2018 February CA Bar Forum

[bacillusanthracis]

Does anyone have any experience with driving to the Pasadena test center from Los Angeles? I live in Santa Monica area, and Google maps says it should take 40 to 80 minutes to get there in the morning.

I'd rather sleep in my own bed even with the commute than get a hotel. Anyone have any advice for me commuting? Including actual time to get there and back/extent of traffic

I know that could be hell for traffic.

Out of the the tens of thousands of cars on the road in SoCal, it only takes one flat tire, one fender bender, etc. to clog the whole thing up.

Get a hotel room. It'll be filled with other people taking the bar exam with the same Dead Man Walking look on their face, meaning that it'll be nice and quiet.

[bacillusanthracis]

Maybe i'm just having a bad brain fart... can someone explain this one?

A homeowner (H) entered into a written K with a house painter (P) to have his house repainted. The K stated in part: "if the H finds the completed job to be satisfactory, he will pay the P $10,000 within one week after the job is completed." Which one of the following is accurate regarding H's contractual obligation to pay P $10,000

1. Payment of $10k by H would be an express condition subsequent to the house painter's duty of performance
2. P's performance under K would be an express condition precedent to H's duty of payment of $10k
3. The performances of H and P were concurrent conditions
4. There is no K, because the condition of H's satisfaction renders the contract illusory

[+] Spoiler

Answer (b)

I picked (d) because to me, the language clearly indicates that H's payment is based upon H finding the job satisfactory, which = illusory... ok b is true as well but... why B over D?

D is the trap answer choice. D is wrong because there is a valid contract. Many contracts have "satisfaction guarantee" phrases.

An illusory contract would be one that says, "if the H finds he wants to pay, he will pay the P $10,000 within one week after the job is completed."

What is the difference between answer choices A and B? I guess a is wrong because it's not an express condition subject to P's performance, its a subsequent condition to P's performance AND H's satisfaction? Is that right?

Think of "precedent" as "before." P has to provide a subjectively satisfactory performance before H has to pay P.

As far as the condition of satisfaction goes here, if such a term is in the contract, then it doesn't matter if a reasonable person would find it satisfactory, all that matter is the subjective perception of the picky motherfucker.

As to the tricky "D" answer, the promise isn't illusory because there's a promise on H's to incur a legal detriment (the $10,000) if the condition is met. I looked hard at that one too though.

[PorscheFanatic]

Maybe i'm just having a bad brain fart... can someone explain this one?

A homeowner (H) entered into a written K with a house painter (P) to have his house repainted. The K stated in part: "if the H finds the completed job to be satisfactory, he will pay the P $10,000 within one week after the job is completed." Which one of the following is accurate regarding H's contractual obligation to pay P $10,000

1. Payment of $10k by H would be an express condition subsequent to the house painter's duty of performance
2. P's performance under K would be an express condition precedent to H's duty of payment of $10k
3. The performances of H and P were concurrent conditions
4. There is no K, because the condition of H's satisfaction renders the contract illusory

[+] Spoiler

Answer (b)

I picked (d) because to me, the language clearly indicates that H's payment is based upon H finding the job satisfactory, which = illusory... ok b is true as well but... why B over D?

D is the trap answer choice. D is wrong because there is a valid contract. Many contracts have "satisfaction guarantee" phrases.

An illusory contract would be one that says, "if the H finds he wants to pay, he will pay the P $10,000 within one week after the job is completed."

What is the difference between answer choices A and B? I guess a is wrong because it's not an express condition subject to P's performance, its a subsequent condition to P's performance AND H's satisfaction? Is that right?

Think of "precedent" as "before." P has to provide a subjectively satisfactory performance before H has to pay P.

As far as the condition of satisfaction goes here, if such a term is in the contract, then it doesn't matter if a reasonable person would find it satisfactory, all that matter is the subjective perception of the picky motherfucker.

As to the tricky "D" answer, the promise isn't illusory because there's a promise on H's to incur a legal detriment (the $10,000) if the condition is met. I looked hard at that one too though.

I think my issue is that to me it says:
Answer choice B: "P has to perform satisfactorily before H has to perform"
Answer choice A: "H has to pay after P performs"

See why those sound the same in my head? I can only figure out that the difference is that Answer A doesn't include anything about "satisfactory" performance, so it's really not an "express" condition, because there's also this satisfaction requirement.

[LawIQ45]

Does anyone have any experience with driving to the Pasadena test center from Los Angeles? I live in Santa Monica area, and Google maps says it should take 40 to 80 minutes to get there in the morning.

