. Forum

Dr. Review · Post by **Dr. Review** » Mon Jul 08, 2013 11:24 am

For those of you in PA who did not receive this from your adviser, I found it useful:

The PA bar exam is very structured. For the most part, you know which subjects are being asked on each question. For example, the first question is most likely going to be a combo of Wills and Trusts, Family Law, and Tax. The second question will be one of those previous subjects plus criminal law and potentially evidence. Next is the PT. The third question is generally constitutional law, procedure, evidence, and employment discrimination. Number four is typically your torts question, mixed with some other subject. Number 5 is Property and Contracts. Number six is always Corporations, Sales and Leased good, and sometimes Conflicts of Law. Professional Responsibility is sprinkled throughout.

as stars burn · Post by **as stars burn** » Mon Jul 08, 2013 11:30 am

Desert Fox wrote:Do we have to do the simulated MBE tomorrow or can I push it off a few days.

You can definitely push it off a few days (like I have done for nearly every "graded" thing we've been assigned). The only difference with the simulated MBE is that there are physical locations that you can go to take it, which might help alleviate test anxiety for the real deal, and you'll have to go on the schedule day. Otherwise, it'll be there in flex study.

Kalvano, did you get an email? I would send Themis a quick email and see where your location is for your jurisdiction. They released all the locations, but I can't find the dang email in my inbox otherwise I'd post it for you!

TheBeard · Post by **TheBeard** » Mon Jul 08, 2013 11:31 am

Bedsole wrote:For those of you in PA who did not receive this from your adviser, I found it useful:

The PA bar exam is very structured. For the most part, you know which subjects are being asked on each question. For example, the first question is most likely going to be a combo of Wills and Trusts, Family Law, and Tax. The second question will be one of those previous subjects plus criminal law and potentially evidence. Next is the PT. The third question is generally constitutional law, procedure, evidence, and employment discrimination. Number four is typically your torts question, mixed with some other subject. Number 5 is Property and Contracts. Number six is always Corporations, Sales and Leased good, and sometimes Conflicts of Law. Professional Responsibility is sprinkled throughout.

You guys got all the good advisors (mine only whines and takes a week to return an essay if you're late). This stuff is helpful, thanks for poasting it.

kalvano · Post by **kalvano** » Mon Jul 08, 2013 12:03 pm

as stars burn wrote:Kalvano, did you get an email? I would send Themis a quick email and see where your location is for your jurisdiction. They released all the locations, but I can't find the dang email in my inbox otherwise I'd post it for you!

No, I didn't get an email. I got a message about taking it under exam-like conditions. I have a workbook that I am supposed to use for the test, then manually enter the answers into the Themis database. Maybe one of the other Texas people can chime in?

Either way, I don't really want to go anywhere to take a practice exam.

locusdelicti · Post by **locusdelicti** » Mon Jul 08, 2013 12:22 pm

Bedsole wrote:For those of you in PA who did not receive this from your adviser, I found it useful:

The PA bar exam is very structured. For the most part, you know which subjects are being asked on each question. For example, the first question is most likely going to be a combo of Wills and Trusts, Family Law, and Tax. The second question will be one of those previous subjects plus criminal law and potentially evidence. Next is the PT. The third question is generally constitutional law, procedure, evidence, and employment discrimination. Number four is typically your torts question, mixed with some other subject. Number 5 is Property and Contracts. Number six is always Corporations, Sales and Leased good, and sometimes Conflicts of Law. Professional Responsibility is sprinkled throughout.

Nice. Thank you.

My adviser is very nice and helpful. It sucks that not everyone has gotten that.

Talar · Post by **Talar** » Mon Jul 08, 2013 1:27 pm

Is everyone else doing all of the MPTs assigned? I feel like there are a ton and the value seems sort of limited - as long as you know how to attack the problem that should be enough?

dsclaw · Post by **dsclaw** » Mon Jul 08, 2013 1:31 pm

Yesterday's,MBE Mixed Session 4 I had a 58 percent totally bombed contracts 3/10, Today's MBE session 5 i got 75 percent correct 7/10 from contracts.... There were some questions yesterday where I just did not even understand what they were asking. Anyone notice that some of the questions sentence structure is just awful?

elysiansmiles · Post by **elysiansmiles** » Mon Jul 08, 2013 2:10 pm

as stars burn wrote:
Desert Fox wrote:Do we have to do the simulated MBE tomorrow or can I push it off a few days.
You can definitely push it off a few days (like I have done for nearly every "graded" thing we've been assigned). The only difference with the simulated MBE is that there are physical locations that you can go to take it, which might help alleviate test anxiety for the real deal, and you'll have to go on the schedule day. Otherwise, it'll be there in flex study.

