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Holly Golightly
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Re: THEMIS BAR REVIEW Hangout.

Postby Holly Golightly » Mon Jul 08, 2013 5:30 pm

kalvano wrote:
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.

This is what I'm hoping to do when I get to that point, since I really, really, really hate flashcards.

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BarbellDreams
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Re: THEMIS BAR REVIEW Hangout.

Postby BarbellDreams » Mon Jul 08, 2013 5:39 pm

Skeel is SOOO much worse during Partnerships than during Corporations about the whole "Here's another blank for you!" thing...and thats not a complement to the Corporations lecture.

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CaliBum
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Re: THEMIS BAR REVIEW Hangout.

Postby CaliBum » Mon Jul 08, 2013 5:40 pm

I hate evidence with a passion! :evil:

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Bikeflip
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Re: THEMIS BAR REVIEW Hangout.

Postby Bikeflip » Mon Jul 08, 2013 5:50 pm

kalvano wrote: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.



That and add self-condensed outlines for me. This shit doesn't feel as bad when an outline is less than 5 pages.

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BarbellDreams
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Re: THEMIS BAR REVIEW Hangout.

Postby BarbellDreams » Mon Jul 08, 2013 6:21 pm

What is the name of Skeel's Wife's bakery in Northeast Philly? He has plugged this damn bakery so many times that 'm sold and am willing to go there when I'm in the area.

locusdelicti
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Re: THEMIS BAR REVIEW Hangout.

Postby locusdelicti » Mon Jul 08, 2013 6:56 pm

BarbellDreams wrote:What is the name of Skeel's Wife's bakery in Northeast Philly? He has plugged this damn bakery so many times that 'm sold and am willing to go there when I'm in the area.


I really want to know, too. I think he said the name at some point in one of the lectures, but fuck if I remember which one or what it was.

He should've made it a blank on the worksheets.

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CaliBum
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Re: THEMIS BAR REVIEW Hangout.

Postby CaliBum » Mon Jul 08, 2013 8:47 pm

I do much better at Real Property and Contracts, which seem to be everyone's worst subjects, and much worse at Criminal Law and Evidence, which seem to be everyone's best subjects. What's up with that?

TheBeard
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Re: THEMIS BAR REVIEW Hangout.

Postby TheBeard » Mon Jul 08, 2013 8:51 pm

Just booked my room in Atlantic City for NJ essays day. Shit just got real!

locusdelicti
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Re: THEMIS BAR REVIEW Hangout.

Postby locusdelicti » Mon Jul 08, 2013 9:20 pm

TheBeard wrote:Just booked my room in Atlantic City for NJ essays day. Shit just got real!


You're staying there? I'm just getting up at 5:30 and driving or taking the train.

maximator
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Re: THEMIS BAR REVIEW Hangout.

Postby maximator » Mon Jul 08, 2013 9:29 pm

Spoiler: Property

Question ID#904
An owner owned and occupied Blackacre, which was a tract of land improved with a one-family house. His friend orally offered the owner $50,000 for Blackacre, the fair market value, and the owner accepted. Because they were friends, they saw no need for attorneys or written contracts and shook hands on the deal. The friend paid the owner $5,000 down in cash and agreed to pay the balance of $45,000 at an agreed closing time and place. Before the closing, the friend inherited another home and asked the owner to return his $5,000. The owner refused, and, at the time set for the closing, the owner tendered a good deed to the friend and declared his intention to vacate Blackacre the next day. The owner demanded that the friend complete the purchase. The friend refused. The fair market value of Blackacre has remained $50,000.

In an appropriate action brought by the owner against the friend for specific performance, if the owner loses, the most likely reason will be that
A. the agreement was oral.
B. keeping the $5,000 is the owner's exclusive remedy.
C. the friend had a valid reason for not closing.
D. the owner remained in possession on the day set for the closing.

Incorrect: Answer choice A is correct. For the owner to lose, the agreement between the two must have been invalid. Answer choice A is the only answer that concludes the agreement was invalid by virtue of it not satisfying the Statute of Frauds requirement. Answer choice B is incorrect because, even if the agreement is valid there is nothing in the agreement that limited damages to a $5,000 remedy. Answer choice C is incorrect because, if the agreement was valid, the friend's inheritance would not be a sufficiently good reason to breach. Answer choice D is incorrect because the owner would not be required to vacate the property to perfect the tender to the friend.