I'd rather sleep in my own bed even with the commute than get a hotel. Anyone have any advice for me commuting? Including actual time to get there and back/extent of traffic

I know that could be hell for traffic.

Out of the the tens of thousands of cars on the road in SoCal, it only takes one flat tire, one fender bender, etc. to clog the whole thing up.

Get a hotel room. It'll be filled with other people taking the bar exam with the same Dead Man Walking look on their face, meaning that it'll be nice and quiet.

I completely agree with getting a hotel room. It was the best decision you will make. Trust me, you are not going to have a peaceful night's sleep regardless.

[FinallyPassedTheBar]

Maybe i'm just having a bad brain fart... can someone explain this one?

A homeowner (H) entered into a written K with a house painter (P) to have his house repainted. The K stated in part: "if the H finds the completed job to be satisfactory, he will pay the P $10,000 within one week after the job is completed." Which one of the following is accurate regarding H's contractual obligation to pay P $10,000

1. Payment of $10k by H would be an express condition subsequent to the house painter's duty of performance
2. P's performance under K would be an express condition precedent to H's duty of payment of $10k
3. The performances of H and P were concurrent conditions
4. There is no K, because the condition of H's satisfaction renders the contract illusory

[+] Spoiler

Answer (b)

I picked (d) because to me, the language clearly indicates that H's payment is based upon H finding the job satisfactory, which = illusory... ok b is true as well but... why B over D?

D is the trap answer choice. D is wrong because there is a valid contract. Many contracts have "satisfaction guarantee" phrases.

An illusory contract would be one that says, "if the H finds he wants to pay, he will pay the P $10,000 within one week after the job is completed."

What is the difference between answer choices A and B? I guess a is wrong because it's not an express condition subject to P's performance, its a subsequent condition to P's performance AND H's satisfaction? Is that right?

The way I read it is that P has an option to perform... not have a duty to perform.

So if P performs, and if H finds performance satisfactory, H has a duty to pay. Furthermore, the payment phrase in the question does n't sound like a contractual condition to me. I read "conditions" as: if Y happens (a condition), then X must pay (duty)

Since P has an option to perform, not a duty, and since the payment phrase is not a condition, A is incorrect.

That's just my reading.

[FinallyPassedTheBar]

By the way, this is the approach I used when answering similar question on the real exam:

Upon first reading the answer choices, I simply felt "uncomfortable" with answer choice A. But I could not specifically immediately identify why it is wrong. The only answer choice that I felt most comfortable with was answer choice B. After I "pre-selected" B, I re-read the other answer choices and tried to justify why each one could be correct. I could not justify, so I finalized my choice for answer B.

[Pema]

Condition subsequent is an exit clause relieving a duty (typically phrased negatively). I suspect, if the K stated "If H finds the job unsatisfactory he will not pay...." answer A may have been correct.

[insertusernamehere]

Does anyone have any experience with driving to the Pasadena test center from Los Angeles? I live in Santa Monica area, and Google maps says it should take 40 to 80 minutes to get there in the morning.

I'd rather sleep in my own bed even with the commute than get a hotel. Anyone have any advice for me commuting? Including actual time to get there and back/extent of traffic

I know that could be hell for traffic.

Out of the the tens of thousands of cars on the road in SoCal, it only takes one flat tire, one fender bender, etc. to clog the whole thing up.

Get a hotel room. It'll be filled with other people taking the bar exam with the same Dead Man Walking look on their face, meaning that it'll be nice and quiet.

I completely agree with getting a hotel room. It was the best decision you will make. Trust me, you are not going to have a peaceful night's sleep regardless.

Thanks for the advice!

[chicoalto0649]

Does anyone have any experience with driving to the Pasadena test center from Los Angeles? I live in Santa Monica area, and Google maps says it should take 40 to 80 minutes to get there in the morning.

I'd rather sleep in my own bed even with the commute than get a hotel. Anyone have any advice for me commuting? Including actual time to get there and back/extent of traffic

I know that could be hell for traffic.

Out of the the tens of thousands of cars on the road in SoCal, it only takes one flat tire, one fender bender, etc. to clog the whole thing up.

Get a hotel room. It'll be filled with other people taking the bar exam with the same Dead Man Walking look on their face, meaning that it'll be nice and quiet.

I completely agree with getting a hotel room. It was the best decision you will make. Trust me, you are not going to have a peaceful night's sleep regardless.

Thanks for the advice!

Also seems to be a solid number of nice airbnbs just ask how close it is to the convention center as Pasadena is quite large. I got one 15 minutes away for 200 (it’s nice too I’m picky lol)

[PorscheFanatic]

What’s the parking situation like for Pasadena? I have a hotel 10 min away or so, should I plan to uber or is there enough parking?

