Saturday, July 23, 2005

Pour some misery down on me.

I am going to FAIL this bitch. With a capital F. And A, I, and L, too.

I finished my substantive review today, with an appropriate finale: real property. I don't really know how to study property anymore, because it seems that I can remember all the rules just fine, but I have serious SERIOUS problems with fact application and essay organization. There was an MBE that asked about prior appropriation water rights, where one guy first diverted water to irragate his crops, then a few years later a guy upstream diverted wated for his plumbing, but there wasn't enough for both of them. Now, I know that in prior appropriation the more 'natural' use prevails, or if they're both natural, then it's usually first in time/first in right. So I picked the crop guy, because crops are vegetables, which are nature right? And plumbing is totally artificial. Not so much. Apparently diverting water into your toilet is, legally, considered "natural" use, much more so than watering your plants. How the fuck am I supposed to know that? I can't memorize the application of these rules to EVERY SINGLE FACT PATTERN THAT CAN POSSIBLY EXIST.

And it seems like the property essays go a little like this: Guy leases Blackacre to Girl for two years, with three lame covenants. Girl assigns her rights to Chick, without permission. Chick tears down the building and builds a store, installing a heating system. Meanwhile, Guy conveys his interest and reversion to Dude. Dude dies, leaving his interest to his children, Dick and Jane, equally with the right of survivorship, then to Jane's children who reach the age of 22. Chick's head starts to pound and thinks its because of the lead paint used on the building, so she abandons. Who owes rent to whom?

I fucking hate these questions. It doesn't matter if I know all the landlord-tenant rules, because I wouldn't even know where to begin. Sometimes you can start with the very first conveyance, but after that it becomes such a total mish-mash of people and interests that I become paralyzed trying to organize it all.

Anyway. I bought a new pair of glasses today! I tried to find a picture online, but it seems they're some no-name brand. They're tortoise-shell, which is funny because I usually HATE that, but I put these on and we were like "whoa, these are it." They kind of make me feel like Clark Kent for some reason. I'll get them on Friday when I get back from the bar. Then I'll be able to see again! In so many ways...


At 11:06 AM, July 23, 2005, Blogger jm said...

Awww, don't let RP get ya down. RP is a bona fide bitch - BFB, instead of BFP.

I still get BFP questions wrong half the time. And let's not even talk about future interests.

At 11:49 AM, July 23, 2005, Blogger G. said...

>then a few years later a guy upstream diverted wated for his plumbing, but there wasn't enough for both of them.

Correct answer: Downstream guy should go burn down upstream guy's house. Problem solved. Screw that RP stuff, nobody can get know all that water rights BS.

At 3:04 PM, July 23, 2005, Blogger jm said...

And looking at the subject outline for the MBEs, there should be (at most) 1 question on water rights.

Now, there's not telling how many questions about damming the neighbors stream/earthen dam as adverse possession questions there might be. I reached my limit on RP questions when I got to that one.

Hang in there!

At 3:04 PM, July 23, 2005, Blogger my detritus said...

Haha. I always think of being in Clark Kent mode when I have my glasses on.

But lately, I've been losing them every 3 days and I've realized they're more like my magic feather.

Are my ramblings making ANY sense at all?

At 3:25 PM, July 23, 2005, Blogger Heather said...

jm - but it's not just water rights, almost all the MBE's are like that - some fucked up fact application that's ridiculous to imply from the rules. like the "boomerang is a deadly weapon" question - remember that? you can spew out the homicide rules until the cows come home, but if you don't know anything about boomerangs, well, fuck.

my detritus - what's a magic feather? do i need one? was it supposed to come with my admittance ticket?!?

At 3:30 PM, July 23, 2005, Blogger Chai said...

you are going to do well lady. =)

remember, not perfect, just nearly passing is the key. so you miss one minor point. kitchen sink approach- just throw it in there. say, and perhaps some court may believe that a boomerang is a deadly weapon...yada yada yada.

again, i need to follow my own advice. i keep missing points because i make the conclusion in my head that that theory wont work. although true, i still have to say what i am saying in my head. i need to be a blogger to some degree with these tests.

just BLAB, right? sans the pictures.

At 3:36 PM, July 23, 2005, Blogger Heather said...

oh my god - the blogger approach to bar taking! why didn't we think of that before?? brilliant!

At 4:57 PM, July 23, 2005, Blogger jm said...

Heather - I'm in a very zen place with MBEs right now. My husband reminded me that I was totally freaked out for the MPRE, had zero time to study (it was during our finals week) and the end result was above even my own unrealistic expectations. I am hoping that the gods of standardized testing are out there and looking down on my with kindliness, rather than choosing to smack my zen ass all the way back to the middle ages.

Chai, that IS brilliant. I have the same problem too. I've been trying to tell myself to write it down anyway, even if I don't think it applies. Especially random shit like applying Van Camp and Pereira to brokerage accounts. WTF?

At 5:51 PM, July 23, 2005, Blogger Glib Gurl said...

I'm sorry - I totally feel your pain, but your opening line had me rollin' on the floor! Breathe, honey, breathe.


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