I passed the Maryland bar exam!

Some general stats: 848 passed out of 1,367 total scores. 62.0% pass rate among all takers. Last year: 827/1,316 for 62.8%. No breakdown yet among first time test-takers.

I'm not a lawyer yet. I have to take a short online course, and then the official swearing in ceremony will be in December. ALMOST...

Bar Prep: Torts #2

This is one in a series of posts designed to give you some insight into the questions that one might see on the bar exam, and how one might go about answering them. For similar posts, click here.

QUESTION: Lara is walking to her office one morning, when a public school bus rapidly careens up onto the sidewalk where she is walking and heads straight for her. Yurii, the bus driver, is so preoccupied with tuning his new satellite radio to his favorite disc jockey that he does not realize that the bus has gone off the road. Lara tries her best to get out of the way in time and at the last minute jumps into the yard of Tonya, her neighbor. Once she lands on the ground, Lara realizes that she is lying in a patch of Tonya's prize-winning carnations, and has essentially killed the entire carnation patch. Tonya sues Lara for damages to her carnations. How will the court find?

A. Lara is liable as she had no privilege to enter Tonya's yard.

B. Lara's liability rests in the determination of whether Lara acted with due care.

C. Lara is liable for the damaged carnations.

D. Lara was privileged to enter, no liability attaches to her.

Bar Prep: Constitutional Law #1

This is one in a series of posts designed to give you some insight into the questions that one might see on the bar exam, and how one might go about answering them. For similar posts, click here.

QUESTION: A New York law provides state residents with a decreased state college tuition; while nonresidents, or those students who have been residents for less than 5 years, shall pay a higher nonresident tuition rate. A fourth-year resident files a class action suit challenging the constitutionality of the law in federal district court and seeks a declaratory judgment. The state moves to dismiss on this basis: by the time the case would come to trial, 13 months after filed, the resident would by then be eligible for the reduced tuition rate. Should the state's motion be granted?

A. No, because there is a live controversy.

B. Yes, because the student lacks standing.

C. No, because a declaratory judgment is the improper vehicle.

D. Yes, because the student is now an eligible resident.

Bar Prep: Property #1

This is one in a series of posts designed to give you some insight into the questions that one might see on the bar exam, and how one might go about answering them. For similar posts, click here.

QUESTION: Che and Cedric own adjoining pieces of land in a rural community, but the boundary line between the 2 properties was never clearly marked. Twenty-five years ago Che dug a well on a piece of the property that he believed to be his. He has used the well continuously since then and has taken care of the area surrounding it. Fifteen years ago, Cedric was defined as mentally ill and found incompetent. He died today and the executor of his estate filed suit to throw Che off the land with the well. The adverse possession requirement is 20 years. Which best summarizes the status of the well property?

A. Che has acquired title by adverse possession.

B. Che cannot claim title as an adverse possessor since he never entered with hostile intent.

C. Che is in adverse possession but does not hold title, since Cedric's incompetence 15 year ago stopped the possession clock from running.

D. None of the above

Bar Prep: Torts #1

This is one in a series of posts designed to give you some insight into the questions that one might see on the bar exam, and how one might go about answering them. For similar posts, click here.

QUESTION: StarWalkers is under contract with the government to build a missile defense system. Suppose that StarWalkers tests their prototype on a deserted stretch of desert in Nevada. They fire up the satellite rocket system and huge clouds of smoke and particles are generated as the thing struggles to take off. These deposits are broadcast all over the O.B.Juan Ranch located several acres west of StarWalkers testing property. Additionally, the satellite rocket vibrates at a frequency that results in the collapse of Juan's exquisite wine cellar carved into the sandstone under his house. Two million dollars in vintage wine is destroyed. Assume that Juan files for trespass against StarWalkers. Which answer would be most helpful to StarWalkers in avoiding liability?

A. Juan bought the ranch knowing that StarWalkers often used their property for testing such as this.

B. Neither StarWalkers, nor its employees, ever set foot on Juan's property.

C. StarWalkers had no reason to believe that the testing would result in these problems.

D. StarWalkers' development of a rocket defense to destroy incoming aliens is a matter of national security and they are protected as privileged.

Bar Prep: Criminal Law #2

This is one in a series of posts designed to give you some insight into the questions that one might see on the bar exam, and how one might go about answering them. For similar posts, click here.

QUESTION: Adam is tending his garden when he stumbles upon a cobra. He is frantically swinging a hoe in an effort to kill the snake when he accidentally hits Eve, who was walking by on the sidewalk in front of his lawn. Eve, infuriated, pulls out a gun and shoots Adam and the snake, seriously injuring them both. Assume that Adam is prosecuted for criminal battery. He will probably be found:

A. Not guilty, as no serious bodily injury was inflicted on Eve.

B. Not guilty, for lacking the requisite mental state required for criminal battery.

C. Guilty, because Adam failed to exercise due care when clubbing the snake near the

sidewalk.

D. Guilty, because Adam caused an offensive touching.

Bar Prep: Criminal Law #1

This is one in a series of posts designed to give you some insight into the questions that one might see on the bar exam, and how one might go about answering them. For similar posts, click here.

Question #1

Late one night, co-defendants broke into a warehouse and proceeded to load the large crates of appliances onto their truck. As they were leaving, one of the co-defendants inadvertently threw his cigarette butt into a refuse pile of old cardboard boxes and papers. Soon afterward, the refuse ignited into a small fire. Although the co-defendants had time to douse the fire without any danger to themselves, neither did so. Instead, they climbed into the truck and fled. Meanwhile, the fire quickly spread, engulfing the entire warehouse in flames.

At common law, the co-defendants should be found guilty of

(A) burglary and arson.
(B) larceny and arson.
(C) larceny only.
(D) burglary, larceny, and arson.

The explanation and answer are below the break.