KAPLAN BAR REVIEW hangout

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semplice
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Re: KAPLAN BAR REVIEW hangout

Postby semplice » Sun Jul 20, 2014 5:02 pm

Can we share non-Kaplan mnemonics with one another? Sorry if this has been covered elsewhere. I'll start with two from contracts:

For when third party rights vest in intended beneficiaries: EARS (Express terms, Assent from third party at a party's request, Reliance by third party, Suit by the third party).

For a valid NY non-compete agreement: PHURN (no Public Harm, employee's services are Unique, Reasonable in time and geographic scope, Necessary to the employer).

Pokemon
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Re: KAPLAN BAR REVIEW hangout

Postby Pokemon » Sun Jul 20, 2014 5:41 pm

Question on the mailbox rule:

If you mail a rejection, and then an acceptance,
1) you have no contract if rejection arrives first.
2) Contract if offer arrives first.

What if you mail rejection, and then call to accept the offer? Can the offeror get out of the contract because of the difference in communication. Logic says no, but am not sure.

What if you mail an acceptance, and then a rejection; does that mean that there is a contract which offeree breached? What if rejection arrives first?

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JenDarby
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Re: KAPLAN BAR REVIEW hangout

Postby JenDarby » Sun Jul 20, 2014 5:49 pm

If you mail acceptance first, contract.

If you mail rejection and then acceptance, but acceptance arrives first, contract.

If acceptance by phone call is a reasonable means of acceptance under the offer and you accept before rejection arrives than contract. I guess if they get the rejection then they can consider it an anticipatory breach.

I doubt you will be tested much beyond the top two scenarios.

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bazinga!
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Re: KAPLAN BAR REVIEW hangout

Postby bazinga! » Sun Jul 20, 2014 5:54 pm

If you mail a rejection first then an acceptance, whichever is received first controls. So rejection first, no contract. Acceptance first, there's a contract.

Not sure on the phone acceptance.

annalisa
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Re: KAPLAN BAR REVIEW hangout

Postby annalisa » Sun Jul 20, 2014 6:32 pm

semplice wrote:Can we share non-Kaplan mnemonics with one another? Sorry if this has been covered elsewhere. I'll start with two from contracts:

For when third party rights vest in intended beneficiaries: EARS (Express terms, Assent from third party at a party's request, Reliance by third party, Suit by the third party).

For a valid NY non-compete agreement: PHURN (no Public Harm, employee's services are Unique, Reasonable in time and geographic scope, Necessary to the employer).


Here are some good ones from the reddit bar prep board http://www.reddit.com/r/LawSchool/comme ... ux/cj05p3b

And a couple I came up with studying secured transactions yesterday:

Attachment: Always Perform Vasectomies Right
In order for a security interest to attach, either the parties must Agree, or, the debtor must take Possession of the collateral, pay value, and have rights in the collateral.

Buyer in the ordinary course requirements: Good Kids Only
1. Buys goods in good faith
2. Without knowledge that the sale violates the rights of another person in the goods
3. and in the ordinary course from a person in the business of selling goods of that kind.

Perfection: TAFT
1. Taking possession
2. Automatic perfection
3. Filing the financing statement
4. Temporary perfection

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soccerfreak
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Re: KAPLAN BAR REVIEW hangout

Postby soccerfreak » Sun Jul 20, 2014 6:36 pm

I'm thinking that lean sheets would be a pretty good tool for the home stretch here, especially for prepping for the essay questions. Anyone know of a site that would have PDF's for free?

Pokemon
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Re: KAPLAN BAR REVIEW hangout

Postby Pokemon » Sun Jul 20, 2014 6:37 pm

Are mnemonics really helpful to most of you? I am tempted to use mnemonics, but maybe my brain is built differently, because mnemonics confuse me more and turn my brain into an alphabet soup.

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northwood
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Re: KAPLAN BAR REVIEW hangout

Postby northwood » Sun Jul 20, 2014 6:43 pm

Pokemon wrote:Are mnemonics really helpful to most of you? I am tempted to use mnemonics, but maybe my brain is built differently, because mnemonics confuse me more and turn my brain into an alphabet soup.



do what you know works for you...

annalisa
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Re: KAPLAN BAR REVIEW hangout

Postby annalisa » Sun Jul 20, 2014 6:51 pm

northwood wrote:
Pokemon wrote:Are mnemonics really helpful to most of you? I am tempted to use mnemonics, but maybe my brain is built differently, because mnemonics confuse me more and turn my brain into an alphabet soup.



do what you know works for you...


Yeah if mnemonics have never worked for you before, trying to memorize them at this point probably won't help

sidhesadie
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Re: KAPLAN BAR REVIEW hangout

Postby sidhesadie » Sun Jul 20, 2014 6:56 pm

Pokemon wrote:Are mnemonics really helpful to most of you? I am tempted to use mnemonics, but maybe my brain is built differently, because mnemonics confuse me more and turn my brain into an alphabet soup.


