2. I totally didn't control the time well. I have too many things that I want to "show off."
3. Even though I had enough time, I would not be able to do a good job on FNC. Cause I only read the in-class thing.

Here, I have to say. Barbri, please rewrite your in class Civil Procedure outline. As an user, I will give it an F

Also, Sakai shall not tell us Civil Pro is a winter subject. Anyway, I was thinking what if they tested me class action today? .... I don't know I don't know I don't know I don't know I don't know.... dot dot dot dot dot dot

Okie! Thanks for listening to my complaininggg. That is Female Bar Exam Applicant One Time Per Month Privilege ( FBEAOTPMP... write it down in your Evidence outline... it's important... you don't wanna miss this issue)

Cutie is going to have more nasty fun with Con Law. Be good!