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missinglink
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Re: THEMIS BAR REVIEW Hangout.

Postby missinglink » Sat Jul 06, 2013 3:41 am

Mixed MBE SPOILER (TORTS)

In 2006, a utility company constructed a new plant for the generation of electricity. The plant burns lignite, a low grade fuel which is available in large quantities.
Although the plant was constructed in accordance with the best practicable technology, the plant emits a substantial quantity of invisible fumes. The only way the utility company can reduce the fumes is by the use of scrubbing equipment that would cost $50,000,000 to install and would increase the retail price of generated electricity by 50 percent while reducing the volume of fumes by only 20 percent. Because of the expense of such equipment and its relative ineffectiveness, no other generating plants burning lignite use such equipment.
The plant was located in a sparsely settled rural area, remote from the large city served by the utility company. A farmer owned a farm adjacent to the plant.
The farmer’s hay fever, from which he had long suffered, became worse in 2006. Physicians advised him that the lignite fumes were affecting it and that serious lung disease would soon result unless he moved away from the plant. He did so, selling his farm at its reasonable market value, which was then $10,000 less than before the construction of the plant.
If the farmer asserts a claim based on nuisance against the utility company for damages for personal injuries, will the farmer prevail?
A. No, because there is no practicable way for the utility company to reduce the fumes.
B. No, because the utility company's acts constituted a public nuisance.
C. Yes, because the farmer's personal injuries were within the scope of the liability imposed on the utility company.
D. Yes, because the generation of electricity is an ultra-hazardous activity.
Incorrect: Answer choice C is correct. A private nuisance is a substantial and unreasonable interference with the use and enjoyment of another individual’s land. The conduct is considered unreasonable if its utility does not outweigh the gravity of the injury produced. If the farmer’s personal injuries are within the scope of liability, he will prevail. Answer choice A is incorrect because, even if there is no practical way to reduce the fumes, it does not absolve the utility company from liability where its acts create an unreasonable interference. Answer choice B is incorrect because the above fact pattern does not establish a public nuisance, which generally deals with an unreasonable interference with a right common to the general public. Answer choice D is incorrect because even if the activity is ultra-hazardous, its ultra-hazardous nature alone does not establish a nuisance.


I said answer A was correct. The explanation says that "Answer choice A is incorrect because, even if there is no practical way to reduce the fumes, it does not absolve the utility company from liability where its acts create an unreasonable interference."

I guess I'm misunderstanding the definition of reasonable and unreasonable here. Based on the facts (i.e., 50 million scrubbing equipment, increasing price of energy by 50%) is seems to me that given the very minor imposition on the farmer the interference seems pretty reasonable. The only thing I see weighing in the farmer's favor here is that the fact pattern suggests that he had lived there before the power plant set up shop.

dsclaw
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Re: THEMIS BAR REVIEW Hangout.

Postby dsclaw » Sat Jul 06, 2013 7:46 am

missinglink wrote:Mixed MBE SPOILER (TORTS)

In 2006, a utility company constructed a new plant for the generation of electricity. The plant burns lignite, a low grade fuel which is available in large quantities.
Although the plant was constructed in accordance with the best practicable technology, the plant emits a substantial quantity of invisible fumes. The only way the utility company can reduce the fumes is by the use of scrubbing equipment that would cost $50,000,000 to install and would increase the retail price of generated electricity by 50 percent while reducing the volume of fumes by only 20 percent. Because of the expense of such equipment and its relative ineffectiveness, no other generating plants burning lignite use such equipment.
The plant was located in a sparsely settled rural area, remote from the large city served by the utility company. A farmer owned a farm adjacent to the plant.
The farmer’s hay fever, from which he had long suffered, became worse in 2006. Physicians advised him that the lignite fumes were affecting it and that serious lung disease would soon result unless he moved away from the plant. He did so, selling his farm at its reasonable market value, which was then $10,000 less than before the construction of the plant.
If the farmer asserts a claim based on nuisance against the utility company for damages for personal injuries, will the farmer prevail?
A. No, because there is no practicable way for the utility company to reduce the fumes.
B. No, because the utility company's acts constituted a public nuisance.
C. Yes, because the farmer's personal injuries were within the scope of the liability imposed on the utility company.
D. Yes, because the generation of electricity is an ultra-hazardous activity.
Incorrect: Answer choice C is correct. A private nuisance is a substantial and unreasonable interference with the use and enjoyment of another individual’s land. The conduct is considered unreasonable if its utility does not outweigh the gravity of the injury produced. If the farmer’s personal injuries are within the scope of liability, he will prevail. Answer choice A is incorrect because, even if there is no practical way to reduce the fumes, it does not absolve the utility company from liability where its acts create an unreasonable interference. Answer choice B is incorrect because the above fact pattern does not establish a public nuisance, which generally deals with an unreasonable interference with a right common to the general public. Answer choice D is incorrect because even if the activity is ultra-hazardous, its ultra-hazardous nature alone does not establish a nuisance.