[bacillusanthracis]

What’s the parking situation like for Pasadena? I have a hotel 10 min away or so, should I plan to uber or is there enough parking?

Can you walk there from where you'll be staying? I mean, is it a 10 minute drive at say 35 mph?

Unless it's pouring a short walk could be good to get the blood flowing. And you won't have to deal with parking.

Sorry, I get unduly anxious about being late to anything, let alone the bar exam, so I'll stop trying to project that anxiety onto others.

[YuckNotTheBar]

Does anyone know whether there is a place to store bags, phones, etc. at the testing sites? I will be in Oakland.

In addition to phone/wallet, wondering if I can bring notes, outlines to the site and retrieve them during lunch to skim through, or if there is no way to do that.

[bacillusanthracis]

Does anyone know whether there is a place to store bags, phones, etc. at the testing sites? I will be in Oakland.

In addition to phone/wallet, wondering if I can bring notes, outlines to the site and retrieve them during lunch to skim through, or if there is no way to do that.

I know that in Ontario you can bring any of that as long as you leave it outside the testing room. I'd suspect it's the same for any test site. Or, you could sit in your car during that time. But whatever, the case, you can bring that stuff with you. I hear in Pasadena though, that they have note-sniffing dogs that attack people who bring outlines and notes.

[onlyoncemore]

thanks for answering my question everyone! And especially FinallyPassedTheBar for that example - it always helps to have "if they did this then it would be/wouldn't be the answer" thing for me. Thanks a ton.

and rant; hidden to minimize annoyance.

[+] Spoiler

holy crap guys. i don't know if it's the weather today (south bay) but i just can't focus... I just want to be at home with my dog and watch some fucking black mirror instead of being at the freakking library for the nth day in a row. .... the upside is there's only a month left to pull my shit together. but the downside is, THERE'S ONLY A MONTH LEFT FUCK.MY.LIFE. aaaagh.

[rationaljd]

thanks for answering my question everyone! And especially FinallyPassedTheBar for that example - it always helps to have "if they did this then it would be/wouldn't be the answer" thing for me. Thanks a ton.

and rant; hidden to minimize annoyance.

[+] Spoiler

holy crap guys. i don't know if it's the weather today (south bay) but i just can't focus... I just want to be at home with my dog and watch some fucking black mirror instead of being at the freakking library for the nth day in a row. .... the upside is there's only a month left to pull my shit together. but the downside is, THERE'S ONLY A MONTH LEFT FUCK.MY.LIFE. aaaagh.

/also rant/ I am depressingly optimistic to think that I still have time to catch up on my schedule that I massively fell behind a few weeks ago coz well, there is a month left, you know? But then I think I am positively delusional to think there can be any kind of "catching up" moving forward since well, THERE IS ONLY ONE MOTHERFUCKING MONTH LEFT!

[supa_mitsu]

thanks for answering my question everyone! And especially FinallyPassedTheBar for that example - it always helps to have "if they did this then it would be/wouldn't be the answer" thing for me. Thanks a ton.

Agree. Also, I wish Adaptibar had examples like that. Instead, more often than not, their explanations are "B is wrong because [A is right]" or "B is right because [repeats answer B]". Not helpful at all and it takes a long time to figure out what that all means. I love Adaptibar and I can confirm that it does work but it definitely has room for improvement.

[bacillusanthracis]

thanks for answering my question everyone! And especially FinallyPassedTheBar for that example - it always helps to have "if they did this then it would be/wouldn't be the answer" thing for me. Thanks a ton.

and rant; hidden to minimize annoyance.

[+] Spoiler

holy crap guys. i don't know if it's the weather today (south bay) but i just can't focus... I just want to be at home with my dog and watch some fucking black mirror instead of being at the freakking library for the nth day in a row. .... the upside is there's only a month left to pull my shit together. but the downside is, THERE'S ONLY A MONTH LEFT FUCK.MY.LIFE. aaaagh.

/also rant/ I am depressingly optimistic to think that I still have time to catch up on my schedule that I massively fell behind a few weeks ago coz well, there is a month left, you know? But then I think I am positively delusional to think there can be any kind of "catching up" moving forward since well, THERE IS ONLY ONE MOTHERFUCKING MONTH LEFT!

If you're that behind, then may I suggest hitting the hell out of the MBE subjects, the PT, and PR?

The MBE is 50%. There are going to be at least two essays on MBE subjects. Then there's going to PR in some form, which'll count for at least half an essay's points. Throw in the PT and you're looking at ~83% of the exam. Even more if there's a third MBE subject essay. Consider too that they're not going to test negligence.