Can anyone explain why part performance doesn't apply here? I would have thought the payment of the 5k would be part performance, so the statute of frauds shouldn't matter. This question really tripped me up because I went in thinking the answer was definitely not "A," but none of the other answers seemed right either.

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as stars burn
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Re: THEMIS BAR REVIEW Hangout.

Postby as stars burn » Mon Jul 08, 2013 9:39 pm

Rocked to the miserable tune of 56% for the first mixed MBE set. Aside from 2 questions, I literately felt like I didn't know what the fuck I was doing through the whole thing and could feel myself panic on the questions I sure as hell didn't know. To my complete surprise, I got every Evidence question right, but not to my surprise, I got hammered by Property (3/8 !!!). Fuck you, Property. I need a cookie and a glass of wine now.

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Dr. Review
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Re: THEMIS BAR REVIEW Hangout.

Postby Dr. Review » Mon Jul 08, 2013 9:58 pm

as stars burn wrote:Rocked to the miserable tune of 56% for the first mixed MBE set. Aside from 2 questions, I literately felt like I didn't know what the fuck I was doing through the whole thing and could feel myself panic on the questions I sure as hell didn't know. To my complete surprise, I got every Evidence question right, but not to my surprise, I got hammered by Property (3/8 !!!). Fuck you, Property. I need a cookie and a glass of wine now.


I got a 56% also... But I started off poorly and then switched to test mode in the middle and improved. BYE BYE INTERACTIVE MODE.

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CaliBum
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Re: THEMIS BAR REVIEW Hangout.

Postby CaliBum » Mon Jul 08, 2013 10:08 pm

maximator wrote:Spoiler: Property

Question ID#904
An owner owned and occupied Blackacre, which was a tract of land improved with a one-family house. His friend orally offered the owner $50,000 for Blackacre, the fair market value, and the owner accepted. Because they were friends, they saw no need for attorneys or written contracts and shook hands on the deal. The friend paid the owner $5,000 down in cash and agreed to pay the balance of $45,000 at an agreed closing time and place. Before the closing, the friend inherited another home and asked the owner to return his $5,000. The owner refused, and, at the time set for the closing, the owner tendered a good deed to the friend and declared his intention to vacate Blackacre the next day. The owner demanded that the friend complete the purchase. The friend refused. The fair market value of Blackacre has remained $50,000.

In an appropriate action brought by the owner against the friend for specific performance, if the owner loses, the most likely reason will be that
A. the agreement was oral.
B. keeping the $5,000 is the owner's exclusive remedy.
C. the friend had a valid reason for not closing.
D. the owner remained in possession on the day set for the closing.

Incorrect: Answer choice A is correct. For the owner to lose, the agreement between the two must have been invalid. Answer choice A is the only answer that concludes the agreement was invalid by virtue of it not satisfying the Statute of Frauds requirement. Answer choice B is incorrect because, even if the agreement is valid there is nothing in the agreement that limited damages to a $5,000 remedy. Answer choice C is incorrect because, if the agreement was valid, the friend's inheritance would not be a sufficiently good reason to breach. Answer choice D is incorrect because the owner would not be required to vacate the property to perfect the tender to the friend.


Can anyone explain why part performance doesn't apply here? I would have thought the payment of the 5k would be part performance, so the statute of frauds shouldn't matter. This question really tripped me up because I went in thinking the answer was definitely not "A," but none of the other answers seemed right either.


You've almost got it. An oral agreement is taken out of Statute of Frauds if the subsequent actions of either party show the existence of a contract. HOWEVER, full or partial payment alone is not sufficient - payment must be accompanied by something more, such as possession of the property or valuable improvements, in order for part performance to apply. (Multistate Outline - Contracts - pg. 38)

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Bustang
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Re: THEMIS BAR REVIEW Hangout.

Postby Bustang » Mon Jul 08, 2013 10:18 pm

Bedsole wrote:
as stars burn wrote:Rocked to the miserable tune of 56% for the first mixed MBE set. Aside from 2 questions, I literately felt like I didn't know what the fuck I was doing through the whole thing and could feel myself panic on the questions I sure as hell didn't know. To my complete surprise, I got every Evidence question right, but not to my surprise, I got hammered by Property (3/8 !!!). Fuck you, Property. I need a cookie and a glass of wine now.


