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releasethehounds
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Re: THEMIS BAR REVIEW Hangout.

Postby releasethehounds » Sun Jul 14, 2013 3:43 pm

Desert Fox wrote:
releasethehounds wrote:I'm getting ridiculously grateful in this last week or so that Arizona uses the UBE. There's no state-specific stuff on the exam, but I did have to take some 60 hour online class on arizona specific law before I was authorized to sit for the bar. I think that going to law school in Illinois then trying to learn Arizona specific stuff would have been kind of nightmarish. You guys are rock stars that have to learn state specific stuff.

Plus side: I don't have to learn Louisiana law.


I went to school in Illinois and still didn't learn any illinois law.

Coincidentally. one of the guys who does Ill state law for themis teaches at ASU.


Drove me vaguely insane that classes on things like Family Law only tended to teach the "Illinois specific" law. I get that most students stay in-state but at least half of my class was from outside of Illinois and didn't plan to stay.

Is it Kramer? I think he's an alumni from my school.

09042014
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Re: THEMIS BAR REVIEW Hangout.

Postby 09042014 » Sun Jul 14, 2013 3:45 pm

releasethehounds wrote:
Desert Fox wrote:
releasethehounds wrote:I'm getting ridiculously grateful in this last week or so that Arizona uses the UBE. There's no state-specific stuff on the exam, but I did have to take some 60 hour online class on arizona specific law before I was authorized to sit for the bar. I think that going to law school in Illinois then trying to learn Arizona specific stuff would have been kind of nightmarish. You guys are rock stars that have to learn state specific stuff.

Plus side: I don't have to learn Louisiana law.


I went to school in Illinois and still didn't learn any illinois law.

Coincidentally. one of the guys who does Ill state law for themis teaches at ASU.


Drove me vaguely insane that classes on things like Family Law only tended to teach the "Illinois specific" law. I get that most students stay in-state but at least half of my class was from outside of Illinois and didn't plan to stay.

Is it Kramer? I think he's an alumni from my school.


What drives me more crazy is that Themis only is teaching us Ill Family law but we are way more likely to see MEE family law essays, so I really just need to the know the national stuff.

Yep Kramer.

releasethehounds
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Re: THEMIS BAR REVIEW Hangout.

Postby releasethehounds » Sun Jul 14, 2013 3:55 pm

Desert Fox wrote:
releasethehounds wrote:
Desert Fox wrote:
releasethehounds wrote:I'm getting ridiculously grateful in this last week or so that Arizona uses the UBE. There's no state-specific stuff on the exam, but I did have to take some 60 hour online class on arizona specific law before I was authorized to sit for the bar. I think that going to law school in Illinois then trying to learn Arizona specific stuff would have been kind of nightmarish. You guys are rock stars that have to learn state specific stuff.

Plus side: I don't have to learn Louisiana law.


I went to school in Illinois and still didn't learn any illinois law.

Coincidentally. one of the guys who does Ill state law for themis teaches at ASU.


Drove me vaguely insane that classes on things like Family Law only tended to teach the "Illinois specific" law. I get that most students stay in-state but at least half of my class was from outside of Illinois and didn't plan to stay.

Is it Kramer? I think he's an alumni from my school.


What drives me more crazy is that Themis only is teaching us Ill Family law but we are way more likely to see MEE family law essays, so I really just need to the know the national stuff.

Yep Kramer.


Iiiiinteresting. He seemed okay, but I was really tired of listening to him after the billionth property lecture. As long as they're still teaching the uniform acts you'll probably be okay. The major difference is community vs. common law property and common law is the majority. Also since the MEE is scored according to the jurisdiction they probably anticipate answers geared more towards IL law. Maybe. I could be talking insanity right now.

09042014
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Re: THEMIS BAR REVIEW Hangout.

Postby 09042014 » Sun Jul 14, 2013 3:56 pm

I think MEE was scored differently in each state. I'll have to double check.

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Bikeflip
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Re: THEMIS BAR REVIEW Hangout.

Postby Bikeflip » Sun Jul 14, 2013 4:09 pm

Can someone explain how accord and satisfaction work in harmony with pre-existing duty to pay?

A client consulted his lawyer about handling the sale of the client's building and asked the lawyer what her legal fee would be. The lawyer replied that her usual charge was $100 per hour and estimated that the legal work on behalf of the client would cost about $5,000 at that rate. The client said, "Okay; let's proceed with it," and the lawyer timely and successfully completed the work. Because of unexpected title problems, the lawyer reasonably spent 75 hours on the matter and shortly thereafter mailed the client a bill for $7,500 with a letter itemizing the work performed and time spent. The client responded by a letter expressing his good-faith belief that the lawyer had agreed to a total fee of no more than $5,000. The client enclosed a check in the amount of $5,000 payable to the lawyer and conspicuously marked, "Payment in full for legal services in connection with the sale of [the client's] building." Despite reading the "Payment in full..." language, the lawyer, without any notation of protest or reservation of rights, endorsed and deposited the check to her bank account. The check was duly paid by the client's bank. A few days later, the lawyer unsuccessfully demanded from the client payment of the $2,500 difference between the amount of her bill and the check and now sues the client for that difference. What, if anything, can the lawyer recover from the client?