They don't work for me AT ALL. you're not alone. I look at them and think , for example, "isn't it just easier to memorize that a buyer in the ordinary course is "one that buys in good faith, without knowledge, in the ordinary course from seller of goods in the kind."

for ME, if I memorize that sentence, I'll remember the additional stuff (i.e., I won't forget what they have to lack knowledge OF), and it's just easier to remember the sentence than the mnemonic.

I understand that it seems to help a lot of people but I just can't do it. The only one that works for me is the one for felony murder, and that's only because of the cute photo on the internet of the adorable dog looking all suave like he's the most interesting man in the world, saying "I don't always see felony murder, but when I do I BARRK"
It's the doggie that did it though. ;)

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Grenadine
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Re: KAPLAN BAR REVIEW hangout

Postby Grenadine » Sun Jul 20, 2014 7:20 pm

So I can never finish an MPT within the time limit and realized it's probably because I'm going a few thousand characters over the limit... any tips on how to get them done faster/know how to figure out the minimum you need to write down? idk if it's just really question-specific but, I mean, I've been doing a brief intro/getting all the To/From/etc. things in there, then going to the cases and writing out the rules/tests/statute definitions, and then filling in the facts once I've gotten the law summarized for each issue. If I read over the file first to figure out what exactly I need to get from the library, I run out of time because I'm reading so long, and if I go straight to the law, I run out of time because I'm writing it out too long. Like this is the actual dumbest portion to get points off on because it's easy. And yet~

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JenDarby
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Re: KAPLAN BAR REVIEW hangout

Postby JenDarby » Sun Jul 20, 2014 7:25 pm

Pokemon wrote:Are mnemonics really helpful to most of you? I am tempted to use mnemonics, but maybe my brain is built differently, because mnemonics confuse me more and turn my brain into an alphabet soup.

They are generally NOT helpful to me. Only 4 have stuck through bar prep that I have found helpful.

1. Establishment Clause - Lemon Test: SEX

Secular Purpose
Effect neither advances nor inhibits religion
No eXcessive entanglement with religion

2. Daubert - TAPES (my state follows Frye, so I made an effort to memorize this for some reason)

Tested
Application
Peer Reviewed
Error Rate
Standards

3. Fundamental Rights - CARP SPERM

Contraception
Abortion
Right to Privacy
Procreation
Speech
Parenting/Custody
Extended Family together
Rights under 1st Amendment
Marriage

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JenDarby
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Re: KAPLAN BAR REVIEW hangout

Postby JenDarby » Sun Jul 20, 2014 7:28 pm

Unrelated, my home page says I have only watched 126/148 hours of video but there is nothing on my track progress tab. I am guessing it might be the foundation videos. I suppose I should click them all just in case.

shock259
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Re: KAPLAN BAR REVIEW hangout

Postby shock259 » Sun Jul 20, 2014 8:13 pm

Hate mnemonics too. They do not help me at all.

I'm actually on track to finish all of the MBE questions in the Kaplan bank. I think I am going to take it pretty easy this final week. I feel like my brain is turning to mush. And I'm not retaining much of the new stuff that I've learned in the past few days.

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JenDarby
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Re: KAPLAN BAR REVIEW hangout

Postby JenDarby » Sun Jul 20, 2014 8:55 pm

shock259 wrote:Hate mnemonics too. They do not help me at all.

I'm actually on track to finish all of the MBE questions in the Kaplan bank. I think I am going to take it pretty easy this final week. I feel like my brain is turning to mush. And I'm not retaining much of the new stuff that I've learned in the past few days.

I still have 1300 MBE questions, having completed 800 some.

semplice
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Re: KAPLAN BAR REVIEW hangout

Postby semplice » Sun Jul 20, 2014 9:33 pm

shock259 wrote:Hate mnemonics too. They do not help me at all.

I'm actually on track to finish all of the MBE questions in the Kaplan bank. I think I am going to take it pretty easy this final week. I feel like my brain is turning to mush. And I'm not retaining much of the new stuff that I've learned in the past few days.


Well, leaves more mnemonics for me I guess.

ALL the MBE questions?! Impressive. I think I have over a thousand unused. Eee. Should do more maybe.

semplice
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Re: KAPLAN BAR REVIEW hangout

Postby semplice » Sun Jul 20, 2014 10:05 pm

And another one from the Barbri people, for anyone interested:

Exceptions to the warrant requirement: ESCAPIST. Exigent circumstances, Search incident to a lawful arrest, Consent, Automobiles, Plain view, Inventory, Special circumstances (border, checkpoint, etc.), Terry stop.

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lisjjen
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Re: KAPLAN BAR REVIEW hangout

Postby lisjjen » Sun Jul 20, 2014 10:06 pm

annalisa wrote:
And a couple I came up with studying secured transactions yesterday:

Attachment: Always Perform Vasectomies Right
In order for a security interest to attach, either the parties must Agree, or, the debtor must take Possession of the collateral, pay value, and have rights in the collateral.

Buyer in the ordinary course requirements: Good Kids Only
1. Buys goods in good faith
2. Without knowledge that the sale violates the rights of another person in the goods
3. and in the ordinary course from a person in the business of selling goods of that kind.

