. Forum

[forza]

Doomed to make IDIOTIC mistakes on property questions. Just resigned to that fact. Pressing on toward acceptance.

[elysiansmiles]

So, I'm a fair bit through Commercial Paper now, and I didn't have any exposure to this in law school. I'm still a little confused - why are negotiable instruments "negotiable?" He's only really given as examples checks and loans, and neither really seems too negotiable. What is the opposite of a negotiable instrument? It appears to be a contract, but I'm really confused as to why that would be. Does anyone understand this stuff?

[smokyroom26]

So, I'm a fair bit through Commercial Paper now, and I didn't have any exposure to this in law school. I'm still a little confused - why are negotiable instruments "negotiable?" He's only really given as examples checks and loans, and neither really seems too negotiable. What is the opposite of a negotiable instrument? It appears to be a contract, but I'm really confused as to why that would be. Does anyone understand this stuff?

My understanding is that in this context, "negotiable" means that the instrument is capable of being legally transferred or assigned to another person (not that people who, say, accept checks can negotiate the amount of the check with the person who gives it to them).

[Bustang]

Instrument is negotiable if it 1) writing signed by the maker or drawer, 2) promise or order to pay a definite amount 3) unconditionally 4) payable on demand or at a definite date, 5) to order or bearer 6) only obligates the payor to pay money.

If you satisfy those factors, then negotiable. If you do not, then you're outside of article 3. There are some exceptions applying to checks etc.

[smokyroom26]

Never mind. Saw that someone else asked about this very Q upthread. Carry on.

[Bikeflip]

Percentage check? 55% for CO/UBE.

[Holly Golightly]

33% for IL..

[HETPE3B]

66% NY

[Dr. Review]

Hit 59% today and got a 15/20 on my PT. I may pass this thing after all.

[antonious13]

60% for CA

For some reason, I can't bring myself to actually do this graded performance exam. Can someone hook me up with a month supply of Adderall?

[missinglink]

63% CA.

I'm doing a fair bit of work "off-plan" at this point. Essays are a weak point so I've been doing extra work there using other test prep materials.

[09042014]

I really wish they didn't give us Illinois specific Wills and Trusts. It's mostly tested on MEE so I'd rather know the majority rules.

[Agoraphobia]

61%IL but I'm not at all confident with MBE subjects yet. My results are all over the place. MPT was a nightmare to complete and exhausted me for the entire rest of the day. I'm not sure how we are expected to do this, plus ANYTHING else in one day.

[balzie94]

Did anyone else think that the second MBE Mixed section was really, really hard? I got a 50% on this section, whereas I scored ~70% on the first and third sets...

58% --> 74%. So no.

I tend to believe the theory that Themis adapts to you and gives you questions based on what you've been getting wrong. I don't think we've been answering same questions in mixed sets, so there's no comparing them.

Well, now I did worst yet on the third set. 70-something to 60-something to 44%. I can't believe how badly I did on these last ones. Maybe I'm tired...?

+1. Went from 70%, 67%, to 50%. I did notice that out of the 102 questions on the three sets, 25 were Contracts (my weakness) and only 13 were on Con Law (my strength) On the real exam, the proportion will be even. The same, of course, applies to the other subjects.

[as stars burn]

57% Illinois....

But, I've been skipping around a bit trying to finish lectures so I can focus on MBEs, essays and memorization starting mid-week next week hopefully. I haven't even done a practice MPT yet let alone the graded one. I'll probably do both next week. I had to do an MPT for a law school course and was so pressed for time that I didn't finish. I'm scared to do it for the bar exam now.

[smokyroom26]

Ugh, the amount of repeated material in the Texas evidence lectures is driving me batty. SHUT UP JUST TELL ME THE DIFFERENCES.

[missinglink]

Question regarding application of the felony murder rule:

Is the majority rule regarding the death of a third party during the course of a felony the agency theory or proximate cause theory? I got a question on the MBE practice that was testing this distinction, but the call of the question didn't say whether agency theory or proximate cause theory applied.

The answer, however, assumed that proximate cause theory applied and not the agency theory. Is that right? On the MBE, do we assume that proximate cause theory is the 'law of the land' in MBE-world?

[Torts Illustrated]

Question regarding application of the felony murder rule:

Is the majority rule regarding the death of a third party during the course of a felony the agency theory or proximate cause theory? I got a question on the MBE practice that was testing this distinction, but the call of the question didn't say whether agency theory or proximate cause theory applied.

The answer, however, assumed that proximate cause theory applied and not the agency theory. Is that right? On the MBE, do we assume that proximate cause theory is the 'law of the land' in MBE-world?

The majority view is proximate cause, so apply that unless the question specifies agency.

[Agoraphobia]

Maybe it's just that it's the last lecture set, but Secured Transactions is literally, physically, painful.

[forza]

So am I the only one who finds the MPT exercises kind of fun and a nice break from the other bullshit on the bar? At the very least, it seems like super easy points.

[antonious13]

So am I the only one who finds the MPT exercises kind of fun and a nice break from the other bullshit on the bar? At the very least, it seems like super easy points.

It's not that they're hard or anything. It's that they take forfuckever to do, and my brain is not cooperating at the moment. Taking the 4th and part of the 5th off kinda spoiled it.

[missinglink]

30 minute review? So, like, just set a clock and review for 30 minutes?

Seems arbitrary.

[Agoraphobia]

So am I the only one who finds the MPT exercises kind of fun and a nice break from the other bullshit on the bar? At the very least, it seems like super easy points.

It's not that they're hard or anything. It's that they take forfuckever to do, and my brain is not cooperating at the moment. Taking the 4th and part of the 5th off kinda spoiled it.

They're a little more fun, but for me they are exhausting.

[hasmith]

Good luck to everyone as it gets near crunch time. I don't know if this is still the case, but if you are scheduled to take the test at the University of Chicago Gleacher center you should be able to use the wireless connection there to upload your answers at the end of day 1. I was nervous about that, particularly the time frame, but at least in 2011 it worked like a charm. Keep in mind that this is a test of minimum competency and you will almost certainly pass.

[elysiansmiles]

I feel like in Contracts I'm reading the same fact patterns over and over again with different nouns substituted. I just did a question about a Law Review prize that I think was exactly the same as a question about a Poetry prize a few question sets ago. I've had a few where I think only the party names were changed. Either I'm going crazy, or I've read all the Contracts fact patterns in existence and now we're on repeat.