2008 PREMIER MBE PMBR BAR EXAM OUTLINES- i scored 175
Books :: Textbooks, Education
2008 PREMIER MBE PMBR BAR EXAM OUTLINES- i scored 175
These are THE BEST Multistate Outlines available on E-bay TODAY! Please Read My Feedback and Bid With Confidence! MULTISTATE BAR OUTLINES -- ALL MBE SUBJECTS ARE INCLUDED. They are VERY DETAILED and have been updated for the 2008 BAR Exam. I prepared them from the PMBR outlines and tapes, Micromash, Bar Secrets and Barbri. They are an invaluable tool for you to PASS the MBE Portion of the Bar exam. Includes ACTUAL ANSWERS from recent MBEs!!!! Shipping is FREE! This is a complete set of outlines for the Multistate Bar Exam. I took the Bar Exam so I am certainly aware that studying for the bar exam can be very overwhelming - especially if you are studying for a very difficult exam. I have spent countless hours on these outlines making the vast amount of material you need to know manageable. In essence, it’s everything you need but nothing you don’t. I gathered all of the material for these outlines from various sources including: 1) I took the full Bar Secrets and PMBR Live prep courses 2) I also utilized all of the books, outlines, and other materials provided by Bar Secrets, Barbri and MicroMash. 3) PMBR CDs (all of the MBE subjects) and outlines All of the above materials cost me over $5,000.00, not to mention the countless hours I spent putting it all together. After creating the outlines, I spent an enormous amount of time refining them through doing literally hundreds and hundreds of MBE questions (real and practice) and doing all of the released essay questions along with dozens of practice essay questions from the prep courses. As I went through these questions I added supplemental material to the outlines. If I could go back in time and simply study these outlines, I would have saved an incredible amount of time and effort. The outlines are easy to follow. The outlines also make memorization easy by including the acronyms, tips for memorization, and other shortcuts learned in Barbri, PMBR, MicroMash and Bar Secrets. Here are some of the ACCOLADES I received from my previous customers: Just friendly note to let you know that I have now been using your outlines for a couple of weeks and THEY ROCK. You were right: Everything I need to know, nothing I don't.Time and time again I find myself stuck on an issue, only to glance at your outline and find the perfect -- and perfectly organized -- answer. Thank you. Thank you for making the many hours of your labor available. $29 is an absolute steal.Your product stands alone among commercially available outlines.All the best, Ryan You have saved my life! Thanks!!!!! Tania They are fabulous! Wow. This is incredibly helpful. Thank you so much. I truly appreciate your help. Nancy Fast response and the outlines look great! Excellent. Quick. As fabulous as promised! great material! wunderbar! Below are samples of the Property AND Contracts outlines that you will be receiving: PROPERTY BAR OUTLINE ESTATES CONCURRENT JOINT TENANCY Creation requires 4 unities [PITT] 4 Unities Time [Ts interests MUST be created at the same time] Title [Ts title must be created from the same instrument ( ex. JT was created in the same deed)] Interest [Ts MUST share identical/equal interests (equal share, duration, etc)] Possession [Ts MUST have equal rights to possess the entire prop] + Right of survivorship (if one T dies -- surviving T gets all of dead T’s interest) [RoS is disfavored – as such requires clear intent] If above reqs not satisfied a tenancy in common is created If the conveyance does NOT contain the words “to A and B as joint tenants” – tenancy in common results. Severable by (1) conveyance/partition § *JT1 enters a K to convey the entire property (voluntary OR involuntary) to a 3rd party -- JT destroyed, JT1’s interest goes to 3rd party but NOT JT2’s – JT2 becomes tenant in common w/ 3rd party [TIC as to conveyed part But JT as to unconveyed portion] · *JT1 conveys just a portion of his interest to a 3rd party -- JT1 remains a JT w/ respect to the non-conveyed portion · *both JTs agree to convey a portion of their interest -- T’s in common w/ new grantee for conveyed portion BUT still JTs w/ respect to non-conveyed portion · suit for partition -- destroys joint tenancy (2) mortgage Lien Theory – NO severance [bank only holds lien] in states where a mtg is considered a lien (majority) -- JT1’s mtg of the property does NOT destroy joint tenancy Title Theory – severance [bank actually holds title to prop] in states where a mtg is considered a transfer of title (minority) -- JT1’s mtg of the property destroys joint tenancy (3) lease CL – yes ML – no [does not severe under Modern law and Cal covers ML] · JT1 leasing the property to a 3rd party -- does NOT destroy joint tenancy (4) agreement (5) death – right of survivorship == cannot will away your JT BUT can sell it TENANCY BY THE ENTIERTY 5 Unities Time Title Interest Possession + Unity of marriage + right of survivorship Severance: Conveyance if BOTH spouses join in Divorce Death = right of survivorship TENENCY IN COMMON Each T owns a distinct, proportionate, undivided interest with NO right of survivorship multiple grantees are presumed T’s in common Ts in common can own unequal shares each T has right to possess all portions but NO right to exclusive possession of any part T in common does NOT own the entire property (unlike JT) -- so each T can convey away their own portion co-T can encumber OR convey his interest but NOT the interests of co-Ts: mortgagee can only foreclose on that co-T’s interest NO right to survivorship (if T1 dies. T1’s heirs get T1’s interest) [can will his portion] NO fiduciary duty owed to co-Ts Termination: Partition - judicial division of land among co-Ts; OR Merger (T1 buys out T2’s portion) Co-Tenants in General restraints on a co-tenant’s right to partition are generally valid b/c co-tenant can always sell his interest co-T that occupies the property owes NO rent to other co-Ts if the co-tenants’ title is foreclosed at a tax sale, cts will find that a fiduciary obligation exists between the co-tenants. – if one co-tenant buys the property at such a sale, the other co-tenant can acquire the same interest they previously held by promptly paying their contribution – this is particularly true where co-tenants