July 24, 2014

Keep Going

With less than a week until the bar exam, you are tired and just ready for this thing to end. However, you need to stay focused and keep going. You need some motivation, the psychological drive that compels you toward a certain goal. I can tell you to get motivated but this is extrinsic and only somewhat effective. Instead, your motivation must be intrinsic. It must come from within. This means you must attribute your results to factors under your control and believe you have the skill to reach your goal. How in the world are you supposed to this? Make a list of everything you are doing to pass the bar exam and then list the skills it takes to do those things. Now, hang that list up somewhere and look at it every time you have self-doubt. Yes, it sounds corny but trust me, it actually works.
Katherine Silver Kelly

I have no formula for winning the race. Everyone runs in her own way, or his own way. And where does the power come from, to see the race to its end? From within.”
Chariots of Fire

Posted by hramos at 01:41 PM

July 22, 2014

At Home Bar Simulation

I have attached examples of the first morning of the Illinois and Missouri bar exams(found below)for use as at home bar simulations. Try to familiarize yourself with the rules for taking the test before next week, so you won’t have to waste time reviewing the rules the day of the test.

Illinois takers--give yourself 1.5 hours for the essay questions and then take a 15 minute break. Go back and take the MPT in 1.5 hours. PDF

Missouri takers--go ahead and give yourself 3 hours to complete the attached MPTs. PDF

After you complete the exam, you can e-mail your work to me at hramos@siu.edu. Because there is a short time left until the real bar exam, please indicate what essay or MPT you would like my comments on; or if you rather, just ask me for the sample answers.
Good luck!

Heidi Ramos
Assistant Clinical Professor

Posted by hramos at 09:34 AM

July 13, 2014

Resolution to Succeed

“Always bear in mind that your own resolution to succeed is more important than any other.” Abraham Lincoln

Today I am posting the final essay and MPT question from this summer’s bar prep program. It has been a pleasure working with those students that participated in the same. Before I set out the problems, I wanted to pass along advice that Professor Johnson has given in the past. You soon will be receiving additional information detailing upcoming events for our graduates.

HOW TO PLAN YOUR FINAL DAYS OF STUDY

FINAL DAYS STUDY PLAN

Now that your bar courses are almost over, you should be putting together your study schedules for the final days before the bar exam. In fact, you may already have a plan in place. If you do, that's great and I encourage you to use what works for you. If you do not, here's some advice as you go through that process:

1. Assess each subject and truthfully say where you are with the subject. This will help you determine how much time to spend on the particular subject during your final study period. Please note that your plan will be to review everything in the final study period. The assessment just tells you how much time you need to spend on each subject to be ready for exam.

2. How should you assess each subject? You can use whatever method works best for you. If you do not have a method, consider asking yourself literally where you are on each subject. Are you there? Are you almost there? Are you nowhere?

There = If the bar exam was tomorrow, you'd feel confident about the subject and your ability to test competently in it. You don't have to be perfect to be "there." But the general feeling should be that you understand the topic and feel good about being able to answer a question on it (essay or multiple choice.

Almost there = You understand the topic, but there are a few aspects of the topic that are still giving you trouble. There are still aspects that you have not memorized and that you are unsure you would be able to spot or write about on the exam. You can see the light at the end of the tunnel, but you need to hone in on a few aspects.

Nowhere = You do not feel confident on the topic because there are several aspects that you do not understand and need to assimilate/memorize before the exam.

For most students, the majority of subjects will fall in the "almost there" pile with a few subjects falling in the other piles. Be honest as to what you feel ready for and what you don't. In this way, you'll make the final schedule that is right for you.

3. Timing. When generating your study schedule, try to organize your review of those topics in terms of the amount of work you need on them (i.e., you'll need more time on a subject you are "almost there" on than one you are "there" on). Try to arrange the schedule so that you have enough time to review all subjects. For instance, there may be some subjects you need to spend half or a whole day on while others could be taken care of in three hours.

4. What should the reviews look like? Think about what you need. Do you still need to memorize? Do you need to work questions? The answer is YES, you do need to work questions! Any review should really include both. Make sure that you are remembering the law (memorizing) and that you know how to use it (working questions). This is pivotal.

Other things to incorporate in your schedule:

A. Don't forget your MPT. If you are still having issues with timing and organization, keep working them. In any event, before you conclude your work on MPTs, make sure you read through all the different types of tasks you could be asked to do. Each one tests the same skills, but you don't want to be "shell shocked" if, during the actual exam, you are given a task you've never practiced before.

B. Essay reverse outlining/writing. You may know the law, but you still may be struggling with when to use it and how much to use. In addition to writing essays, reading over additional essays can help you to overcome this. To do this, read the essay question. Pay attention to the call of the question. Then read the answer. Pay attention to the content of the answer given in response to the question call (i.e., what law is discussed and the order it is discussed in). This will help you to see how issues are tested and what the bar examiners are looking for in asking certain questions.

C. Multiple Choice. Stay sharp here by continuing to work multiple choice problems. Continuing to read the answers will also help you understand how to work the problems and help you in navigating the nuances of the law. If you have run out of questions, there are a few free questions (written by the bar examiners) in the MBE information book and additional questions you can purchase at the NCBEX.ORG website.

Weekend before the bar--If you would feel more comfortable having another round of review after this final review, be sure to save the weekend before the bar to go back through everything. This is not a must but an option to consider.

Other advice on a final days study plan - This is just one method. If you have another that works best for you, that's what you should use. Students, who have passed, have used a variety of methods so don't be afraid to choose what works for you.

More help on this If you need more help on putting a schedule together or if you have any questions or concerns, feel free to contact me. I am available by phone (536-4423), email (hramos@siu.edu), or in person (room 177c in the library).

IF YOU WOULD LIKE ME TO REVIEW YOUR SCHEDULE, PLEASE EMAIL IT TO ME AND I WOULD BE HAPPY TO DO SO.

Essay - Agency and Partnership - Please use the July 2009 Agency and Partnership Question in your essay book. The text of the question is set out below.

Six months ago, Andy, Ben, and Carol executed a document entitled “Metropolitan Limited Partnership Agreement” (“the agreement”). Under the terms of the agreement, Andy, Ben, and Carol were to be “limited partners” in the “Metropolitan Limited Partnership” (“MLP”). The agreement provided that each would contribute $500,000 to the venture, which they each did.
The agreement also provided that Warren would be the “general partner” of MLP, but Warren never signed the agreement.
The agreement further provided that the venture would buy undeveloped land and hold it for development. The land was purchased, and a deed for the land naming MLP as grantee was executed, delivered, and recorded. In the MLP name, Andy, Ben, and Carol also hired a marketing company, Marketing, to develop a campaign to resell the land as “Metropolitan Estates.”

Two Months after the agreement was executed by Andy, Ben, and Carol, Marketing sued MLP, and Any, Ben, and Carol individually, for nonpayment of amounts due to Marketing for services it had provided to MLP. MLP is unable to pay Marketing because the land, its only asset, has substantially depreciated due to an economic downturn.
Immediately after Marketing filed suit, Andy, Ben, and Carol filed a certificate of limited partnership in the name of MLP in the appropriate state office.

Two weeks after the certificate of limited partnership was filed, Zack went onto the land owned in the name of MLP and fell down an uncovered well. Zack died as a result of injuries suffered in the fall. Zack’s estate has filed a wrongful death action against Andy, Ben, and Carol individually.

1. What type of entity is MLP? Explain.

2. Can Marketing recover from Andy, Ben, and Carol personally for the amounts it is owned by MLP? What steps must it follow if it tries to do so? Explain.

3. If Zack’s estate is entitled to damages, can it recover from Andy, Ben, and Carol personally for the wrongful death claim? What steps must it follow if it tries to do so? Explain.

MPT – Please use State v. Robert Baker, July 1998

Posted by hramos at 11:58 AM

July 07, 2014

Here we are in July...

"Success us not final, failure is not fatal:
it is the courage to continue that counts."
Winston Churchill

Thank you for last week's submissions. I am still working on the MPTs, but hope to get them to you in a day or two. This week I picked two "fun" problems. I hope the students that took the Civil Practice Clinic will be excited having a will MPT.

ESSAY - Constitutional Law July 2008

Lex, a nationally prominent criminal defense attorney, has a weekly television show on LNN, a national cable television station devoted to legal news. Lex’s show deals with a variety of legal topics. Lex often uses his show as a platform to argue that adultery should be criminalized. Lex and his wife are both 60 years old.
Scoop is a reporter for News, a nationally distributed newspaper. Scoop received an accurate tip that Lex was engaging in an adulterous affair at a hotel in State X. Scoop then broke into the hotel through a back door, an act constituting trespass under generally applicable tort law, and attempted to get into Lex’s hotel room. Before he could get into the room, however, he was discovered by a hotel employee and escorted out of the hotel. Later that day, while waiting on a public street outside the hotel, Scoop saw Lex get into a car with a young woman who was clearly not Lex’s wife. Scoop took a photograph of Lex and the young woman, who were kissing passionately. Scoop mistakenly thought the woman was Star, a world-famous actress.

Scoop hurried back to the newspaper and wrote a news story that was published with the photograph in News the next day. The story stated that Lex was having an affair with Star and that Lex’s adultery was contrary to the beliefs he advocated on his television show. By coincidence, the next page of the same edition of News featured a separate story about the premiere of Star’s new movie, correctly stating that Start had been in State Y for the entirety of the previous day. Scoop honestly believed that the woman in the photograph was Star, even though most people would have been able to tell from the photograph that this was not the case.

Would the First Amendment preclude liability if:

1. Star sued News for libel on the ground that the news story falsely stated that she was having an affair with Lex? Explain.

2. The hotel sued Scoop for trespass? Explain.

3. Lex sued News for invasion of privacy, claiming that the publication of the news story and photograph disclosed the truthful but highly offensive fact that he had engaged in an extramarital affair? Explain.

---------------------------------

For the MPT From July 1999 material

In Re Emily Dunn


Remember, if you have any problems or concerns, please contact me at: hramos@siu.edu or (618) 536-4423.

Posted by hramos at 09:45 AM

June 30, 2014

Stop and Take Stock

As you enter the first week of July, this is a good time to examine your mastery of bar taking skills.

• If you haven’t done so before, start timing your answers.
• It’s time to close the books while answering your essay questions.
• Make sure you are practicing your MPTs, so you don’t have any surprises on the bar exam.
• If you haven’t done so, please submit an essay or MPT for me to review.

If you are struggling, please contact me and we can discuss your areas of concern. You can e-mail me at hramos@siu.edu or call me at (618) 536-4423.

It has been brought to my attention that the blog was down for part of last week. So this week I will give you the choice of completing the essay and MPT from last week or this week’s posting:

Please try to limit your time working on the MPT to 90 minutes, and your essay to 30 minutes and follow the character limits for your state.

Essay DUE July 3rd Returned Tuesday, July 8th.
First MPT - DUE July 5th Returned as soon as possible.

Please note that you do not have to do both the essay AND MPT to receive comments. I encourage you to do both, but if you prefer to do only one, that is acceptable.

MPT - IN RE MISTOVER ACRES LLC - Please use the July 2007 MPT material. The text of the MPT WILL NOT be set out below so please consult your materials. OR

MPT – In re Marian Bonner – Please use the July 2004 MPT material. The text of the MPT WILL NOT BE set out below, so please consult your materials.

Essay- COMMERCIAL PAPER- Please use the February 2009 Commercial Paper Question in your essay materials. The text of the question is set out below.

Drawer wrote a check, drawn on Bank, to Payee for $3,000 and delivered the check to Payee as payment for services Payee had performed for Drawer. Before Payee had a chance to deposit the check in her bank account, she was robbed at gunpoint by Thief, who took her handbag with the check in it. After Thief discovered payee’s check in her handbag, he used the examples of Payee’s signature on various pieces of identification inside her wallet to create a perfect forgery of Payee’s signature on the back of the check.
The next day, Thief agreed to buy a used car from Seller for $3,000. Thief offered Seller the $3,000 check stolen from payee as payment for the car. Thief told Seller that his friend Payee, owed him $3,000 and had signed the check over to him so that he could use it to pay for the car. Seller was initially reluctant to take the check in payment for the car. However, Thief showed Payee’s driver’s license to Seller, explaining that Payee had lent him her ID while she was at work. Seller saw that the signature on the check matched the signature on the driver’s license, so he was convinced that Thief was telling the truth and that Payee had negotiated the check to Thief. Acting in good faith, Seller took the check in payment for the car, gave Thief the car keys, and signed the certificate of title over to him. Thief drove off in the car.

