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Bar Review
anonymous 2/15/2008 | 9 (1) | 206 | 27 | 1 | English
1 CIVIL PROCEDURE ESSAY Plaintiff v. Defendant 1. Does the court have personal jurisdiction over the defendant and subject matter jurisdiction over the case? (a) If personal jurisdiction needs to be resolved in the answer, then you must also address SMJ, notice requirements, and venue requirements. 2. Is the notice requirement met? 3. Is venue prop ... more>>
anonymous 10/23/2007 | 7 (2) | 302 | 61 | 1 | English
Regulation of Attorneys
Entity that Regulates
The State regulates all aspects of the practice of law; there's no national body of law.
Attys have an ethical obligation (if atty knows/rsnbly should know of an ethical violation, atty has duty to report it)
Regulating who may practicing law in a particular state
State may restrict the practice ... more>>
anonymous 2/15/2008 | 0 (0) | 146 | 11 | 0 | English
anonymous 1/24/2008 | 0 (0) | 932 | 27 | 0 | English
WILLS & ESTATES OUTLINE
Prof. Steven Goode - Summer 1997
This outline is e-mailware! While there is no cost for using the outline, you must drop me a line at dfalgoust@mail.utexas.edu to tell me what you think, if it helped you, etc; it'd also be nice if you dropped by my web page at http://www.geocities.com/NapaValley/3578/ and signed my gues ... more>>
anonymous 10/23/2007 | 1 (1) | 234 | 29 | 0 | English
1. In order to convey fee simple title it is necessary to have words of limitation in the instrument. At common law to have fee simple you need to Y, and his heirs. Fee simple determinable is to Y, and his heirs, as long as blah, blah, blah. Here it simply says to have in fee simple. So fee simple title is not conveyed and it only coveys a con ... more>>
anonymous 10/23/2007 | 0 (0) | 310 | 37 | 0 | English
Rules 405, 405, 608, 609, 801, 803, 804 - These rules make up 2/3rd of the test.
Step 1: Underline the cause of action. Is it a civil case or a criminal case?
Step 2: Situate the proceeding. Are we on direct, cross, or re-direct? Are we looking at a party or a witness? Plaintiff or defense? Label the witnesses DW for defense witness.
St ... more>>
anonymous 10/23/2007 | 0 (0) | 384 | 23 | 0 | English
1. Four elements required for a crime
Actus Reus
Mens Rea
Concurrence of actus rea and mens rea
Causation - defendants criminal acts must be proximate cause
Harm
The criminal act must be conscious or volitional. Sleepwalking is an unconscious state of mind and will not constitute a criminal act. Someone who knowingly drives with seizures ... more>>
anonymous 10/23/2007 | 0 (0) | 249 | 24 | 0 | English
7. Here you have both parties making offers. Cross offers containing identical terms do not accept each other. No contract is formed.
8. This deals with unilateral contracts. Unilateral contract is where the offeror makes an offer and the offer calls for an act, not a promise to perform. A bilateral contract is where you have mutual promis ... more>>
anonymous 10/23/2007 | 0 (0) | 229 | 29 | 0 | English
Intentional Torts
Negligence
Strict Liability
Ultra Hazardous Activity
Products Liability
Wild Animals - Owner/keeper of wild animal will be SL for injuries caused
Defamation
Libel
Slander
Invasion of Right to Privacy
Appropriation - Where the D appropriates the P's name or likeness for commercial advantage
False Light
Public Disclosure ... more>>
anonymous 10/23/2007 | 0 (0) | 108 | 5 | 0 | English
2005
Information
Booklet
Saturday, March 12, 2005
Friday, August 12, 2005
Friday, November 4, 2005
NATIONAL CONFERENCE OF BAR EXAMINERS
Keep This Booklet
for Reference
For the following information, please write to the addresses
shown below, or telephone between 8:30 A.M. and 5:00 P.M.
Central Time, Monday through Friday.
Application an ... more>>
anonymous 10/23/2007 | 0 (0) | 977 | 95 | 0 | English
BARBRI -MPRE REVIEW Feb 27, 2005
I. Two bodies of law
a. 2003 version of Models Rules
b. Model Code of Judicial Conduct
II. Breakdown of questions
a. 80-90% questions on lawyer ethics
b. 10-20% on judge's ethics
A. Who regulates
1. States regulate all aspects of practice of law
2. Attorney's must report serious misconduc ... more>>
anonymous 10/23/2007 | 0 (0) | 398 | 38 | 0 | English
Private Express Trust
= a fiduciary relationship with respect to property whereby one person, the trustee, holds legal title for the benefit of another, the beneficiary, and which arises out of a manifestation of intent to create it for a legal purpose. (memorize)
Elements
(1) Property, (2) Beneficiary, (3) Trustee, (4) Intent, (5) Creation, (6) ... more>>
anonymous 10/23/2007 | 4.5 (2) | 489 | 53 | 0 | English
Intentional Torts
Battery
Harmful or Offensive Contact
Offensive= unpermitted (hypersensitivity is not taken into account)
With ?'s person
(?'s person= anything connected to ?, i.e. hat, briefcase, dog)
Bodily conduct does not need to be immediate (ie poison)
Assault
? is placed in apprehension
apprehension= knowledge or awareness of ... more>>
anonymous 10/23/2007 | 0 (0) | 372 | 51 | 0 | English
Damages
Damages= ? is ordered to pay money to the ?. 3 Types (Compensatory, Nominal, Punitive)
COMPENSATORY
Compensatory damages are based on the injury to the ?. They put the injured party in the position he would have been in had the injury not occurred.
Requirements
(1) Actual Causation: "but for" test
(2) Proximate Causation: injury mus ... more>>
anonymous 10/23/2007 | 7 (1) | 229 | 41 | 0 | English
Property 1 Present Estates . Fee Simple Absolute "to A" o Absolute ownership of potentially infinite duration o Freely devisable, descendible, & alienable o **a living person has no heirs o No accompanying future Interest . Fee Tail "to A and the heirs of his body" o Virtually abolished; attempted creation of fee tail creates Fee Simple Absolute o ... more>>
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