TOP SPOT!
- CRIMINAL PROCEDURE 1000000% not on july exam- sure on feb 2010!
- RP DIDN’T COME UP! SO MUST BE OUT THISE YEAR!!! Could be adverse possession (bs the law just change—they will test it, already 1 year!!!! Concurrent tenancy, TE/TC/JT. will be accompany by family law.
my prediction:
corporation meeting/voting changes etc.
- negotiable instrument already out, just memorise mneumonics & scheme through essays
- UCC installment K/perfect tender out. still beware of battle of forms
- have a look over as many NYAA cases as you can, certain situation might be in esasay and you will be familiar.
*DO AN ESSAY MODEL ANSWER COVERING EACH BIG SUBJECT. focus RP & Tort & Criminal Procedure for now then Civil & Sales. don't aim for pass, aim to score!
Essay 2009 summer
1. agency & contract- perfect tender
Q: Agent got exclusive right to sell this goods- he went into K with a buyer to sell for 10% (suppose to be 13%).
- Agent has the authority to do that & buyer K is bound
- A gent is liable to 1)principal for 3% bs exceed the authority 2) buyer if the corporation won’t sell itàagent liable for the K. Corporation must sell cuz agent got implied authority
Q: instalment K & perfect tender rule, UCC
- should be 95%, but only got 90% choline. 90% is acceptable market goods. (REMEMBER ICOP- instalment K no need perfect tender) very difficult to breach whole K or impossible to repudiate base on one single instalment.
Here no breach, as seller want & can cure
Q: POP!! NY= even past consideration of giving a bonus raise is given in writing- liable. (not MBE)
2. Criminal Law
Q: larceny for writing a false cheque bs got threaten ? FLEET
- here is a “future threat” I will break your leg in 3 days.
NY only got common law larceny & embezzlementà can use claim of right. But here got possible force or violence= no claim of right. Here also not a robbery.
- was the women guilty for writing bad cheque? Actus rea and mens rea. Done both= guilty.
Defences= 1) no sufficient for duress as could still go to police. 2) if made restitution within 10 days by paying bankà no crime!
Q: write on back of napkin: “ I owe X money.” Napkin irrelevant, can write ANYWHERE. Here essay are looking for MUST SOW= these seven element has to be in writing or useless. Here lack “pay to the order of X”. NEGOTIABLE INSTRUMENT
- so it is a mere promise.
3) family law (usually got RP issue, here did not!)
- FLIP DADS- changing custody
- NY divorce need 5 ground. A PAIN
- wife interfere husband visitation right by not allowingà prima facie- BIC (best interest of child)- not fit to be mom, change custody.
- reduce alimony child support
4) Tort
Q: Negligence supervision of a child. Eg. mom fall asleep and child walk away- NY not recognize. MBE recognize negligence supervision of parent. (have a look over this for MBE)
Can also put in SICK to show there is no negligent on part of parent.
NY ignore attraction doctrine, and abolish trespasser/invitee/licencee by Demanding Land owner make the premesis safe for ANYONE entering the land.
Child can sue contractor.
Q: conflict of law
When dealing standard of care…. Where injury occred.. always in the place occur.
Lost allocating rule
Q: Large CD- Comparative N. In NY failure to wear seat belt not comparative N. bifocated trial- one will trial on breach of K on deciding whether there is N + another trial for damages issue. Not wearing a seatbelt not an issue on liability issue BUT on damages issue can be show that IF A SEATBELT has been worn it could avoid injury etc. to reduce damages.
5) H had a drinking problem but executed a will before 2nd marriage & dis-inheritated his son. (no contest clasue- interum clause). Son can contest under TIE.
It was made prior marriage, so will don’t have any provision for wife, wife wants to seek a right of election. Wife can challenge & applicable. TE no right of survivorshipà 50% will go back to land for purpose of right election. BRAG- retirement account.
- revoke trustàTIP. Settler of trust want to terminate
Advice re: the
essays---do not give away the easy points. If its a contract question, say so.
Talk about offer, acceptance and consideration, etc.
I've graded bar exams and lots of people forget to
take the easy points. For example, if the essay is about a mutual mistake
excusing performance of the contract, people go right into mutual mistake,
rather than starting from the beginning re: contract formation.
