kansmith

I am from Bulgaria, and I have a LLM degree in the states and am taking my NY bar this year. I can't really afford a bar prep review course and am study on my own. Should I spend more time on practicing exams or memorizing outlines/rules? Can anyone share your experience with me?

nikita

from someone who has crashed and learned

I am a problem oriented person. Meaning, I study from the problems. Multiple choice and essay questions are what I read and get a feeling of what I need to do.
A main reason why I have not passed this crazy exam is that I spent so much time perfecting and memorizing notes when I could not apply the rules because I was not doing enough problems.
Lectures go over my head if I do not have a ball park of where I am going. But further, I need many problems to illustrate an issue that the lecturer is trying to get across to me.
This is just how I learn and absorb information, but you have to do what is best for you. For me, it is problems!
But if you have no knowledge of the American legal system, then this is why the bar review courses and lectures are key because you have to learn how our judicial system works.
Essentially, the best review course for some people who are problem oriented would be one strictly problem oriented where you have a workbook of all the problems and you go through the workbook explaining how you arise to your answer.
This is basically how Pmbr is set up and I believe this is why it works so well because you are forced to do the questions. But, it would be best if the questions were grouped together on how the same rule can be tested different times. I think this is what the Pmbr tutorial is focused on but do not quote me on this. I am not to sure.
This is something that I have come to from reading a lot of these blogs online about how to study.
But, in addition to doing the problems - I refer to my notes and outlines if I am trying to understand why I did get something wrong.
However, when I see certain facts, I know that certain issues are being test.
Take for instance this problem here:
Regina's cousin, Lisa crashed her motorcycle and suffered a compound fracture of her fibula. Lisa's medical bills were mounting and Lisa had recently been laid off from a computer consulting firm. Regina wanted to help Lisa because of her growing debt related to not working. Regina and Lisa had been very close since childhood due to living in a duplex home next to each other. When Regina graduated business school, she founded an advertising firm that became extremely successful and frequently forwarded potential customers to Lisa. Kayla owed Regina $560 that was due within 24 hours and Regina told Kayla to pay the money to Lisa.
On October 3, Regina telephoned Lisa and told Lisa that she would be receiving a check from Kayla for $560 within 24 hours. The next day, when payment was due, Kayla paid Regina $560 because Kayla felt uncomfortable giving a check for $560 to a person she had never met. Kayla had recently been the victim of credit card fraud and was paranoid about the risk of losing her savings due to fraud or misrepresentation. Regina accepted Kayla's payment and Lisa filed an action against Kayla.
What is the most likely outcome?
(a) Lisa will be successful because a valid assignment occurred on October 3.
(b) Lisa will be successful because consideration is not required to make an assignment valid.
(c) Lisa will not be successful because detrimental reliance does not make an assignment valid.
(d) Lisa will not be successful because a revocable assignment was made.

What is your answer! Think this one through..

Here is the detailed answer below


The correct response is (d). Lisa will not be successful because a revocable assignment was made. An assignment given without consideration is generally revocable.
Selection (a) is not correct because a valid assignment occurred but the assignment was revocable.
Selection (b) is not correct because the assignment was revocable.
Selection (c) is not correct because detrimental reliance may make an assignment irrevocable under certain
circumstances. Here, a gratuitous assignment was made and detrimental reliance is not present.
***
An assignment is a transfer of a right. An intent to assign must be present but there is not a formality requirement for an assignment to be valid. Generally, all rights are assignable with the exceptions of:
1. When an assignment would substantially alter the obligations or risks of the other party to the contract;
2. If assignments are prohibited by contract; or
3. If the right is deemed too personal to be assigned.
Gratuitous assignments are valid against the obligor. Moreover, an assignment becomes irrevocable if the assignee detrimentally relies upon the assignment or once payment for the obligation has been made to the assignee. For more information about assignments, read Cook v. Lum, 26 A. 803 (N.J. 1893), Rest. 2d, Section 332, and Evening News Ass'n v. Peterson, 477 F. Supp. 77 (D.D.C. 1979).
** This question was shared with me from www.mybarprep.com
I never used mybarprep.com but I did use AdaptiBar and I did 1000 questions about 2 years ago. It was helpful but sometimes I felt the answers were a little convoluted. I just needed the answer simply stated. Further, I would like to see right under the question other ways how the rule can be tested. Sometimes I know Pmbr does this is in the test that they give you in the 3 Day course.
Now, I am going to show you how I read and get to the answer in my next blog entry..
Make sure to do at least 15 to 20 problems a day. Some people say 50 problems and some people may say more. But, I found that if you do 20 problems and really understand why you got them wrong, then you have done your job for the day.
Any problem that you get wrong, make sure to make a list of those rules and see why you got those problems wrong. You may either want to make note cards or write the rules out in the context of how you got them wrong so that you will not repeat the mistake. It is a long process but, it will be helpful.

Source: letstalklaw