Massachusetts Bar - February 2017 Forum

[gboston87]

Hey All,

I just wanted to start a Massachusetts Bar Exam thread for all those who took it in February 2017. I'm still having nightmares every night lol.

How is everyone feeling about the essays??

[girrlzilla]

Dude. Same boat.

An entire essay on character evidence...in a civil case. I'm licensed in Texas, said I'd never put myself through this again and I'm worried sick that I failed (MA is home to me.) I did the best I could on the essays, no idea how I did

[davidtothej05]

I sat in Mass in day 2 after sitting in Maine on Tuesday and Wednesday. I felt like the test was a pretty straightforward exercise in finger aerobics. On some of those questions it felt like there was no way to adequately address each issue with the time allotted.

Oh well.

[gboston87]

How about the commercial paper issue? Did everyone get that the perfection was automatic because it is a consumer good? I completely forgot about the automatic perfection and wrote the women gets priority because she is a Non-Ordinary Course Buyer over a Attached Non-Perfected Creditor.

[girrlzilla]

Guys as someone who's taken the bar before, I'm telling you it's dangerous territory to get into who saw what issue. We all saw issues, we all missed issues. I definitely missed some stuff and made mistakes. Don't torture yourselves because I have BEEN THERE and it made for a miserable few months waiting for results. And I passed! We'll all be fine, let's be positive

[girrlzilla]

How about the commercial paper issue? Did everyone get that the perfection was automatic because it is a consumer good? I completely forgot about the automatic perfection and wrote the women gets priority because she is a Non-Ordinary Course Buyer over a Attached Non-Perfected Creditor.

Listen, what I've learned is that even if you only get half an issue, it's not going to kill you. And you're correct the woman did have priority like you said. Trust me, you did fine!

[JDNE]

On some of those questions it felt like there was no way to adequately address each issue with the time allotted.

Oh well.

I agree! So much to say, so little time. It was my first time, and now I'm just waiting. I hear they just send the results via email now, not via U.S. Mail. So now I'm worried that the little "preview" in my email is going to hit me like a ton of bricks some day when I least expect it. Do we know when the result are coming out? I have heard everything from "late April" to "late May."

The only thing keeping me calm right now is picturing the graders right now! Hah! For weeks and weeks we were buried in test prep materials, and now the poor graders are buried in our answers.

Stay strong y'all. We got this. Probably.

[justaguest]

I took July 2016 in MA and we got the results on October 14.

The results are sent via email. I never received anything via snail mail until I signed up for an admission ceremony. I think we got an email about a week before the results came out indicating they would be sent on 10/14. I definitely knew it was coming on 10/14 so you don't have to worry about a surprise email. It was already in my inbox when I first checked it for the day - sent at 7:58 a.m.

The only thing I could see, when looking at the preview in my inbox, was the subject (Massachusetts Bar Exam Results July 2016), my full name, and the first few lines of my mailing address (the email starts with your name and address) so it's unlikely you will see your results in your inbox. It then says "Dear Applicant for Admission to the Bar" and the first word of the actual body of the email is "Congratulations!" (or not).

Hope that helps. Best of luck - this part sucks! Maybe more than the actual exam sucks.

[JDNE]

I took July 2016 in MA and we got the results on October 14.

The results are sent via email. I never received anything via snail mail until I signed up for an admission ceremony. I think we got an email about a week before the results came out indicating they would be sent on 10/14. I definitely knew it was coming on 10/14 so you don't have to worry about a surprise email. It was already in my inbox when I first checked it for the day - sent at 7:58 a.m.

The only thing I could see, when looking at the preview in my inbox, was the subject (Massachusetts Bar Exam Results July 2016), my full name, and the first few lines of my mailing address (the email starts with your name and address) so it's unlikely you will see your results in your inbox. It then says "Dear Applicant for Admission to the Bar" and the first word of the actual body of the email is "Congratulations!" (or not).

Hope that helps. Best of luck - this part sucks! Maybe more than the actual exam sucks.