I said answer A was correct. The explanation says that "Answer choice A is incorrect because, even if there is no practical way to reduce the fumes, it does not absolve the utility company from liability where its acts create an unreasonable interference."

I guess I'm misunderstanding the definition of reasonable and unreasonable here. Based on the facts (i.e., 50 million scrubbing equipment, increasing price of energy by 50%) is seems to me that given the very minor imposition on the farmer the interference seems pretty reasonable. The only thing I see weighing in the farmer's favor here is that the fact pattern suggests that he had lived there before the power plant set up shop.


Got this one wrong in my Torts section and still disagree with answer. Defendants usefulness clearly outweighs the injury caused to the defendant so Not sure how its unreasonable. The only thing I can think of is that you can still be entitled to possession if it does not make the defendant's actions implausible.
Last edited by dsclaw on Sat Jul 06, 2013 7:51 am, edited 1 time in total.

dsclaw
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Re: THEMIS BAR REVIEW Hangout.

Postby dsclaw » Sat Jul 06, 2013 7:48 am

forza wrote:
dsclaw wrote:WARNING TO NY THEMIS PEEPS: If anyone has not taken the graded 6 essay:Wills, the fact pattern is terribly written. It so vague in a crucial area in which both question 2 and 3 are based on that specific paragraph it is bullshit! Themis get your shit together!!! Fix the fact pattern!

SPOILER ON CONFUSING AREA

In June, Lender duly commenced a foreclosure action against Tina, and Lawyer timely served an answer on her behalf. In July, Lender served and filed a motion for summary judgment, but before the motion was heard, Tina died. On the return date of Lender’s motion, Lawyer signed a stipulation of settlement prepared by Lender stating that Tina owed Lender $250,000 and would pay Lender that amount.

Does this mean that the Attorney entered into the settlement without the clients consent or did the settlement offer happen before his death?


Yeah, I was baffled by that part of the essay question. I see now that it was asking about settlement without client consent, although I wrote some incomprehensible garbage about apparent authority in agency and the mortgagor's right to have their debts satisfied from the estate. Fucking PR.


I do not know if it was asking for settlement without client consent. I answered shittly in both ways almost running out of time, Themis really needs to clarify because the essay's wording is just terrible.

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forza
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Re: THEMIS BAR REVIEW Hangout.

Postby forza » Sat Jul 06, 2013 11:05 am

Dude, come on Frederic Bloom. A 38 minute lecture? Seriously?

Kretzy
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Re: THEMIS BAR REVIEW Hangout.

Postby Kretzy » Sat Jul 06, 2013 12:30 pm

Well I just got shellacked by Milestone 2 after doing well on Milestone 1. Less than 50% right on one of the subjects I was doing well in. This one felt a good bit harder than the first Milestone. And if it wasn't, I'm at least going to tell myself it was for the next few hours to make myself feel better.

BarBri kids are always talking about their practice quizzes being harder than the real thing. But do we think that's really true for Themis? It seems a little suspect when the averages on the two Milestones are, respectively, 69 and 71 percent.

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as stars burn
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Re: THEMIS BAR REVIEW Hangout.

Postby as stars burn » Sat Jul 06, 2013 12:54 pm

Kretzy wrote:Well I just got shellacked by Milestone 2 after doing well on Milestone 1. Less than 50% right on one of the subjects I was doing well in. This one felt a good bit harder than the first Milestone. And if it wasn't, I'm at least going to tell myself it was for the next few hours to make myself feel better.