are related. RIGHTS AMONG CO-TENANTS Accounting One co-T does NOT have to account for profits UNLESS (1) Ouster [was kicked of prop when asserted right to come on prop] (1) notice of repudiation of common title (2) deprive of possession (3) NO AP unless ouster [when parties are co-Ts] T1 need NOT share profits from his own use (T1 opens business on part of land) of the property w/ T2 (unless T1 wrongfully ousted T2) (2) Agreement to share [co-T in possession has right to profits] (3) Lease to 3rd party [can get accounting for lease] T1 must share rents from 3rd parties w/ T2 (4) Depletion/exploitation of natural resources copper mine – if copper mine is used before they move into prop [already open] & he just continues to use – does NOT have to account BUT if he opens mine then HAS to account T1 must share net profits from exploitations of land (mining) [farming is NOT a depletion of natural resources] K BAR OUTLINE General: 1. six areas that can be asked about on the exam: a. did the parties form an agreement? (offer & acceptance) b. is that agreement a K? (consideration) c. do terms give rights or impose duties on 3rd parties? (3rd party Bs / assignment / delegation) d. have the performance obligations matured? (conditions) e. if they have matured, has performance been excused? (defenses) f. if performance is not excused, there is a breach, discuss remedies? (damages) 2. cts always prefer to find that there is a K 3. contract and agreement are NOT the same thing .. a K is legally enforceable and an agreement may not be CL or UCC (Art. II): CL Ø Applies to service and all other Ks [services, real estate, intangibles (lending $ to buy goods is CL)] UCC Ø UCC applies to Ks for the sale of goods, which are movable personal prop at the time of identification to the K. Merchants Ø The UCC has special rules for merchants. Ø A merchant is a person who deals or has special knowledge of the kind of goods involved in the transaction. Ø A merchant’s firm offer [must be in writing & signed by merchant] is non-revocable for 90 days. GOODS/SERVICE K · In order to determine if CL or UCC applies look what is the § Predominant factor § Gravaman of the injury [i.e. was P injured by the service or the good] § Broker = service even if finds buyer for seller’s goods FORMATION Valid K Ø A valid K requires 3 elements - offer, acceptance, and consideration, no defenses Offer ELEMENTS: objective present intent to contract + definite & certain terms + communicated to offeree: Ø Intent: Ø words OR conduct (objective) Ø must be present intent to contract Ø An offer is a manifestation of present intent to enter a bargain, communicated to an offeree in definite and certain terms. Ø An offer confers the power in an offeree to create a contract by taking specific action. Ø Offeror must have present intent to contract Ø Offer must include – parties, subject matter/quantity, time, price · CL – must include price [landsales, services] · UCC – offer does NOT need to state price, ct will set reasonable price based on past perf. and trade custom. Offer must be Communicated: if X leaves offer on his desk and Y sees it .. NO offer Ø Normally, public advertisements are not considered offers, but rather invitations or proposals soliciting offers. Ø Under the objective theory, definite terms usually indicate to an ordinary person that she would have the power to create a contract by taking specified action. Ø *all elements considered objectively (“Objective Theory of Ks” - would reasonable person think it was an offer) Ø X selling goods at auction is NOT bound to sell to highest bidder unless X advertises that auction is “without reserve” UCC Ø Under UCC the only essential term of an offer is the quantity term. Ø Under the UCC the ct can use gap fillers to fill in missing terms based on course of performance [parties have been performing all along- performance K], course of dealing, trade usage [standard of industry], and principles of good faith and fair dealing. Requirements K – the quantity term is the buyer’s requirements or needs of some goods [consideration in requirements K is good faith] Output K – quantity term is the seller’s output of some good Termination of Offer PRIOR to acceptance Offeree can accept anytime until offer is terminated [offeree must know of termination/revocation] EXAMPLES 1. S offers to sell car to B for $400, next day sells to X: Ø B can still accept (won’t get car, only damages) Ø b. B can NOT accept if B saw X driving S’s car 2. revocation effective on receipt: S sends revocation Monday, B accepts Tuesday, B receives revocation on Wednesday .. offer is accepted Revocation of Offer Ø revocation is a statement that an offer may no longer be accepted. It is effective upon receipt by offeree. Ø offeree can accept anytime until offeror revokes the offer: o unambiguously revokes the offer; AND o offeree knows of cancellation Irrevocable Offers Ø Offeror can NOT revoke in any of following: § Estoppel / Reliance: · offeree relied on the offer (moved to NY to accept job); AND · offeree’s reliance was foreseeable Ø Under CL offers are freely revocable UNLESS : · (1) option [involves a promise to keep the offer open AND this promise is supported by consideration (e.g. $10)]; CL (rent house w/ option to buy/ option forms consideration and is not revocable) § An option K [consideration is paid for the promise to keep the offer open] is an irrevocable offer under CL & it requires consideration to be enforceable. · (2) unilateral [part performance creates option K], - offeree already started performance – mere preparation not enough (i.e. buying paint) · (3) detrimental reliance – an offer cannot be revoked if there has been detrimental reliance by the offeree that is reasonably foreseeable (e.g. general contractor relying on sub’s bid) · UCC: - firm offer – signed, written promise to keep the offer open by merchant is irrevocable w/o consideration for a reasonable time [max 90 days] [Merchant Firm Offer Rule] Offeror can revoke offer by: · Words or conduct § Unambiguous statement to the offeree of unwillingness or inability to contract. § Unambiguous conduct by the offeror indicating an unwillingness or inability to contract. · In both instances, offeree must have awareness. Revocation is effective when received. | ||||||||||||||
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