Tuesday, July 27, 2010

Defaultina McBankruptstein

Hola! I am very happy right now because, as I speak, the Bar Exam is going on about 10 blocks from where I sit in my living room and I am not there! I never have to take it again! Oh, what a nightmare that test is. When this time of year comes around I always think of this joke-y rant that has been around for awhile and gets passed around between bar takers every year. I don't know who originally wrote it, but they were feeling very frustrated and decided to rave about the nonsensical nature of the practice questions in the review materials. In the practice questions, real states' names aren't used and are instead combined into fake states, such as "Calizona" or "West Dakota". The names of the defendant character in the question always start with D and the fact patterns are outlandish. I don't know if anyone else will think this is funny but I am doing it in honor of the bar! (Shudder, goosebumps, vomit in my mouth). Oh, I appologize for the language. It is not my own, and I'm not going to sensor it because it is important for conveying the frustration of the original author, which any bar taker has felt. Also, FYI, any word ending in "acre" refers to property and is normally named after a color, like blueacre or blackacre. I bolded the joke, so anything in normal font is something I wrote.

1. People who don’t record their deeds: (this fact pattern was very annoying, in my memory.)
Hey. Fuck face. That’s a nice deed you got there. Went ahead and bought Stankacre, didya? That’s awesome. Owning property is a sign of real maturity. Now, why don’t you do us all a fucking favor, and go record the fucking deed.

Right. Fucking. Now.

Don’t put it in a goddamn drawer. Don’t go off to India for 20 years. Don’t leave the deed in your will for dear cousin Victorianox. Get your fat lazy ass down to the records office, and record it before I burn your goddamn house down.

2: Wily property sellers:
Here is a suggestion to those Bill of Rights violatin’ petty thug assclowns, the Police. How about you go down to Doucheacre, and arrest the son of a bitch who sells the same house to 15 different people, over and over. I’m sick of this guy getting away every time he pulls this shit, and I’m left to sort out the fucking pieces.

3: “Known” arsonists:
Here’s a little tip to all the cretins that keep hiring “known”arsonists to burn down their cheating girlfriend’s house. Why is it, do you think, that he is a known arsonist, you dipshit? He’s known because he has been fucking caught before. You don’t know who the good arsonists are, do you! Because they have their shit together. But no, you had to go hire Dusseldorf, or Durango, or whatever D word your fuckwit moron arsonist is named, and now he’s gone and burned thewrong house, and left me with a BAR question.

4: People who back out of conspiracies:
Why don’t you just stick with it and save us all some trouble, you pussy.

5. Power companies that leave an electric wire live to deter copper theft:
(This still makes me laugh, because I picture stereotypical thieves wearing black eye masks or big rubber halloween masks that look like Richard Nixon.)
While I appreciate your effort to rid the world of thieves stupid enough to try and steal raw copper wiring that’s fucking humming and has blue arcs dancing on it, it’s just gonna bite you in the ass inthe end. Just let the copper go.

6. Fertile Octogenarians:
(This refers to the concept in property and wills that there is always a possibility that a new heir can be born, even if the woman in question is 80 years old. I always imagined my grandparents saying "guess what? You're getting a new aunt or uncle!")
I think I speak for all of us when I say……Burn the witch! Burn her! And don’t use a “known” arsonist!

7. People who use anything more complicated than Fee Simple Absolute in a will:
Hey, old man. Either give Horatio your fucking interest in Scroteacre, or don’t, alright? Don’t condition it on him growing a mustache, or learning to play the calliope, or winning “Dancing withthe Stars.” Don’t grant a springing executive interest to Zenobia if she manages to graduate from Ninja academy. Stop making my life more complicated than it needs to be, you Narcissistic old twat, and stop trying to control your property fromthe grave in a vain attempt to make up for your feebleness in life.

8. House Painters:
(This referred to contracts and I read the page in my review materials so many times I can still see in my head what the page looked like one year later. Very annoying page.)
Just paint the fucking house yourself, Paulson.Trust me on this one. It’s not worth it.

9. Bank Mortgages:
(SHUDDER! This subject is something that is pretty important and practical in real life law practice, but on the exam the fact patterns were the opposite of practical.)
Hi there, First National Bank of South Calizonachussettsas. I don’t mean to tell you how to run your business, but allow me to impart abit of sage wisdom.
When someone :
1) named Defaultina McBankrupstein,
2) is taking out her 17th mortgage with you,
3) on a place called Mushacre
4) so she can buy a new hat,
….do NOT fucking come crying to me when the inevitable judicial foreclosure sale nets $34, a button, and some lint, all of which are devoured by the banks that are 20 miles ahead of you in creditor line. And do not ask me whether you are a junior or senior mortgagor, or whether you debt is secured, or some other bullshit I don’tunderstand, because the answer is always the same.
D) You are Fucked. Take it like a man.

10. Wanna-be Burglars:
I am sick to death of these slackjawed melon-heads deciding at 2 a.m.that they need to borrow their neighbors wrench, and are sure he”won’t mind” if they saunter on over there in the middle of the night,crowbar the garage open, smash open his tool chest, and “borrow it.”And then always the inevitable fucking:
Did he commit Larceny/Burglary/Robbery?????? Ohhhhh, no intent!

Let him go, boys. Let the man go. So I can throw the wrench right at his goddamn teeth. Good thing when we are really in practice we will have these Intent Goggles that can magically tell us, despite every bit of evidence to the contrary, this jackass really didn’t intend to commit a crime. He genuinely thought that breaking into your neighbor’s house, stealing his car, taking a shit on his pool table, and sleeping with his wife were all part of the social covenants between good neighbors.
(Hahahaha.)

And that just covered multiple choice. Imagine the essays.
Good luck, test takers. By this time tomorrow you will only have two hours left!

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