Tuesday, July 24, 2007

Day 1 down

And now on to the MBE...

Con Law: Ah yes, "The free exercise clause cannot be used to challenge a neutral law of general applicability..." So says the Sup Ct in the "Peyote" case, where everyone in Oklahoma was prohibited from using peyote, not just the Native American tribe. However, if a law is not neutral and targets a specific group, then strict scrutiny will be applied and the law will be struck down.

Property: since we can't talk about fee tails really, "to A and the heirs of his body", then let us speak of the Rule against Perpetuities. A much loved topic for any law student. "An interest must vest, if at all, not later than 21 years after some life in being at the creation of the interest." If there is any chance at all that it could vest outside of that 21 year time frame, the interest is VOID VOID VOID...unless of course you are dealing with a trust that has a perpetuities savings clause, or you are in a state that has the doctrine of cy pres "as far as possible."

Yes, dear friends, it really is THAT boring! And we wonder why lawyers are mean and boring.

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