KAPLAN BAR REVIEW hangout

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bazinga!
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Re: KAPLAN BAR REVIEW hangout

Postby bazinga! » Sat Jul 26, 2014 8:30 pm

JJDancer wrote:Since you guys are so awesome, K clarification please!
I always forget the rule about
family context, is the person asking getting a benefit rule - lol I can't even remember what it is about right now..conditions maybe?

Can someone please remind me of that rule/those considerations? Thanks!


I'm not 100% sure what you're referencing, but if you mean is there a benefit of the bargain between family members making a contract or potentially gratuitous gift I think it goes like this:

- regardless of family context, if there is a promise to perform from A where the party refrains from doing something they have a legal right to do (like drink or smoke) or doing something they're compelled to based on the return promise (like putting effort in to get all A's in school) and family member B promises money/trip/whatever in return, that's a valid K. The court won't look into the black box of consideration to determine if family member B actually got some "benefit" and won't rule it not supported by consideration even if family member A actually gets some "benefit" in teh form of a good GPA or healthy liver.

- if there's a promise that could be considered gratuitous or donative and the courts are having to decide which it is, courts are more likely to read it as gratuitous/donative if between family members, and more likely to read it as a contract supported by valid consideration if between two non-family members/close friends. But these are rebuttable by evidence to the contrary of the intent of the promisor/promisee

JJDancer
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Re: KAPLAN BAR REVIEW hangout

Postby JJDancer » Sat Jul 26, 2014 8:44 pm

bazinga! wrote:
JJDancer wrote:Since you guys are so awesome, K clarification please!
I always forget the rule about
family context, is the person asking getting a benefit rule - lol I can't even remember what it is about right now..conditions maybe?

Can someone please remind me of that rule/those considerations? Thanks!


I'm not 100% sure what you're referencing, but if you mean is there a benefit of the bargain between family members making a contract or potentially gratuitous gift I think it goes like this:

- regardless of family context, if there is a promise to perform from A where the party refrains from doing something they have a legal right to do (like drink or smoke) or doing something they're compelled to based on the return promise (like putting effort in to get all A's in school) and family member B promises money/trip/whatever in return, that's a valid K. The court won't look into the black box of consideration to determine if family member B actually got some "benefit" and won't rule it not supported by consideration even if family member A actually gets some "benefit" in teh form of a good GPA or healthy liver.

- if there's a promise that could be considered gratuitous or donative and the courts are having to decide which it is, courts are more likely to read it as gratuitous/donative if between family members, and more likely to read it as a contract supported by valid consideration if between two non-family members/close friends. But these are rebuttable by evidence to the contrary of the intent of the promisor/promisee


Thank you - yes this is what I was referring to.

I just remember there being about 4 factors for the is it gratuitous or not issue:
for example
1) family or commercial context
2) does the offeror actually get a benefit?
and I can't remember the other two...

sandcastle45
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Re: KAPLAN BAR REVIEW hangout

Postby sandcastle45 » Sat Jul 26, 2014 8:45 pm

I went back to the midterm and am listening to Chris Fromm's explanations of the ones I got wrong because I never did that for the midterm and I found it really helpful (in upping my score on the additional) after I listened to the final ones.

He just made a Friday Night Lights reference.

<3

ARACECAR
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Re: KAPLAN BAR REVIEW hangout

Postby ARACECAR » Sun Jul 27, 2014 1:06 am

Has anyone else noticed that sometimes the iPhone or iPad app will upload your quizzes as if you didn't select any answers. Sometimes I'll sync my device and then check online only to find that I got 0% correct on quizzes because there are no recorded answers. I know it doesn't actually matter at this point- but I'm just wondering if I'm the only one. Appears to mostly happen if you let time run to 0.

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soccerfreak
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Re: KAPLAN BAR REVIEW hangout

Postby soccerfreak » Sun Jul 27, 2014 3:05 am

Alright guys, my primary distraction of the past week has finally culminated in a first date, possibly the night of the exam. Am I doing bar studying completely right, or completely wrong?

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bazinga!
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Re: KAPLAN BAR REVIEW hangout

Postby bazinga! » Sun Jul 27, 2014 8:17 am

Super duper random throwback to the midterm, but I remember some people on here (myself included) being kinda pissy at a question about a bounder getting into an argument with a patron about something random and then hitting the patron. Just perusing my agency outline because I haven't done any agency essay questions and found this little ditty - modern trend towards principal liability of intentional tort of employee if employee is in an argument when the tort occured, and arguments are a part of the employee's job (i.e. bouncer, bill collector . . .). Who knew?!

I feel like at this point in time, the only thing my brain will retain are useless, 99.9% unlikely to be tested trivia. But dammit, I will get that Q right in the .01% chance it is asked!!