This week, I don't give a damn what the Barbri schedule says. It's all about consolidation of MBE subjects and PTs. I'm not going to bother with Community Property either.

[justanotheruser]

How much care/attention are you guys going to give to citations for the PT? Does it matter?

I feel it would be a big time saver to cite something like "insert quote here." (Library, p. instead of trying to do even a half-assed bluebook-style citation.

[maxmartin]

How much care/attention are you guys going to give to citations for the PT? Does it matter?

I feel it would be a big time saver to cite something like "insert quote here." (Library, p. instead of trying to do even a half-assed bluebook-style citation.

Zero, but there are only two or three cases in the new PT. It is not that difficult to do a proper citation.

[FinallyPassedTheBar]

How much care/attention are you guys going to give to citations for the PT? Does it matter?

I feel it would be a big time saver to cite something like "insert quote here." (Library, p. instead of trying to do even a half-assed bluebook-style citation.

You're not expected to do any bluebook type citations. It is sufficient to simply write "The court in plaintiff v. defendant ruled that..." or something similar.

[Feb2018Taker]

Hi guys,

Would really appreciate some help/feedback here. To make a long story as short as I can, I was signed up for Lisa Duncanson aka Bar Exam Guru aka Bar None Review's free informational session which was supposed to take place in November 2017. She came across some difficulties and it got cancelled, however she offered to review your bar exam score sheet, free of charge, on a first come first serve basis. She required that you NOT block out your name/address and send a photo of the entire score sheet.

I emailed her right away, received an immediate response and was selected for review, and it has now been two months and she does not answer a single call or email. I finally got her attention by filling out a contact form on her website and explained my situation to her along with my concern of her having my personal information. (This is after searching for a working number because her number had been disconnected + reading a few bad reviews on Rip Off Report...concerning me even more).

She got extremely angry at me for being concerned and was very rude in her email back (pretty long to post here). I respectfully responded and told her I don't want any of her services, but would only like her to confirm that she has deleted/destroyed any and all of my personal information. This was Jan 11. She has still yet to respond, even to my 3 follow up emails since then. I have also called her office everyday since then...no answer to my calls or voicemails.

I looked her up on CalBar...not a Cal attorney.

What is my best bet in making sure she deletes my info? Any recommendations are highly appreciated!!

[a male human]

First thing I thought was to hold HER information hostage... I blame my blackened (not charred) heart.

I think other than legal recourse (which seems like overkill), it's probably best to let it go. You have other things to worry about, like passing the bar.

In the event that she somehow sells your information to spammers or something, our information is already out there... It won't be any different from the junk mail you get in your mailbox. Your address is not permanent, so if anything ever happens with your info, it'll only last until you move (hopefully).

I am curious about her long email, though! I was considering guest posting for her, but maybe I shouldn't after this...

[supa_mitsu]

I was wondering if MBE questions are mostly the same from administration to administration. Does any of you remember running into questions previously encountered on exam day? I know that the MBE people are really secretive about their info, so I was just wondering if this would be a reason why.

[maxmartin]

Hi guys,

Would really appreciate some help/feedback here. To make a long story as short as I can, I was signed up for Lisa Duncanson aka Bar Exam Guru aka Bar None Review's free informational session which was supposed to take place in November 2017. She came across some difficulties and it got cancelled, however she offered to review your bar exam score sheet, free of charge, on a first come first serve basis. She required that you NOT block out your name/address and send a photo of the entire score sheet.

I emailed her right away, received an immediate response and was selected for review, and it has now been two months and she does not answer a single call or email. I finally got her attention by filling out a contact form on her website and explained my situation to her along with my concern of her having my personal information. (This is after searching for a working number because her number had been disconnected + reading a few bad reviews on Rip Off Report...concerning me even more).

She got extremely angry at me for being concerned and was very rude in her email back (pretty long to post here). I respectfully responded and told her I don't want any of her services, but would only like her to confirm that she has deleted/destroyed any and all of my personal information. This was Jan 11. She has still yet to respond, even to my 3 follow up emails since then. I have also called her office everyday since then...no answer to my calls or voicemails.

I looked her up on CalBar...not a Cal attorney.

What is my best bet in making sure she deletes my info? Any recommendations are highly appreciated!!

None, go sign up a credit/identity monitoring service.

[maxmartin]

I was wondering if MBE questions are mostly the same from administration to administration. Does any of you remember running into questions previously encountered on exam day? I know that the MBE people are really secretive about their info, so I was just wondering if this would be a reason why.

They are totally different.