Wow, what a thoughtful reply! It's very nice of you to take the time to give us that helpful feedback! I was hoping it would be a letter in the mail that someone else could open, so I got nervous when I heard we'd be nuked with the results in our Inboxes. You're a very kind person to take time to give us this info, and I hope that you're enjoying your life again these days, all happy and settled into a fun job as a lawyer! Thanks, Counselor!

Listen, what I've learned is that even if you only get half an issue, it's not going to kill you. And you're correct the woman did have priority like you said. Trust me, you did fine!

That's great to hear, too. From what I heard, not everyone had the same answer on the Property question. For example, I had the MSPCA taking the entire property, and the guy next to me said he had the son (Skip) owning it 50-50 with the MSPCA. Like everyone has said, it's true that second-guessing ourselves will drive us nuts. At this point it's water under the bridge. I hope we passed, and I wish you the best, GirlZilla and everyone.

[anandamide]

i took VA for two days and sat for MA essays. I did not study for MA (no time), live in VA.

I found MA to be easy, and much more vague compared to VA. However, maybe this is NOT a good feeling to have. Either way, I've decided not to care anymore because I was having chest pains.

[gboston87]

I've went through the exam and typed out what issues I've spotted. Please add issues that I did not get.

Question 1

Zack - Grand Larceny (Embezzlement outside of MA), Conspiracy (w/ Quentin)
Quentin - Solicitation, Conspiracy, Burglary or Robbery (in regards to Susan's checkbook), Forgery, Battery (Against Cops)
Nurse - Battery (or maybe Involuntary Manslaughter)
Susan - First Degree Murder

Question 2

A. Motion Denied because Waiver
B. Motion Allowed because failed to serve within 90 days
C. As to PJ, Motion Denied because PJ waived as she did not argue PJ with her first Motion; As to SMJ, Motion Allowed because no diversity or federal question
D. Motion Denied because could not originally bring action in Providence Federal Court because no SMJ
E. Motion Denied because claims were not meritless (didn't really know the rule).
F. Motion Allowed because the action should be in state court because there is no SMJ.
G. Motion Allowed as long as Beantown Hotel gets leave of court.

Question 3

John's Rights - 93A against Garden Company, Implied Warranty of Merchantability against Garden Company, Products Liability against Mower Company
Garden Company's Rights - Attached Unperfected Creditor
Nancy's Rights - Buyer in Non-Ordinary Course

Question 4

Patricia's Rights - Negligence Against Owen (Slippery Floor), Negligence Against Jim (Sword In Eye), Negligence Against Donna, Betty and Claire (Failing to Rescue Reasonably), Negligence Against Donna (Driving Drunk)
Betty's Rights - Negligence Against Donna (Driving Drunk)
Claire's Rights - Negligence Against Donna (Driving Drunk)
Owen's Rights - Assault Against Jim
*Mention Eggshell Plaintiff Rule

Question 5

Hospital and University Rights - Interest in David's Residuary Property
George's Rights - No Interest in David's Will because Omitted Child Statute does not apply and David specifically excluded George.
Mary's Rights - Mary does not get residuary estate because of undue influence and invalid amendment of trust (never signed, merely prepared).
Bea's Rights - Bea gets Elaine's entire estate.
Ann and Sally's Rights - Ann and Sally get nothing because MA does not recognize holographic Wills.
Paul's Rights - Paul has no right to Elaine's estate because divorce cuts off inheritance.
Lee and Mark's Rights - They split Paul's estate.

Question 6

A. Invalid, does not meet Strict Scrutiny (Equal Prtoection - 14A)
B. Invalid, Contracts Clause
C. Invalid, Dormant Commerce Clause
D. Invalid, does not meet Strict Scrutiny (1st Amend.)
E. Valid, obscene speech is not protected
F. Invalid, Takings Clause
G. Invalid, State may not interfere with Federal Taxing

Question 7

MSPCA Rights - No interest because of RAP
Skips Rights - Owed rent from Vacation Home, Rent from Eduardo
Lucys Rights - Owed rent from Summer Shack, Rent owed from Stella because Lucy owns entire estate
Eduardo Rights - Implied Warranty of Habitability Claim Againt Skip and Lucy, 93A Claim Against Heating Company, Constructive Eviction Claim Against Skip

Question 8

I will get to Question 8 later, but it consisted of breaches of Duty of Loyalty, Duty of Care, Piercing the Corporate Veil, and Misrepresentation.