The next day, Seller took payee’s check to Bank and tried to cash it, but Drawer had stopped payment on the check after payee had told him that the check had been stolen. Accordingly, Bank’s teller refused to pay the check.

Does Seller have a right to recover the amount of the check from any of payee, Drawer, Bank, or Thief? Explain as to each. OR


Essay - Agency and Partnership - Please use the July 2009 Agency and Partnership Question in your essay book. The text of the question is set out below.

Six months ago, Andy, Ben, and Carol executed a document entitled “Metropolitan Limited Partnership Agreement” (“the agreement”). Under the terms of the agreement, Andy, Ben, and Carol were to be “limited partners” in the “Metropolitan Limited Partnership” (“MLP”). The agreement provided that each would contribute $500,000 to the venture, which they each did.

The agreement also provided that Warren would be the “general partner” of MLP, but Warren never signed the agreement.

The agreement further provided that the venture would buy undeveloped land and hold it for development. The land was purchased, and a deed for the land naming MLP as grantee was executed, delivered, and recorded. In the MLP name, Andy, Ben, and Carol also hired a marketing company, Marketing, to develop a campaign to resell the land as “Metropolitan Estates.”

Two Months after the agreement was executed by Andy, Ben, and Carol, Marketing sued MLP, and Any, Ben, and Carol individually, for nonpayment of amounts due to Marketing for services it had provided to MLP. MLP is unable to pay Marketing because the land, its only asset, has substantially depreciated due to an economic downturn.

Immediately after Marketing filed suit, Andy, Ben, and Carol filed a certificate of limited partnership in the name of MLP in the appropriate state office.

Two weeks after the certificate of limited partnership was filed, Zack went onto the land owned in the name of MLP and fell down an uncovered well. Zack died as a result of injuries suffered in the fall. Zack’s estate has filed a wrongful death action against Andy, Ben, and Carol individually.

1. What type of entity is MLP? Explain.

2. Can Marketing recover from Andy, Ben, and Carol personally for the amounts it is owned by MLP? What steps must it follow if it tries to do so? Explain.

3. If Zack’s estate is entitled to damages, can it recover from Andy, Ben, and Carol personally for the wrongful death claim? What steps must it follow if it tries to do so? Explain.

DELIVERING THE ESSAY/MPT TO ME: You may certainly email either of them to me at hramos@siu.edu. If you prefer to send me a hard copy, slip the paper under my door (room 177c) or give it to the Clinic receptionist. If you slip it under my door or give it to my receptionist, you should e-mail me and let me know that you have done so.

WRITING OR TYPING
: Approach these essays/MPTs (and all your practice essays/MPTs) in the way that you will for the bar exam. Thus, if you plan to type for the bar exam, then type your answers. If you plan to write, then write your answers to these essay questions/MPTs. If you write, I will gladly accept scanned electronic copies of your essays.

INCLUDE YOUR NAME AND CONTACT INFORMATION ON YOUR ESSAY/MPT: Occasionally, I may have a question about the work you have turned in. Having your contact information helps us to easily get a hold of you if we have any questions.

Posted by hramos at 03:00 PM

June 23, 2014

Fourth Week

FOURTH WEEK

I have been thrilled to see the progress of the graduates that have turned their essays into me on a regular basis. If you feel this service has benefited your bar preparation, please let your classmates know this service is available to them as well.

This week, you can complete a MPT in addition to your essay. Please try to limit your time working on the MPT to 90 minutes, and your essay to 30 minutes.

Essay
- DUE June 26th Returned Tuesday, July 1st.
First MPT - DUE June 29th Returned as soon as possible.

Please note that you do not have to do both the essay AND MPT to receive comments. I encourage you to do both, but if you prefer to do only one, that is acceptable.

MPT - IN RE MISTOVER ACRES LLC - Please use the July 2007 MPT - In re Mistover Acres. The text of the MPT WILL NOT be set out below so please consult your materials.

Essay- COMMERCIAL PAPER - Please use the February 2009 Commercial Paper Question in your essay materials. The text of the question is set out below.

Drawer wrote a check, drawn on Bank, to Payee for $3,000 and delivered the check to Payee as payment for services Payee had performed for Drawer. Before Payee had a chance to deposit the check in her bank account, she was robbed at gunpoint by Thief, who took her handbag with the check in it. After Thief discovered payee’s check in her handbag, he used the examples of Payee’s signature on various pieces of identification inside her wallet to create a perfect forgery of Payee’s signature on the back of the check.
The next day, Thief agreed to buy a used car from Seller for $3,000. Thief offered Seller the $3,000 check stolen from payee as payment for the car. Thief told Seller that his friend Payee, owed him $3,000 and had signed the check over to him so that he could use it to pay for the car. Seller was initially reluctant to take the check in payment for the car. However, Thief showed Payee’s driver’s license to Seller, explaining that Payee had lent him her ID while she was at work. Seller saw that the signature on the check matched the signature on the driver’s license, so he was convinced that Thief was telling the truth and that Payee had negotiated the check to Thief. Acting in good faith, Seller took the check in payment for the car, gave Thief the car keys, and signed the certificate of title over to him. Thief drove off in the car.

The next day, Seller took payee’s check to Bank and tried to cash it, but Drawer had stopped payment on the check after payee had told him that the check had been stolen. Accordingly, Bank’s teller refused to pay the check.

Does Seller have a right to recover the amount of the check from any of payee, Drawer, Bank, or Thief? Explain as to each

DELIVERING THE ESSAY/MPT TO ME: You may certainly email either of them to me at hramos@siu.edu. If you prefer to send me a hard copy, slip the paper under my door (room 177c) or give it to the Clinic receptionist. If you slip it under my door or give it to my receptionist, you should e-mail me and let me know that you have done so.

WRITING OR TYPING: Approach these essays/MPTs (and all your practice essays/MPTs) in the way that you will for the bar exam. Thus, if you plan to type for the bar exam, then type your answers. If you plan to write, then write your answers to these essay questions/MPTs. If you write, I will gladly accept scanned electronic copies of your essays.
INCLUDE YOUR NAME AND CONTACT INFORMATION ON YOUR ESSAY/MPT: Occasionally, I may have a question about the work you have turned in. Having your contact information helps us to easily get a hold of you if we have any questions about your essay.

Posted by hramos at 10:07 AM

June 16, 2014

Third Essay

Hope your studying is going well. This week will be the hottest week so far for those studying in southern Illinois. Don't let the heat get to you!

Thank you for your submissions last week. I will try to get them back to you by tomorrow, June 17th.

This week you will have your choice of either of the two following essays (or you can tender both). Please submit your work by Thursday, June 19th.

Essay 1- CRIMINAL LAW/PROCEDURE - July 2009

John, age 18, and Crystal, age 14, walked into the Mini Mart, a convenience store. They wandered around the store for a few minutes and then walked up to the counter. John had his hand in a leather bag. He stared at the store clerk for about 10 seconds and started to sweat. At this point, Crystal began to cry. She said, “I don’t want to do this,” and ran out of the store. John remained for a few more seconds and then ran out of the store himself. The store clerk immediately called 911 and nervously said, “Two kids were about to rob me, but I guess they changed their minds.”

Three days later, the police came to Crystal’s home, where she lives with her parents. The police told Crystal’s mother that Crystal was a suspect in an attempted robbery and that they wanted to search for evidence. Crystal’s mother asked the police if they had a warrant. They said, “No, but we can get one.” Crystal’s mother let the police in.

When the police searched Crystal’s room, they found John’s zipped leather bag in Crystal’s closet. Without first obtaining a search warrant, or asking Crystal’s mother who owned the bag, the police opened the bag and found a gun and printouts of e-mails from John to a friend. The police read the e-mails, which described John’s plans to rob the Minit Mart with the help of his girlfriend, Crystal.

Crystal later confessed that she and John had planned to rob the Minit Mart store, but that she got scared and ran out of the store. She also said that John gave her the leather bag with the gun after they had left the Minit Mart and told her to “get rid of it.”

John was charged with attempted armed robbery of the Minit Mart store. His lawyer filed a motion to suppress the leather bag and its contents on the grounds that the bag was seized and searched in violation of John’s Fourth Amendment rights. The trial court denied the motion, and the issue was properly preserved for appeal.

At John’s trial for attempted armed robbery, the Minit Mart clerk testified to the facts that he had told the police earlier. Crystal also testified for the prosecution, repeating what she had previously told the police. She also said that the leather bag belonged to John, that she and John had planned the robbery together, that she saw John load the gun and put it in his leather bag before they entered the Minit Mart, and that John’s hand was in the leather bag with the gun for the entire time that they were in the Minit Mart. She testified that she “got scared” when she and John were standing at the counter, which is why she ran from the store. She said that when John got into the car after running out of the store, he said, “Well, that went bad,” and then drove away from the store.

After Crystal’s testimony, the prosecution introduced the leather bag, the e-mails, and the gun into evidence. The court admitted all of the evidence over the objection of John’s lawyer.

John presented no evidence.

At the close of the case, the trial court denied both John’s motion for judgment of acquittal and his request for a jury instruction on the defense of abandonment.

The jury convicted John of attempted armed robbery. Did the trial court err:

1. In denying John’s motion to suppress the leather bag and its contents? Explain

2. In denying John’s motion for judgment of acquittal? Explain

3. In failing to instruct the jury on the defense of abandonment? Explain?

-------------------------------

Essay 2 - FEDERAL CIVIL PROCEDURE - February 1995

Foodco, a food processing company, has its place of incorporation and its principal place of business in State A. Foodco relies extensively on an independent distributor, located in State A, to sell its products to restaurants in State A and State B. In addition, the distributor arranges a monthly shipment of Foodco’s sausages to a customer in State C. This sale amounts to less than 5% of Foodco’s monthly sales.

Although it obtains most of its supplies from wholesalers in State A, Foodco frequently orders spices from SpiceCo, located in adjoining State D, by telephoning Spiceco from State A. For several years, Foodco paid its account by check mailed at the end of each month to Spiceco’s office in State D.

For the last three months, Foodco has failed to make payments to suppliers. Its balance with Spiceco has grown to $6,000. After making an unsuccessful demand for payment, Spiceco filed suit against Foodco in a State D trial court. Spiceco attached $5,000 worth of Foodco sausage that had been stored in a warehouse in State D by Foodco’s distributor, pending shipment to the customer in State C. Spiceco then served process on Foodco in State A, informing it of the attachment and of the commencement of the action in State D.

State D statutes permit creditors like Spiceco to institute proceedings by attachment. The statutes permit State D courts 1) to adjudicate claims against nonresidents to the extent of any property located in the state and 2) to assert long arm jurisdiction over nonresident corporations that “transact any business” in the state or fail to perform any contractual obligations with substantial ties to the state. State D courts construe these statutes as authorizing jurisdiction to the full extent permitted by the Due Process Clause of the United States Constitution.

Foodco moved to dismiss the State D action for lack of jurisdiction. In addition to reciting the facts, Foodco supported its motion with an uncontradicted affidavit that no employee of Foodco has ever met with Spiceco in State D.

Should the court grant or deny Foodco’s motion to dismiss? Explain

Posted by hramos at 10:03 AM

June 13, 2014

Third Essay Choice/EVIDENCE

Dear Students:

It has been brought to my attention that some graduates have not studied contracts or real property yet. I'm sorry that those were your only essay choices this week. I have decided to include a third essay option--EVIDENCE.

Since I am not posting this essay until Friday, you can have the weekend to complete the same. Please submit your completed essays by Monday.

The instructions for submitting your essay are in this week's previous entry. Please let me know if we still don't have a topic that you've covered in your bar prep course.

Essay - Evidence - Please use the February 2008 Evidence Question in your essay materials. The text of the question is set out below.

Victor was taken by ambulance to a hospital. Standard hospital practice requires the admitting nurse in the emergency room to record all information provided by a patient about the cause of the patient’s illness or injury. Following that practice, the admitting nurse, Nurse, asked Victor: “What happened?” Victor responded: “I was stabbed with a big knife. Dan did it.” Nurse immediately wrote Victor’s statement in the appropriate place in the hospital record.

One week after his hospital admission, Victor unexpectedly died as a result of the stab wound. Dan was charged with Victor’s murder.