Why is that accord & satisfaction?

TheBeard
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Re: THEMIS BAR REVIEW Hangout.

Postby TheBeard » Sun Jul 14, 2013 4:12 pm

So I'm at the stage where I avoid using my outlines when answering essay practice questions. If I don't know something, I make it up, or simply pass on the question. I did a property essay question mixed with contracts and I nailed all the issues and the law. Then I did another essay pq with a ton of state specific stuff and, well, I didn't do so hot. So, two weeks to learn all this, huh?

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Reinhardt
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Re: THEMIS BAR REVIEW Hangout.

Postby Reinhardt » Sun Jul 14, 2013 4:20 pm

I seem to remember from the Restatement that if you write those magic words on your check, and if the person you're paying has notice of them and cashes the check without protest, that's good enough. Themis's explanations have focused on the settlement of good faith disputes meet the requirement, and the problem suggests that the client was doing this good faith.

Edit: Actually Rest. 281 cmt. d suggests that cashing the check is enough, and cashing it under protest is ineffective at maintaining your claim.

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Bikeflip
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Re: THEMIS BAR REVIEW Hangout.

Postby Bikeflip » Sun Jul 14, 2013 4:29 pm

Reinhardt wrote:I seem to remember from the Restatement that if you write those magic words on your check, and if the person you're paying has notice of them and cashes the check without protest, that's good enough. Themis's explanations have focused on the settlement of good faith disputes meet the requirement, and the problem suggests that the client was doing this good faith.

Edit: Actually Rest. 281 cmt. d suggests that cashing the check is enough, and cashing it under protest is ineffective at maintaining your claim.



K, but let's change the facts to make sure I understand. Let's just say that this was an oral agreement and the client said "I'll pay you $5,000." The client then pays $5,000 in cash. Could the lawyer then recover under preexisting duty?

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BarbellDreams
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Re: THEMIS BAR REVIEW Hangout.

Postby BarbellDreams » Sun Jul 14, 2013 5:50 pm

Did a 50 Q mixed MBE. Felt better than any other time about my answers. Clicked Complete Task = 60%. *Sigh* :cry:

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Bikeflip
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Re: THEMIS BAR REVIEW Hangout.

Postby Bikeflip » Sun Jul 14, 2013 6:07 pm

BarbellDreams wrote:Did a 50 Q mixed MBE. Felt better than any other time about my answers. Clicked Complete Task = 60%. *Sigh* :cry:



Know the feeling. Reviewing my 60%, and MAF at some of the mistakes I made. I need. to. slow. down. Finishing these things with 15 minutes to spare is fine if I want to watch beisbol, but it will cost me the bar.

09042014
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Re: THEMIS BAR REVIEW Hangout.

Postby 09042014 » Sun Jul 14, 2013 6:24 pm

Are the Milestone Exams hard? I'm taking the one with Torts Con and Prop and I feel like I'm getting destroyed here.

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Bikeflip
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Re: THEMIS BAR REVIEW Hangout.

Postby Bikeflip » Sun Jul 14, 2013 6:28 pm

Desert Fox wrote:Are the Milestone Exams hard? I'm taking the one with Torts Con and Prop and I feel like I'm getting destroyed here.


I felt that one had were less nuanced questions. I did better on it than I did on the mixed MBEs.

09042014
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Re: THEMIS BAR REVIEW Hangout.

Postby 09042014 » Sun Jul 14, 2013 6:33 pm

Bikeflip wrote:
Desert Fox wrote:Are the Milestone Exams hard? I'm taking the one with Torts Con and Prop and I feel like I'm getting destroyed here.


I felt that one had were less nuanced questions. I did better on it than I did on the mixed MBEs.


I think I just had like 5-6 terrible ones at the start. It's getting easier as I go on.

TheBeard
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Re: THEMIS BAR REVIEW Hangout.

Postby TheBeard » Sun Jul 14, 2013 6:35 pm

I would like to enter a submission for dumbest mnemonic: BAD In In In Im C. Grounds for at fault divorce in PA: Bigamy, Adultery, Desertion, Infidelity, Indignity, Institutionalization, Imprisonment, and Cruelty. As you can tell, I suck at this.

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Bikeflip
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Re: THEMIS BAR REVIEW Hangout.

Postby Bikeflip » Sun Jul 14, 2013 6:39 pm

TheBeard wrote:I would like to enter a submission for dumbest mnemonic: BAD In In In Im C. Grounds for at fault divorce in PA: Bigamy, Adultery, Desertion, Infidelity, Indignity, Institutionalization, Imprisonment, and Cruelty. As you can tell, I suck at this.



BAD 4 Counter Intelligence? Bad C4? I 4got my ABCDs? Sorry.

