Archive for July, 2014

The July 2014 Bar Exam: Discussing the Florida Bar Exam

Posted in Uncategorized on July 31, 2014 by barprofs

Please look at our seminars, MBE programs and Bar Exam Tutors at http://www.barprofessors.com.

Bar Professors will be conducting Florida essays seminars and MBE seminars in October, November and January. Look for more information on this site.

Bar Professors was once again able to correctly predict the 3 Florida essays: Contracts/Commercial Paper; Contracts/Torts, Trusts, and of course, Ethics. We expect a 100% bar pass rate from our students for July 2014. The Florida bar exam results will be released on September 22, 2014.

For discussion purposes, let’s talk about the essays.

Contracts/Commercial Paper/Ethics:

Manufacturer has new top of the line golf drivers the T1 Bomb. Retailer learns of the new clubs at a golf show and the $200 wholesale price. Retailer sends a signed purchase order to Manufacturer to ship 1000 T1 bombs, $200 each, with a 2% discount if paid within 10 days or total net amount due in 30 days. Manufacturer ships 500 drivers with its own signed order form that said, 500 drivers, $200 each, the other 500 will be shipped upon full payment of $200,000 if payment is received within 3 days of receipt of the 500 clubs. 5 days after Retailer received the 500 clubs, Retailer sends a note payable on demand to the order of Manufacturer in the amount of $196,000 (minus the 2% discount). Upon receipt Manufacturer indorsed it over to Supplier.

After the 500 clubs arrived to Retailer, Manufacturer, knowing that the market price has doubled, calls Retailer and says Retailer shorted him $4000 and he will not ship the other 500 clubs and that the current price is now $400. Retailer Owner calls Manufacturer from another trade show and said, I paid in full, send me the clubs or return the note. Manufacturer says, too late, I’ve paid Supplier. Competitor hears Retail Owner tell Manufacturer that he had no right to give the note to Supplier. Competitor, wanting to cause trouble, then purchases the note from Supplier for $190,000. Competitor presents the note to Retailer and demands immediate payment of $196,000.

Retail Owner contacts Larry Legal in Tampa who works in a very large national law firm. He knows Larry is a golf fanatic and to save on legal fees, Retail Owner verbally offers him 10% of the clubs he may ultimately recover from Manufacturer. Larry immediately takes the representation and begins work. Manufacturer is also a client of Firm and one of the partners in another office of Firm serves as Manufacturer’s general counsel.

Discuss Retailer’s legal rights with respect to Manufacturer, Supplier and Competitor and damages. Also discuss ethical issues that arise for Larry and Firm.

Contracts/Torts/Ethics

Seller owns a piano store, and placed an ad to sell a baby grand piano claiming that it is a 6 month young Topnotch baby grand piano for $60,000. Buyer, a successful businessman, wants to learn how to play a musical instrument and knows a Topnotch sells for $75,000. He responded immediately as he thought it was a great bargain. The bill of sale, signed by both parties, says “Baby grand piano, as is, $60,000.” The bill of sale did not specify the brand of piano.

The Buyer had the piano tuned. Although the piano had the Topnotch name and logo embossed on it, it was really an Offbrand piano. After purchasing the Offbrand piano for $6000, the Seller had changed the nameplate and logo on it. Attorney, who was Seller’s personal friend, had been with Seller when he bought the Offbrand piano but did not participate in the resale of it to Buyer. Buyer now plans to sue Seller. Prepare a memo discussing the civil claims that Buyer may bring against Seller, Seller’s defenses, possible remedies and which party should prevail. Include in your response a discussion of the ethical issues involved in whether Attorney should represent Seller in the civil suit brought by Buyer. Do not include any issues of criminal law.

Trusts:

Stan Settlor was a resident of Orlando for the last 10 years. He volunteered at a homeless shelter in Orlando called New Beginnings. Last year, Stan used his new smart phone to make a video recording, identifying himself and the date. He stated he was making a 5 million dollar trust for the benefit of New Beginnings. He appointed his friend, Tom Trustee, as the trustee. Tom was instructed to make $500 monthly payments to New Beginnings, and to have absolute discretion to pay whatever and whenever he thought. Tom was to keep the money in the savings account Settlor would create. Settlor gave Trustee $10,000 per month in compensation. Also, Trustee was to have no liability for anything, no matter how bad. New Beginnings cannot contest the trust nor sue the Trustee for any acts committed as trustee. If it did contest, the trust shall terminate and Tom would return the balance of any remaining trust assets to Settlor or to Settlor’s son. The Trust was irrevocable.

Immediately after making the recording, Stan went to Bank and made the $5 million deposit into a savings account. Tom received full access to the account. 2 weeks later, Stan emailed the video recording to Dan, the director of New Beginnings and to Tom. Tom accepted the appointment and the video recording was never reduced to writing.

Stan died and was survived by his son. Tom has not made one payment to New Beginnings since the creation of the trust, but has not missed a payment to himself. Dan tried to contact Tom numerous times about the trust, but Tom refused contact. Dan has since closed New Beginnings and retired to Iowa. The Florida Attorney General has learned of what occurred and would like to do something. Tom seeks your advice as his counsel. Prepare a memo that discusses whether Stan created a valid trust, and whether the trust provisions are valid. Discuss what duties, if any, Tom has breached as trustee. In addition, evaluate whether the Attorney General has any legal basis to intervene and the likely outcomes if someone files suit.

Which question was the easiest or the hardest? Do you think you got all the issues?

