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Bikeflip
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Re: THEMIS BAR REVIEW Hangout.

Postby Bikeflip » Sun Jul 21, 2013 4:57 pm

tbgb wrote:btw, anyone know what is the minimum % that we need to reach for free course retake?


75%

https://www.themisbar.com/bar-examinati ... -guarantee

Still wanna know what the fine print means:

*All assignments must have been completed within approximately the amount of time allotted in the Themis schedule for each assignment. By definition, substantive tasks include all lectures, practice MBE and essay questions, milestone exams, and graded essays. Themis reserves the right, in its sole discretion, to refuse to offer the Pass or Your Money Back Guarantee to any student that Themis believes did not complete the required 75% of the substantive tasks with due diligence and in good faith.

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forza
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Re: THEMIS BAR REVIEW Hangout.

Postby forza » Sun Jul 21, 2013 4:59 pm

15/25 on the New York multiple choice set 3. Never been more stoked in my life to get 60% on an assignment.

tbgb
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Re: THEMIS BAR REVIEW Hangout.

Postby tbgb » Sun Jul 21, 2013 5:17 pm

Bikeflip wrote:
tbgb wrote:btw, anyone know what is the minimum % that we need to reach for free course retake?


75%

https://www.themisbar.com/bar-examinati ... -guarantee

Still wanna know what the fine print means:

*All assignments must have been completed within approximately the amount of time allotted in the Themis schedule for each assignment. By definition, substantive tasks include all lectures, practice MBE and essay questions, milestone exams, and graded essays. Themis reserves the right, in its sole discretion, to refuse to offer the Pass or Your Money Back Guarantee to any student that Themis believes did not complete the required 75% of the substantive tasks with due diligence and in good faith.



I think this means, we have to reach 75% in all four areas (MBE, Essay practice questions, Milestones, and Graded essays) You can check it under Progress.
This is actually kind of strict!!! I am only at 64 for practice essays!!!! ... damn

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Bikeflip
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Re: THEMIS BAR REVIEW Hangout.

Postby Bikeflip » Sun Jul 21, 2013 5:27 pm

Wow. I get per stirpes v per capita at each generation.

releasethehounds
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Re: THEMIS BAR REVIEW Hangout.

Postby releasethehounds » Sun Jul 21, 2013 5:31 pm

tbgb wrote:
Bikeflip wrote:
tbgb wrote:btw, anyone know what is the minimum % that we need to reach for free course retake?


75%

https://www.themisbar.com/bar-examinati ... -guarantee

Still wanna know what the fine print means:

*All assignments must have been completed within approximately the amount of time allotted in the Themis schedule for each assignment. By definition, substantive tasks include all lectures, practice MBE and essay questions, milestone exams, and graded essays. Themis reserves the right, in its sole discretion, to refuse to offer the Pass or Your Money Back Guarantee to any student that Themis believes did not complete the required 75% of the substantive tasks with due diligence and in good faith.



I think this means, we have to reach 75% in all four areas (MBE, Essay practice questions, Milestones, and Graded essays) You can check it under Progress.
This is actually kind of strict!!! I am only at 64 for practice essays!!!! ... damn


I actually had a moment the other day where I was wondering if they look at the amount of time you actually spend on a task. Like for example, I read all my long outlines on my ipad and I review topics on my own before I just click through and say I did it. So for Themis it probably looks like I spent 2 minutes reading a 200 page con law outline. But they did give me the outlines in epub form...

Also, really wishing the 30 minute review outlines were also available in ebook form. They're definitely different from the substantive outline and I'm having a hard time actually reading outlines on a computer screen.

09042014
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Re: THEMIS BAR REVIEW Hangout.

Postby 09042014 » Sun Jul 21, 2013 5:34 pm

Yea I doubt I even qualify since I'm just issue spotting the essay PQs. I'm not worried about percentage anymore.

I think we get to reuse it if we fail no matter what. We just don't get our money back.

yeff
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Re: THEMIS BAR REVIEW Hangout.