TheBeard
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Re: THEMIS BAR REVIEW Hangout.

Postby TheBeard » Sun Jul 14, 2013 6:46 pm

Bikeflip wrote:
TheBeard wrote:I would like to enter a submission for dumbest mnemonic: BAD In In In Im C. Grounds for at fault divorce in PA: Bigamy, Adultery, Desertion, Infidelity, Indignity, Institutionalization, Imprisonment, and Cruelty. As you can tell, I suck at this.



BAD 4 Counter Intelligence? Bad C4? I 4got my ABCDs? Sorry.


:shock: In a couple of minutes? Impressive.

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Bikeflip
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Re: THEMIS BAR REVIEW Hangout.

Postby Bikeflip » Sun Jul 14, 2013 6:48 pm

TheBeard wrote:
Bikeflip wrote:
TheBeard wrote:I would like to enter a submission for dumbest mnemonic: BAD In In In Im C. Grounds for at fault divorce in PA: Bigamy, Adultery, Desertion, Infidelity, Indignity, Institutionalization, Imprisonment, and Cruelty. As you can tell, I suck at this.



BAD 4 Counter Intelligence? Bad C4? I 4got my ABCDs? Sorry.


:shock: In a couple of minutes? Impressive.


I don't have many skills, and the ones I do have are kinda worthless. :|

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BarbellDreams
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Re: THEMIS BAR REVIEW Hangout.

Postby BarbellDreams » Sun Jul 14, 2013 7:01 pm

I'm reading the model answer for a Contracts essay and just dropping my jaw. When the facts show absolutely nothing about parol evidence, lack of capacity, etc. this model answer is literally spending time just explaining that if these weren't there the contract wouldn't hold but there isn't any problem in them here. Then it goes in to explain how because the contract is clearly in writing it satisfies statute of frauds and what happens if a contract was not in writing.

This is kinda like me seeing a hearsay statement thats clearly admission by party opponent and then spending 2 pages explaining listing all 27 hearsay exceptions and how it doesn't fit them and why.

09042014
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Re: THEMIS BAR REVIEW Hangout.

Postby 09042014 » Sun Jul 14, 2013 7:04 pm

Desert Fox wrote:
Bikeflip wrote:
Desert Fox wrote:Are the Milestone Exams hard? I'm taking the one with Torts Con and Prop and I feel like I'm getting destroyed here.


I felt that one had were less nuanced questions. I did better on it than I did on the mixed MBEs.


I think I just had like 5-6 terrible ones at the start. It's getting easier as I go on.


Yea, I just got 5 out of the first 7 wrong. It was better after.

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Bikeflip
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Re: THEMIS BAR REVIEW Hangout.

Postby Bikeflip » Sun Jul 14, 2013 7:35 pm

BarbellDreams wrote:I'm reading the model answer for a Contracts essay and just dropping my jaw. When the facts show absolutely nothing about parol evidence, lack of capacity, etc. this model answer is literally spending time just explaining that if these weren't there the contract wouldn't hold but there isn't any problem in them here. Then it goes in to explain how because the contract is clearly in writing it satisfies statute of frauds and what happens if a contract was not in writing.

This is kinda like me seeing a hearsay statement thats clearly admission by party opponent and then spending 2 pages explaining listing all 27 hearsay exceptions and how it doesn't fit them and why.



I don't get that approach. We have 30 minutes; dispose of the easy issues early. To do otherwise seems to indicate that that you don't know what is important. In any given essay, I could talk about why torts doesn't apply, as there was no intentional tort or negligence.

releasethehounds
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Re: THEMIS BAR REVIEW Hangout.

Postby releasethehounds » Sun Jul 14, 2013 7:36 pm

100% ON PROPERTY!! Oh. Only one property question in the set? damn.

09042014
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Re: THEMIS BAR REVIEW Hangout.

Postby 09042014 » Sun Jul 14, 2013 7:38 pm

Anyone know if on the Milestone exams the "Average Ranking" means what percentile you are, or what the average % correct was?

releasethehounds
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Re: THEMIS BAR REVIEW Hangout.

Postby releasethehounds » Sun Jul 14, 2013 7:41 pm

My intuition is percent correct. I want to say i read that in one of the emails too.

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Dr. Review
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Re: THEMIS BAR REVIEW Hangout.

Postby Dr. Review » Sun Jul 14, 2013 7:42 pm

Desert Fox wrote:Anyone know if on the Milestone exams the "Average Ranking" means what percentile you are, or what the average % correct was?


Pretty sure it's average % correct.

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Reinhardt
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Re: THEMIS BAR REVIEW Hangout.

Postby Reinhardt » Sun Jul 14, 2013 7:43 pm

Desert Fox wrote:Anyone know if on the Milestone exams the "Average Ranking" means what percentile you are, or what the average % correct was?


It's got to be the average % correct, because Milestone 2 was showing me that number before I even took it. 69 and 71, right?




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