I got a 56% also... But I started off poorly and then switched to test mode in the middle and improved. BYE BYE INTERACTIVE MODE.


I'm telling you guys, the mixed MBE question sets are difficult. Granted I don't know everything, but the way they're testing us on basic concepts (through the wording of answers etc) are making the exams more difficult. Here's to hoping for 60%+ tomorrow!

maximator
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Re: THEMIS BAR REVIEW Hangout.

Postby maximator » Mon Jul 08, 2013 10:50 pm

Got it! Thanks.

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elysiansmiles
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Re: THEMIS BAR REVIEW Hangout.

Postby elysiansmiles » Mon Jul 08, 2013 10:54 pm

Bedsole wrote:
as stars burn wrote:Rocked to the miserable tune of 56% for the first mixed MBE set. Aside from 2 questions, I literately felt like I didn't know what the fuck I was doing through the whole thing and could feel myself panic on the questions I sure as hell didn't know. To my complete surprise, I got every Evidence question right, but not to my surprise, I got hammered by Property (3/8 !!!). Fuck you, Property. I need a cookie and a glass of wine now.


I got a 56% also... But I started off poorly and then switched to test mode in the middle and improved. BYE BYE INTERACTIVE MODE.


Did they total your percentage for the mixed set? I just saw the results per subject, and the goal %.

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kalvano
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Re: THEMIS BAR REVIEW Hangout.

Postby kalvano » Mon Jul 08, 2013 10:58 pm

Bedsole wrote:
as stars burn wrote:Rocked to the miserable tune of 56% for the first mixed MBE set. Aside from 2 questions, I literately felt like I didn't know what the fuck I was doing through the whole thing and could feel myself panic on the questions I sure as hell didn't know. To my complete surprise, I got every Evidence question right, but not to my surprise, I got hammered by Property (3/8 !!!). Fuck you, Property. I need a cookie and a glass of wine now.


I got a 56% also... But I started off poorly and then switched to test mode in the middle and improved. BYE BYE INTERACTIVE MODE.



What's with the hate for interactive mode? I like seeing why I got something right or wrong.

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kalvano
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Re: THEMIS BAR REVIEW Hangout.

Postby kalvano » Mon Jul 08, 2013 11:17 pm

Spoiler: Torts




A driver negligently drove his car into a pedestrian, breaking her leg. The pedestrian's leg was put in a cast, and she used crutches to get about. While shopping at the local supermarket, the pedestrian non-negligently placed one of her crutches on a banana peel that had been negligently left on the floor by the manager of the supermarket's produce department. The pedestrian's crutch slipped on the peel, and she fell to the floor, breaking her arm. Had the pedestrian stepped on the banana peel at a time when she did not have to use crutches, she would have regained her balance.
The pedestrian sued the driver and the supermarket for her injuries.
The pedestrian will be able to recover from

A. The driver, for her broken leg only.
B. The driver, for both of her injuries, and the supermarket, for her broken arm only.
C. The supermarket, for both of her injuries.
D. The driver, for her broken leg only, and the supermarket, for her broken arm only.


Answer choice B is correct. Generally, a defendant is liable for harm caused by foreseeable intervening forces that occur between the time of the defendant’s act and the plaintiff’s injury. When an intervening force is unforeseeable, a defendant will still be liable for his acts if the result was nevertheless foreseeable. Subsequent negligence usually is considered a foreseeable intervening force, but even if the supermarket’s negligence were not foreseeable, the result—plaintiff’s slipping and falling as a consequence of using crutches—was foreseeable. Therefore, answer choices A and D are incorrect. Answer choice C is incorrect because the supermarket’s negligence was not the actual cause of the pedestrian’s broken leg.






BULLSHIT, THEMIS. BULLSHIT. In no reasonable way is that foreseeable.

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BarbellDreams
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Re: THEMIS BAR REVIEW Hangout.

Postby BarbellDreams » Mon Jul 08, 2013 11:32 pm

73% on the mixed MBE. Seriously, I will never use interactive mode again. I force myself to review the ones I get wrong at the end, but I have improved by at least 10% in all topics after using test mode exclusively.

Also, about to book Atlantic City room. I heard from a friend who took it there last year that the Convention center is an absolute zoo the morning before that test so be prepared. They say to arrive by 7:45, she suggested being at the door at 6.