BarBri kids are always talking about their practice quizzes being harder than the real thing. But do we think that's really true for Themis? It seems a little suspect when the averages on the two Milestones are, respectively, 69 and 71 percent.


I asked my advisor about the difficulty of the practice MBEs, which sort of relates to your concern. Here's what he said:

"I am not involved at all with the THEMIS multiple choice test creation…so this is just my speculative opinion. I think the practice tests are made that way so that you are constantly challenged [I asked him what percentage goal we should be aiming for on practice MBE sets and Milestone exams since the practice sets say 50% and Milestones says 60%]. There are typically few or no easy questions. Many seem to brush up against two issues. I don’t know if the plan is to scare students to keep studying, or to make sure they get the most out of each practice exam/section. On the actual MBE, I think you generally need around 120 correct answers out of 200 questions to pass. Personally, I thought there were more easy to moderate difficulty questions on the MBE than on my practice questions. Although, it might have been because I was more prepared at that time. If you are at or above the goals for the practice sets [and milestones] you should feel pretty good!"

I hope that helps a bit....I think in general bar review companies do try to give harder MBE practice questions to students so they will be prepared for whatever on the actual MBE.

TheBeard
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Re: THEMIS BAR REVIEW Hangout.

Postby TheBeard » Sat Jul 06, 2013 12:54 pm

Kretzy wrote:Well I just got shellacked by Milestone 2 after doing well on Milestone 1. Less than 50% right on one of the subjects I was doing well in. This one felt a good bit harder than the first Milestone. And if it wasn't, I'm at least going to tell myself it was for the next few hours to make myself feel better.

BarBri kids are always talking about their practice quizzes being harder than the real thing. But do we think that's really true for Themis? It seems a little suspect when the averages on the two Milestones are, respectively, 69 and 71 percent.


I've thought about this. I'm not so concerned with Themis' questions being harder than the actual MBEs; my concern is how closely do they mirror the difficulty of the actual MBEs. I used Themis for MPRE prep and did okay, but the actual MPRE questions, at least to me, felt a little harder than Themis' practice questions. Hopefully the MBE simulation that we have to take on Tuesday is a previously administered exam so we can get a real sense as to how we're doing.

JD_done
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Re: THEMIS BAR REVIEW Hangout.

Postby JD_done » Sat Jul 06, 2013 12:55 pm

forza wrote:Dude, come on Frederic Bloom. A 38 minute lecture? Seriously?


Seriously. Two of them were almost 40 minutes. Good news is you can watch Bloom on 2x and not miss much.
:|

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as stars burn
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Re: THEMIS BAR REVIEW Hangout.

Postby as stars burn » Sat Jul 06, 2013 1:40 pm

TheBeard wrote:
Kretzy wrote:Well I just got shellacked by Milestone 2 after doing well on Milestone 1. Less than 50% right on one of the subjects I was doing well in. This one felt a good bit harder than the first Milestone. And if it wasn't, I'm at least going to tell myself it was for the next few hours to make myself feel better.

BarBri kids are always talking about their practice quizzes being harder than the real thing. But do we think that's really true for Themis? It seems a little suspect when the averages on the two Milestones are, respectively, 69 and 71 percent.


I've thought about this. I'm not so concerned with Themis' questions being harder than the actual MBEs; my concern is how closely do they mirror the difficulty of the actual MBEs. I used Themis for MPRE prep and did okay, but the actual MPRE questions, at least to me, felt a little harder than Themis' practice questions. Hopefully the MBE simulation that we have to take on Tuesday is a previously administered exam so we can get a real sense as to how we're doing.


I was on the opposite side. I also took Themis for the MPRE and did really well (in fact, I think I probably over-studied a bit). I thought Themis's MPRE practice questions were pretty much right on par with the actual MPRE. The wording of the actual questions and everything were exactly what I had seen on the Themis practice questions. A big hurdle is just getting used to the way the questions are formatted, and of course the stamina that we will need to just get through 200 multiple-choice questions.

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Bikeflip
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Re: THEMIS BAR REVIEW Hangout.