When Victor’s wife, Wife, heard of Dan’s arrest, she was shocked. She told Friend, “When Victor and I were alone together in the hospital, he told me who stabbed him, and it wasn’t Dan!” But Wife refused to tell Friend whom Victor had identified as his assailant.

During the trial, in order to prove that Dan stabbed Victor, the prosecutor offered the hospital record made by Nurse that contained Victor’s statement that Dan stabbed him. The prosecutor cannot locate Nurse to testify at trial. Defense counsel objected to admission of the hospital record and the statements in it, but the court overruled the objection.

During the presentation of Dan’s case, defense counsel suggested that Victor had been attacked by Stepson, Wife’s child by a previous marriage. Defense counsel called Wife as a witness and questioned her concerning Victor’s statement to her about the identity of his assailant. Wife refused to answer on the basis of the marital privilege. The prosecutor objected to the questions directed to Wife on the grounds that they sought to elicit hearsay. The court sustained both Wife’s claim of privilege and the prosecutor’s hearsay objection.

1. Did the trial court err in admitting into evidence the hospital record containing Victor’s statement? Explain.

2. Did the trial court err in sustaining Wife’s claim of privilege? Explain.

3. Did the trial court err in sustaining the prosecutor’s hearsay objection to Wife’s testimony? Explain.

Posted by hramos at 10:10 AM

June 09, 2014

New Essay

June 9, 2014
Thank you for your first essay submissions. I have returned many of them and hope to get the remainder to you by the end of the day.
For those of you who did not submitted essays last week, please do so this week. At this point, no one is expected to know all of the applicable law but it is time to start perfecting your CIRAC or IRAC.

SECOND ESSAY (Please note there are different essays depending on the state and commercial bar prep course you’re using.)

- DUE THURSDAY, JUNE 12

FOR IL BARBRI, THEMIS, KAPLAN
and MO THEMIS and KAPLAN

Essay - REAL PROPERTY - Please use the July 2007 Question in your essay book. The text of the question is set out below.

Owen owned vacant land (Whiteacre) in State B located 500 yards from a lake and bordered by vacant land owned by others. Owen, who lived 50 miles from Whiteacre, used Whiteacre for cutting firewood and for parking his car when he used the lake.
Twenty years ago, Owen delivered to Abe a deed that read in its entirety:

Owen hereby conveys to the grantee by a general warranty deed that parcel of vacant land in State B known as Whiteacre.
Owen signed the deed immediately below the quoted language and his signature was notarized. The deed was never recorded.
For the next 11 years, Abe seasonally planted vegetables on Whiteacre, cut timber on it, parked vehicles there when he and his family used the nearby lake for recreation, and gave permission to friends to park their cars and recreational vehicles there. He also paid the real property taxes due on the land, although the tax bills were actually sent to Owen because title had not been registered in
Abe’s name on the assessor’s books. Abe did not build any structure on Whiteacre, fence it, or post no-trespassing signs.
Nine years ago, Abe moved to State C. Since that time, he has neither used Whiteacre nor given others permission to use Whiteacre, and to all outward appearances the land has appeared unoccupied.
Last year, Owen died intestate leaving his daughter, Doris, as his sole heir. After Owen’s death, Doris conveyed Whiteacre by a valid deed to Buyer, who paid fair market value for Whiteacre. Neither Doris nor Buyer knew of the Owen-to-Abe deed. Both Doris and Buyer believed that Owen was the owner of Whiteacre at the time of his death. Buyer promptly and properly recorded the deed from Doris and immediately went into possession of Whiteacre.
Last month Abe returned to State B. When he discovered Buyer in possession of Whiteacre, he sued Buyer for possession.
State B has enacted the following statutes:

1. Actions to recover possession of real property shall be brought within ten years after the cause of action accrues.
2. No conveyance or mortgage of real property shall be good against subsequent purchasers for value and without notice unless the same be recorded according to law.
Who is entitled to possession of Whiteacre? Explain.
------------------------------------------

FOR MO BARBRI STUDENTS:

Essay - CONTRACTS - Please use the July 2007 Contracts question contained in your materials. The text of the question is set out below.

Baker is a renowned pastry chef. Café, a sole proprietorship, is a well-known restaurant in need of hiring a pastry chef. Baker and Café’s Owner had extensive conversations regarding Baker coming to work at Café. On May 1, a week after those conversations occurred, Baker sent Café a signed letter dated May 1 stating: “I will work for Café as head pastry chef for two years for an annual salary of $100,000.”

On the morning of May 7, Café Owner telephoned Baker and said: “The $100,000 is pretty stiff. Could you possibly consider working for less?” Baker replied: “I am a renowned pastry chef. I will not work for any less!”

Later that morning, Café’s Owner sent Baker a signed letter by regular mail stating: “You obviously think you are too good for my restaurant. I am no longer interested in hiring you to work at Café.”
Later that afternoon, Café’s Owner had a change of heart and sent Baker a registered, express-mail signed letter stating: “Okay, if you really won’t work for less, I agree to pay you the $100,000 a year you demand to work as head pastry chef at Café for two years.”
On May 10, the registered, express-mail letter was delivered to Baker’s office. The regular-mail letter containing the rejection was still on its way. Baker accepted delivery of the registered, express-mail letter from the postal carrier and placed it on his desk without opening it.

On May 11, before Baker read the registered, express-mail letter on his desk, he accepted an offer to work for Restaurant. As a courtesy, Baker called Café’s Owner and said, “Sorry, I just took a job at Restaurant. Too bad you couldn’t afford me.” Café’s Owner responded, “You can’t work for Restaurant, I already accepted your offer to work at Café for $100,000 a year.”
Does Café have an enforceable contract with Baker? Explain


DELIVERING THE ESSAY: You may certainly email it to me at hramos@siu.edu. If you write, you may scan and email it to me or you may fax it to me at (618) 453-8727

WRITING OR TYPING: Approach these essays (and all your practice essays) in the way that you will for the bar exam. Thus, if you plan to type for the bar exam, then type your answers. If you plan to write, then write your answers to these essay questions. If you write, I will gladly accept scanned electronic copies of your essays.

INCLUDE YOUR NAME AND CONTACT INFORMATION ON YOUR ESSAY: Occasionally, I may have a question about the work you have turned in. Having your contact information helps us to easily get a hold of you if we have any questions about your essay.

Posted by hramos at 09:30 AM

June 04, 2014

SIU BAR PREP WORKSHOP #3

Video
Windows

Mac

Powerpoint

Posted by tfurby at 04:52 PM

June 03, 2014

First Essay/Summer 2014

FEB 2008 TORTS ESSAY
Last month, Paul attended a fund-raising lunch at Library, where he purchased and ate a chicken salad sandwich. Later that day, he became severely ill and was diagnosed with food poisoning. As a result of the food poisoning, Paul developed a permanent digestive disorder.

Several other people also became sick after eating lunch, and the Health Department determined that the chicken salad was contaminated with salmonella bacteria. According to the Health Department, raw chicken often contains salmonella bacteria. Although the risk of salmonella contamination cannot be eliminated, proper preparation and cooking can ensure that the chicken is safe for eating. The chicken must be thoroughly cooked, and all utensils or surfaces that come in contact with raw chicken must be thoroughly cleaned with hot water and soap before further use.

The Reading Club had initiated and planned the Library’s first and only fund-raising lunch. Ann, Bill, and Chuck independently volunteered to make the chicken salad. Each made a separate batch of salad, using their own recipes and working individually at their own homes. Another volunteer combined the three batches of salad at Library, and a Library employee sold sandwiches at the lunch. All lunch profits went to Library.

Ann, Bill, and Chuck each purchased their chicken from Supermarket. The chicken was contained in packages labeled with a prominent warning describing the risk of salmonella contamination and the precautions necessary to avoid that risk.

A Health Department spokesperson has said that “Someone who made the chicken salad did not take proper precautions.” Ann, Bill, and Chuck all claim they took the proper precautions.

Paul has consulted an attorney about bringing a tort action against: (1) Library, (2) Supermarket, and (3) Ann, Bill, and Chuck. If Paul can prove only the facts outlined above:

1. Can Library be found liable to Paul under a strict liability theory? Explain.
2. Can Supermarket be found liable to Paul under a strict liability theory? Explain.
3. Can Ann, Bill, and Chuck be found liable to Paul under either a strict liability or negligence theory? Explain.

Posted by hramos at 04:00 PM

May 28, 2014

Second Workshop - Essay Writing and Memorization

Second Workshop - Essay Writing and Memorization

Video

PC Mac

PowerPoint

Posted by tfurby at 03:42 PM

May 22, 2014

Scheduling and Multiple Choice Workshop

Scheduling and Multiple Choice Workshop Video

Scheduling and Multiple Choice Workshop Powerpoint

Posted by tfurby at 03:51 PM

May 08, 2014

CONGRATULATIONS ON YOUR GRADUATION!

Are you wondering what to do next? Don't get too comfortable. It's time to hit the books again. SIU is here to help you with the 2014 Summer Bar Prep program !

Established to supplement your commercial bar course, SIU School of Law offers assistance in three ways: Workshops, Weekly Essays and Personal One on One Assistance.

The First Workshop will be held on May 21st at 2:00 in room 206. It will focus on Scheduling and Multiple Choice Strategies.

Continue reading "CONGRATULATIONS ON YOUR GRADUATION!"

Posted by hramos at 04:38 PM

February 10, 2014

SIXTH AND FINAL ESSAY - ESSAY - FEBRUARY 13TH / MPT DUE - FEBRUARY 16TH

strong>ESSAY DUE DATE: This essay will be due on this coming Thursday - February 13th. Essays with comments and rubrics will be returned to you by Tuesday, February 18th via email.

MPT DUE DATE: This MPT will be due on Sunday - February 16th. They will be returned as soon as possible.

Please note that you do not have to do both the essay AND MPT to receive comments. I encourage you to do both, but if you prefer to do only one, that is acceptable.

DELIVERING THE ESSAY/MPT TO ME: You may certainly email it to me at tjohnson@siu.edu. If you prefer to send me a hard copy, slip the paper under my door (room 230) or give it to my secretary (Ms. Carol Manis in room 243). If you slip it under my door or give it to my secretary, you should let me know that you have done that.

WRITING OR TYPING: Approach these essays/MPTs (and all your practice essays/MPTs) in the way that you will for the bar exam. Thus, if you plan to type for the bar exam, then type your answers. If you plan to write, then write your answers to these essay questions/MPTs. If you write, I will gladly accept scanned electronic copies of your essays.

INCLUDE YOUR NAME AND CONTACT INFORMATION ON YOUR ESSAY/MPT: Occasionally, we may have a question about the work you have turned in. Having your contact information helps us to easily get a hold of you if we have any questions about your essay.

ALL STUDENTS / SCROLL DOWN PAST THE ESSAY FOR THE MPT
Essay - CRIMINAL LAW/PROCEDURE - Please use the July 2009 Criminal Law/Procedure essay in your materials. The text of the question is set out below.

John, age 18, and Crystal, age 14, walked into the Mini Mart, a convenience store. They wandered around the store for a few minutes and then walked up to the counter. John had his hand in a leather bag. He stared at the store clerk for about 10 seconds and started to sweat. At this point, Crystal began to cry. She said, “I don’t want to do this,” and ran out of the store. John remained for a few more seconds and then ran out of the store himself. The store clerk immediately called 911 and nervously said, “Two kids were about to rob me, but I guess they changed their minds.”

Three days later, the police came to Crystal’s home, where she lives with her parents. The police told Crystal’s mother that Crystal was a suspect in an attempted robbery and that they wanted to search for evidence. Crystal’s mother asked the police if they had a warrant. They said, “No, but we can get one.” Crystal’s mother let the police in.

When the police searched Crystal’s room, they found John’s zipped leather bag in Crystal’s closet. Without first obtaining a search warrant, or asking Crystal’s mother who owned the bag, the police opened the bag and found a gun and printouts of e-mails from John to a friend. The police read the e-mails, which described John’s plans to rob the Minit Mart with the help of his girlfriend, Crystal.

Crystal later confessed that she and John had planned to rob the Minit Mart store, but that she got scared and ran out of the store. She also said that John gave her the leather bag with the gun after they had left the Minit Mart and told her to “get rid of it.”

John was charged with attempted armed robbery of the Minit Mart store. His lawyer filed a motion to suppress the leather bag and its contents on the grounds that the bag was seized and searched in violation of John’s Fourth Amendment rights. The trial court denied the motion, and the issue was properly preserved for appeal.

