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Talar

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Re: THEMIS BAR REVIEW Hangout.

Post by Talar » Wed Jul 24, 2013 7:18 am

Yeah methinks the key word is unique. if he's unique there's no way the second guy can replicate his performance or really fill in. would probably trigger the exception.
Don't worry, I got it wrong too because I missed the word "unique." I think I got that question weeks ago though, so that's weird.

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forza

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Re: THEMIS BAR REVIEW Hangout.

Post by forza » Wed Jul 24, 2013 8:22 am

thebull wrote: It's not really poorly reasoned, that's one of the main exceptions to being able to freely assign or delegate a contract--a unique performance.
Meh, I know the exception, but the facts didn't scream it in that question. At least not like other questions I've seen where performance was to be completed by some uber famous impressionist painter (whose work CLEARLY couldn't be replicated).

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Agoraphobia

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Re: THEMIS BAR REVIEW Hangout.

Post by Agoraphobia » Wed Jul 24, 2013 10:48 am

Hey, people who are re-doing the earlier Mixed MBEs rather than torture yourselves with the later sets (since they're so nitpicky and horrible and probably of limited use), are you just clicking on that little italic "i" and working through them question by question? Is there a way to mix he topics back up again? TIA

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elysiansmiles

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Re: THEMIS BAR REVIEW Hangout.

Post by elysiansmiles » Wed Jul 24, 2013 11:22 am

I am totally blaming my failure on MBE mixed set 10 on the terribly worded questions and not on my lack of knowledge of the rules. Every time I got one wrong and read the explanation, I would say out loud "I know that rule/exception, but none of the answer choices said it!" or "That's true, but none of those facts were in the question!" Eventually I can kind of squint and turn my iPad upside down and maybe I could sort of interpret the question the way Themis did, but really, the questions are just such a failure of the English language that I don't think its my fault anymore if I'm getting them wrong.

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Re: THEMIS BAR REVIEW Hangout.

Post by Apollo526 » Wed Jul 24, 2013 11:32 am

elysiansmiles wrote:I am totally blaming my failure on MBE mixed set 10 on the terribly worded questions and not on my lack of knowledge of the rules. Every time I got one wrong and read the explanation, I would say out loud "I know that rule/exception, but none of the answer choices said it!" or "That's true, but none of those facts were in the question!" Eventually I can kind of squint and turn my iPad upside down and maybe I could sort of interpret the question the way Themis did, but really, the questions are just such a failure of the English language that I don't think its my fault anymore if I'm getting them wrong.
I agree, but my fear is that excuse won't cut it on the real exam. For every question that I miss like that, I make sure to note whether its a Themis adapted question or a legit Bar question. If its the later, try to identify what facts indicated the answer in case you see it for real.

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elysiansmiles

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Re: THEMIS BAR REVIEW Hangout.

Post by elysiansmiles » Wed Jul 24, 2013 11:42 am

Apollo526 wrote:
elysiansmiles wrote:I am totally blaming my failure on MBE mixed set 10 on the terribly worded questions and not on my lack of knowledge of the rules. Every time I got one wrong and read the explanation, I would say out loud "I know that rule/exception, but none of the answer choices said it!" or "That's true, but none of those facts were in the question!" Eventually I can kind of squint and turn my iPad upside down and maybe I could sort of interpret the question the way Themis did, but really, the questions are just such a failure of the English language that I don't think its my fault anymore if I'm getting them wrong.
I agree, but my fear is that excuse won't cut it on the real exam. For every question that I miss like that, I make sure to note whether its a Themis adapted question or a legit Bar question. If its the later, try to identify what facts indicated the answer in case you see it for real.
Ugh, I can only hope they're not this bad, but I share your fear. Recent example:

Question ID:2688
Question
One year, a series of bank robberies occurred in a city. Early the following year, the city council adopted this resolution: "The city will pay $10,000 for the arrest and conviction of anyone guilty of any of last year's bank robberies committed here." The foregoing was telecast by the city's sole television station once daily for one week. Subsequently, a bank that had been robbed, by a written memorandum to a private detective, proposed to pay the detective $200 "for each day's work you actually perform in investigating our robbery." A few months later, the city council by resolution repealed its reward offer and caused this resolution to be broadcast once daily for a week over two local radio stations, the local television station having meanwhile ceased operations. The following month, an individual voluntarily confessed to the detective to having committed all of the robberies in question. The bank’s president thereupon paid the detective at the proposed daily rate for his investigation and suggested that the detective also claim the city's reward, of which the detective had been previously unaware. The detective immediately made the claim. Shortly thereafter, as a result of the detective's investigation, the individual was convicted of robbing the bank. The city, which has no immunity to suit, has since refused to pay the detective anything, although he swears that he never heard of the city's repeal before claiming his reward. With respect to duration, the city's reward offer was terminable

Answers
A. by lapse of time, on December 31 of the year in which it was made.
B. not by lapse of time, but only by effective revocation.
C. not by revocation, but only by lapse of a reasonable time.
D. either by lapse of a reasonable time or earlier by effective revocation.

