2007-02-28 - 6:35 a.m.
5 minute BAR EXAM update:
I FEEL VERY GOOD ABOUT THIS
QUESTIONS I NAILED DEAD ON:
1. Corporate essay regarding contract formation w/ individual who was not agent, embezzlement of funds as unauthorized, ditzy sole proprietor owner which was just a hilarious question all around and actually very entertaining. I don't know if I was the only one having fun during the exam but I did have to make sure not to laugh too loud and disturb others as I read that question
(AND with strange irony in my life experiene that question was all too familiar. AND JUST LIKE IN LIFE the well intentioned employee who was so silly in doing things out of scope was a GOOD PERSON which is what I just loved about the question! So I got to include in my answer how the albeit ditzy employer also demonstrated her temperance as she COULD have followed up on embezzlement charges but it seemed appropriate in that case she corrected the errors in other more reasonable ways)
2. Secured transactions scenario of calling note and security agreement and dealting with contract issue of assigment
Crazy but true contracts was my BEST class in law school
(HA HA also a hilarious question to me as Westley called the NOTE for our FARM when neither he nor I had repayed loan and DEFAULTED .... HMMMM I now realize that I NAILED that QUESTION but that in REAL LIFE I COULD HAVE STOPPED THE PICKING UP AND SELLING OF THE FARM EQUIPMENT AS I DON'T BELIEVE HE ACTUALLY FILED THE SECURITY AGREEMENT WITH THE LOCAL CIRCUIT COURT TO PERFECT IT INTO A JUDGEMENT.... OOPS Well I forgot that detail when talking to the Sheriff the night he took off with the farm equiptment and sold it... but I didn't forget it on the exam. In life as the JOINT NOTE HOLDER I never did get the proceeds of that sale... but what I am REALLY HERE TO write about is just how DAMN EASY THE BAR EXAM Seemed as just like I suspected there wasn't ONE question on here yet more complicated than these REAL LIFE scenarios I unfortunately have lived and learned through)
3. ALSO LEGALLY NAILED another question of which there was only one means a dude could have protected himself against the opposing parties affirmative defense which would have been to TAKE ACTION against his wife who deposited a check in his name to their joint acct. (PROACTIVELY IN PREPARATION FOR LITIGATION!) I indicated it was likely not going to be effective as would appear disingenuous considering in the past he allowed her to do so. Only concern with my answer is that the irony and humor or it as being tongue in cheek to EVEN NOTE THAT AS A LEGAL POSSIBILITY may not be clear in the short space of exam and I think I failed to state the interest in his marriage should indeed be of greater value than the one issue he was litigating! OOPS THAT HAS BEEN A PROBLEM IN THE PAST AS I FAIL TO STATE WHAT I THINK OBVIOUS Hope that is clear or they might just think me a nut for even identifying that he really does have that defense! ( But I think they will get it was tongue in cheek and really just identifying the issue and not ADVOCATING it.... although I think the nuances of this particular BAR EXAM were just SO WONDERFUL AS THE EXAMINERS ARE CLEARLY INTENTIONALLY DESIGNING QUESTIONS THAT HELP THEM IDENTIFY THOSE WHO ARE NARROW IN THEIR BRAIN FUNCTIONS SO CAN NAIL THE LAW WITHOUT ANY EMPATHY OR COMPASSION OR HUMANE CONCERN. In retrospect I think that question is in fact MORE IMPORTANT for weeding out those who could pass the BAR but who are indeed TWISTED in ethics in a way. I wonder if the get someone who really argued for that defense and I am SURE if so it will be a big red flag...
4. Wills and Estate Question:
Ironic also that both my best law school,social worker yearning to save the world, manic depressive, wonderful friend and I who don't give a damn about WILLS AND ESTATES just GOT IT when studying this in class years ago. I STILL GET IT.
OOPS SO MUCH FOR 5 minute update. That reminds me I ate breakfast but need to take that ADDERALL
IT WAS THE FIRST TIME I REALLY COULD SIT STILL AND DIDN'T HAVE TO GET UP EVERY 15 or 20 MINUTES TO GO WALK AROUND SO I DIDN'T FALL ASLEEP
SCARY THAT SOME OF THE BAR EXAMINERS REMEMBERED ME. DOESN'T MATTER AS EXAMS ARE BLIND WITH A #
THE SAME DRY WITTY OLD GUY WAS THERE AS ALWAYS. THAT IS SCARY THAT HEARING HIM GIVE THE WRY JOKES THAT ARE FAMILIAR WAS NOSTALGIC
ITS SCARY WHEN I FELT LIKE I WAS IN A OLD FAMILIAR PLACE SEEING THESE PEOPLE I ALMOST FELT LIKE I KNEW WHO I HAVEN'T SEEN IN A WHILE..... WHEN THE BAR EXAMINERS FEEL LIKE ACQAINTANCES .... AND THE BAR EXAM ITSELF IS THE ONE SOCIAL OUTING IN YOUR LIFE...THATS A REAL INDICATION ONE NEEDS TO GET OUT MORE
ITS AN INDICATION THAT ONE NEEDS TO GET A LIFE SO TO SPEAK
IN that sense I AM GETTING A NEW LIFE
A HEALTHY FUNCTIONAL ONE.
THIS IS THE LAST TIME I WILL SIT FOR THE BAR EXAM
I AM SURE OF IT
I AM SURE THERE IS NO WAY I WON'T PASS
ITs the firt time I really understood all the questions.
And its the first time that I traveled for it that IT WAS NOT THE ONLY TIME GETTING OUT OF MY HOUSE AND INTO THE WORLD
When I took it the first time in 2000 I hoped to pass.
When I took it in 2001 and 2002 I had no hope of really passing. I hadn't time to study and was not being supported with child care. I was AWARE at SOME LEVEL of being THWARTED... but not FULLY. I WAS AWARE that I was going to that BAR EXAM on those occassions AS AN ASSERTION OF MY INDEPENDENT SELF.
IT was an act of retaining ME. Whether I passed or not the trip was an individual quest of retaining my self integrity on those occassions.
I didn't even really CARE if I passed then. The retention of my personal goal and independence in that I WAS DOING THAT ONE THING FOR ME was MORE IMORTANT THAN PASSING AT THE TIME as I really didn't need to work, nor necessarily WANT TO WORK at those times but wanted to enjoy my children. What I WANTED WAS TO RETAIN MY INDIVIDUALITY AND SELF RESPECT
I have reclaimed my integrity and have re-awakened.
This time is the first I felt like I was REALLY fully present actually TAKING THE EXAM.
What a vast difference.