Question 9

A. Overruled, Medical Record
B. Sustained, Patient Doctor Privilege
C. Sustained, Abe may not offer extrinsic evidence to prove Betsey is lieing
D. Sustained, Pleading the 5th may not be brought up
E. Overruled, Relevant

Question 10

Divorce - Alan can pursue fault divorce (adultery). Alan and Helen may pursue a no-fault divorce (irreconcilable breakdown of marriage).
Postnuptial Agreement - Invalid because it was not fair at the time of execution, not all assets were disclosed, and Alan did not have counsel review it.
Custody of Carl - Alan will retain physical and legal custody of Carl because best interest of child. Helen will retain legal custody.
Visitation of Carl - Helen will have visitation rights as a non-custodial parent because it is the best interest of the child.
Child Support - Alan will get child support because he is the custodial parent and is in need of financial assistance.
Alimony - Alan will get General Alimony because it was a marriage longer than 5 years and he needs financial assistance.
Property Division - All of Alan and Helen's property is subject to equitable division, including Helen's $20 mil trust.
Helen vs. Alan (Battery Claim)

Like I said, these are not the correct answers, they are just the issues I spotted (which I hope is most of them).

[davidtothej05]

Gonna assume that you are right. I purged all of it as soon as I left the Seaport. No idea what was in the questions nor what I wrote in response.

[gboston87]

When do we think they will release scores? 4/14, 4/21??

[davidtothej05]

Mass is pretty consistent with last full week in April. My money is on 4/24.

[Dotson525]

Just received an email from MA Bar Examiners. Results will be sent by close of business on Wednesday April 19, 2017 via email.

[gboston87]

Just received an email from MA Bar Examiners. Results will be sent by close of business on Wednesday April 19, 2017 via email.

Tons of anxiety.

[anandamide]

Just received an email from MA Bar Examiners. Results will be sent by close of business on Wednesday April 19, 2017 via email.

Tons of anxiety.

I got this too. I also got one from VA. Waiting on the results of not one but TWO, is literally giving me chest pains. I didn't even get a chance to study for MA, because VA completely consumed me.

[davidtothej05]

Just received an email from MA Bar Examiners. Results will be sent by close of business on Wednesday April 19, 2017 via email.

Tons of anxiety.

I got this too. I also got one from VA. Waiting on the results of not one but TWO, is literally giving me chest pains. I didn't even get a chance to study for MA, because VA completely consumed me.

Same boat - waiting on Maine as well. Didn't study for Mass until the train ride down Wednesday night.

[JDNE]

I've went through the exam and typed out what issues I've spotted. Please add issues that I did not get.
Question 7
MSPCA Rights - No interest because of RAP
Skips Rights - Owed rent from Vacation Home, Rent from Eduardo
Lucys Rights - Owed rent from Summer Shack, Rent owed from Stella because Lucy owns entire estate
Eduardo Rights - Implied Warranty of Habitability Claim Againt Skip and Lucy, 93A Claim Against Heating Company, Constructive Eviction Claim Against Skip
Question 8
Like I said, these are not the correct answers, they are just the issues I spotted (which I hope is most of them).

I guess we'll see on the 19th. I sat in a row full of people who were unusually friendly and chatty. As we broke for lunch and then, again, after the afternoon session, they all wanted to talk about the questions and compare answers. Most of the essays are a blur to me, weeks later, but the Property question sticks in my head. Most of us said that the MSPCA shared title to the property with Skip, the son. One person in our row concluded that the MSPCA took title to the entire property. Maybe all of us in our row got it wrong, but none of us thought that the Rule Against Perpetuities applied.