Rationale:
Answer choice D is correct. If the offeror does not set a time limit for acceptance, the power of acceptance terminates at the end of a reasonable period of time. If the offeror effectively revokes the offer, it automatically terminates. Answer choices A, B, and C do not provide both of these options and are therefore incorrect. The foregoing NCBE MBE question has been modified to reflect current NCBE stylistic approaches; the NCBE has not reviewed or endorsed this modification.


"With respect to duration, the city's reward offer was terminable" ?? I thought it was asking me "When did the offer terminate, thus relieving the city of the obligation to pay the detective?" I GUESS Themis's reading of it was "How do offers terminate, generally?" The alleged rationale did nothing to clarify. I think part of the problem is that this was one of the those fact patterns that Themis tries to fit 26 different questions into, and so maybe that contributed to the mess.

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Re: THEMIS BAR REVIEW Hangout.

Post by Bronx Bum » Wed Jul 24, 2013 11:55 am

Just got destroyed on Mixed 15 with a 30/50. Hope the real thing isn't as difficult as these questions are. If I'm only worth a 60% after 2 months of studying, maybe I don't deserve to be a lawyer.

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BarbellDreams

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Re: THEMIS BAR REVIEW Hangout.

Post by BarbellDreams » Wed Jul 24, 2013 12:00 pm

Bronx Bum wrote:Just got destroyed on Mixed 15 with a 30/50. Hope the real thing isn't as difficult as these questions are. If I'm only worth a 60% after 2 months of studying, maybe I don't deserve to be a lawyer.
A 60% raw will pass with decent essays.

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Re: THEMIS BAR REVIEW Hangout.

Post by Bronx Bum » Wed Jul 24, 2013 12:15 pm

BarbellDreams wrote:
Bronx Bum wrote:Just got destroyed on Mixed 15 with a 30/50. Hope the real thing isn't as difficult as these questions are. If I'm only worth a 60% after 2 months of studying, maybe I don't deserve to be a lawyer.
A 60% raw will pass with decent essays.

Really? Taking NY. So that 120 minimum nonsense to pass is flame?

Anyway, I have a good bro who took themis last year who said the real thing was easier. Banking on that.

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BarbellDreams

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Re: THEMIS BAR REVIEW Hangout.

Post by BarbellDreams » Wed Jul 24, 2013 12:18 pm

Bronx Bum wrote:
BarbellDreams wrote:
Bronx Bum wrote:Just got destroyed on Mixed 15 with a 30/50. Hope the real thing isn't as difficult as these questions are. If I'm only worth a 60% after 2 months of studying, maybe I don't deserve to be a lawyer.
A 60% raw will pass with decent essays.

Really? Taking NY. So that 120 minimum nonsense to pass is flame?

Anyway, I have a good bro who took themis last year who said the real thing was easier. Banking on that.
I have no idea about NY. For PA my grader said that the reason most "goals" on the MBE mixed are 60%+ is that at 60% raw + solid essays can still pass. I have no idea how NY is scored and whatnot so I can't comment on NY. Also, based on everything written here on how bad the NY multiple choice is, I can see them scaling it up a ton to compensate.

EDIT - As for the real thing, I truly believe that a lot of the MBE will be basic stuff anyone here can destroy for close to 100%. Based on everything people who have taken it told me I am fully prepared to second guess answers because they seem to obvious.

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Chichaca

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Re: THEMIS BAR REVIEW Hangout.

Post by Chichaca » Wed Jul 24, 2013 12:33 pm

Ugh, I'm so sick of getting graded essays back with a failing score and comments that say "This is incorrect. It is not what the model answer says. Please see the model answer for the correct analysis."

Guess I'm on my own for this thing.

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BarbellDreams

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Re: THEMIS BAR REVIEW Hangout.

Post by BarbellDreams » Wed Jul 24, 2013 12:48 pm

Chichaca wrote:Ugh, I'm so sick of getting graded essays back with a failing score and comments that say "This is incorrect. It is not what the model answer says. Please see the model answer for the correct analysis."

Guess I'm on my own for this thing.
My grader is pretty meh. Sometimes he gives detailed advice and sometimes its one sentence. If you don't have the time to grade it thoroughly you shouldn't have signed up to work for Themis. I also still find it funny that he messed up how the dormant commerce clause worked, told me it didn't apply to the situation at all, graded me down for it, and told me to look at the model answer which explained how the dormant commerce clause is the main issue in the essay.

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JuTMSY4

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Re: THEMIS BAR REVIEW Hangout.

Post by JuTMSY4 » Wed Jul 24, 2013 12:54 pm

My grader has been equally useless. He's definitely graded my essay, but in terms of advice and how to fix it, I've learned may a few bits. It's hard to say though, my friends in the other big programs, say similar things and I gather graded essays are more of a selling point then really having actual value. I'd rather just have someone grade my simulated exam

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Re: THEMIS BAR REVIEW Hangout.

