NY BAR REVIEW 27

Question 1

essay

Answer 1

40 mins

Question 2

mpt

Answer 2

90 mins

Question 3

essay

Answer 3

legal conclusion are reasoning = BECAUSE
legal issue
rule of law - statutory law = ny statutory law or common law = ny law / which elements present / absent / rights/ duties / liabilities / remedies - legal or equitable / conditions precedent
analysis as to material facts - parties’ status, parties’ relationship, material facts to support
legal conclusion are reasoning = BECAUSE
it should be noted
i believe

Question 4

essay parties

Answer 4

legal status of each

Question 5

parties

Answer 5

rights
duties
liabilities
remedies

Question 6

parties’ terms

Answer 6

plaintiff

defendant

Question 7

whether ____ or _______applies to question

Answer 7

statutory rule of law

common law rules

Question 8

paragraph at end of essay

Answer 8

it should be noted

Question 9

legal statuses list for parties

Answer 9

a. fiduciary / non fiduciary
b. merchant / non merchant
c. domiciliary / non domiciliary
d. distributee
e. general agent
f. special agent
g. foreign corp
h. undisclosed principal
i. surety
j. third party creditor beneficiary
k. infant / adult
l. interested witness
m. tortfeasor
n. partner
o. mortgagor
p. director
q. officer
r. promoter
s. agent
t. principal
u. surety
v. executor
w. trustee
x. endorser
y. licensee
z. assignee
1. accomplice
2. bailor
3. bailee
4. carrier
5. lender
6. borrower
7. negligent / non negligent
8. privity of contract / no privity of contract
9. distributee / non distributee
10. interested witness / disinterested witness
11. solvent / insolvent
12. secure / unsecured
13. common law / statutory law
14. alive / dead
15. 3rd party beneficiary / 3rd party incidental beneficiary

Question 10

legal terms must be

Answer 10

defined

Question 11

which __, if applicable, governs the essay

Answer 11

statute

Question 12

i ____ pl will prevail

Answer 12

believe

Question 13

never use the word ____

Answer 13

if

Question 14

2 types of law

Answer 14

1. ny statutory law

2. ny law (common law)

Question 15

legal terms

Answer 15

a. jointly and severally liable or jointly liable
b. laches
c. goods
d. quorum
e. consideration
f. marketable title
g. good faith
h. contribution or indemnification

Question 16

what types of remedies does the party have?

Answer 16

1. legal

2. equitable

Question 17

what ____ MUST be satisfied BEFORE party has right /remedy / liability?

Answer 17

conditions precedent / requirements

Question 18

what is specific performance?

Answer 18

for buyer to obtain the same for a sale of goods contract, MUST prove goods are unique / that there are other proper circumstances - inability to cover / purchase substitute goods

Question 19

how to enforce a guaranty ag a guarantor?

Answer 19

creditor MUST prove guaranty is supported by consideration AND guaranty satisfies NY STATUTE OF FRAUDS - MUST be in writing and signed by party to be charged or their lawful agent

Question 20

how do you timely commence a wrongful death action?

Answer 20

distributees of decedent - MUST be commenced w/in 2 years from date of his death,provided statute of limitations on decedent’s survival claim hasn’t expired as of date of his death

Question 21

state the ____ of the applicable / governing rule of law

Answer 21

ELEMENTS - which are present, which are absent

Question 22

assuming statute of limitations did NOT bar pl’s action, he would have what?

Answer 22

right to recover

Question 23

assuming oral contract was enforceable, buyer would have what?

Answer 23

following rights and remedies ag seller

Question 24

assuming wife satisfied durational residency requirements, her action for divorce would be what?

Answer 24

NOT dismissed for failure to state a cause of action and she could maintain her matrimonial action ag her husband and obtain maintenance, child support , and equitable distribution of marital assets

Question 25

after stating applicable rule of law - common law or statutory law, ALWAYS state what?

Answer 25

IN THE ABSENCE OF CONTRARY AGREEMENT / PROVISION = statutory / common law rule of law CAN be trumped by contrary agreement / provision made by parties

Question 26

pl timely commenced action ag def

Answer 26

BECAUSE - state facts / dates

Question 27

def was guilty of felony murder

Answer 27

BECAUSE - state facts / dates

Question 28

2 important words

Answer 28

material | reasonable

Question 29

modification agreement entered into by parties was / wasnt supported by consideration

Answer 29

BECAUSE - state facts

Question 30

attesting witness to testator's will was interested witness

Answer 30

BECAUSE - state facts

Question 31

persuasive docs

Answer 31

1. memo of points and authorities / brief in support of motion 2. trial brief 3. appellate brief 4. memo to judge 5. theory of case memorandum 6. letter to opposing atty 7. position paper , persuasive letter to agency 8. opening sttmt 9. closing argument

Question 32

objective docs

Answer 32

1. memorandum of law 2. client letter 3. jury instructions 4. affidavit

Question 33

discovery docs

Answer 33

1. interrogatories 2. depositions 3. requests for admission 4. requests for production of docs and things for inspection 5. requests for physical / mental exam

Question 34

client's what?

Answer 34

GOALS

Question 35

client options / courses of action

Answer 35

1. litigation 2. alternative dispute resolution options 3. non legal options

Question 36

conflict of interest causes to?

Answer 36

1. withdraw 2. disclose and obtain consent 3. seek advice from other atty

Question 37

what does closing argument consist of?

Answer 37

how evidence presented meets legal standards which are or will be set forth in jury instructions. communicate w laypeople. help them understand how law relates to facts presented, and persuade them that they have no choice but to find for my client. 1. state explicitly ultimate facts that jurors MUST find in order for my c to prevail 2. organize evidence in support of ultimate facts 3. incorporate relevant legal principles / jury instructions into argument 4. discuss sufficiency of evidence and credibility of witnesses 5. draw reasonable inferences from evidence to support positions i have taken 6. anticipate opposing counsel's arguments and point out weaknesses in their case 7. refer to equities / policy considerations that merit finding for my c