At John’s trial for attempted armed robbery, the Minit Mart clerk testified to the facts that he had told the police earlier. Crystal also testified for the prosecution, repeating what she had previously told the police. She also said that the leather bag belonged to John, that she and John had planned the robbery together, that she saw John load the gun and put it in his leather bag before they entered the Minit Mart, and that John’s hand was in the leather bag with the gun for the entire time that they were in the Minit Mart. She testified that she “got scared” when she and John were standing at the counter, which is why she ran from the store. She said that when John got into the car after running out of the store, he said, “Well, that went bad,” and then drove away from the store.

After Crystal’s testimony, the prosecution introduced the leather bag, the e-mails, and the gun into evidence. The court admitted all of the evidence over the objection of John’s lawyer.

John presented no evidence.

At the close of the case, the trial court denied both John’s motion for judgment of acquittal and his request for a jury instruction on the defense of abandonment.

The jury convicted John of attempted armed robbery. Did the trial court err:

1. In denying John’s motion to suppress the leather bag and its contents? Explain

2. In denying John’s motion for judgment of acquittal? Explain

3. In failing to instruct the jury on the defense of abandonment? Explain?

MPT ASSIGNMENT

MPT - WHITFORD v. NEWBERRY MIDDLE SCHOOL DISTRICT - Please use the February 2002 MPT Whitford v. Newberry Middle School District. The text of the MPT WILL NOT be set out below so please consult your materials.

Posted by Twinette at 07:42 PM

February 04, 2014

FIFTH ESSAY OF THE WEEK - DUE 2/8 / SECOND MPT OF THE WEEK - DUE 2/11

ESSAY DUE DATE: This essay will be due by Friday, February 6th.

MPT DUE DATE: The MPT will be due my Sunday, February 9th.

DELIVERING THE ESSAY/MPT TO ME: You may certainly email it to me at tjohnson@siu.edu. If you write, you may scan and email it to me or you may fax it to me at 618 435 3317.

WRITING OR TYPING: Approach these essays and MPTs (and all your practice essays and MPTs) in the way that you will for the bar exam. Thus, if you plan to type for the bar exam, then type your answers. If you plan to write, then write your answers to these essay questions. If you write, I will gladly accept scanned electronic copies of your essays.

INCLUDE YOUR NAME AND CONTACT INFORMATION ON YOUR ESSAY: Occasionally, we may have a question about the work you have turned in. Having your contact information helps us to easily get a hold of you if we have any questions about your essay or MPT.

ONE MPT ASSIGNMENT FOR EVERY STUDENT IS SET OUT AFTER THE ESSAY ASSIGNMENTS

All STUDENNTS :

Essay - Evidence - Please use the February 2008 Evidence Question in your essay materials. The text of the question is set out below.

Victor was taken by ambulance to a hospital. Standard hospital practice requires the admitting nurse in the emergency room to record all information provided by a patient about the cause of the patient’s illness or injury. Following that practice, the admitting nurse, Nurse, asked Victor: “What happened?” Victor responded: “I was stabbed with a big knife. Dan did it.” Nurse immediately wrote Victor’s statement in the appropriate place in the hospital record.

One week after his hospital admission, Victor unexpectedly died as a result of the stab wound. Dan was charged with Victor’s murder.

When Victor’s wife, Wife, heard of Dan’s arrest, she was shocked. She told Friend, “When Victor and I were alone together in the hospital, he told me who stabbed him, and it wasn’t Dan!” But Wife refused to tell Friend whom Victor had identified as his assailant.

During the trial, in order to prove that Dan stabbed Victor, the prosecutor offered the hospital record made by Nurse that contained Victor’s statement that Dan stabbed him. The prosecutor cannot locate Nurse to testify at trial. Defense counsel objected to admission of the hospital record and the statements in it, but the court overruled the objection.

During the presentation of Dan’s case, defense counsel suggested that Victor had been attacked by Stepson, Wife’s child by a previous marriage. Defense counsel called Wife as a witness and questioned her concerning Victor’s statement to her about the identity of his assailant. Wife refused to answer on the basis of the marital privilege. The prosecutor objected to the questions directed to Wife on the grounds that they sought to elicit hearsay. The court sustained both Wife’s claim of privilege and the prosecutor’s hearsay objection.

1. Did the trial court err in admitting into evidence the hospital record containing Victor’s statement? Explain.

2. Did the trial court err in sustaining Wife’s claim of privilege? Explain.

3. Did the trial court err in sustaining the prosecutor’s hearsay objection to Wife’s testimony? Explain.


SECOND MPT ASSIGNMENT OF THE WEEK

MPT - IN RE MISTOVER ACRES LLC - Please use the July 2007 MPT - In re Mistover Acres. The text of the MPT WILL NOT be set out below so please consult your materials.

Posted by Twinette at 09:37 AM

January 27, 2014

FOURTH ESSAY OF THE WEEK - DUE JANUARY 30TH/ FIRST MPT OF THE WEEK - DUR FEBRUARY 2ND

strong>ESSAY DUE DATE: This essay will be due on this coming Thursday - January 30th. Essays with comments and rubrics will be returned to you by Tuesday, February 4th via email.

MPT DUE DATE: This MPT will be due on Sunday - February 2nd. They will be returned as soon as possible.

Please note that you do not have to do both the essay AND MPT to receive comments. I encourage you to do both, but if you prefer to do only one, that is acceptable.

DELIVERING THE ESSAY/MPT TO ME: You may certainly email either of them to me at tjohnson@siu.edu. If you prefer to send me a hard copy, slip the paper under my door (room 230) or give it to my secretary (Ms. Carol Manis in room 243). If you slip it under my door or give it to my secretary, you should let me know that you have done that.

WRITING OR TYPING: Approach these essays/MPTs (and all your practice essays/MPTs) in the way that you will for the bar exam. Thus, if you plan to type for the bar exam, then type your answers. If you plan to write, then write your answers to these essay questions/MPTs. If you write, I will gladly accept scanned electronic copies of your essays.

INCLUDE YOUR NAME AND CONTACT INFORMATION ON YOUR ESSAY/MPT: Occasionally, we may have a question about the work you have turned in. Having your contact information helps us to easily get a hold of you if we have any questions about your essay.

ALL STUDENTS / SCROLL DOWN PAST THE COMMERCIAL PAPER ESSAY FOR THE MPT

Essay- COMMERCIAL PAPER - Please use the February 2009 Commercial Paper Question in your essay materials. The text of the question is set out below.
Drawer wrote a check, drawn on Bank, to Payee for $3,000 and delivered the check to Payee as payment for services Payee had performed for Drawer. Before Payee had a chance to deposit the check in her bank account, she was robbed at gunpoint by Thief, who took her handbag with the check in it. After Thief discovered payee’s check in her handbag, he used the examples of Payee’s signature on various pieces of identification inside her wallet to create a perfect forgery of Payee’s signature on the back of the check.

The next day, Thief agreed to buy a used car from Seller for $3,000. Thief offered Seller the $3,000 check stolen from payee as payment for the car. Thief told Seller that his friend Payee, owed him $3,000 and had signed the check over to him so that he could use it to pay for the car. Seller was initially reluctant to take the check in payment for the car. However, Thief showed Payee’s driver’s license to Seller, explaining that Payee had lent him her ID while she was at work. Seller saw that the signature on the check matched the signature on the driver’s license, so he was convinced that Thief was telling the truth and that Payee had negotiated the check to Thief. Acting in good faith, Seller took the check in payment for the car, gave Thief the car keys, and signed the certificate of title over to him. Thief drove off in the car.

The next day, Seller took payee’s check to Bank and tried to cash it, but Drawer had stopped payment on the check after payee had told him that the check had been stolen. Accordingly, Bank’s teller refused to pay the check.

Does Seller have a right to recover the amount of the check from any of payee, Drawer, Bank, or Thief? Explain as to each.

FIRST MPT ASSIGNMENT OF THE WEEK

MPT - A-1 AUTOMOTIVE - Please use the July 2008 MPT - Williams v. A-1 Automotive. The text of the MPT WILL NOT be set out below so please consult your commercial bar course materials materials.

If you do not have this MPT, please let me know to expect a different MPT from you.

Posted by Twinette at 12:33 PM

January 20, 2014

SIU Bar Exam Workshop 3

SIU Bar Exam Workshop 3

Video

Handout PDF

Posted by Twinette at 10:43 AM

January 19, 2014

THIRD ESSAY OF THE WEEK -WEEK OF JANUARY 20TH - DUE THURSDAY, JANUARY 23RD

ESSAY DUE DATE: This essay will be due by Thursday, January 23rd.

DELIVERING THE ESSAY: You may certainly email it to me at tjohnson@siu.edu. If you write, you may scan and email it to me or you may fax it to me at 618 435 3317.

WRITING OR TYPING: Approach these essays (and all your practice essays) in the way that you will for the bar exam. Thus, if you plan to type for the bar exam, then type your answers. If you plan to write, then write your answers to these essay questions. If you write, I will gladly accept scanned electronic copies of your essays.

INCLUDE YOUR NAME AND CONTACT INFORMATION ON YOUR ESSAY: Occasionally, I may have a question about the work you have turned in. Having your contact information helps us to easily get a hold of you if we have any questions about your essay.

BARBRI, KAPLAN & THEMIS STUDENTS:

Essay - CONTRACTS - Please use the July 2007 Contracts question contained in your materials. The text of the question is set out below.

Baker is a renowned pastry chef. Café, a sole proprietorship, is a well-known restaurant in need of hiring a pastry chef. Baker and Café’s Owner had extensive conversations regarding Baker coming to work at Café. On May 1, a week after those conversations occurred, Baker sent Café a signed letter dated May 1 stating: “I will work for Café as head pastry chef for two years for an annual salary of $100,000.”

On the morning of May 7, Café Owner telephoned Baker and said: “The $100,000 is pretty stiff. Could you possibly consider working for less?” Baker replied: “I am a renowned pastry chef. I will not work for any less!”

Later that morning, Café’s Owner sent Baker a signed letter by regular mail stating: “You obviously think you are too good for my restaurant. I am no longer interested in hiring you to work at Café.”

Later that afternoon, Café’s Owner had a change of heart and sent Baker a registered, express-mail signed letter stating: “Okay, if you really won’t work for less, I agree to pay you the $100,000 a year you demand to work as head pastry chef at Café for two years.”

On May 10, the registered, express-mail letter was delivered to Baker’s office. The regular-mail letter containing the rejection was still on its way. Baker accepted delivery of the registered, express-mail letter from the postal carrier and placed it on his desk without opening it.

On May 11, before Baker read the registered, express-mail letter on his desk, he accepted an offer to work for Restaurant. As a courtesy, Baker called Café’s Owner and said, “Sorry, I just took a job at Restaurant. Too bad you couldn’t afford me.” Café’s Owner responded, “You can’t work for Restaurant, I already accepted your offer to work at Café for $100,000 a year.”

Does Café have an enforceable contract with Baker? Explain

Posted by Twinette at 11:36 PM

January 17, 2014

SIU Bar Exam Workshop 2

SIU Bar Exam Workshop 2
Video

PDF Handout

Posted by tfurby at 02:14 PM

January 13, 2014

ESSAY OF THE WEEK - JANUARY 13TH - DUE THURSDAY - JANUARY 16TH

Please find below you second essay of the week for SIU's bar program. Please read and follow the directions below.

ESSAY DUE DATE: This essay will be due on this Thursday - January 16th.

DELIVERING THE ESSAY TO ME: You may certainly email it to me at tjohnson@siu.edu. If you would prefer to give me a hard copy, place the hard copy in the receptacle in your commercial bar prep room. If you are not in a commercial bar prep class, slip the paper under my door or give it to my secretary (Ms. Carol Manis in room 243). If you slip it under my door or give it my secretary, you should let me know that you have done that.

WRITING OR TYPING: Approach these essays (and all your practice essays) in the way that you will for the bar exam. Thus, if you plan to type for the bar exam, then type your answers. If you plan to write, then write your answers to these essay questions. If you write, I will gladly accept scanned electronic copies of your essays.

INCLUDE YOUR NAME AND CONTACT INFORMATION ON YOUR ESSAY: Occasionally, I may have a question about the work you have turned in. Having your contact information helps us to easily get a hold of you if we have any questions about your essay.

BARBRI/KAPLAN/THEMIS STUDENTS

Essay - Agency and Partnership - Please use the July 2009 Agency and Partnership Question in your essay book. The text of the question is set out below.

