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missinglink
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Re: THEMIS BAR REVIEW Hangout.

Postby missinglink » Mon Jul 15, 2013 8:49 pm

Ok, for the Short Themis Outline on Torts / Defamation, they say this:

Private figure/not matter of public concern – at least negligence


This isn't right, is it? I'm looking at a long outline and it says: "No fault as to truth or falsity need be proved." So, in other words, "at least negligence" is wrong.

What other mistakes are there in the short outline?

locusdelicti
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Re: THEMIS BAR REVIEW Hangout.

Postby locusdelicti » Mon Jul 15, 2013 9:09 pm

missinglink wrote:Ok, for the Short Themis Outline on Torts / Defamation, they say this:

Private figure/not matter of public concern – at least negligence


This isn't right, is it? I'm looking at a long outline and it says: "No fault as to truth or falsity need be proved." So, in other words, "at least negligence" is wrong.

What other mistakes are there in the short outline?


At least negligence is the majority rule.

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Charles Barkley
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Re: THEMIS BAR REVIEW Hangout.

Postby Charles Barkley » Mon Jul 15, 2013 9:25 pm

I have got to get torts, contracts, and property under control within the next 2 weeks. I have yet to even begun learning the state specific law yet either, although my outlines are done for those topics. :cry:

On the simulated MBE, I scored:

Contracts 19/34
Property 15/33
Torts 18/34

That is not going to cut it. At least I know my weaknesses now.

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Charles Barkley
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Re: THEMIS BAR REVIEW Hangout.

Postby Charles Barkley » Mon Jul 15, 2013 9:32 pm

Also, thanks to whoever posted the flashcard links.

missinglink
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Re: THEMIS BAR REVIEW Hangout.

Postby missinglink » Mon Jul 15, 2013 9:46 pm

locusdelicti wrote:
missinglink wrote:Ok, for the Short Themis Outline on Torts / Defamation, they say this:

Private figure/not matter of public concern – at least negligence


This isn't right, is it? I'm looking at a long outline and it says: "No fault as to truth or falsity need be proved." So, in other words, "at least negligence" is wrong.

What other mistakes are there in the short outline?


At least negligence is the majority rule.


The model answer I just read for an essay that I just wrote indicates otherwise.

Which is to say, I'm thoroughly confused.

locusdelicti
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Re: THEMIS BAR REVIEW Hangout.

Postby locusdelicti » Mon Jul 15, 2013 9:52 pm

missinglink wrote:
locusdelicti wrote:
missinglink wrote:Ok, for the Short Themis Outline on Torts / Defamation, they say this:

Private figure/not matter of public concern – at least negligence


This isn't right, is it? I'm looking at a long outline and it says: "No fault as to truth or falsity need be proved." So, in other words, "at least negligence" is wrong.

What other mistakes are there in the short outline?


At least negligence is the majority rule.


The model answer I just read for an essay that I just wrote indicates otherwise.

Which is to say, I'm thoroughly confused.


Your essay was state specific though, yes? Maybe your state doesn't follow the majority rule.

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Agoraphobia
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Re: THEMIS BAR REVIEW Hangout.

Postby Agoraphobia » Mon Jul 15, 2013 10:11 pm

as stars burn wrote:
Catleesi wrote:Is anyone else on the struggle bus with essays? I feel ok with the MBE and MPT but the MEE is going to destroy me. It takes me maybe ten minutes to do a practice essay because either a) I don't know the law or b) I'm just not detailed enough.


I'm on the bus for certain subjects for sure--this really goes for the MBE too. Commercial Paper, Secured Trans, Real Property and Evidence scare the shit out of me as far as essays are concerned. I'd say agency/partnerships/corporations essays are my strongest. I did a couple Commercial Paper essays today and at least hit on some of the issues so I'm hoping with a little more review I'll be alright, but Secured Trans is what really scares me. I need to read through the big outline because the lectures just didn't do it for me. Although, shout out to Agoraphobia for the awesome mini-attack outline :) I can feel it in my bones that either Comm Paper or Secured Trans is going to show up.


Glad it helped!! :)

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forza
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Re: THEMIS BAR REVIEW Hangout.

Postby forza » Tue Jul 16, 2013 12:42 am

10/25 on NY multiple choice set 2. Fucking LOL. I don't even care.

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Agoraphobia
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Re: THEMIS BAR REVIEW Hangout.