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bazinga!
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Re: KAPLAN BAR REVIEW hangout

Postby bazinga! » Sun Jul 27, 2014 8:18 am

soccerfreak wrote:Alright guys, my primary distraction of the past week has finally culminated in a first date, possibly the night of the exam. Am I doing bar studying completely right, or completely wrong?


Tuesday night or Wednesday night? Wednesday night - then bravo and well done. Tuesday night...I don't see that date going great for either of you.

semplice
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Re: KAPLAN BAR REVIEW hangout

Postby semplice » Sun Jul 27, 2014 8:52 am

Kaplan's model answer to February 2005 Q001 says that the warranty of title in sale of goods cases can't be expressly or impliedly disclaimed. Yet right here on page 134 of the MBE outline it says that the warranty of title and against infringement can be excluded or modified by specific language or circumstances. So is Kaplan's model answer just wrong?

NonTradHealthLaw
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Re: KAPLAN BAR REVIEW hangout

Postby NonTradHealthLaw » Sun Jul 27, 2014 9:01 am

semplice wrote:Kaplan's model answer to February 2005 Q001 says that the warranty of title in sale of goods cases can't be expressly or impliedly disclaimed. Yet right here on page 134 of the MBE outline it says that the warranty of title and against infringement can be excluded or modified by specific language or circumstances. So is Kaplan's model answer just wrong?


Haven't looked at that specific essay, but, yes. I've found numerous instances where the model answer is incorrect. Use that as solace that for most states, the expectations on essays are quite low.

semplice
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Re: KAPLAN BAR REVIEW hangout

Postby semplice » Sun Jul 27, 2014 9:15 am

NonTradHealthLaw wrote:
semplice wrote:Kaplan's model answer to February 2005 Q001 says that the warranty of title in sale of goods cases can't be expressly or impliedly disclaimed. Yet right here on page 134 of the MBE outline it says that the warranty of title and against infringement can be excluded or modified by specific language or circumstances. So is Kaplan's model answer just wrong?


Haven't looked at that specific essay, but, yes. I've found numerous instances where the model answer is incorrect. Use that as solace that for most states, the expectations on essays are quite low.


I'm under the impression that Kaplan's model answers are produced in-house and are not actual student answers from previous administrations. If that's true, I don't see how Kaplan's answers would reflect on the graders' expectations-- unless we're to infer from Kaplan's carelessness that the essays aren't very important.

NonTradHealthLaw
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Re: KAPLAN BAR REVIEW hangout

Postby NonTradHealthLaw » Sun Jul 27, 2014 9:19 am

Your impression is wrong

edited to add, at least for my state where Kaplan's "model" answers match word-for-word the student answers submitted on the official bar examiners' website.

Sorry to be a dick

shock259
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Re: KAPLAN BAR REVIEW hangout

Postby shock259 » Sun Jul 27, 2014 9:54 am

So we are all pretty much done studying at this point, right? I think I'll review a few notes today (1-2 hours). But otherwise, just going to relax and turn off my brain.

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JenDarby
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Re: KAPLAN BAR REVIEW hangout

Postby JenDarby » Sun Jul 27, 2014 10:01 am

shock259 wrote:So we are all pretty much done studying at this point, right? I think I'll review a few notes today (1-2 hours). But otherwise, just going to relax and turn off my brain.

I was out until like 3am last night. Visiting my boyfriends newborn god daughter turned into going to a club with the father. I don't know how this happened but I am basically done studying. I will review done essay outlines today and do some MBE to keep my brain functional.

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Tanicius
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Re: KAPLAN BAR REVIEW hangout

Postby Tanicius » Sun Jul 27, 2014 10:06 am

JenDarby wrote:
shock259 wrote:So we are all pretty much done studying at this point, right? I think I'll review a few notes today (1-2 hours). But otherwise, just going to relax and turn off my brain.

I was out until like 3am last night. Visiting my boyfriends newborn god daughter turned into going to a club with the father. I don't know how this happened but I am basically done studying. I will review done essay outlines today and do some MBE to keep my brain functional.


+1 -.9 = +.1 to account for the fact that I didn't go to a nightclub last night.

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JenDarby
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Re: KAPLAN BAR REVIEW hangout

Postby JenDarby » Sun Jul 27, 2014 10:08 am

Tanicius wrote:
JenDarby wrote:
shock259 wrote:So we are all pretty much done studying at this point, right? I think I'll review a few notes today (1-2 hours). But otherwise, just going to relax and turn off my brain.

I was out until like 3am last night. Visiting my boyfriends newborn god daughter turned into going to a club with the father. I don't know how this happened but I am basically done studying. I will review done essay outlines today and do some MBE to keep my brain functional.


+1 -.9 = +.1 to account for the fact that I didn't go to a nightclub last night.