Six months ago, Andy, Ben, and Carol executed a document entitled “Metropolitan Limited Partnership Agreement” (“the agreement”). Under the terms of the agreement, Andy, Ben, and Carol were to be “limited partners” in the “Metropolitan Limited Partnership” (“MLP”). The agreement provided that each would contribute $500,000 to the venture, which they each did.

The agreement also provided that Warren would be the “general partner” of MLP, but Warren never signed the agreement.

The agreement further provided that the venture would buy undeveloped land and hold it for development. The land was purchased, and a deed for the land naming MLP as grantee was executed, delivered, and recorded. In the MLP name, Andy, Ben, and Carol also hired a marketing company, Marketing, to develop a campaign to resell the land as “Metropolitan Estates.”

Two Months after the agreement was executed by Andy, Ben, and Carol, Marketing sued MLP, and Any, Ben, and Carol individually, for nonpayment of amounts due to Marketing for services it had provided to MLP. MLP is unable to pay Marketing because the land, its only asset, has substantially depreciated due to an economic downturn.

Immediately after Marketing filed suit, Andy, Ben, and Carol filed a certificate of limited partnership in the name of MLP in the appropriate state office.

Two weeks after the certificate of limited partnership was filed, Zack went onto the land owned in the name of MLP and fell down an uncovered well. Zack died as a result of injuries suffered in the fall. Zack’s estate has filed a wrongful death action against Andy, Ben, and Carol individually.

1. What type of entity is MLP? Explain.

2. Can Marketing recover from Andy, Ben, and Carol personally for the amounts it is owned by MLP? What steps must it follow if it tries to do so? Explain.

3. If Zack’s estate is entitled to damages, can it recover from Andy, Ben, and Carol personally for the wrongful death claim? What steps must it follow if it tries to do so? Explain.

Posted by Twinette at 04:41 PM

ESSAY OF THE WEEK - JANUARY 13TH - DUE THURSDAY - JANUARY 16TH

Please find below you second essay of the week for SIU's bar program. Please read and follow the directions below.

ESSAY DUE DATE: This essay will be due on this Thursday - January 16th.

DELIVERING THE ESSAY TO ME: You may certainly email it to me at tjohnson@siu.edu. If you would prefer to give me a hard copy, place the hard copy in the receptacle in your commercial bar prep room. If you are not in a commercial bar prep class, slip the paper under my door or give it to my secretary (Ms. Carol Manis in room 243). If you slip it under my door or give it my secretary, you should let me know that you have done that.

WRITING OR TYPING: Approach these essays (and all your practice essays) in the way that you will for the bar exam. Thus, if you plan to type for the bar exam, then type your answers. If you plan to write, then write your answers to these essay questions. If you write, I will gladly accept scanned electronic copies of your essays.

INCLUDE YOUR NAME AND CONTACT INFORMATION ON YOUR ESSAY: Occasionally, I may have a question about the work you have turned in. Having your contact information helps us to easily get a hold of you if we have any questions about your essay.

BARBRI/KAPLAN/THEMIS STUDENTS

Essay - Agency and Partnership - Please use the July 2009 Agency and Partnership Question in your essay book. The text of the question is set out below.

Six months ago, Andy, Ben, and Carol executed a document entitled “Metropolitan Limited Partnership Agreement” (“the agreement”). Under the terms of the agreement, Andy, Ben, and Carol were to be “limited partners” in the “Metropolitan Limited Partnership” (“MLP”). The agreement provided that each would contribute $500,000 to the venture, which they each did.

The agreement also provided that Warren would be the “general partner” of MLP, but Warren never signed the agreement.

The agreement further provided that the venture would buy undeveloped land and hold it for development. The land was purchased, and a deed for the land naming MLP as grantee was executed, delivered, and recorded. In the MLP name, Andy, Ben, and Carol also hired a marketing company, Marketing, to develop a campaign to resell the land as “Metropolitan Estates.”

Two Months after the agreement was executed by Andy, Ben, and Carol, Marketing sued MLP, and Any, Ben, and Carol individually, for nonpayment of amounts due to Marketing for services it had provided to MLP. MLP is unable to pay Marketing because the land, its only asset, has substantially depreciated due to an economic downturn.

Immediately after Marketing filed suit, Andy, Ben, and Carol filed a certificate of limited partnership in the name of MLP in the appropriate state office.

Two weeks after the certificate of limited partnership was filed, Zack went onto the land owned in the name of MLP and fell down an uncovered well. Zack died as a result of injuries suffered in the fall. Zack’s estate has filed a wrongful death action against Andy, Ben, and Carol individually.

1. What type of entity is MLP? Explain.

2. Can Marketing recover from Andy, Ben, and Carol personally for the amounts it is owned by MLP? What steps must it follow if it tries to do so? Explain.

3. If Zack’s estate is entitled to damages, can it recover from Andy, Ben, and Carol personally for the wrongful death claim? What steps must it follow if it tries to do so? Explain.

Posted by Twinette at 04:41 PM

January 06, 2014

WORKSHOP #1 -- REPOST FROM SUMMER 2013

Dear bar candidates:

I have attached the recording of the first bar preparation workshop held on December 20th.

I apologize for the lateness of this post. The IT department let me know that the taping I did on December 20th malfunctioned. Thus, I do not have a current taping for you. I like to have fresh tapes of these every bar study period and I will endeavor to ensure that my next workshop (held on this Friday, January 10th) is recorded and available for you to see. Pleaes use the posting from this summer for this particlaur workshop. The substance is the same, but please ignore dates. The power point I handed out is attached as well.


SIU Bar Prep Workshop #1
Video

PDF Handout

Posted by Twinette at 03:24 PM

FIRST ESSAY OF THE WEEK - WEEK OF JANUARY 6TH - DUE JANUARY 9TH

It's here! Your first essay of the week for SIU's bar program. Please read and follow the directions below.

ESSAY DUE DATE: This essay will be due on FRIDAY - January 9TH.

DELIVERING THE ESSAY TO ME: You may certainly email it to me at tjohnson@siu.edu. If you write, you may scan and email it to me or you may fax it to me at 618 435 3317.

WRITING OR TYPING: Approach these essays (and all your practice essays) in the way that you will for the bar exam. Thus, if you plan to type for the bar exam, then type your answers. If you plan to write, then write your answers to these essay questions. If you write, I will gladly accept scanned electronic copies of your essays.

INCLUDE YOUR NAME AND CONTACT INFORMATION ON YOUR ESSAY: Occasionally, I may have a question about the work you have turned in. Having your contact information helps me to easily get a hold of you if we have any questions about your essay.

ESSAY
BARBRI – PAGE 11 (under TORTS in “Illinois Essay Testing” book)
KAPLAN – PAGE 2 (in “Illinois Essays” book)
THEMIS – Please locate the Feb 2008 TORTS essay in your materials. If it is not available, you may choose any TORTS essay in your materials (please indicate what year the essay was given or supply the question and answer for review) or do the one set out below.

These page numbers are approximate and may have changed. If these page numbers do not correlate with your materials, look specifically for the February 2008 essay in your materials or at NCBEX.ORG so that you can review the answer after you have completed the essay.

FEB 2008 TORTS ESSAY
Last month, Paul attended a fund-raising lunch at Library, where he purchased and ate a chicken salad sandwich. Later that day, he became severely ill and was diagnosed with food poisoning. As a result of the food poisoning, Paul developed a permanent digestive disorder.

Several other people also became sick after eating lunch, and the Health Department determined that the chicken salad was contaminated with salmonella bacteria. According to the Health Department, raw chicken often contains salmonella bacteria. Although the risk of salmonella contamination cannot be eliminated, proper preparation and cooking can ensure that the chicken is safe for eating. The chicken must be thoroughly cooked, and all utensils or surfaces that come in contact with raw chicken must be thoroughly cleaned with hot water and soap before further use.

The Reading Club had initiated and planned the Library’s first and only fund-raising lunch. Ann, Bill, and Chuck independently volunteered to make the chicken salad. Each made a separate batch of salad, using their own recipes and working individually at their own homes. Another volunteer combined the three batches of salad at Library, and a Library employee sold sandwiches at the lunch. All lunch profits went to Library.

Ann, Bill, and Chuck each purchased their chicken from Supermarket. The chicken was contained in packages labeled with a prominent warning describing the risk of salmonella contamination and the precautions necessary to avoid that risk.

A Health Department spokesperson has said that “Someone who made the chicken salad did not take proper precautions.” Ann, Bill, and Chuck all claim they took the proper precautions.

Paul has consulted an attorney about bringing a tort action against: (1) Library, (2) Supermarket, and (3) Ann, Bill, and Chuck. If Paul can prove only the facts outlined above:

1. Can Library be found liable to Paul under a strict liability theory? Explain.
2. Can Supermarket be found liable to Paul under a strict liability theory? Explain.
3. Can Ann, Bill, and Chuck be found liable to Paul under either a strict liability or negligence theory? Explain.

Posted by Twinette at 03:09 PM

December 18, 2013

WELCOME TO SIU WINTER BAR PREP 2013-14!!!

To help you prepare for the upcoming February 2013 bar exam, SIU will offer several supplementary services. As I mentioned during your exit interviews and in subsequent correspondence, I, with the help of Professor Heidi Ramos, will work diligently this winter to help you succeed on the bar exam.

THERE'S NO TIME LIKE THE PRESENT!
Already, you should be engaged in bar study as your commercial bar prep provider has probably provided a schedule suggesting how you should begin. Please make sure you are completing the tasks as they have been assigned. You want to get started on time and stay on task so as not to fall behind.

FIRST WORKSHOP - December 20th - 10:00 am - room 206
The workshop will focus on Scheduling and Multiple Choice Strategies. The goal here is to supplement what you will receive in your commercial bar prep course by offering advice and strategies regarding scheduling and multiple choice test taking and studying.

If you cannot make it, a recording of this workshop will be available on this blog site. Please note that I do not post the videos myself and so I can not be certain when they will be posted, but if you are subscribed ot the blog feed, you will receive an email when anything is posted here.

Please try to avail yourselves of these services. We have found over the years that students who participate in supplemental programs such as these greatly increase their chances of success on the bar exam.

WEEKLY ESSAY
The first weekly essay will be posted to this blog. Again, if you subscribe to the blog fee, you won't miss it. It is scheduled for the week of January 6. It will be posted on Monday, January 6th and will be due by Thursday January 9th. It will be returned to you by Tuesday, January 14th. We'll begin the weekly MPTs starting the week of January 27th, but don't let that stop you from working them!

IF YOU'RE THINKING IT'S TOO EARLY TO START WRITING ESSAYS (OR EVEN DOING MULTIPLE CHOICE PROBLEMS), READ BELOW
You may be thinking you are not ready to write an essay. But, you have to adjust your thinking on this when it comes to bar study. You should work problems EVERY SINGLE DAY. Let me say it another way. DO NOT LET A DAY GO BY WITHOUT YOU WORKING PROBLEMS. Working the problems often is not only about testing your knowledge, but testing your process. If you work problems consistently throughout bar study, you will know whether you have outlined the materials appropriately, whether you can write a good essay in the allotted time (30 minutes for Illinois and Missouri), whether you need to change your approach to how you are studying, whether you can detect the nuances in multiple choice questions, etc.

You do not want to discover these problems in the last few weeks of study. You want to note your problems early, fix them and then work more problems to make sure you are on track in terms of your ability to effectively answer bar exam questions. I'll discuss more on how you incorporate this constant practice into your study schedule during the December 20th workshop.

I hope you let us help you in the process by submitting a weekly essay (and MPT when we start) to us. You'll be doing essays daily anyway so why not submit one to us once a week for useful feedback.

That's all for now. Don't forget to subscribe to the feed and check back for the first essay assignment!

Posted by Twinette at 11:54 AM

July 15, 2013

SEVENTH AND FINAL ESSAY OF THE WEEK- DUE JULY 18TH/2ND AND FINAL MPT OF THE WEEK - DUE JULY 21

strong>ESSAY DUE DATE: This essay will be due on this coming Thursday - July 18th. Essays with comments and rubrics will be returned to you by Tuesday, July 22nd via email. This is your final essay of the week although we will have a morning simulation on on July 22nd which will give you the opportunity to write three more essays and an MPT.

MPT DUE DATE: This MPT will be due on Monday - July 21st. They will be returned as soon as possible.