Kalvano, did you get an email? I would send Themis a quick email and see where your location is for your jurisdiction. They released all the locations, but I can't find the dang email in my inbox otherwise I'd post it for you!

forza · Post by **forza** » Mon Jul 08, 2013 2:24 pm

Question for NY takers: I'm at 65% and just finished the last of the subject-specific MBE sets. Can anyone who is right on track let me know what your percentage complete is and, if applicable, how many Mixed MBE sets you'll have completed before tomorrow's simulated MBE?

At the very least, I want to do one mixed set before jumping in full bore. Thanks!

thebull · Post by **thebull** » Mon Jul 08, 2013 2:35 pm

forza wrote:Question for NY takers: I'm at 65% and just finished the last of the subject-specific MBE sets. Can anyone who is right on track let me know what your percentage complete is and, if applicable, how many Mixed MBE sets you'll have completed before tomorrow's simulated MBE?

At the very least, I want to do one mixed set before jumping in full bore. Thanks!

I'm NY/NJ, at 65% and have done 3 Mixed sets.

as stars burn · Post by **as stars burn** » Mon Jul 08, 2013 2:37 pm

Talar wrote:Is everyone else doing all of the MPTs assigned? I feel like there are a ton and the value seems sort of limited - as long as you know how to attack the problem that should be enough?

Aren't there only 2 practice MPTs actually assigned on directed study, plus the graded one? So, 3 total? I don't think that's excessive at all. I feel like as long as you do 2 and have a general idea of what the hell you're doing then you should be fine. As I stated in another post, I had to do a graded MPT as part of a law school exam 2 years ago, and I worked through 2-3 practice MPTs before the exam. It is helpful to at least run through 2 before the big day. I always had trouble finishing.

as stars burn · Post by **as stars burn** » Mon Jul 08, 2013 2:39 pm

kalvano wrote:
as stars burn wrote:Kalvano, did you get an email? I would send Themis a quick email and see where your location is for your jurisdiction. They released all the locations, but I can't find the dang email in my inbox otherwise I'd post it for you!

No, I didn't get an email. I got a message about taking it under exam-like conditions. I have a workbook that I am supposed to use for the test, then manually enter the answers into the Themis database. Maybe one of the other Texas people can chime in?

Either way, I don't really want to go anywhere to take a practice exam.

I don't blame you. I don't feel like going either, but my test anxiety says otherwise.

Talar · Post by **Talar** » Mon Jul 08, 2013 2:54 pm

as stars burn wrote:
Talar wrote:Is everyone else doing all of the MPTs assigned? I feel like there are a ton and the value seems sort of limited - as long as you know how to attack the problem that should be enough?
Aren't there only 2 practice MPTs actually assigned on directed study, plus the graded one? So, 3 total? I don't think that's excessive at all. I feel like as long as you do 2 and have a general idea of what the hell you're doing then you should be fine. As I stated in another post, I had to do a graded MPT as part of a law school exam 2 years ago, and I worked through 2-3 practice MPTs before the exam. It is helpful to at least run through 2 before the big day. I always had trouble finishing.