Postby Agoraphobia » Tue Jul 16, 2013 12:50 am

Truly felt the burnout today. I didn't sleep well last night, but did only minimal work all day long. Went for coffee with a friend late, and she told me she has never seen me like this. I'm barely making sense when I talk to people, even.

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as stars burn
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Re: THEMIS BAR REVIEW Hangout.

Postby as stars burn » Tue Jul 16, 2013 12:54 am

Agoraphobia wrote:Truly felt the burnout today. I didn't sleep well last night, but did only minimal work all day long. Went for coffee with a friend late, and she told me she has never seen me like this. I'm barely making sense when I talk to people, even.


This just reminded me: I went to my law school to take the Simulated MBE last week, and I had the unfortunate event of running into my old supervising attorney from the firm I worked at this past summer as I was waiting for the train to get home. I looked like hell, mind you, and I can remember her looking at me like, "oh my god, are you okay?" LOL. I was exhausted and just didn't give two flying shits what I looked liked.

Also, I'm incredibly burnt out, and I know for sure because I almost started crying today when I couldn't find the damn can opener in our pile of moving boxes so I could open up my can of Spaghetti O's. Twas' a sad day.

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Agoraphobia
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Re: THEMIS BAR REVIEW Hangout.

Postby Agoraphobia » Tue Jul 16, 2013 1:08 am

Sounds about where I'm at also. Also, really bad things are happening with cupcakes, as I am buying boxes of 4 and eating them all in one sitting. UGH! Why?

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forza
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Re: THEMIS BAR REVIEW Hangout.

Postby forza » Tue Jul 16, 2013 2:33 am

I'm burnt the fuck out too. Doing progressively worse on these mixed MBE sets, even though I'm studying like a motherfucker. Not sure if I'm just getting dumber and continue making idiotic mistakes, or the minutiae of these questions is really just overwhelming.

Fuck this test.

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Bikeflip
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Re: THEMIS BAR REVIEW Hangout.

Postby Bikeflip » Tue Jul 16, 2013 2:39 am

Studying MEE subjects. Nothing retained. Fuck.

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Reinhardt
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Re: THEMIS BAR REVIEW Hangout.

Postby Reinhardt » Tue Jul 16, 2013 2:51 am

Just remember that whatever the Themis average is, you can do somewhat worse than that and pass.

releasethehounds
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Re: THEMIS BAR REVIEW Hangout.

Postby releasethehounds » Tue Jul 16, 2013 3:34 am

Seriously hate when I think I have a really good handle (read: decent handle) on a subject, open a 2+ essay task, absolutely kill the first essay and go 'okay, maybe I do have this..' then get to the second essay and know ABSOLUTELY NOTHING IN THE ENTIRE ANSWER.

I can handle not knowing everything. But the idea that I will get an essay question where I don't even know enough to BS a response scares the crap out of me.

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BarbellDreams
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Re: THEMIS BAR REVIEW Hangout.

Postby BarbellDreams » Tue Jul 16, 2013 9:24 am

Can someone give me a scenario where we would actually need to use the Priveleges and Immunities clause because Equal protection and Due Process wouldn't be enough? Even the Themis example of charging extra for a commercial fishing license seems a bit off to me. Is it basically activity that discriminates against out of staters, but will likely pass a rational basis test (charging more for foreign fisherman) and is not a fundamental right touching due process? And why does Themis say that recreational activity discrimination is fine but commercial activity is not?

My professor from ConLaw in LS said P & I clause is basically non-existent now adays before everything is covered by Due Process or Equal protection, and Jeffries in his lecture said to NEVER pick P & I as the answer, but I actually just came across a Con Law MBE where P & I was the answer.

locusdelicti
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Re: THEMIS BAR REVIEW Hangout.

Postby locusdelicti » Tue Jul 16, 2013 9:25 am

Add me to the list of burnt out + feel like I don't remember anything + feel like I'm not improving.

But, I try to remember... and maybe this will help you lot too... you'll remember more on Game Day than you think you will. I've taken the bar before, and I remember (vaguely) when I was studying feeling like I remembered nothing... and then when I wrote my essays, all of it sort of poured out, and I passed.

So... keep that in mind and keep studying. I'm trying to keep it in mind and believe it.

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Catleesi
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Re: THEMIS BAR REVIEW Hangout.

Postby Catleesi » Tue Jul 16, 2013 9:26 am

as stars burn wrote:
Agoraphobia wrote:Truly felt the burnout today. I didn't sleep well last night, but did only minimal work all day long. Went for coffee with a friend late, and she told me she has never seen me like this. I'm barely making sense when I talk to people, even.


