Thread: Tested Subjects New York Bar Exam Feb 2008

Those of you who are taking the New York Bar Exam in Feb 2008, can you please share what subjects are tested and let us know if the predictions made by Barbri is any good? Thank you.
Category: NY - New York Bar Exam

reports are coming in:

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.

The Predictions was pretty accurate on this board.. about 95% accuracy!!

A few additional thoughts:

Essay 1
For most buyers, there is generally a duty to hold goods with reasonable care for a sufficient period of time to allow seller to pick up/remove (here, "within the week"). Merchant buyers have a more specific duty - follow instructions, sale on seller's account if perishable etc. I thought storing 2,000 pairs in an unlocked shed fell short of reasonable care.

Essay 2
Potential defense: R & S, both age 15, may qualify as juvenile delinquents subject to the exclusive jurisdiction of Family Court. Generally, 7-16 y.o. = juvenile delinquency proceedings; exceptions include serious felonies ... This may be a stretch (or way off), but I didn't have much else to put down.

Essay 4
One issue affecting liability for noneconomic damages --> whether "serious injury" threshold is met as required by NY's No-Fault Law - Passenger did satisfy requirement.


I'll post more after a day or two of sleep.