Post by Bronx Bum » Wed Jul 24, 2013 12:59 pm

JuTMSY4 wrote:My grader has been equally useless. He's definitely graded my essay, but in terms of advice and how to fix it, I've learned may a few bits. It's hard to say though, my friends in the other big programs, say similar things and I gather graded essays are more of a selling point then really having actual value. I'd rather just have someone grade my simulated exam
Their essay grading has been shit. But fortunately she's more generous than harsh so it's a confidence boost.

I like themis's model answers though.

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JuTMSY4

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Re: THEMIS BAR REVIEW Hangout.

Post by JuTMSY4 » Wed Jul 24, 2013 1:06 pm

Bronx Bum wrote:
JuTMSY4 wrote:My grader has been equally useless. He's definitely graded my essay, but in terms of advice and how to fix it, I've learned may a few bits. It's hard to say though, my friends in the other big programs, say similar things and I gather graded essays are more of a selling point then really having actual value. I'd rather just have someone grade my simulated exam
Their essay grading has been shit. But fortunately she's more generous than harsh so it's a confidence boost.

I like themis's model answers though.
My ability to type and/or the proper use of then versus than still remains suspect.

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kalvano

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Re: THEMIS BAR REVIEW Hangout.

Post by kalvano » Wed Jul 24, 2013 1:06 pm

Themis' model answers are much better than BarBri's. Comprehensive without being absurd.

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Charles Barkley

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Re: THEMIS BAR REVIEW Hangout.

Post by Charles Barkley » Wed Jul 24, 2013 1:07 pm

I stopped doing the graded essays. My grader was giving me grades such as 36, even though my answers were pretty close to the model answers. She also gave me 36 for every category, such as "knowledge & analysis." It was a joke.

Anyway, trying to learn commercial paper + secured transactions today.

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JuTMSY4

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Re: THEMIS BAR REVIEW Hangout.

Post by JuTMSY4 » Wed Jul 24, 2013 1:09 pm

kalvano wrote:Themis' model answers are much better than BarBri's. Comprehensive without being absurd.
we're not supposed to cite to appropriate caselaw?

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Reinhardt

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Re: THEMIS BAR REVIEW Hangout.

Post by Reinhardt » Wed Jul 24, 2013 1:20 pm

Edit: The subject matter of my reply was deleted, and so my reply has been voided.
Last edited by Reinhardt on Wed Jul 24, 2013 1:21 pm, edited 1 time in total.

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Re: THEMIS BAR REVIEW Hangout.

Post by Bronx Bum » Wed Jul 24, 2013 1:20 pm

JuTMSY4 wrote:
kalvano wrote:Themis' model answers are much better than BarBri's. Comprehensive without being absurd.
we're not supposed to cite to appropriate caselaw?
Almost shit my pants when I looked on the NY BOLE site at model answers and saw some student example of a guy citing to supreme court cases with numbers and everything. Then I realized it was the MPT.

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Re: THEMIS BAR REVIEW Hangout.

Post by JD_done » Wed Jul 24, 2013 1:21 pm

I have to chime in to say that my attorney adviser has been very helpful with comments on the essays. He inserts parts of rules I missed and makes helpful suggestions.

I guess it's the luck of the draw.

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Re: THEMIS BAR REVIEW Hangout.

Post by Kretzy » Wed Jul 24, 2013 1:29 pm

JD_done wrote:I have to chime in to say that my attorney adviser has been very helpful with comments on the essays. He inserts parts of rules I missed and makes helpful suggestions.

I guess it's the luck of the draw.
Yeah, mine was pretty terrible. Looking back through the five graded essays, I only got one substantive comment that wasn't "Check the model answer for what you should have said here." And I think her particularly suggestion was incorrect. And it's not like she thought they were good - I only got one passing grade.

Luckily I'm very satisfied with the rest of the program, and I think the model answers were overall quite helpful. But getting two low essay grades without real feedback 10 days before the exam was a real downer and induced my very first "Oh my god, I'm going to fail this thing." Maybe that was the goal, but it resulted in me watching Arrested Development to make myself feel better instead of doubling-down on studying that day.

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Charles Barkley

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Re: THEMIS BAR REVIEW Hangout.

Post by Charles Barkley » Wed Jul 24, 2013 1:32 pm

Did everyone who has to learn commercial paper have the lecture by Neal Newman? He makes the material very easy.

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Reinhardt

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Re: THEMIS BAR REVIEW Hangout.

Post by Reinhardt » Wed Jul 24, 2013 1:37 pm

Kretzy, we probably have the same grader. I haven't done graded essays since the first 4 as a result.

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Charles Barkley

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Re: THEMIS BAR REVIEW Hangout.

Post by Charles Barkley » Wed Jul 24, 2013 1:37 pm

Reinhardt wrote:Kretzy, we probably have the same grader. I haven't done graded essays since the first 4 as a result.
I'm glad i'm not the only one that has stopped doing the graded essays.

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