The multiple choice questions were civil and criminal procedure, evidence and business entities.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

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The July 2014 Bar Exam: Good Luck to Those Who Are Still Taking the Bar Exam

Posted in Uncategorized on July 31, 2014 by barprofs

Please look at our essay writing, MBE programs and Bar Exam Tutors at http://www.barprofessors.com.

There are a few states that are sitting for their state essays today. Students from Massachusetts, New Jersey, Nevada and, of course, California are working on their bar exams today. Good luck on your final day of the exam.

You can do this – you can pass the bar exam.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

The July 2014 Bar Exam: Today is the MBE

Posted in Uncategorized on July 30, 2014 by barprofs

Please look at our essay writing, MBE programs and Bar Exam Tutors at http://www.barprofessors.com.

Today is the MBE for everyone taking the bar, no matter where you are taking the bar exam (except for Louisiana and Washington). Relax and be confident. Pace yourself. Remember, 1.6 minutes a question. Keep your time. You must answer every question. You have studied hard for this day and you will perform to the best of your ability. Good luck to everyone. Keep believing in yourself.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

The July 2014 Bar Exam: Florida Essay Subjects Tested

Posted in Uncategorized on July 29, 2014 by barprofs

Please look at our essay writing, MBE programs and Bar Exam Tutors at http://www.barprofessors.com.

We had a new tested subject on the Florida bar exam: Commercial Paper

These are the areas tested on the Florida bar exam for July 2014:

Contracts, Commercial Paper, Torts, Ethics and Trusts

The second question on the Florida bar exam was a classic cross over concept blending question of contracts and torts.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

The July 2014 Bar Exam: Today Is the Bar Exam and You Will Begin the Rest of Your Life

Posted in Uncategorized on July 29, 2014 by barprofs

Please look at our essay writing, MBE programs and Bar Exam Tutors at http://www.barprofessors.com.

Today is the bar exam. Relax, be confident and do your thing. You have studied hard for this day and you will perform to the best of your ability. Tonight, go back to your home or to your hotel and rest. Don’t do anymore studying for the MBE. Eat, watch a little television and then go to sleep. You will be so tired, you will be asleep before your head hits your pillow. But it will be a well earned rest. Good luck to everyone. Keep believing in yourself. This is the first day of your life as an attorney.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

The July 2014 Bar Exam: 1 day to the Bar Exam: Relax and Be Confident

Posted in Uncategorized on July 28, 2014 by barprofs

Please look at our essay writing, MBE programs and Bar Exam Tutors at http://www.barprofessors.com.

You are almost to the finish line. Get ready today by relaxing and being confident in your abilities. You have been preparing for your chance to be a lawyer for 3 years or more. You can do this. Go to your hotel room or stay home and try to have a quiet, restful day. No upsets and no panic attacks are allowed. Review your essay notes today, get to bed early and relax. Even if you can’t sleep, lie down with the lights off and get some rest. Your body will thank you tomorrow during the bar exam.

Wake up early on Tuesday, get to the exam site in plenty of time to get registered and kick the stuffings out of this bar. Make sure you have a positive attitude and be confident in your abilities. Do well, my friends. You can do this.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

The July 2014 Bar Exam: 2 days to the Bar Exam: The Monday Before the Bar Exam

Posted in Uncategorized on July 27, 2014 by barprofs

Please look at our essay writing, MBE programs and Bar Exam Tutors at http://www.barprofessors.com.

It is now 2 days to the bar exam. Let’s talk about what you should do the day before the exam.

Take Monday off so you can rest and be alert during the exam. Keep the final day low key and try not to think about the exam. If you are staying at a hotel, get to your hotel early, check in and relax. Keep your anxiety under control and you’ll be fine. Work on being calm and collected.

The Night Before the Exam

Eat small meals on Monday – you want to eat something that gives you some strength but nothing that you know can make you feel sick. You know your own body, so play it smart. Avoid anything that makes you feel queasy. Don’t drink alcohol, even if you think it will calm your nerves – you do not want to be foggy Tuesday morning.

The night before the exam is the one time you may want to read a little material or study because you probably will have trouble sleeping on Monday night. Try reading a bar outline. If you can’t fall asleep, just lie there. Don’t try to do extra studying, just rest. If you can’t fall asleep, don’t get out of bed, do not pace, do not watch television, do not text, do not play on the internet, do not go on facebook, do not exercise. You do not want to do anything that will keep your mind active. You want to keep your mind at rest, even if your body can’t rest.

The Day of the Exam

Don’t try to study when you get up. You’ll be too nervous and your retention level will be minimal. It’s best to work on your nerves as you get dressed. Tell yourself that you know the materials and you will do well. Keep that positive attitude. Do not approach the morning of the bar like you are going to your personal execution. You are well prepared and you must believe that you will do well.

Eat a small breakfast the morning of the bar exam so you have enough fuel to keep going. Do not drink too much that it causes frequent restroom visits.

Leave your cellphone at the hotel or in the car. Do not bring it into the site. You will be kicked out of the bar if your phone rings.

Also important is your lunch. Avoid heavy foods that will make you sleepy. Again, limit your drink intake to avoid frequent restroom breaks.

During Your Breaks

Do not talk to anyone about the exam during your breaks. Inevitably someone will want to talk about the bar and inevitably that person put down something different from what you did. Do not second guess yourself by rehashing the exam. Move forward at all times.

Make sure you have a positive outlook. Be confident. You’ve done hundreds of practice questions by now. You can do this. You will pass. Good luck to all.

Contact us at barprofessors.com for more information.

Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!