Please note that you do not have to do both the essay AND MPT to receive comments. I encourage you to do both, but if you prefer to do only one, that is acceptable.

DELIVERING THE ESSAY/MPT TO ME: You may certainly email it to me at tjohnson@siu.edu. If you prefer to send me a hard copy, slip the paper under my door (room 230) or give it to my secretary (Ms. Carol Manis in room 243). If you slip it under my door or give it to my secretary, you should let me know that you have done that.

WRITING OR TYPING: Approach these essays/MPTs (and all your practice essays/MPTs) in the way that you will for the bar exam. Thus, if you plan to type for the bar exam, then type your answers. If you plan to write, then write your answers to these essay questions/MPTs. If you write, I will gladly accept scanned electronic copies of your essays.

INCLUDE YOUR NAME AND CONTACT INFORMATION ON YOUR ESSAY/MPT: Occasionally, we may have a question about the work you have turned in. Having your contact information helps us to easily get a hold of you if we have any questions about your essay.

ALL STUDENTS / SCROLL DOWN PAST THE ESSAY FOR THE MPT
Essay - CONTRACTS - Please use the July 2007 Contracts riminal Law/Procedure essay in your materials. The text of the question is set out below.

Baker is a renowned pastry chef. Café, a sole proprietorship, is a well-known restaurant in need of hiring a pastry chef. Baker and Café’s Owner had extensive conversations regarding Baker coming to work at Café. On May 1, a week after those conversations occurred, Baker sent Café a signed letter dated May 1 stating: “I will work for Café as head pastry chef for two years for an annual salary of $100,000.”

On the morning of May 7, Café Owner telephoned Baker and said: “The $100,000 is pretty stiff. Could you possibly consider working for less?” Baker replied: “I am a renowned pastry chef. I will not work for any less!”

Later that morning, Café’s Owner sent Baker a signed letter by regular mail stating: “You obviously think you are too good for my restaurant. I am no longer interested in hiring you to work at Café.”

Later that afternoon, Café’s Owner had a change of heart and sent Baker a registered, express-mail signed letter stating: “Okay, if you really won’t work for less, I agree to pay you the $100,000 a year you demand to work as head pastry chef at Café for two years.”

On May 10, the registered, express-mail letter was delivered to Baker’s office. The regular-mail letter containing the rejection was still on its way. Baker accepted delivery of the registered, express-mail letter from the postal carrier and placed it on his desk without opening it.

On May 11, before Baker read the registered, express-mail letter on his desk, he accepted an offer to work for Restaurant. As a courtesy, Baker called Café’s Owner and said, “Sorry, I just took a job at Restaurant. Too bad you couldn’t afford me.” Café’s Owner responded, “You can’t work for Restaurant, I already accepted your offer to work at Café for $100,000 a year.”

Does Café have an enforceable contract with Baker? Explain

MPT ASSIGNMENT

MPT - WHITFORD v. NEWBERRY MIDDLE SCHOOL DISTRICT - Please use the February 2002 MPT Whitford v. Newberry Middle School District. The text of the MPT WILL NOT be set out below so please consult your materials.

Posted by Twinette at 05:37 PM

HOW TO PLAN YOUR FINAL DAYS OF STUDY

strong>FINAL DAYS STUDY PLAN

At this point, now that your bar courses are over (or almost over), you are all putting together your study schedules for the final days before the bar exam. You may already have a plan in place. If you do, that's great and I encourage you to use what works for you. If you do not, here's some advice as you go through that process:


FINAL DAYS SCHEDULE REVIEW: IF YOU WOULD LIKE ME TO REVIEW YOUR FINAL DAYS SCHEDULE, PLEASE EMAIL IT TO ME AND I WOULD BE HAPPY TO DO SO.

1. Assess each subject and truthfully say where you are with the subject. This will help you determine how much time to spend on the particular subject during your final study period. Please note that your plan will be to review everything in the final study period. The assessment just tells you how much time you need to spend on each subject to be ready for exam.

2. How should you assess each subject? You can use whatever method works best for you. If you do not have a method, consider asking yourself literally where you are on each subject. Are you there? Are you almost there? Are you nowhere?

There = If the bar exam was tomorrow, you'd feel confident about the subject and your ability to test competently in it. You don't have to be perfect to be "there." But the general feeling should be that you understand the topic and feel good about being able to answer a question on it (essay or multiple choice.

Almost there = You understand the topic, but there are a few aspects of the topic that are still giving you trouble. There are still aspects that you have not memorized and that you are unsure you would be able to spot or write about on the exam. You can see the light at the end of the tunnel, but you need to hone in on a few aspects.

Nowhere = You do not feel confident on the topic because there are several aspects that you do not understand and need to assimilate/memorize before the exam.

For most students, the majority of subjects will fall in the "almost there" pile with a few subjects falling in the other piles. But remember that this about truth - on both ends! Be honest as to what you feel ready for and what you don't. In this way, you'll make the final schedule that is right for you.

3. Timing In organizing your study schedule, try to organize your review of those topics in terms of the amount of work you need on them (i.e., you'll need more time on a subject you are "almost there" on than one you are "there" on). Try to arrange the schedule so that you have enough time to review all subjects. For instance, there may be some subjects you need to spend half or a whole day on while others could be taken care of in three hours.

4. What should the reviews look like? Think about what you need. Do you still need to memorize? Do you need to work questions? And the answer to do you need to work questions is YES! Any review should really include both. Make sure that you are remembering the law (memorizing) and that you know how to use it (working questions). This is pivotal.

Other things to incorporate in your schedule

1. Don't forget your MPT. If you are still having timing and organization issues, keep working them. In any event, before you conclude your work on MPTs, make sure you read through all the different types of tasks you could be asked to do. Each one tests the same skills, but you don't want to be "shell shocked" if, during the actual exam, you are given a task you've never practiced before.

2. Essay reverse outlining/writing. You may know the law, but you still may be struggling with when to use it and how much to use. In addition to writing essays, reading over additional essays can help you to overcome this. To do this, read the essay question. Pay attention to the call of the question. Then read the answer. Pay attention to the content of the answer given in response to the question call (i.e., what law is discussed and the order it is discussed in). This will help you to see how issues are tested and what the bar examiners are looking for in asking certain questions.

3. Multiple Choice. Stay nimble here by continuing to work multiple choice problems. Continuing to read the answers will help you to understand how to work the problems and will also help you in understanding the nuances of law. If you have run out of questions, you can purchase actual questions (written by the bar examiners) from the NCBEX.ORG website.

Weekend before the bar If you would feel more comfortable having another round of review after this final review, be sure to save the weekend before the bar to go back through everything. This is not a must but an option to consider.

Other advice on a final days study plan This is just one method. If you have another that works best for you, that's what you should use. Students, who have passed, have used a variety of methods so don't be afraid to choose what works for you.

More help on this If you need more help on putting a schedule together or if you have any questions or concerns, feel free to contact me. I am also available by phone, email, Skype, etc.

IF YOU WOULD LIKE ME TO REVIEW YOUR SCHEDULE, PLEASE EMAIL IT TO ME AND I WOULD BE HAPPY TO DO SO.

Posted by Twinette at 05:31 PM

July 11, 2013

ALTERNATIVE ESSAY FOR WEEK 6 - DUE FRIDAY, JULY 12TH

Some of you indicated that you have completed the crim law/pro essay I posted earlier in the week. You may feel free to do this family law essay instead. You can turn it in tomorrow any time if that helps you to get it done. Please note that you may only do one of the essays for this week - the crim law/pro one or this family law one.

Essay - FAMILY LAW - Please use the February 2009 Family Law question contained in your materials. The text of the question is set out below.

Fourteen years ago, Mom and Dad had a brief romance while Dad was on vacation in State A, where Mom lived. Nine months after Dad returned to his home in State B, Mom telephoned Dad. Mom told Dad that she had just given birth to Child and that Dad was Child’s father. Mom also told Dad that, if he would agree to waive his right to establish his paternity of Child, she would sign a release waiving all rights to seek child support from him. Dad agreed to Mom’s proposal, and they signed a written contract containing the terms outlined by Mom.

Mom is a college graduate and had an excellent job when Child was born. However, she has developed a chronic disease and is no longer able to fully provide for herself and Child, now age 14.

Mom brought an action against Dad is State A seeking to establish his paternity of Child and obtain child support, claiming that the contract waiving her right to child support is unenforceable. She served Dad by registered mail in State B, where he has continued to live since Child’s birth. Dad has not visited State A since his vacation there more than 14 years ago and has never met Child.

State A’s long arm statute provides that a court has personal jurisdiction over an alleged parent for purposes of determining paternity and support obligations if the alleged parent “engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse.”

Dad moved to dismiss Mom’s petition on the ground that the State A court’s assertion of personal jurisdiction over him to determine paternity and child support would violate due process requirements. The trial court denied the motion, and Dad entered a special appearance, preserving his right to appeal on the jurisdictional claim.

On the merits, Dad argues that the contract he and Mom made shortly after Child’s birth should be enforced. In the event that the court declines to enforce the contract, Dad argues that the equities of the case require that the value of any child support awarded to Mom be calculated based on state public assistance benefit levels or, in the alternative, that he be awarded custody of Child. Dad also seeks liberal visitation with Child in the event that the court awards custody to Mom.

1. Was the court’s assertion of personal jurisdiction over Dad to determine Dad’s paternity and support obligations consistent with due process requirements? Explain.

2. Assuming the court has personal jurisdiction over Dad, how should the court rule on the child support, custody, and visitation issues? Explain

Posted by Twinette at 05:10 PM

July 09, 2013

SIXTH ESSAY OF THE WEEK- DUE JULY 11TH/ FIRST MPT OF THE WEEK - DUE JULY 15TH

strong>ESSAY DUE DATE: This essay will be due on this coming Thursday - July 11th. Essays with comments and rubrics will be returned to you by Tuesday, July 15th via email.

MPT DUE DATE: This MPT will be due on Monday - July 15th. They will be returned as soon as possible.

Please note that you do not have to do both the essay AND MPT to receive comments. I encourage you to do both, but if you prefer to do only one, that is acceptable.

DELIVERING THE ESSAY/MPT TO ME: You may certainly email it to me at tjohnson@siu.edu. If you prefer to send me a hard copy, slip the paper under my door (room 230) or give it to my secretary (Ms. Carol Manis in room 243). If you slip it under my door or give it to my secretary, you should let me know that you have done that.

WRITING OR TYPING: Approach these essays/MPTs (and all your practice essays/MPTs) in the way that you will for the bar exam. Thus, if you plan to type for the bar exam, then type your answers. If you plan to write, then write your answers to these essay questions/MPTs. If you write, I will gladly accept scanned electronic copies of your essays.

INCLUDE YOUR NAME AND CONTACT INFORMATION ON YOUR ESSAY/MPT: Occasionally, we may have a question about the work you have turned in. Having your contact information helps us to easily get a hold of you if we have any questions about your essay.

ALL STUDENTS / SCROLL DOWN PAST THE ESSAY FOR THE MPT
Essay - CRIMINAL LAW/PROCEDURE - Please use the July 2009 Criminal Law/Procedure essay in your materials. The text of the question is set out below.

John, age 18, and Crystal, age 14, walked into the Mini Mart, a convenience store. They wandered around the store for a few minutes and then walked up to the counter. John had his hand in a leather bag. He stared at the store clerk for about 10 seconds and started to sweat. At this point, Crystal began to cry. She said, “I don’t want to do this,” and ran out of the store. John remained for a few more seconds and then ran out of the store himself. The store clerk immediately called 911 and nervously said, “Two kids were about to rob me, but I guess they changed their minds.”

Three days later, the police came to Crystal’s home, where she lives with her parents. The police told Crystal’s mother that Crystal was a suspect in an attempted robbery and that they wanted to search for evidence. Crystal’s mother asked the police if they had a warrant. They said, “No, but we can get one.” Crystal’s mother let the police in.

When the police searched Crystal’s room, they found John’s zipped leather bag in Crystal’s closet. Without first obtaining a search warrant, or asking Crystal’s mother who owned the bag, the police opened the bag and found a gun and printouts of e-mails from John to a friend. The police read the e-mails, which described John’s plans to rob the Minit Mart with the help of his girlfriend, Crystal.

Crystal later confessed that she and John had planned to rob the Minit Mart store, but that she got scared and ran out of the store. She also said that John gave her the leather bag with the gun after they had left the Minit Mart and told her to “get rid of it.”