This just reminded me: I went to my law school to take the Simulated MBE last week, and I had the unfortunate event of running into my old supervising attorney from the firm I worked at this past summer as I was waiting for the train to get home. I looked like hell, mind you, and I can remember her looking at me like, "oh my god, are you okay?" LOL. I was exhausted and just didn't give two flying shits what I looked liked.

Also, I'm incredibly burnt out, and I know for sure because I almost started crying today when I couldn't find the damn can opener in our pile of moving boxes so I could open up my can of Spaghetti O's. Twas' a sad day.


I started sobbing yesterday when I gagged myself on coffee that wasn't even hot (because I had to walk through the rain to even get it and bring it back-- I had begun my day by taking my car to the shop) and spilled it all over my jeans and the carpet. Then I had family drama, and then I ruined dinner. Boyfriend came home, took one look at me an was like, "Uh... Cat? You ok?"

--LinkRemoved--

And you can also add me to the list of people who have stopped improving.

locusdelicti
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Re: THEMIS BAR REVIEW Hangout.

Postby locusdelicti » Tue Jul 16, 2013 9:29 am

Catleesi wrote:
--LinkRemoved--

And you can also add me to the list of people who have stopped improving.


...you've made a terrible mistake?

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Bronx Bum
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Re: THEMIS BAR REVIEW Hangout.

Postby Bronx Bum » Tue Jul 16, 2013 9:31 am

Gettin KILLLLLED on the mixed MBE 9 & parts of 10. Anyone finding these a notch up from the rest of the MBEs?

Kretzy
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Re: THEMIS BAR REVIEW Hangout.

Postby Kretzy » Tue Jul 16, 2013 9:36 am

BarbellDreams wrote:Can someone give me a scenario where we would actually need to use the Priveleges and Immunities clause because Equal protection and Due Process wouldn't be enough? Even the Themis example of charging extra for a commercial fishing license seems a bit off to me. Is it basically activity that discriminates against out of staters, but will likely pass a rational basis test (charging more for foreign fisherman) and is not a fundamental right touching due process? And why does Themis say that recreational activity discrimination is fine but commercial activity is not?

My professor from ConLaw in LS said P & I clause is basically non-existent now adays before everything is covered by Due Process or Equal protection, and Jeffries in his lecture said to NEVER pick P & I as the answer, but I actually just came across a Con Law MBE where P & I was the answer.


I think I saw that question (the only one where P&I has been the right answer, IIRC). I thought it was right and still didn't pick it because Jeffries said never pick it. I'm still planning to never pick it, just b/c of the odds.

But basically, I think you're mostly right on the law. The reason commercial activity is different than recreational, I think, is that the pursuit of employment is considered within the classification of "fundamental rights and essential activities." So, I, Montana, can charge you more, Wyoming resident, to come into my streams and fly fish, but I can't charge you more than I do Montana residents to come into my lakes and commercially fish.

Apart from these very, very limited circumstances, P&I never applies. Immediately eliminate it if there's no state discrimination against an out-of-stater, or if there's not a fundamental/economic activity involved. Which is probably 99% of the time.

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Catleesi
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Re: THEMIS BAR REVIEW Hangout.

Postby Catleesi » Tue Jul 16, 2013 10:00 am

locusdelicti wrote:
Catleesi wrote:
--LinkRemoved--

And you can also add me to the list of people who have stopped improving.


...you've made a terrible mistake?


I'm starting to think so. All I wanna do is take a break and go swimming, but there have been reports of loose seals in the area.

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Shawnology
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Re: THEMIS BAR REVIEW Hangout.

Postby Shawnology » Tue Jul 16, 2013 10:04 am

Morning World!! Let's do this!!

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denimchickn
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Re: THEMIS BAR REVIEW Hangout.

Postby denimchickn » Tue Jul 16, 2013 10:11 am

Just had to take two days off to move. Sitting at 65% with about a million essays left to do.

Now it's game time.

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Shawnology
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Re: THEMIS BAR REVIEW Hangout.

Postby Shawnology » Tue Jul 16, 2013 10:20 am

denimchickn wrote:Just had to take two days off to move. Sitting at 65% with about a million essays left to do.

Now it's game time.


You know the old adage:

What do they call the guy who gets the lowest score on his Board Exam??

Doctor!

Keep Chugging'!




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