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Okla-homey
7/28/2008, 12:40 PM
Two days. First day: 16 essay questions in 8 hours. Day Two: 200 multiple guess questions in six hours (thats 1.8 minutes per question). I've studied my kiester off and think I have a handle on all the stuff.

Thanks again to Mike for the help on commercial paper. That whole subject is still pretty mystifying, but I'm counting on everyone else being in the near dark too. The essay portion is the only part that tests Commercial Paper and the test is curved. Note: curves are GOOD in this context. I can spout off the "holder in due course rule" so that oughtta be good for a couple points, although I'm still unsure what happens to the account holder when a bank cashes a check on which the payee is forged but everything else is legit.:O

I gotta be there at 0730L to start, so prolly no "Good Morning" unless I can dust-off and recycle one.

I'd ask for you folks to wish me luck, but I realize a lot of you think there are already enough lawyers in Oklahoma.;)

sooner_born_1960
7/28/2008, 12:46 PM
Good luck. Oh, wait.

stoops the eternal pimp
7/28/2008, 12:49 PM
if it means future free legal advice, i say GOOD LUCK!

King Crimson
7/28/2008, 12:56 PM
just get there, relax, and trust yourself and your preparation.

you'll do fine.

Hamhock
7/28/2008, 01:00 PM
if you have any questions about killing bobcats with a bow, text me.

Frozen Sooner
7/28/2008, 01:03 PM
Thanks again to Mike for the help on commercial paper. That whole subject is still pretty mystifying, but I'm counting on everyone else being in the near dark too. The essay portion is the only part that tests Commercial Paper and the test is curved. Note: curves are GOOD in this context. I can spout off the "holder in due course rule" so that oughtta be good for a couple points, although I'm still unsure what happens to the account holder when a bank cashes a check on which the payee is forged but everything else is legit.:O


You're welcome and good luck.

The bank of first deposit is out the money if they accept an altered item. The bank of final payment can refuse payment for improper indorsement. They can also go against the bank of first deposit due to the improper indorsement if the bank of final payment honors the item in good faith of the bank of first deposit's warranty of proper indorsement. The bank of first deposit can then charge their account holder for the returned item.

If the item is presented for encashment at the bank of final payment, the bank of final payment is out the money if the item is honored. The bank of final payment may pursue civil and criminal penalties against the presenter (if the presenter was dumb enough to use their real name.)

This is why many institutions have implemented the thumbprint on on-us items for non-account holders, by the way. First, a fraudster will generally walk away if asked to provide a fingerprint. Second, if the item is counterfeit or altered or whatever, and the crook wasn't dumb enough to use his own name, it's handy evidence in the subsequent criminal prosecution.

Anyhow, that's what I remember from my last class on check law, which was 3-4 years ago. It also jibes with how things seem to work in the real world. :D

StoopTroup
7/28/2008, 01:27 PM
I just think there might be to many bad lawyers...one like you Homey...well that can't hurt a thing IMHO.

If you get stumped on the essay...just answer like if you were the only Judge on the SCOTUS. :D

TexasLidig8r
7/28/2008, 01:29 PM
What is the pass rate in Oklahoma? About 90% ?

When you walk into the first day of the bar exam, look around and then think, "when have I EVER been in the bottom 10% of ANYTHING?"

And.. true story... day 3 of the bar... I was gassed... One of the short essay questions was, "What is a capias?" I drew a blank... had no idea. So, I wrote, "An article of clothing, usually a single, coth like material worn around the neck cascading down the back, ordinarily worn by superheros."

I passed.

You'll do great. Good luck.

Hamhock
7/28/2008, 01:34 PM
I wonder what the pass rate is for the bar compared to the CPA exam.

Anyone know?

frankensooner
7/28/2008, 01:35 PM
Day one is just issue spotting. You just tell the examiners that you see there are actionable issues, they will be happy.


The Multistate is the only bear.



And to answer Hamhock, the Bar pass rate is much higher. Lawyers are smarter. ;)

StoopTroup
7/28/2008, 01:37 PM
http://www.txfiddlesticks.com/images/SingingLonghorn.jpg

kbsooner21
7/28/2008, 01:45 PM
Good luck Homey!

Penguin
7/28/2008, 01:56 PM
What do you call 1000 lawyers at the bottom of the ocean?

A good start

HAR! HAR! HAR!


Good luck! All I knows about lawyering is what I picked up at the OJ trial. When in trouble, call for a sidebar.

olevetonahill
7/28/2008, 03:48 PM
I NEVAR passed a Bar

soonerboomer93
7/28/2008, 04:08 PM
Two days. First day: 16 essay questions in 8 hours. Day Two: 200 multiple guess questions in six hours (thats 1.8 minutes per question). I've studied my kiester off and think I have a handle on all the stuff.

Thanks again to Mike for the help on commercial paper. That whole subject is still pretty mystifying, but I'm counting on everyone else being in the near dark too. The essay portion is the only part that tests Commercial Paper and the test is curved. Note: curves are GOOD in this context. I can spout off the "holder in due course rule" so that oughtta be good for a couple points, although I'm still unsure what happens to the account holder when a bank cashes a check on which the payee is forged but everything else is legit.:O

I gotta be there at 0730L to start, so prolly no "Good Morning" unless I can dust-off and recycle one.

I'd ask for you folks to wish me luck, but I realize a lot of you think there are already enough lawyers in Oklahoma.;)

you're taking your BAR examing during Shark Week (http://dsc.discovery.com/)?

hoping for the extra luck from it i guess

TexasLidig8r
7/28/2008, 04:54 PM
Hey Homie...