John was charged with attempted armed robbery of the Minit Mart store. His lawyer filed a motion to suppress the leather bag and its contents on the grounds that the bag was seized and searched in violation of John’s Fourth Amendment rights. The trial court denied the motion, and the issue was properly preserved for appeal.

At John’s trial for attempted armed robbery, the Minit Mart clerk testified to the facts that he had told the police earlier. Crystal also testified for the prosecution, repeating what she had previously told the police. She also said that the leather bag belonged to John, that she and John had planned the robbery together, that she saw John load the gun and put it in his leather bag before they entered the Minit Mart, and that John’s hand was in the leather bag with the gun for the entire time that they were in the Minit Mart. She testified that she “got scared” when she and John were standing at the counter, which is why she ran from the store. She said that when John got into the car after running out of the store, he said, “Well, that went bad,” and then drove away from the store.

After Crystal’s testimony, the prosecution introduced the leather bag, the e-mails, and the gun into evidence. The court admitted all of the evidence over the objection of John’s lawyer.

John presented no evidence.

At the close of the case, the trial court denied both John’s motion for judgment of acquittal and his request for a jury instruction on the defense of abandonment.

The jury convicted John of attempted armed robbery. Did the trial court err:

1. In denying John’s motion to suppress the leather bag and its contents? Explain

2. In denying John’s motion for judgment of acquittal? Explain

3. In failing to instruct the jury on the defense of abandonment? Explain?

FIRST MPT ASSIGNMENT OF THE WEEK

MPT - A-1 AUTOMOTIVE - Please use the July 2008 MPT - Williams v. A-1 Automotive. The text of the MPT WILL NOT be set out below so please consult your commercial bar course materials materials.

If you do not have this MPT, please let me know to expect a different MPT from you.

Posted by Twinette at 05:52 PM

July 02, 2013

FIFTH ESSAY OF THE WEEK - WEEK OF JULY 1 - DUE ON FRIDAY JULY 5TH (BY 12:00 PM)

ESSAY DUE DATE: This essay will be due on this coming Friday (the due date is extended due to the holiday) - July 5th. Essays with comments and rubrics will be returned to you by Tuesday, July 9th via email.

DELIVERING THE ESSAY TO ME: You may certainly email it to me at tjohnson@siu.edu. If you prefer to send me a hard copy, slip the paper under my door (room 230) or give it to my secretary (Ms. Carol Manis in room 243). If you slip it under my door or give it my secretary, you should let me know that you have done that.

WRITING OR TYPING: Approach these essays (and all your practice essays) in the way that you will for the bar exam. Thus, if you plan to type for the bar exam, then type your answers. If you plan to write, then write your answers to these essay questions. If you write, I will gladly accept scanned electronic copies of your essays.

INCLUDE YOUR NAME AND CONTACT INFORMATION ON YOUR ESSAY: Occasionally, we may have a question about the work you have turned in. Having your contact information helps us to easily get a hold of you if we have any questions about your essay.

ALL STUDENTS
Essay- CORPORATIONS - Please use the February 2006 Corporations Question in your essay materials. The text of the question is set out below.

Green Corporation (“Green”) was properly incorporated in State A. Green’s articles of incorporation authorize 100 shares of common stock (“Common”) and 300 shares of Class A nonvoting cumulative preferred stock (“Class A Preferred”). Each Class A Preferred share is entitled to a quarterly dividend of $1. Green’s articles provide that, if Green fails to pay this dividend for four consecutive quarters, each Class A Preferred share becomes entitled to one vote on all matters voted on at shareholders’ meetings until all arrearages have been paid.

Deb owns all 100 shares of the Common and 100 shares of the Class A Preferred. Ed owns the remaining 200 shares of the Class A Preferred. Neither Deb nor Ed is a director or officer of Green.

Green has been experiencing financial difficulties for some time and has not paid the Class A Preferred dividends for more than four consecutive quarters. On Sept. 2, Green’s board unanimously adopted a proposal to dissolve the corporation. The board then called a special meeting of the shareholders to vote on this proposal. The notice of the special meeting indicated that a special meeting would be held at the corporation’s principal office on October 15. The notice did not state the purpose of the meeting. The notice was sent to Deb. She received it on September 10.

On October 13, two days before the special meeting, Deb and Ed met for dinner. At dinner, Deb asked Ed to serve as her proxy at the special meeting because she could not attend. Ed was surprised because he had not received any notice of the special meeting from Green. Nonetheless, Ed told Deb that he would attend the meeting and vote her shares.

On October 15, at breakfast before the meeting began, Ed first learned of the proposed dissolution of Green. Ed immediately called Deb to inform her of the proposal. Deb directed Ed to vote all of her shares in favor of the proposal. Ed went to the meeting and voted Deb’s shares in favor and his own shares against the proposal to dissolve Green.

1. Was the special shareholders’ meeting called to dissolve Green properly held? Explain.

2. Was the proposal to dissolve Green properly adopted by its shareholders? Explain.

Posted by Twinette at 01:12 AM

June 26, 2013

ADDITIONAL ESSAY FOR 4TH WEEK ESSAY OF THE WEEK - DUE THURSDAY JUNE 27TH

Below is an additional essay for this week. Some of you informed me that your commercial bar provider has already assigned the Evidence question I posted earlier. I am adding the Commercial Paper question as an option. Please note that you are free to turn in either one, but you may only turn in one. Some of you have already turned in your evidence essay and if you have, you are done for the week in terms of turning in an essay to me. But, if you prefer to do something else, you have the commercial paper essay below as an option.

Essay- COMMERCIAL PAPER - Please use the February 2009 Commercial Paper Question in your essay materials. The text of the question is set out below.
Drawer wrote a check, drawn on Bank, to Payee for $3,000 and delivered the check to Payee as payment for services Payee had performed for Drawer. Before Payee had a chance to deposit the check in her bank account, she was robbed at gunpoint by Thief, who took her handbag with the check in it. After Thief discovered payee’s check in her handbag, he used the examples of Payee’s signature on various pieces of identification inside her wallet to create a perfect forgery of Payee’s signature on the back of the check.

The next day, Thief agreed to buy a used car from Seller for $3,000. Thief offered Seller the $3,000 check stolen from payee as payment for the car. Thief told Seller that his friend Payee, owed him $3,000 and had signed the check over to him so that he could use it to pay for the car. Seller was initially reluctant to take the check in payment for the car. However, Thief showed Payee’s driver’s license to Seller, explaining that Payee had lent him her ID while she was at work. Seller saw that the signature on the check matched the signature on the driver’s license, so he was convinced that Thief was telling the truth and that Payee had negotiated the check to Thief. Acting in good faith, Seller took the check in payment for the car, gave Thief the car keys, and signed the certificate of title over to him. Thief drove off in the car.

The next day, Seller took payee’s check to Bank and tried to cash it, but Drawer had stopped payment on the check after payee had told him that the check had been stolen. Accordingly, Bank’s teller refused to pay the check.

Does Seller have a right to recover the amount of the check from any of payee, Drawer, Bank, or Thief? Explain as to each.

Posted by Twinette at 04:11 PM

June 25, 2013

FOURTH ESSAY OF THE WEEK - WEEK OF JUNE 24TH - DUE JUNE 27TH

ESSAY DUE DATE: This essay will be due on this coming Thursday - June 27th. Essays with comments and rubrics will be returned to you by Tuesday, July 2nd via email.

DELIVERING THE ESSAY TO ME: You may certainly email it to me at tjohnson@siu.edu. If you prefer to send me a hard copy, slip the paper under my door (room 230) or give it to my secretary (Ms. Carol Manis in room 243). If you slip it under my door or give it my secretary, you should let me know that you have done that.

WRITING OR TYPING: Approach these essays (and all your practice essays) in the way that you will for the bar exam. Thus, if you plan to type for the bar exam, then type your answers. If you plan to write, then write your answers to these essay questions. If you write, I will gladly accept scanned electronic copies of your essays.

INCLUDE YOUR NAME AND CONTACT INFORMATION ON YOUR ESSAY: Occasionally, we may have a question about the work you have turned in. Having your contact information helps us to easily get a hold of you if we have any questions about your essay.

ALL STUDENTS
Essay - Evidence - Please use the February 2008 Evidence Question in your essay materials. The text of the question is set out below.

Victor was taken by ambulance to a hospital. Standard hospital practice requires the admitting nurse in the emergency room to record all information provided by a patient about the cause of the patient’s illness or injury. Following that practice, the admitting nurse, Nurse, asked Victor: “What happened?” Victor responded: “I was stabbed with a big knife. Dan did it.” Nurse immediately wrote Victor’s statement in the appropriate place in the hospital record.

One week after his hospital admission, Victor unexpectedly died as a result of the stab wound. Dan was charged with Victor’s murder.

When Victor’s wife, Wife, heard of Dan’s arrest, she was shocked. She told Friend, “When Victor and I were alone together in the hospital, he told me who stabbed him, and it wasn’t Dan!” But Wife refused to tell Friend whom Victor had identified as his assailant.

During the trial, in order to prove that Dan stabbed Victor, the prosecutor offered the hospital record made by Nurse that contained Victor’s statement that Dan stabbed him. The prosecutor cannot locate Nurse to testify at trial. Defense counsel objected to admission of the hospital record and the statements in it, but the court overruled the objection.

During the presentation of Dan’s case, defense counsel suggested that Victor had been attacked by Stepson, Wife’s child by a previous marriage. Defense counsel called Wife as a witness and questioned her concerning Victor’s statement to her about the identity of his assailant. Wife refused to answer on the basis of the marital privilege. The prosecutor objected to the questions directed to Wife on the grounds that they sought to elicit hearsay. The court sustained both Wife’s claim of privilege and the prosecutor’s hearsay objection.

1. Did the trial court err in admitting into evidence the hospital record containing Victor’s statement? Explain.

2. Did the trial court err in sustaining Wife’s claim of privilege? Explain.

3. Did the trial court err in sustaining the prosecutor’s hearsay objection to Wife’s testimony? Explain.

Posted by Twinette at 04:23 AM

June 17, 2013

THIRD ESSAY OF THE WEEK - WEEK OF JUNE 17TH - DUE JUNE 20TH

ESSAY DUE DATE: This essay will be due on this coming Thursday - June 20th. Essays with comments and rubrics will be returned to you by Tuesday, June 25th via email.

DELIVERING THE ESSAY TO ME: You may certainly email it to me at tjohnson@siu.edu. If you prefer to send me a hard copy, slip the paper under my door (room 230) or give it to my secretary (Ms. Carol Manis in room 243). If you slip it under my door or give it my secretary, you should let me know that you have done that.

WRITING OR TYPING: Approach these essays (and all your practice essays) in the way that you will for the bar exam. Thus, if you plan to type for the bar exam, then type your answers. If you plan to write, then write your answers to these essay questions. If you write, I will gladly accept scanned electronic copies of your essays.

INCLUDE YOUR NAME AND CONTACT INFORMATION ON YOUR ESSAY: Occasionally, we may have a question about the work you have turned in. Having your contact information helps us to easily get a hold of you if we have any questions about your essay.

ALL STUDENTS

Essay - Agency and Partnership - Please use the July 2009 Agency and Partnership Question in your essay book. The text of the question is set out below.

Six months ago, Andy, Ben, and Carol executed a document entitled “Metropolitan Limited Partnership Agreement” (“the agreement”). Under the terms of the agreement, Andy, Ben, and Carol were to be “limited partners” in the “Metropolitan Limited Partnership” (“MLP”). The agreement provided that each would contribute $500,000 to the venture, which they each did.

The agreement also provided that Warren would be the “general partner” of MLP, but Warren never signed the agreement.

The agreement further provided that the venture would buy undeveloped land and hold it for development. The land was purchased, and a deed for the land naming MLP as grantee was executed, delivered, and recorded. In the MLP name, Andy, Ben, and Carol also hired a marketing company, Marketing, to develop a campaign to resell the land as “Metropolitan Estates.”

Two Months after the agreement was executed by Andy, Ben, and Carol, Marketing sued MLP, and Any, Ben, and Carol individually, for nonpayment of amounts due to Marketing for services it had provided to MLP. MLP is unable to pay Marketing because the land, its only asset, has substantially depreciated due to an economic downturn.

Immediately after Marketing filed suit, Andy, Ben, and Carol filed a certificate of limited partnership in the name of MLP in the appropriate state office.