Postby Bikeflip » Sat Jul 06, 2013 2:00 pm

How much is everyone writing for the MPT?

I wrote just over 1,000 words. The model answer for the Bluewater MPT (conflicting water service rights) was double that.

I hate being a slow typist.

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HETPE3B
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Re: THEMIS BAR REVIEW Hangout.

Postby HETPE3B » Sat Jul 06, 2013 2:30 pm

Bikeflip wrote:How much is everyone writing for the MPT?

I wrote just over 1,000 words. The model answer for the Bluewater MPT (conflicting water service rights) was double that.

I hate being a slow typist.

Wrote around 1,100 for yesterday's graded MPT. And I don't consider myself a slow typist. You're ok.

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HETPE3B
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Re: THEMIS BAR REVIEW Hangout.

Postby HETPE3B » Sat Jul 06, 2013 2:33 pm

What are the Simulated MBE Analysis lectures that will become available after we take the practice MBE next Tuesday? Are they going to go through 200 questions explaining each one by one?

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Agoraphobia
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Re: THEMIS BAR REVIEW Hangout.

Postby Agoraphobia » Sat Jul 06, 2013 2:50 pm

as stars burn wrote:
TheBeard wrote:
Kretzy wrote:Well I just got shellacked by Milestone 2 after doing well on Milestone 1. Less than 50% right on one of the subjects I was doing well in. This one felt a good bit harder than the first Milestone. And if it wasn't, I'm at least going to tell myself it was for the next few hours to make myself feel better.

BarBri kids are always talking about their practice quizzes being harder than the real thing. But do we think that's really true for Themis? It seems a little suspect when the averages on the two Milestones are, respectively, 69 and 71 percent.


I've thought about this. I'm not so concerned with Themis' questions being harder than the actual MBEs; my concern is how closely do they mirror the difficulty of the actual MBEs. I used Themis for MPRE prep and did okay, but the actual MPRE questions, at least to me, felt a little harder than Themis' practice questions. Hopefully the MBE simulation that we have to take on Tuesday is a previously administered exam so we can get a real sense as to how we're doing.


I was on the opposite side. I also took Themis for the MPRE and did really well (in fact, I think I probably over-studied a bit). I thought Themis's MPRE practice questions were pretty much right on par with the actual MPRE. The wording of the actual questions and everything were exactly what I had seen on the Themis practice questions. A big hurdle is just getting used to the way the questions are formatted, and of course the stamina that we will need to just get through 200 multiple-choice questions.


If it makes a difference, I did Barbri's MPRE and didn't feel prepared walking in at all. I passed but not with flying colors, and I'd aced most of Barbri's MPRE stuff.

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Agoraphobia
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Re: THEMIS BAR REVIEW Hangout.

Postby Agoraphobia » Sat Jul 06, 2013 2:51 pm

Bikeflip wrote:How much is everyone writing for the MPT?

I wrote just over 1,000 words. The model answer for the Bluewater MPT (conflicting water service rights) was double that.

I hate being a slow typist.


I wrote about 1700 for this one, but started running out of time, so sounded like a third grader by the end.

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HETPE3B
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Re: THEMIS BAR REVIEW Hangout.

Postby HETPE3B » Sat Jul 06, 2013 2:55 pm

Contracts Spoiler

(Question ID#778) In exchange for valid and sufficient consideration, a father orally promised his son, who had no car and wanted a minivan, "to pay to anyone from whom you buy a minivan within the next six months the full purchase-price thereof." Two months later, the son bought a used minivan on credit from a minivan retailer for $8,000. At the time, the minivan retailer was unaware of the father's earlier promise to his son but learned of it shortly after the sale.

Can the minivan retailer enforce the father's promise to the son?
A. Yes, under the doctrine of promissory estoppel.
B. Yes, because the minivan retailer is an intended beneficiary of the father-son contract.
C. No, because the father's promise to the son is unenforceable under the suretyship clause of the statute of frauds.
D. No, because the minivan retailer was neither identified when the father's promise was made nor aware of it when the minivan sale was made.

