02-27-2008
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Join Date: Oct 2007
Posts: 10
| Re: Tested Subjects for First Day of the New York Bar Exam Feb 2008
reports are coming in: Quote: Corporations/Contracts/Torts(?)
- Contract formation
- Indefiniteness of Contract
- Perfect Tender Rule
- Risk of loss in case of breach
- Negligence (?)
- Duty of Loyalty to Corp. / No Self dealing allowed / Contract with Ann Realty should be approved by unanimous vote of disinterested shareholders
- Parol Evidence Rule
Criminal Law
- Attempt
- Assault
- Self defense
- Consipracy
- Solicitation
- Not sure about the kid's defenses. Infancy?, Duress?
Dom Rel
- Bio father lost paternity because of abandonment
- The other dude got paternity because he held kid out as his own
- Separation Agreement survives divorce. Contract principles apply. The other party can sue to get visitation rights but cannot withhold child support payments
- Court can modify child support payment because of loss of job.
Torts/Prof Resp.
- Statue of limitation. Against Driver for negligence - 3 years. Against Physician for medmal - 2.5 years. Continuous treatment exception applies.
- Garden variety negligence. Duty, breach, cause, damages. It was a close call but i said that the Driver was negligent.
- He is responsible for medmal because it was forseeable. Joint & Several Liability?
- Attorney's contingency fee must be in writing and must be reasonable. After that I fudged. I wrote that under contract principles Attorney can get the 1/3 fee but is subject to discipline by the state. eeek!
Wills
- Need two disinterested witnesses
- The fact that attorney drafted the will and also took under the will raises a presumption of undue influence
- Bequest of specific gift. Adepmtion applies to the Picasso. Didn't know what the hell to do with the Diamond Ring.
- I wrote that the fact the attorney was also a executor smacked of conflict of interest and it was bad mojo. But I am sure this was wrong.
MPT
- FRSA Applies if Lisa was "Reporter" and her blog was "news media."
- Multipart Test for News Media = (1) Other similar media like news paper or magazine, (2)updated regularly, and (3) wide circulation. Use the second case here.
- Test of Reporter = (1)Collecting news and (2) publishing. Use the first case here. I used the inception test here too.
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