Really? No, I have already done 4 MPTs under the Directed Study mode and that's not including the graded one. Today I'm supposed to do my 5th and I feel like it's a massive waste of time when I could be memorizing law (which I still don't know). We must have different schedules because your state is harder and so you have to spend more time on the real subjects

dsclaw · Post by **dsclaw** » Mon Jul 08, 2013 2:57 pm

SPOILER: CONTRACTS
Question
The German-made Doppelpferd, featuring sleek styling and remarkable fuel efficiency, is the most popular automobile in the United States. Its U.S. sales are booming, and the average retail markup in such sales is 30 percent. A franchised Doppelpferd dealer in the United States contracted with a buyer to sell him a new Doppelpferd for $19,000 cash, the sale to be consummated after delivery to the dealer of the car, which the dealer ordered from the manufacturer specifically for the buyer. The signed retail contractual document was a contract drafted by the dealer's lawyer, and the buyer did not question or object to any of its terms, including the price inserted by the dealer. When the car arrived from Germany, the buyer repudiated the contract. The dealer at once sold the car for $19,000 cash to another buyer, for whom the dealer had also ordered from the manufacturer a Doppelpferd identical to the first buyer's. In an action against the buyer for breach of contract, the dealer will probably recover

Answers
$19,000 minus what it cost the dealer to purchase the car from the manufacturer.
$19,000 minus the wholesale price of an identical Doppelpferd in the local wholesale market among dealers.
nominal damages only, because the dealer resold the car to the second buyer without lowering the retail price.
nothing, because the parties' agreement was an adhesion contract and therefore unconscionable.

Rationale:
Answer choice A is correct. Under the UCC, if the seller elects to resell and sue for the contract price upon a buyer's breach, he can do so for the contract price minus the resale price. Here, answer choice B is incorrect because it does not correctly measure the relief the dealer may recover. Answer choice C is incorrect because the dealer is a volume seller. Although the dealer resold the Doppelpferd to a third party at the same price as originally agreed upon with the repudiating buyer, the dealer lost the opportunity to sell the car in the first instance when the buyer repudiated. Answer choice D is incorrect because the contract is not unconscionable. To be unconscionable, a contract must be so unfair to one party that no reasonable person in the position of the parties would have agreed to it.

We are supposed to assume they are a volume seller, why? because of the 30% mark-up? Another terrible question in my opinion. I selected the non volume seller correct answer.

thebull · Post by **thebull** » Mon Jul 08, 2013 3:05 pm

dsclaw wrote:SPOILER: CONTRACTS
Question
The German-made Doppelpferd, featuring sleek styling and remarkable fuel efficiency, is the most popular automobile in the United States. Its U.S. sales are booming, and the average retail markup in such sales is 30 percent. A franchised Doppelpferd dealer in the United States contracted with a buyer to sell him a new Doppelpferd for $19,000 cash, the sale to be consummated after delivery to the dealer of the car, which the dealer ordered from the manufacturer specifically for the buyer. The signed retail contractual document was a contract drafted by the dealer's lawyer, and the buyer did not question or object to any of its terms, including the price inserted by the dealer. When the car arrived from Germany, the buyer repudiated the contract. The dealer at once sold the car for $19,000 cash to another buyer, for whom the dealer had also ordered from the manufacturer a Doppelpferd identical to the first buyer's. In an action against the buyer for breach of contract, the dealer will probably recover

Answers
$19,000 minus what it cost the dealer to purchase the car from the manufacturer.
$19,000 minus the wholesale price of an identical Doppelpferd in the local wholesale market among dealers.
nominal damages only, because the dealer resold the car to the second buyer without lowering the retail price.
nothing, because the parties' agreement was an adhesion contract and therefore unconscionable.

Rationale:
Answer choice A is correct. Under the UCC, if the seller elects to resell and sue for the contract price upon a buyer's breach, he can do so for the contract price minus the resale price. Here, answer choice B is incorrect because it does not correctly measure the relief the dealer may recover. Answer choice C is incorrect because the dealer is a volume seller. Although the dealer resold the Doppelpferd to a third party at the same price as originally agreed upon with the repudiating buyer, the dealer lost the opportunity to sell the car in the first instance when the buyer repudiated. Answer choice D is incorrect because the contract is not unconscionable. To be unconscionable, a contract must be so unfair to one party that no reasonable person in the position of the parties would have agreed to it.

We are supposed to assume they are a volume seller, why? because of the 30% mark-up? Another terrible question in my opinion. I selected the non volume seller correct answer.

He lost out on a sale because the second buyer had already ordered the exact same car.