Answer choice B is correct. The minivan retailer is an intended beneficiary of the father-son contract because the father intended to pay a third party for a minivan on son's behalf. The third party does not need to be specifically identified to be considered intended, and the third party need not be aware of the contract until that party seeks to recover on it. Answer choice A is incorrect because promissory estoppel would only apply if the minivan retailer knew of and relied upon a promise that the father made to the minivan retailer. Here, the father's promise was to the son, not the minivan retailer, and the minivan retailer was unable to rely on a promise about which it was unaware. Answer choice C is incorrect because a suretyship is a promise by one party to a second party to answer for the debt of yet a third party, thereby inducing the second party to extend credit to the third party. Here, the father made no promise that would induce the minivan retailer to give the son a loan, and answer choice C is thus incorrect. Answer choice D is incorrect, despite correctly stating facts which are not relevant to the issue of whether the minivan retailer is an intended beneficiary of the father-son contract.


Is this right? How is the retailer not an incidental beneficiary?

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Agoraphobia
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Re: THEMIS BAR REVIEW Hangout.

Postby Agoraphobia » Sat Jul 06, 2013 3:03 pm

Maybe because the retailer was sufficiently specified in the contract as someone to be paid [pay to anyone...]. The retailer would be an incidental beneficiary if he promised to buy his son a car from the retailer but no outright promise was made to pay the retailer [I promise to buy HETPE3B a car from Joe Smcho Buick].

It also might be one of those best answer things where A and C are clearly wrong, and D is wrong in that there's no requirement for an intended beneficiary that they know that they are supposed to benefit.

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HETPE3B
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Re: THEMIS BAR REVIEW Hangout.

Postby HETPE3B » Sat Jul 06, 2013 3:07 pm

Agoraphobia wrote:Maybe because the retailer was sufficiently specified in the contract as someone to be paid [pay to anyone...]. The retailer would be an incidental beneficiary if he promised to buy his son a car from the retailer but no outright promise was made to pay the retailer [I promise to buy HETPE3B a car from Joe Smcho Buick].

It also might be one of those best answer things where A and C are clearly wrong, and D is wrong in that there's no requirement for an intended beneficiary that they know that they are supposed to benefit.

Yea, A and C are clearly shit and it's the awareness part that tripped me up.

balzie94
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Re: THEMIS BAR REVIEW Hangout.

Postby balzie94 » Sat Jul 06, 2013 4:32 pm

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...

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Agoraphobia
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Re: THEMIS BAR REVIEW Hangout.

Postby Agoraphobia » Sat Jul 06, 2013 4:35 pm

Yes. I did much worse on it also.

EDIT--> Have not taken 3 yet, so can only compare against 1

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HETPE3B
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Re: THEMIS BAR REVIEW Hangout.

Postby HETPE3B » Sat Jul 06, 2013 5:24 pm

balzie94 wrote: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.

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kalvano
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Re: THEMIS BAR REVIEW Hangout.

Postby kalvano » Sat Jul 06, 2013 5:25 pm

Family Law is miserable.

I'm not looking forward to going back to practice stuff, but the exam is 3 weeks away. :shock:

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forza
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Re: THEMIS BAR REVIEW Hangout.

Postby forza » Sat Jul 06, 2013 5:52 pm

Hallelujah! Just finished the final set of substantive lectures.

Now, have I remembered/retained anything?

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as stars burn
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Re: THEMIS BAR REVIEW Hangout.

Postby as stars burn » Sat Jul 06, 2013 6:15 pm

forza wrote:Hallelujah! Just finished the final set of substantive lectures.

Now, have I remembered/retained anything?


I seriously can't wait to get to this point. I'm hoping by Tuesday or Wednesday.

Also, I agree...Family Law is miserable, but I hate Property a hell of a lot more.

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Agoraphobia
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Re: THEMIS BAR REVIEW Hangout.

Postby Agoraphobia » Sat Jul 06, 2013 6:28 pm

Commercial Paper practice essays. I won't spoil the fun but they made me realize that for all those 4 hours or so of sitting through lectures, understand 3 things, none of which came up on the essays. :(

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Agoraphobia
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Re: THEMIS BAR REVIEW Hangout.

Postby Agoraphobia » Sat Jul 06, 2013 7:11 pm

HETPE3B wrote:
balzie94 wrote: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...?




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