Perfection: TAFT
1. Taking possession
2. Automatic perfection
3. Filing the financing statement
4. Temporary perfection


You are a good person.

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northwood
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Re: KAPLAN BAR REVIEW hangout

Postby northwood » Sun Jul 20, 2014 10:25 pm

constructive trusts graduated from PBCTU

Promise to hold property for the benefit of P
D breaches this promise
Confidential/ fiduciary relationship
transfer of property
unjustly enriches the D or a 3rd party

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northwood
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Re: KAPLAN BAR REVIEW hangout

Postby northwood » Sun Jul 20, 2014 10:45 pm

Trust in D. Betdl ( how to make a trust)

Designated Beneficiary
Efective delivery
trustee
designated fund or property
lawful purpose

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a male human
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Re: KAPLAN BAR REVIEW hangout

Postby a male human » Sun Jul 20, 2014 11:37 pm

Mnemonics work only if I remember where they are in my condensed outline.

For example, in the last page of this outline, regulation of obscene speech is valid only if it as a whole lacks serious literary, artistic, political, or scientific (LAPS) value. I tend to remember not the acronym only but also its positioning on a page at the same time.

I was even able to recall the acronym to call something out in another forum about how some content lacked [LAPS] value.

jmga
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Re: KAPLAN BAR REVIEW hangout

Postby jmga » Mon Jul 21, 2014 12:10 am

I just googled this forum and created a TLS account for the sole purpose of posting this:

Kaplan invents Supreme Court opinion quotations. At least they did it once, and I think it's egregious enough to post publicly. Let me be clear: I'm talking about referencing Supreme Court cases using quotation marks, and the phrase between the quotation marks is not in the opinion. This one also happens to be wrong on the law.

Here's an example, on page 650 of the 2013 Multistate Workbook, Criminal Procedure question 50.

In Uncle Kaplan's explanation for why attaching a GPS device to a car for the purpose of a criminal investigation is not a search, he says: "In United States v. Karo, 468 U.S. 705 (1984), the Supreme Court concluded that 'the mere installation of a beeper is no search because that act alone infringed no privacy interest.'"

Here's the actual quote:

"The mere transfer to Karo of a can containing an unmonitored beeper infringed no privacy interest."

That's right. Uncle Kaplan, who apparently isn't aware of the Jones GPS tracking case from 2012, is not only screwing up in the vanilla bar prep company variety but is even fake-quoting Supreme Court cases to do it.

I'm just too tired of studying for this BS to actually complain to Kaplan.

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a male human
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Re: KAPLAN BAR REVIEW hangout

Postby a male human » Mon Jul 21, 2014 12:35 am

jmga wrote:I just googled this forum and created a TLS account for the sole purpose of posting this:

Kaplan invents Supreme Court opinion quotations. At least they did it once, and I think it's egregious enough to post publicly. Let me be clear: I'm talking about referencing Supreme Court cases using quotation marks, and the phrase between the quotation marks is not in the opinion. This one also happens to be wrong on the law.

Here's an example, on page 650 of the 2013 Multistate Workbook, Criminal Procedure question 50.

In Uncle Kaplan's explanation for why attaching a GPS device to a car for the purpose of a criminal investigation is not a search, he says: "In United States v. Karo, 468 U.S. 705 (1984), the Supreme Court concluded that 'the mere installation of a beeper is no search because that act alone infringed no privacy interest.'"

Here's the actual quote:

"The mere transfer to Karo of a can containing an unmonitored beeper infringed no privacy interest."

That's right. Uncle Kaplan, who apparently isn't aware of the Jones GPS tracking case from 2012, is not only screwing up in the vanilla bar prep company variety but is even fake-quoting Supreme Court cases to do it.

I'm just too tired of studying for this BS to actually complain to Kaplan.

Quoting in case jmga gets blackmailed/assassinated by Kaplan

Pokemon
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Re: KAPLAN BAR REVIEW hangout

Postby Pokemon » Mon Jul 21, 2014 1:12 am

Oh who cares about a case being wrong... if you think that such mistakes will lead one to fail then am not sure what to say. Personally, considering the amount of material they are producing, I would have been shocked if they had no mistakes.

Also, my plan is to make attack outlines for commonly tested areas, tonight and tomorrow. Tuesday take the additional MBE. Then Wednesday through Sunday memorize NY Law + MBE LAW for NY via flashcards.

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JenDarby
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Re: KAPLAN BAR REVIEW hangout

Postby JenDarby » Mon Jul 21, 2014 1:20 am

Pokemon wrote:Oh who cares about a case being wrong... if you think that such mistakes will lead one to fail then am not sure what to say. Personally, considering the amount of material they are producing, I would have been shocked if they had no mistakes.

Also, my plan is to make attack outlines for commonly tested areas, tonight and tomorrow. Tuesday take the additional MBE. Then Wednesday through Sunday memorize NY Law + MBE LAW for NY via flashcards.

Tonight...as in now at 1am?




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