Bustang · Post by **Bustang** » Mon Jul 08, 2013 3:44 pm

The mixed sets are kinda rocking me. I've scored 65% on all three of them thus far. I can't really put my finger on it besides saying that at least a third of the questions are "weird" or substantially different than the prior ones in the milestones/practice quizzes. I really hope the simulated is more like the milestones.

thebull · Post by **thebull** » Mon Jul 08, 2013 3:49 pm

Bustang wrote:The mixed sets are kinda rocking me. I've scored 65% on all three of them thus far. I can't really put my finger on it besides saying that at least a third of the questions are "weird" or substantially different than the prior ones in the milestones/practice quizzes. I really hope the simulated is more like the milestones.

65% is good.

kalvano · Post by **kalvano** » Mon Jul 08, 2013 4:00 pm

elysiansmiles wrote:Here are the locations if there is one near you and you're interested in going. I'm going to one that's near me, even though its not in the same state as the Bar I'm taking, so that shouldn't matter:

July 9th, 2013

Los Angeles, CA (Pepperdine) http://themissimulatedmbepepperdine.eventbrite.com/
San Francisco, CA (UC-Berkeley) http://themissimulatedmbesanfran.eventbrite.com/
San Diego, CA (TJLS) http://themissimulatedmbesandiego.eventbrite.com/
Washington, DC (Catholic) http://themissimulatedmbedc.eventbrite.com/
Miami, FL (U-Miami) http://themissimulatedmbesouthfl.eventbrite.com/
Chicago, IL (JMLS) http://themissimulatedmbechicago.eventbrite.com/
Boston, MA (NUSL) http://themissimulatedmbeboston.eventbrite.com
Baltimore, MD (UB) http://themissimulatedmbebaltimore.eventbrite.com/
St. Louis, MO (SLU) http://themissimulatedmbestlouis.eventbrite.com/
New York, NY (NYU) http://themissimulatedmbenyc.eventbrite.com/
Columbus, OH (OSU) http://themissimulatedmbecolumbus.eventbrite.com/
Philadelphia, PA (Drexel) http://themissimulatedmbephiladelphia.eventbrite.com/
Pittsburgh, PA (Duquesne) http://themissimulatedmbepittsburgh.eventbrite.com/

July 10th, 2013
Los Angeles, CA (UCLA) http://themissimulatedmbeucla.eventbrite.com/

That would be why I didn't get the email. Kind of surprised there isn't a single Texas location.

Dr. Review · Post by **Dr. Review** » Mon Jul 08, 2013 4:19 pm

What methods are you guys using for the review/memorization?

as stars burn · Post by **as stars burn** » Mon Jul 08, 2013 4:21 pm

Talar wrote:
as stars burn wrote:
Talar wrote:Is everyone else doing all of the MPTs assigned? I feel like there are a ton and the value seems sort of limited - as long as you know how to attack the problem that should be enough?
Aren't there only 2 practice MPTs actually assigned on directed study, plus the graded one? So, 3 total? I don't think that's excessive at all. I feel like as long as you do 2 and have a general idea of what the hell you're doing then you should be fine. As I stated in another post, I had to do a graded MPT as part of a law school exam 2 years ago, and I worked through 2-3 practice MPTs before the exam. It is helpful to at least run through 2 before the big day. I always had trouble finishing.
Really? No, I have already done 4 MPTs under the Directed Study mode and that's not including the graded one. Today I'm supposed to do my 5th and I feel like it's a massive waste of time when I could be memorizing law (which I still don't know). We must have different schedules because your state is harder and so you have to spend more time on the real subjects :P

Oh yeahhh, I completely forgot about the different weights and such for different portions of the exam. I'm in IL so that is definitely why we have different assigned amounts of MPTs.

geekrocker37 · Post by **geekrocker37** » Mon Jul 08, 2013 4:22 pm

Bedsole wrote:What methods are you guys using for the review/memorization?

So many notecards.

as stars burn · Post by **as stars burn** » Mon Jul 08, 2013 4:24 pm

Bedsole wrote:What methods are you guys using for the review/memorization?