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Agoraphobia
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Re: THEMIS BAR REVIEW Hangout.

Postby Agoraphobia » Tue Jul 09, 2013 12:05 am

Any guesses on odds we will need to know Shelley's case or the Doctrine of Worthier title? Because I don't understand either of them and I'm getting to the point I am going to need to pick and choose.

jerwood84
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Re: THEMIS BAR REVIEW Hangout.

Postby jerwood84 » Tue Jul 09, 2013 12:06 am

From easiest to hardest, here is how I assess MBE practice Question sources: Themis (easiest) --> Bar Bri --> Strategies &Tactics -----> PMBR --> Finz Strategy & Tactices (ungodly hard).

Not saying there is much difference between these different materials with the exception of Themis compared to Finz. Themis is not necessarily easier than the others when testing the law. Rather it's the fact that Themis fact patterns tend to be shorter with slightly less moving pieces to account for than PMBR or Finz. I don't feel the crazy time crunch with Themis like I do some of the others.

I highly suggest you guys check out Strategies & Tactics (not the Finz but the red Emmanuels one). They are actual released questions unchanged and the explanations/analysis are better than Themis. I wouldn't flip out if you don't but sometimes doing a non-Themis question set could be good.

missinglink
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Re: THEMIS BAR REVIEW Hangout.

Postby missinglink » Tue Jul 09, 2013 12:15 am

jerwood84 wrote:From easiest to hardest, here is how I assess MBE practice Question sources: Themis (easiest) --> Bar Bri --> Strategies &Tactics -----> PMBR --> Finz Strategy & Tactices (ungodly hard).

Not saying there is much difference between these different materials with the exception of Themis compared to Finz. Themis is not necessarily easier than the others when testing the law. Rather it's the fact that Themis fact patterns tend to be shorter with slightly less moving pieces to account for than PMBR or Finz. I don't feel the crazy time crunch with Themis like I do some of the others.

I highly suggest you guys check out Strategies & Tactics (not the Finz but the red Emmanuels one). They are actual released questions unchanged and the explanations/analysis are better than Themis. I wouldn't flip out if you don't but sometimes doing a non-Themis question set could be good.

Seems like a good number of the Themis MBE questions are licensed from NCBE, though, no?

Not all of them, that's for sure. But a fair number.

balzie94
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Re: THEMIS BAR REVIEW Hangout.

Postby balzie94 » Tue Jul 09, 2013 12:28 am

jerwood84 wrote:From easiest to hardest, here is how I assess MBE practice Question sources: Themis (easiest) --> Bar Bri --> Strategies &Tactics -----> PMBR --> Finz Strategy & Tactices (ungodly hard).

Not saying there is much difference between these different materials with the exception of Themis compared to Finz. Themis is not necessarily easier than the others when testing the law. Rather it's the fact that Themis fact patterns tend to be shorter with slightly less moving pieces to account for than PMBR or Finz. I don't feel the crazy time crunch with Themis like I do some of the others.

I highly suggest you guys check out Strategies & Tactics (not the Finz but the red Emmanuels one). They are actual released questions unchanged and the explanations/analysis are better than Themis. I wouldn't flip out if you don't but sometimes doing a non-Themis question set could be good.


A friend of mine who took the NY Bar last year and used Themis said that Themis' MBE questions actually seemed harder than the actual MBE questions. He passed, by the way, despite only having completed 80% of the bar prep.

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Agoraphobia
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Re: THEMIS BAR REVIEW Hangout.

Postby Agoraphobia » Tue Jul 09, 2013 12:31 am

You can get real MBE questions at the NCBE site. 3 full sets I'm thinking. I haven't done them yet, am holding off till closer to the exam, but I want to say that the 3 sets were like $125.

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as stars burn
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Re: THEMIS BAR REVIEW Hangout.

Postby as stars burn » Tue Jul 09, 2013 1:06 am

Agoraphobia wrote:You can get real MBE questions at the NCBE site. 3 full sets I'm thinking. I haven't done them yet, am holding off till closer to the exam, but I want to say that the 3 sets were like $125.


$125? Yeah, eff that. Every single person I know that took Themis for the bar exam last summer passed so I'm just sticking with Themis materials. I'm not going to kill myself or worry about doing "extra." I can barely keep up with the assignments Themis gives me each day--no way I'm going to even have time to look at anything else.




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