Can you get that brief to me on the issue of the manner in which the canon of constitutional avoidance impacts a fair debt collection case which involves the alleged leaving of a voicemail message when the defendant has raised defenses based on the belief that such restriction allegedly violates the First Amendment right to commercial free speech and the Fifth Amendment Due process clause.

Need that by 7:00 a.m. tomorrow!

;)

SoonerStormchaser
7/28/2008, 05:13 PM
You want me to fill in for a bit on the GM threads?

Okla-homey
7/28/2008, 05:42 PM
You want me to fill in for a bit on the GM threads?

that would be nice. I'll be back in the saddle on Thursday.

Frozen Sooner
7/28/2008, 05:43 PM
Hey Homie...

Can you get that brief to me on the issue of the manner in which the canon of constitutional avoidance impacts a fair debt collection case which involves the alleged leaving of a voicemail message when the defendant has raised defenses based on the belief that such restriction allegedly violates the First Amendment right to commercial free speech and the Fifth Amendment Due process clause.

Need that by 7:00 a.m. tomorrow!

;)

Inasmuch as speech which is considered to be defamatory is not protected speech, commercial or otherwise, and that there is a statutory restriction on the manner in which a debt collector can contact a debtor, then the constitutional issue should not be raised.

Okla-homey
7/28/2008, 05:44 PM
Hey Homie...

Can you get that brief to me on the issue of the manner in which the canon of constitutional avoidance impacts a fair debt collection case which involves the alleged leaving of a voicemail message when the defendant has raised defenses based on the belief that such restriction allegedly violates the First Amendment right to commercial free speech and the Fifth Amendment Due process clause.

Need that by 7:00 a.m. tomorrow!

;)

This kind of crap is precisely why the firm let me take the month of July off to study.;)

Oh, and in Oklahoma, you can't claim a defense that doesn't exist, unless you're making a good faith argument for expansion of an existing right. That sort of thing can get you in dutch.

SoonerInKCMO
7/28/2008, 06:34 PM
Does this mean you're not going to be in the Drunkytown thread tonight? :(

Rogue
7/28/2008, 06:58 PM
Break a leg, Homey!

How soon do they tell you the good news?

stoopified
7/29/2008, 10:18 AM
You're welcome and good luck.

The bank of first deposit is out the money if they accept an altered item. The bank of final payment can refuse payment for improper indorsement. They can also go against the bank of first deposit due to the improper indorsement if the bank of final payment honors the item in good faith of the bank of first deposit's warranty of proper indorsement. The bank of first deposit can then charge their account holder for the returned item.

If the item is presented for encashment at the bank of final payment, the bank of final payment is out the money if the item is honored. The bank of final payment may pursue civil and criminal penalties against the presenter (if the presenter was dumb enough to use their real name.)

This is why many institutions have implemented the thumbprint on on-us items for non-account holders, by the way. First, a fraudster will generally walk away if asked to provide a fingerprint. Second, if the item is counterfeit or altered or whatever, and the crook wasn't dumb enough to use his own name, it's handy evidence in the subsequent criminal prosecution.

Anyhow, that's what I remember from my last class on check law, which was 3-4 years ago. It also jibes with how things seem to work in the real world. :DReading this was a BIG mistake,now I have a headache. :)

Phil
7/29/2008, 10:28 AM
One of the short essay questions was, "What is a capias?" I drew a blank... had no idea. So, I wrote, "An article of clothing, usually a single, coth like material worn around the neck cascading down the back, ordinarily worn by superheros."

I passed.


I had the same thing happen on the Oklahoma Bar, lo these many years ago. There was a little section where they asked you to define various legal terms. One of them was misprision of felony. I said it was when they put a guy in the wrong prison, or something like that. I passed, too.


What is a capias, anyway?

StoopTroup
7/29/2008, 11:05 AM
What is a capias, anyway?

After some research...I believe it's something about an arrest warrant or a Texas Wedding...maybe both.

Okla-homey
7/29/2008, 06:38 PM
well, the essay part is over. I think I did pretty good. We did a post-mortem on the thing afterwards and the main thing I screwed up was I let two guys off on a conspiracy to commit arson when one of the guys they burgled a house with decided to burn the joint to destroy fingerprints and they said... meh. I'm just a softy I guess.

Other than that, tomorrow, its just bubbling a scantron sheet for six hours.:(

StoopTroup
7/29/2008, 06:51 PM
Good Luck Homey...half way there.

http://www.tate.org.uk/britain/turnerprize/2006/images/marktitchner_ifyoucandreamit.jpg

AlbqSooner
7/29/2008, 08:12 PM
And.. true story... day 3 of the bar... I was gassed... One of the short essay questions was, "What is a capias?" I drew a blank... had no idea. So, I wrote, "An article of clothing, usually a single, coth like material worn around the neck cascading down the back, ordinarily worn by superheros."

I had a Commercial law essay question that was about 2 1/2 pages of facts at the end of which was, "Discuss all issues." The more I read the less I understood. Got to near panic mode and remembered hearing over and over in the review course, "Don't panic. Just write SOMETHING."

I wrote, "This is a UCC question. The answer can be found by referring to Title 12A Oklahoma Statutes". ( I think that was the Title at the time.) Closed my blue book and turned it in.

I passed. :D

olevetonahill
7/29/2008, 09:14 PM
Im starting to Understand this Lawyering thing Now
You dont Need to Be Smart in the Law Just a great Bull****ter.
Got it;)

olevetonahill
7/30/2008, 01:24 AM
Sometimes My Humor is just wasted on you Infidels