Two weeks after the certificate of limited partnership was filed, Zack went onto the land owned in the name of MLP and fell down an uncovered well. Zack died as a result of injuries suffered in the fall. Zack’s estate has filed a wrongful death action against Andy, Ben, and Carol individually.

1. What type of entity is MLP? Explain.

2. Can Marketing recover from Andy, Ben, and Carol personally for the amounts it is owned by MLP? What steps must it follow if it tries to do so? Explain.

3. If Zack’s estate is entitled to damages, can it recover from Andy, Ben, and Carol personally for the wrongful death claim? What steps must it follow if it tries to do so? Explain.

Posted by Twinette at 05:38 PM

June 13, 2013

SIU Bar Prep Workshop #3

SIU Bar Prep Workshop #3

Video


PDF Handout

Posted by tfurby at 04:30 PM

SIU Bar Prep Workshop #2

SIU Bar Prep Workshop #2

Video
PDF Handout

Posted by tfurby at 01:39 PM

June 10, 2013

SECOND ESSAY - WEEK OF JUNE 10TH - DUE JUNE 13TH

ESSAY DUE DATE: This essay will be due on this coming Thursday - June 13th. Essays with comments and rubrics will be returned to you by Tuesday, June 18th via email.

DELIVERING THE ESSAY TO ME: You may certainly email it to me at tjohnson@siu.edu. If you prefer to send me a hard copy, slip the paper under my door (room 230) or give it to my secretary (Ms. Carol Manis in room 243). If you slip it under my door or give it my secretary, you should let me know that you have done that.

WRITING OR TYPING: Approach these essays (and all your practice essays) in the way that you will for the bar exam. Thus, if you plan to type for the bar exam, then type your answers. If you plan to write, then write your answers to these essay questions. If you write, I will gladly accept scanned electronic copies of your essays.

INCLUDE YOUR NAME AND CONTACT INFORMATION ON YOUR ESSAY: Occasionally, we may have a question about the work you have turned in. Having your contact information helps us to easily get a hold of you if we have any questions about your essay.

ALL STUDENTS

It is with some trepidation that I post the next essay without an alternate. Some things have changed and I am trying to manage all of the schedules and assignments from various commercial bar graders. With that said, if you have not covered this topic or have had this essay assigned, please let me know and I will post another)

Essay - REAL PROPERTY - Please use the July 2007 Question in your essay book. The text of the question is set out below.

Owen owned vacant land (Whiteacre) in State B located 500 yards from a lake and bordered by vacant land owned by others. Owen, who lived 50 miles from Whiteacre, used Whiteacre for cut-ting firewood and for parking his car when he used the lake.

Twenty years ago, Owen delivered to Abe a deed that read in its entirety:

Owen hereby conveys to the grantee by a general warranty deed that parcel of vacant land in State B known as Whiteacre.

Owen signed the deed immediately below the quoted language and his signature was notarized. The deed was never recorded.

For the next 11 years, Abe seasonally planted vegetables on Whiteacre, cut timber on it, parked vehicles there when he and his family used the nearby lake for recreation, and gave permission to friends to park their cars and recreational vehicles there. He also paid the real property taxes due on the land, although the tax bills were actually sent to Owen because title had not been registered in

Abe’s name on the assessor’s books. Abe did not build any structure on Whiteacre, fence it, or post no-trespassing signs.

Nine years ago, Abe moved to State C. Since that time, he has neither used Whiteacre nor given others permission to use Whiteacre, and to all outward appearances the land has appeared unoc-cupied.

Last year, Owen died intestate leaving his daughter, Doris, as his sole heir. After Owen’s death, Doris conveyed Whiteacre by a valid deed to Buyer, who paid fair market value for Whiteacre. Neither Doris nor Buyer knew of the Owen-to-Abe deed. Both Doris and Buyer believed that Owen was the owner of Whiteacre at the time of his death. Buyer promptly and properly recorded the deed from Doris and immediately went into possession of Whiteacre.

Last month Abe returned to State B. When he discovered Buyer in possession of Whiteacre, he sued Buyer for possession.

State B has enacted the following statutes:
1. Actions to recover possession of real property shall be brought within ten years after the cause of action accrues.
2. No conveyance or mortgage of real property shall be good against subsequent purchasers for value and without notice unless the same be recorded according to law.

Who is entitled to possession of Whiteacre? Explain.

Posted by Twinette at 05:50 PM

June 03, 2013

WEEK OF JUNE 3RD - ADDTIONAL TORTS ESSAY -

Below please find additional TORTS essay for you to turn in for this week's weekly essay. Some of you let me know that the essay I assigned was already assigned by your commercial prep course. This sometimes happens as we are drawwing from the same source of essays - those actually used in previous bar exams. It is however rarely my intention that such overlap occurs. My goal is to give you additional practice and more personal feedback. Thanks to all of you who let me know about this!

If you have already completed the essay I assigned earlier and would like to turn that one in for comments, feel free. If you would like to do this one instead, you of course can. If you would like to do both and turn both in for comments, I will allow that as well due to the mix up. Just remember that anything you turn in will be due by Thursday, June 6th. This will give us enough time to carefully review, comment, fill out the rubric and return by Tuesday June 11th.

Sorry again for the mixup.


ADDITIONAL TORTS ESSAY Please see the Torts essay dated February 2008 in your materials.

Last month, Paul attended a fund-raising lunch at Library, where he purchased and ate a chicken salad sandwich. Later that day, he became severely ill and was diagnosed with food poisoning. As a result of the food poisoning, Paul developed a permanent digestive disorder.

Several other people also became sick after eating lunch, and the Health Department determined that the chicken salad was contaminated with salmonella bacteria. According to the Health Department, raw chicken often contains salmonella bacteria. Although the risk of salmonella contamination cannot be eliminated, proper preparation and cooking can ensure that the chicken is safe for eating. The chicken must be thoroughly cooked, and all utensils or surfaces that come in contact with raw chicken must be thoroughly cleaned with hot water and soap before further use.

The Reading Club had initiated and planned the Library’s first and only fund-raising lunch. Ann, Bill, and Chuck independently volunteered to make the chicken salad. Each made a separate batch of salad, using their own recipes and working individually at their own homes. Another volunteer combined the three batches of salad at Library, and a Library employee sold sandwiches at the lunch. All lunch profits went to Library.

Ann, Bill, and Chuck each purchased their chicken from Supermarket. The chicken was contained in packages labeled with a prominent warning describing the risk of salmonella contamination and the precautions necessary to avoid that risk.

A Health Department spokesperson has said that “Someone who made the chicken salad did not take proper precautions.” Ann, Bill, and Chuck all claim they took the proper precautions.

Paul has consulted an attorney about bringing a tort action against: (1) Library, (2) Supermarket, and (3) Ann, Bill, and Chuck. If Paul can prove only the facts outlined above:


1. Can Library be found liable to Paul under a strict liability theory? Explain.

2. Can Supermarket be found liable to Paul under a strict liability theory? Explain.

3. Can Ann, Bill, and Chuck be found liable to Paul under either a strict liability or negligence theory? Explain.

Posted by Twinette at 07:23 PM

FIRST ESSAY OF THE WEEK! DUE JUNE 6TH

It's here - your first essay of the week for SIU's 2013 summer supplemental bar program! Please read and follow the directions below.

ESSAY DUE DATE: This essay will be due on this coming Thursday - June 6th. Essays with comments and rubrics will be returned to you by Tuesday, June 11th via email.

DELIVERING THE ESSAY TO ME: You may certainly email it to me at tjohnson@siu.edu. If you prefer to send me a hard copy, slip the paper under my door (room 230) or give it to my secretary (Ms. Carol Manis in room 243). If you slip it under my door or give it my secretary, you should let me know that you have done that.

WRITING OR TYPING: Approach these essays (and all your practice essays) in the way that you will for the bar exam. Thus, if you plan to type for the bar exam, then type your answers. If you plan to write, then write your answers to these essay questions. If you write, I will gladly accept scanned electronic copies of your essays.

INCLUDE YOUR NAME AND CONTACT INFORMATION ON YOUR ESSAY: Occasionally, we may have a question about the work you have turned in. Having your contact information helps us to easily get a hold of you if we have any questions about your essay.

BARBRI/KAPLAN STUDENTS (THEMIS students scroll down for your essay directions)

Essay - TORTS- Please use the February 2009 Torts Question in your essay book. The text of the question is set out below.

Penny lives in an apartment on Oak Street across from the Fernbury Baseball Park (“the Park”). The Park is owned and maintained by the Fernbury Flies, a professional minor league baseball team. As she left her apartment building one day, Penny was struck in the head by a baseball that had been hit by Dennis, a Flies player, during a game.

The section of Oak Street that adjoins the Park was once lined with single-family homes. Over the past two decades, these homes have been replaced by stores and apartment buildings, causing an increase in both car and pedestrian traffic on Oak Street.

The ball that struck Penny was one of the longest that had been hit at the Park since its construction 40 years ago. During the last 40 years, Flies’ records show that only 30 balls had previously been hit over the Park fence adjoining Oak Street. Fifteen of the balls hit out of the Park onto Oak Street were hit during the past decade.

The Park is surrounded by a 10-foot-high fence, which was built during the Park’s construction. All other ballparks owned by clubs in the Flies’ league are surrounded by fences of similar type and identical height. These fences are typical of those used by other minor league teams in the United States. However, in Japan, where ballparks are often located in congested urban neighborhoods, netting is typically attached to ballpark fences. This netting permits balls to go over a fence but captures balls before they can strike a bystander or car.

After being struck by the ball, Penny was taken by ambulance to a hospital emergency room. After tests, the treating physician told Penny that she had suffered a concussion. The physician prescribed pain mediation for Penny. However, because of a preexisting condition, she had an adverse reaction to the medication and suffered neurological damage resulting in the loss of sensation in her extremities.

Penny has sued Dennis, the player who hit the baseball that struck her, for battery and negligence. Penny has also sued the Fernbury Flies. She seeks to recover damages for the concussion and the neurological damage resulting from the medication.

1. Does Penny have a viable tort claim against Dennis? Explain.

2. Does Penny have a viable tort claim against the Fernbury Flies? Explain

THEMIS STUDENTS

Essay - PROPERTY - Please use the February 2009 Property Question in your essay materials. The text of the question is set out below.

Several years ago, Parent, the record owner of a farm in fee simple absolute, conveyed the farm as a gift “jointly in fee to my beloved daughters, Jessie and Karen, equally, to share and share alike.” Parent delivered the deed to Jessie and Karen. The deed was never recorded.

Two years ago, Jessie borrowed $60,000 from Credit Union, securing the loan by granting Credit Union a mortgage on her interest in the farm. Credit Union properly and promptly recorded the mortgage.

Six months ago, Jessie validly contracted to sell her one-half interest in the farm for $90,000 to Buyer, who was very anxious to acquire Jessie’s interest. Buyer paid Jessie $40,000 as earnest money and agreed in the contract to accept a deed with no warranties of any kind and to accept the title regardless of whether title was marketable. Buyer had no actual notice of the mortgage Jessie had granted to Credit Union.

Two months ago, before closing the sale with Buyer, Jessie died, survived by Karen. At the time of Jessie’s death, the loan secured by Credit Union’s mortgage was still outstanding. Jessie’s will provided: “I give all my real property to Devisee and all of my personal property to Legatee.” Both Devisee and Legatee survived Jessie.

Last month, the executor of Jessie’s estate executed a deed purporting to convey a one-half interest in the farm to Buyer in exchange for the balance of the purchase price.

The jurisdiction has a notice-type recording statute and a grantor-grantee index system.

Did Parent convey the farm to Jessie and Karen as “tenants in common” or as “joint tenants with right of survivorship”? Explain.

Assuming Jessie and Karen acquired a joint tenancy with right of survivorship in the farm, what are the rights, if any, of Karen, Credit Union, and Buyer in the farm? Explain.

Assuming Jessie and Karen acquired a joint tenancy with right of survivorship in the farm, who is entitled to the balance of the purchase price Buyer paid the executor of Jessie’s estate? Explain.

Posted by Twinette at 02:48 PM

May 29, 2013

SIU Bar Prep Workshop #1

SIU Bar Prep Workshop #1
Video

PDF Handout

Posted by tfurby at 03:51 PM

May 19, 2013

SIU SUMMER SUPPLEMENTAL BAR PREP COMING SOON!!!

SIGN UP FOR THE BLOG SO THAT YOU WON'T MISS A THING!

Posted by Twinette at 08:31 PM