We all stated that the grantor (Beatrice, I think her name was) conveyed a fee simple on condition subsequent to each of her two kids (son and daughter), and she conveyed a shifting executory interest in the MSPCA. She created a joint tenancy with right of survivorship in her son and daughter because the instrument conveying the interests explicitly stated so. In Massachusetts a joint tenancy with right of survivorship must be explicitly stated in the instrument (which it was here). The condition subsequent that would automatically transfer the son's and daughter's interest to the MSPCA was the occurrence of criminal activity on the property. The daughter's kid lived on the property and was arrested for drugs, if I remember correctly. The daughter's interest shifted to the MSPCA upon the occurrence of cocaine being dealt on the property by the daughter's child (the deceased grantor's grandchild).

This then severed the joint tenancy with right of survivorship to a tenancy in common between the Beatrice's son (Skip) and the MSPCA. The son (Skip) was a crummy landlord who failed to maintain the premises in a habitable condition. Even though the tenant reported the bad conditions, Skip refused to correct them. This was a willful violation of the Massachusetts Sanitary Code (105 C.M.R. 410.00). In Massachusetts it is a criminal act for a landlord to willfully allow violations of the state Sanitary Code (see http://www.masslegalhelp.org/housing/pr ... -complaint). If the landlord has not made the necessary repairs within the time period designated by a local health inspector, the Board of Health can file a criminal complaint. Tenants can also file a criminal complaint against a landlord who is in violation of the State Sanitary Code. Because Skip ignored the unsafe conditions, he was in willful violation of the Sanitary Code. This constituted criminal activity on the property, which means that Skip, too, lost his interest in his mother's property because the condition subsequent occurred. Consequently, said one person in our row, the MSPCA took the entire property.

I guess this is why it's best to not even THINK about our essay answers after we take the Bar. God knows I've been wracking my brain, second-guessing myself, and worrying that I left out things that I thought of later. But hey, in 36 minutes we can do only so much. I hope all of us who suffered through that difficult day will get good news on April 19th. . . .

[gboston87]

I've went through the exam and typed out what issues I've spotted. Please add issues that I did not get.
Question 7
MSPCA Rights - No interest because of RAP
Skips Rights - Owed rent from Vacation Home, Rent from Eduardo
Lucys Rights - Owed rent from Summer Shack, Rent owed from Stella because Lucy owns entire estate
Eduardo Rights - Implied Warranty of Habitability Claim Againt Skip and Lucy, 93A Claim Against Heating Company, Constructive Eviction Claim Against Skip
Question 8
Like I said, these are not the correct answers, they are just the issues I spotted (which I hope is most of them).

I guess we'll see on the 19th. I sat in a row full of people who were unusually friendly and chatty. As we broke for lunch and then, again, after the afternoon session, they all wanted to talk about the questions and compare answers. Most of the essays are a blur to me, weeks later, but the Property question sticks in my head. Most of us said that the MSPCA shared title to the property with Skip, the son. One person in our row concluded that the MSPCA took title to the entire property. Maybe all of us in our row got it wrong, but none of us thought that the Rule Against Perpetuities applied.

I think I dropped the ball with MSPCA's interest. Hopefully it doesn't hurt me too much.

[JDNE]

I think I dropped the ball with MSPCA's interest. Hopefully it doesn't hurt me too much.

No worries, gboston87! Based on what you wrote above about the Commercial Paper essay answer, I'm sure you did fine on that, compared to everyone in my row, lol. I'm sure that nobody gets every issue in every topic. The main thing we should be glad about is that we survived the thing. I'm keeping us all in my thoughts and I hope we set a record this February for a 100% pass rate! Stay strong.

[gboston87]

Tomorrow!

[davidtothej05]

Yup. Any idea on what time they will come out? Maine results posted around 2:00 PM last Thursday.

[gboston87]

Yup. Any idea on what time they will come out? Maine results posted around 2:00 PM last Thursday.

I got my July results around 8:45 AM, but anytime could be possible.

[anandamide]

Yup. Any idea on what time they will come out? Maine results posted around 2:00 PM last Thursday.

I got my July results around 8:45 AM, but anytime could be possible.

GOOD LUCK!!!!!! I hope we all pass.