I've been making flashcards for rule-heavy subjects only and condensed outlines for all subjects. They are both taking me FOREVER to do, but it's the only way that worked for me in law school--I have to do something with the material to get it in my head. I hope to have it all done or mostly done by Saturday so I can really start the memorization process by further condensing outlines and going through the flashcards.

dsclaw · Post by **dsclaw** » Mon Jul 08, 2013 4:49 pm

Spoiler: Property Question

2. (Question ID#1051)
An owner owned Broadacres in fee simple. For a consideration of $5,000, the owner gave an investor a written option to purchase Broadacres for $300,000. The option was assignable. For a consideration of $10,000, the investor subsequently gave an option to a colleague to purchase Broadacres for $325,000. The colleague exercised his option. The investor thereupon exercised his option. The investor paid the agreed price of $300,000 and took title to Broadacres by deed from the owner. Thereafter, the colleague refused to consummate his purchase. The investor brought an appropriate action against the colleague for specific performance, or, if that should be denied, then for damages. The colleague counterclaimed for return of the $10,000.

In this action the court will
A. grant money damages only to the investor.
B. grant specific performance to the investor.
C. grant the investor only the right to retain the $10,000.
D. require the investor to refund the $10,000 to the colleague.

Incorrect: Answer choice B is correct. A buyer of land is entitled to specific performance for breach when the buyer's remedy at law (i.e., money damages) is considered to be inadequate. Under the doctrine of mutuality of remedies, the seller of land is also accorded the right to obtain specific performance, even though the seller obtains only money, not land from the buyer. Answer choices A and C are incorrect because a seller, under the doctrine of mutuality of remedies, is not limited to the remedy at law of damages. Answer choice D is incorrect because once the colleague exercised his option and the investor relied on that, the colleague cannot back out.

Can someone explain to me why the Investor is entitled to specific performance? I thought investor would only be entitled to the $10,000. I don't understand how the Investor breached anything. He agreed to a option contract, which if I am not mistaken is not a acceptance of the underlying contract but just the ability to prevent the party from selling the item to another person for a specific duration. Even if we were to look at a reliance ground it does not seem one could argue that exercising a option contract equates to reasonable reliance.

kalvano · Post by **kalvano** » Mon Jul 08, 2013 5:24 pm

Is anyone actually working 10-12 hours a day on this stuff?

Bedsole wrote:What methods are you guys using for the review/memorization?

Just re-reading the handouts and condensed outlines, and then practicing it all.

Agoraphobia · Post by **Agoraphobia** » Mon Jul 08, 2013 5:25 pm

I have a friend who gave me the condensed outlines she studied from last year. I don't even know what bar class she took, but I'm just copying and condensing them further, looking up anything I don't understand on the big outlines. Copying down those stupid little mnemonics over and over. And over and over. And over.

. Forum

Re: THEMIS BAR REVIEW Hangout.

Re: THEMIS BAR REVIEW Hangout.

Re: THEMIS BAR REVIEW Hangout.

Re: THEMIS BAR REVIEW Hangout.

Re: THEMIS BAR REVIEW Hangout.

Register now to search topics and post comments!

Re: THEMIS BAR REVIEW Hangout.

Re: THEMIS BAR REVIEW Hangout.

Re: THEMIS BAR REVIEW Hangout.

Re: THEMIS BAR REVIEW Hangout.

Register for access!

Re: THEMIS BAR REVIEW Hangout.

Re: THEMIS BAR REVIEW Hangout.

Re: THEMIS BAR REVIEW Hangout.

Re: THEMIS BAR REVIEW Hangout.

Resources to assist law school applicants, students & graduates.

Re: THEMIS BAR REVIEW Hangout.

Re: THEMIS BAR REVIEW Hangout.

Re: THEMIS BAR REVIEW Hangout.

Re: THEMIS BAR REVIEW Hangout.

Register now!

Re: THEMIS BAR REVIEW Hangout.

Re: THEMIS BAR REVIEW Hangout.

Re: THEMIS BAR REVIEW Hangout.

Re: THEMIS BAR REVIEW Hangout.

Register now, it's still FREE!

Re: THEMIS BAR REVIEW Hangout.

Re: THEMIS BAR REVIEW Hangout.

Re: THEMIS BAR REVIEW Hangout.

Re: THEMIS BAR REVIEW Hangout.

Seriously? What are you waiting for?