Studying for the Bar is so much FUN!

Hello to all of you, new followers, from this brand new blog. A couple of my friends and I are studying for the NY bar being administered this February. We decided to create something that would provide a novel way to interact with the material (and maybe spark some discussion — because that makes it so much easier to remember ALL OF THIS STUFF!!). We’re doing our best to make sure what we post is accurate — we’re studying for it (along with our Regular Copyrighted Bar Prep Course of Choice). As for the posting, right now there are posts queued on a schedule. They may get more spread out during the week since each of us also work full-time. Bear with us as we muddle through. Feel free to leave a comment or question in the Ask. If you have a “flashcard” you’d like to contribute, drop it in the Submit so we can publish it. THANKS & WELCOME!! Here’s to successful completion of the Bar exam for everyone!

[studyforthebar]

So, this blog started a few years ago (and mostly as a repository for NY bar related information), and I’ve left it here to sit.....

But as of the July--July 2016--admission, NY is now using the UBE (uniform bar exam).

Most of the NY-specific posts are probably irrelevant (since I have no idea what the online NY exam is going to consist of).

I’m debating about whether to remove this blog completely....I don’t really post anything here (and I almost never get any asks).

For those of you still here (or newly here), let me know if you want this to remain up as an outdated resource.

Cheers!  (And GOOD LUCK!  MEMORIZE THE LAW.  Don’t focus on gimmicks or strategies.  MEMORIZE THE LAW.  That is really the key to passing the Bar.)

[studyforthebar]

Bar Examinee Hilariously Lashes Out At Prep Companies

The bar exam is a lot of pressure and eventually someone had to crack.

This is pretty amusing--especially because I know I have said the same or similar things myself.  (And yes, I think Barbri is awful....but that’s just my opinion.)

Also, I agree with ATL, the exam makes a mockery of the profession....

I hope those of you studying are doing as well as can be!  I may retired this tumblr, especially since New York will be adopting the UBE.

[studyforthebar]

Administrative Law—Right to counsel at administrative hearings

There is NO Sixth Amendment right to counsel.  (That right only applies to criminal proceedings.)

Agency not required to provide counsel

Agency may permit party to be represented by non-lawyer

If so, non-lawyer not engaged unauthorized practice of law

[studyforthebar]

Administrative Law—Pre-Hearing Procedures

Reasonable notice of hearing

Time, place, and nature of the hearing

Statement of legal authority and jurisdiction

Short and plain statement of the matters asserted

Party may request more particularized statement

Notice is insufficient only if it results in hearing that is fundamentally unfair

    2.   Discovery—not required by SAPA, but may be permitted by agency

[studyforthebar]

Administrative Law—Agency Adjudication

Adjudicatory proceeding

Party—determination of rights, duties, privileges of parties or person entitled to be party

Hearing on record—statutory “opportunity to be heard” not sufficient to create right

In order to trigger SAPA provisions, an agency's enabling act must specifically provide for a hearing on the record.

The only time SAPA is triggered when there's an “opportunity to be heard” is in the licensing process--which includes grant, denial, renewal, revocation, suspension, annulment, withdrawal, recall, cancellation, or amendment of license.

[studyforthebar]

Administrative Law—Agency Creation

Agencies—authority delegated to agency by legislature through “enabling act” or “organic act,” plus subsequent laws that broaden or limit agency’s jurisdiction, procedures.

A. Delegation of legislative authority

Broad grant of legislative authority

Generally survive challenges based on vagueness, separation of powers doctrine

Can be struck down if delegation constitutes legislative policymaking

B. Delegation of judicial authority

By New York legislature to state agencies—constitutional

Delegation subject to due process requirements

C. Delegation to private entities

Struck down as improper—authority to license horseracing jockeys, owners, trainers

Upheld—arbitration of “lemon law” disputes

[studyforthebar]

Administrative Law—Required Process

Courts consider 3 factors when determining the amount of process:

the private interest affected by the governmental action;

the risk of erroneous deprivation of that interest using current procedures AND probable value of additional or substantive safeguards; and

the burden (both fiscal and administrative) involved in providing additional process.

The greater the importance of the threatened interest, the greater the likelihood is that courts will require extensive procedural safeguards.

RECIPIENTS OF WELFARE--entitled to pre-termination evidentiary hearing.

RECIPIENTS OF DISABILITY--not entitled to pre-termination evidentiary hearing.

EXCEPTION--EMERGENCY CIRCUMSTANCES

[studyforthebar]

Administrative Law—Protected Interests

Property--includes tangible items, real property, money, and some intangible items such as entitlements to government benefits.

Professional licenses are considered "property" for due process purposes.  Therefore, there must be notice and an opportunity to be heard.

HOWEVER, holder of an existing license DOES NOT have a property right in the renewal of the license.

[studyforthebar]

Administrative Law—Protected Interests

Liberty--includes fundamental rights (i.e. right to travel, work, procreate, marry) and courts have expanded the concept of liberty, requiring agency hearings for the following:

Long-term suspension or expulsion from school;

Deportation of illegal immigrants; and

The creation of a stigma affecting a person's ability to obtain employment.

Regarding the third bullet point:  mere injury is insufficient.  It must be STIGMA + INJURY coupled with OTHER NEGATIVE CONSEQUENCES.

[studyforthebar]

Individualized Action—Due Process

Due process is required with respect to administrative agency judicial action but not with respect to generalized agency legislative action.

[studyforthebar]

Administrative Law—Due Process

State action—generally, this requirement is clearly satisfied

Private entity

          o Insufficient to constitute state action

              Governmental regulation of private entity

              Receipt of governmental funding by private entity

         o Enforcement of mechanic’s lien on a vehicle by private garage through             private sale

              State action under NY Constitution, but not under US Constitution

[studyforthebar]

Administrative Law — SAPA

The NY State Administrative Procedure Act (SAPA) directs an administrative agency as to the procedures that must be followed when the agency's enabling act is silent.

[studyforthebar]

I will start posting again here.  I know that the Federal Rules of Civil Procedure have been added to the MBE.

For those of you taking New York, Administrative Law has been added.

Let me know if there are any specific areas in either of those you'd like covered since they're both SUPER broad.

[shakespearebarexam]

[shakespearebarexam]

[studyforthebar]

YAY! It's over!

(And hopefully none of us will have to revisit the experience in July!)

I'm going to keep this blog here--mostly non-active--for any folks that are still in law school who want to access the information to study (for law school exams or the Bar).

[barexamhell]

Bar Exam Tweet of the Day: