Bar Exam Hypotheticals: Law School False Pretenses

Posted in Uncategorized on June 29th, 2010 by bl1y

In lieu of posting some later afternoon news (because all anyone in the legal blogosphere is talking about is The Kagan, and I really don’t care unless she says something balls stupid), here’s a bar review hypothetical.  But first, some background:

According to my Kaplan Bar Review Flashcards:

The crime of false pretenses consists of (1) a false representation of (2) a present or past material fact by the defendant (3) that causes the victim to pass title to his property (4) to the defendant (5) who knows his representation to be false (6) and intends thereby to defraud the victim.

Example: A offered to sell B a watch for $50, claiming it is worth $100.  If A knows it is actually worth only $50 and accepts B’s payment of $50, A has committed false pretenses.

We will assume that Kaplan has the law correct (and this is the MBE, not state specific rules).  In the example it is important to note that A’s valuation was not mere puffery.  Stating an actual value is a material fact, whereas if A had only said “You’re getting a great deal at $50″ this would be puffery, and no false pretenses would have occurred.

Also, keep in mind that handing over money counts for passing title, even though it’s not what you normally think of with that phrase.

Discuss whether any of the following four scenarios gives rise to liability for false pretenses:

(1) Amy, a law school admissions officer tells admitted (but not yet enrolled) students about the value of a law degree.  Amy states that a law degree offers career stability, as lawyers are always in demand, and says a law degree is very flexible, opening doors in all fields from staring in Monty Python films to being President of the United States.

(2)(a) Baker School of Law represents to admitted students that 97% of its students are employed within 9 months of graduation.  10% of those students are employed at the law school after failing to find jobs elsewhere.  Another 10% are working as solo practitioners.  And, a final 10% of those students are at jobs they have only because the school is subsidizing their salaries.

(2)(b) Baker School of Law represents to admitted students that 97% of its students are employed within 9 months of graduation.  However, not all students respond to the school’s survey.  While 97% of respondents were employed, only half of the students responded.  Assume unemployed students are less likely to respond to the survey than employed students.

(3) Charles, the Director of Baker School of Law’s Legal Writing and Research Program writes an article published in the North Davey State University Journal of Legal Education, a journal typically read by other professors, rather than prospective law students, though available to the public at large.  The article claims that 1L students in the Baker Legal Writing and Research Program undergo a “painstaking” critique of each of their exercises.  The largest exercise of the year is an oral argument, after which the students receive some feedback from their mock judge (a volunteer not associated with the school), and no feedback from their professor (who was not even present for the argument).

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Reason Not to Go to Fucking NYU #1

Posted in Reasons Not to Go to Law School on June 4th, 2010 by bl1y

On or about April 17th I sent a request to the NYU records office to have them mail a degree certification form to the Alabama State Bar.  It took them until yesterday to mail it.

On Wednesday the Alabama Bar sent me a notice that I had until next Saturday to get the certificate in.  Final deadline.  No fucking around.  Miss it and I get to apply for the February 2011 bar exam.

Mother fucking NYU, you dirty fucking whores.

[Also, NYU is over priced and doesn't teach you anything, and Peggy Cooper Davis has publicly lied about the contents and quality of the NYU Lawyering Program.]

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