:lol: I hate clubs too. Before we went out to visit the baby I said "we must be home by 9pm". That didn't work so well

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Tanicius
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Re: KAPLAN BAR REVIEW hangout

Postby Tanicius » Sun Jul 27, 2014 10:13 am

JenDarby wrote:
Tanicius wrote:
JenDarby wrote:
shock259 wrote:So we are all pretty much done studying at this point, right? I think I'll review a few notes today (1-2 hours). But otherwise, just going to relax and turn off my brain.

I was out until like 3am last night. Visiting my boyfriends newborn god daughter turned into going to a club with the father. I don't know how this happened but I am basically done studying. I will review done essay outlines today and do some MBE to keep my brain functional.


+1 -.9 = +.1 to account for the fact that I didn't go to a nightclub last night.

:lol: I hate clubs too. Before we went out to visit the baby I said "we must be home by 9pm". That didn't work so well



By about 5pm yesterday I had realized I'm going to be okay on this exam and finally stopped feeling mega-stressed. Had my first beer then and had my fourth at 8:30.

I'm hung over right now. That's how little I've partied this summer.

shock259
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Re: KAPLAN BAR REVIEW hangout

Postby shock259 » Sun Jul 27, 2014 10:22 am

:P

Awesome. Haha. I'm still getting stressed out messages/FB posts/etc from fellow law students. Glad I'm not the only one who has stopped studying.

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LeDique
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Re: KAPLAN BAR REVIEW hangout

Postby LeDique » Sun Jul 27, 2014 10:46 am

I'm planning to do a full day today, including a practice MPT or two that spleen convinced me to do

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Tanicius
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Re: KAPLAN BAR REVIEW hangout

Postby Tanicius » Sun Jul 27, 2014 10:52 am

LeDique wrote:I'm planning to do a full day today, including a practice MPT or two that spleen convinced me to do


Which MPTs? Are they particularly weird ones with strange formatting or something?

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LeDique
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Re: KAPLAN BAR REVIEW hangout

Postby LeDique » Sun Jul 27, 2014 10:57 am

Tanicius wrote:
LeDique wrote:I'm planning to do a full day today, including a practice MPT or two that spleen convinced me to do


Which MPTs? Are they particularly weird ones with strange formatting or something?


I have no idea. I haven't done any.

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Tanicius
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Re: KAPLAN BAR REVIEW hangout

Postby Tanicius » Sun Jul 27, 2014 10:57 am

LeDique wrote:
Tanicius wrote:
LeDique wrote:I'm planning to do a full day today, including a practice MPT or two that spleen convinced me to do


Which MPTs? Are they particularly weird ones with strange formatting or something?


I have no idea. I haven't done any.


Oh. Yeah you'll want to practice at least one MPT under timed conditions.

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JenDarby
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Re: KAPLAN BAR REVIEW hangout

Postby JenDarby » Sun Jul 27, 2014 10:58 am

LeDique wrote:
Tanicius wrote:
LeDique wrote:I'm planning to do a full day today, including a practice MPT or two that spleen convinced me to do


Which MPTs? Are they particularly weird ones with strange formatting or something?


I have no idea. I haven't done any.

I don't think it's necessary to do timed MPTs. In the workbook there is a section with models and explanations, just read that.

semplice
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Re: KAPLAN BAR REVIEW hangout

Postby semplice » Sun Jul 27, 2014 10:58 am

NonTradHealthLaw wrote:Your impression is wrong

edited to add, at least for my state where Kaplan's "model" answers match word-for-word the student answers submitted on the official bar examiners' website.

Sorry to be a dick


Ha! Well at least you admit it. To be fair, I should have said that I was referring to the NY exam. I've confirmed that the NY Workbook sample answers are "Kaplan-created," and the online essay bank samples don't resemble the Board's released student answers.

I'm surprised Kaplan uses student answers in their materials. Do they include a disclaimer?

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JenDarby
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Re: KAPLAN BAR REVIEW hangout

Postby JenDarby » Sun Jul 27, 2014 11:00 am

semplice wrote:
NonTradHealthLaw wrote:Your impression is wrong

edited to add, at least for my state where Kaplan's "model" answers match word-for-word the student answers submitted on the official bar examiners' website.

Sorry to be a dick


Ha! Well at least you admit it. To be fair, I should have said that I was referring to the NY exam. I've confirmed that the NY Workbook sample answers are "Kaplan-created," and the online essay bank samples don't resemble the Board's released student answers.

I'm surprised Kaplan uses student answers in their materials. Do they include a disclaimer?

The answers are all good enough to pass at a high level. The people grading don't know or care about nuances in the law any more than the next person.

We are looking to be minimally competent, not top of the class. Don't worry about it.

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LeDique
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Re: KAPLAN BAR REVIEW hangout

Postby LeDique » Sun Jul 27, 2014 11:03 am

Uhhh can I get a source that these are student answers? That was not my impression either. See e.g., constant disclaimers that "these are ideal, not under test conditions"




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