I hate the bar exam in My life

  • July 15, 2023, 10:20 p.m.
  • |
  • Public

So what else is new?

It’s our 1-year anniversary but of course I can’t do anything. We’re just going to go out for lunch and eat the wedding cake from the freezer. That is it. I’m making all these sacrifices but the worst part about it is I’m making all these sacrifices for something I don’t even like!

I’m detaching myself from the outcome of the bar exam. I just don’t care anymore. I’ll retake if I fail. Or not. Shrug. I don’t need it for my job anyway and maybe I won’t need it ever? I just want the option? But I can study hard now because it will make restudying and retaking easier later anyway.

I got SO BORED with studying for the bar exam that I started inserting Disney characters into the dry law just to help my memory. It does help but slows down my progress a lot, so I’m probably just wasting my time. But I ended up with paragraphs like these:

CIVIL PROCEDURE
Mickey is a citizen of the State where he’s domiciled. He’s not citizen until he’s fully moved there.
Mickey’s company is a citizen both of the state where it’s incorporated and its principal place of business (e.g. where its headquarter is).
If Mickey joins Minnie as plaintiffs but Minnie has the same citizenship as Goofy, diversity will be destroyed.
Diversity jurisdiction extends to suits between a foreign citizen and a US citizen (Mickey). But not suits between solely foreign citizens.
Mickey may aggregate all of HIS claims against Goofy, to meet the amount in controversy requirement, even if their claims aren’t related.
Mickey and Minnie may aggregate their claims against Goofy, only if they have a joint and common interest in relief.
However, they cannot aggregate their claims against multiple defendants (Goofy and Pluto) unless Goofy and Pluto are jointly liable.

CRIMINAL PROCEDURE
If Officer Judy has probable cause to believe that incriminating evidence is inside Nick’s car, she may seize and search Nick’s car anywhere that evidence could be located, without a warrant. This exception to the warrant requirements applies to RVs and applies only to vehicles in public places (not an RV that is used as a residence).
Another exception permits Officer Judy, after a lawful arrest of Driver Nick, to search the car’s entire passenger compartment and containers within the passenger compartment without a warrant, even if there is no basis to believe any incriminating evidence or weapons would be found there. This is to prevent the driver from lunging into his car to grab weapon or destroy evidence.
But Officer Judy cannot search if Nick is already safely detained, such as handcuffed in the back of a police car.
If Nick has been lawfully taken into custody and Officer Judy needs to tow Nick’s car, before towing, Officer Judy may do an inventory search, as long as she conducts the search pursuant to preexisting policy of the law-enforcement agency, not simply an ad hoc search.
The Plain-view Exception: Officer Judy may seize incriminating evidence warrantlessly if it’s plain view from a lawful vantage point and the incriminating nature is immediately apparent.

FAMILY LAW
Donald and Daisy are married. Gus is the unwed father of Daisy’s child, June, as a result of an affair.
The statute of limitations for Gus’ paternity action is 2 years after June’s birth, because June has a presumptive father, Donald.
If the unwed father, Gus, demonstrates a willingness to take on responsibility of parenthood to June, e.g. establishing a relationship with June, he can have the right to assert his parentage.
States impose a Statute of Limitation because they have an interest in protecting an intact family that outweighs a biological father’s parental rights.
Donald learned that June wasn’t his. He petitions the court to nullify his parternity and eliminate child-support obligation. Because of the presumption of legitimacy and the 2 year statute of limitation, Donald faces an uphill battle.
There is also the doctrine of parentage by estoppel, because Donald acted like June’s parent and induced reliance on that relationship. He is estopped from denying parentage.
Donald’s divorce judgment also bars challenges to parentage.

CONSTITUTIONAL LAW

President Mufasa’s domestic powers include power to:
1) appoint and remove federal officers
2) pardons federal crimes not involving impeachment, and
3) recommend legislation to Congress.


JustSurviveSomehow July 16, 2023

Yikes! The only one I could really follow was the family law one. Criminal law, if I would've read it slower. But civil procedure, not a chance! When is this again?

sadandlonelygirl JustSurviveSomehow ⋅ July 18, 2023

Ah yes I struggled a lot with Civ Pro during law school and am struggling now too! It's definitely not because the concepts are hard! The main difficulty is just that there are just a lot of technical terms that mean nothing to the average person because most people have never gone through a civil lawsuit (and bless us all, because civil lawsuits are exPENsive!). For example, "diversity jurisdiction" really just means "A sues B in federal court instead of state court because there is a lot of money involved and A and B are citizens of different states"!

sadandlonelygirl JustSurviveSomehow ⋅ July 18, 2023 (edited July 18, 2023)

Edited

Anywho, do the attorneys from your law firm ever go to trial? Or I guess most cases just settle with insurance companies and such? :)

Oh and my bar exam will be on 7/25-26! At this point I just want to be done haha. Even if I have to retake in Feb. that's future me's problem lol

You must be logged in to comment. Please sign in or join Prosebox to leave a comment.