Postby yeff » Sun Jul 21, 2013 5:36 pm

47. (Question ID#491)
A victim was held up at the point of a gun, an unusual revolver with a red painted barrel, while she was clerking in a neighborhood grocery store. The defendant is charged with the armed robbery of the victim. The prosecutor calls a witness to testify that, a week after the robbery of the victim, he was robbed at a gas station by the defendant with a pistol that had red paint on the barrel.

The witness's testimony is
A. admissible as establishing an identifying circumstance.
B. admissible as showing that the defendant was willing to commit robbery.
C. inadmissible, because it is improper character evidence.
D. inadmissible, because its probative value is substantially outweighed by the danger of unfair prejudice.
Incorrect: Answer choice A is correct. The witness's testimony is circumstantial evidence tending to prove a factual proposition from a collateral fact. It is relevant because the fact that the defendant had a red-barreled handgun one week after the grocery store robbery makes it more probable that he possessed the handgun during the robbery. Answer choice B is incorrect because the testimony does not go to the defendant's intent, but rather to identify an unusual revolver in the defendant's possession. Similarly, answer choice C is incorrect because the testimony is offered for identification and not as character evidence. Answer choice D is incorrect because the evidence is highly probative, even if it is potentially prejudicial.


I hate questions that turn on subjective views on the probative/prejudicial line. This seems obvious to me -- sure, it's probative, but anybody could've had that red gun a whole week earlier, and the testimony is thus substantially outweighed by danger of unfair prejudice. Am i missing something?

and moving on....

bump to my other question ----- how does the Themis essay scoring out of 100 translate into the bar examiners' scoring we need (NY)?
Last edited by yeff on Sun Jul 21, 2013 5:37 pm, edited 2 times in total.

releasethehounds
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Re: THEMIS BAR REVIEW Hangout.

Postby releasethehounds » Sun Jul 21, 2013 5:36 pm

Bikeflip wrote:Wow. I get per stirpes v per capita at each generation.


NGL, I took trusts and estates this last semester and when I finally understood per stirpes vs. per capita at each generation vs. per capita with representation it actually started to get fun and I got ridiculously happy when there was a question about it on the exam.

Though I find it interesting that they bothered to teach per capita with representation on the lecture and outline from themis but every time I've seen intestate succession on an essay question they've only gone through the other two approaches. Which, y'know. fine by me, but I just find it sort of odd.

locusdelicti
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Re: THEMIS BAR REVIEW Hangout.

Postby locusdelicti » Sun Jul 21, 2013 5:37 pm



A shopper walked into a store that had a check-cashing service and tried to cash a $550 check which was payable to him. The attendant on duty refused to cash the check because the shopper did not have two forms of identification, which the store's policies required. The shopper, who had no money except for the check and who needed cash to pay for food and a place to sleep, became agitated. He put his hand into his pocket and growled, "Give me the money or I'll start shooting." The attendant, who knew the shopper as a neighborhood character, did not believe that he was violent or had a gun. However, because the attendant felt sorry for the shopper, he handed over the cash. The shopper left the check on the counter and departed. The attendant picked up the check and found that the shopper had failed to endorse it.

If the shopper is guilty of any crime, he is most likely guilty of:
A. robbery. B. attempted robbery. C. theft by false pretenses. D. larceny by trick.
Incorrect: Answer choice B is correct. Robbery is the trespassory taking and carrying away of the personal property of another with the intent to steal by force or intimidation. Here, the shopper intended to take money from the business by force or intimidation. Because the attendant did not give the shopper the cash as a result of intimidation, but out of empathy, the crime of robbery was never completed. Thus, answer choice A is incorrect, and the shopper may be guilty of attempted robbery. Answer choice C and answer choice D are incorrect because, although the shopper did misrepresent that he had a gun, the misrepresentation did not cause the attendant to hand over the cash. Therefore, the shopper is not guilty of theft by false pretenses or larceny by trick. The shopper is also not guilty of larceny by trick because he obtained both possession and title of the money, not merely possession.


FUCK YOU

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Charles Barkley
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Re: THEMIS BAR REVIEW Hangout.

Postby Charles Barkley » Sun Jul 21, 2013 5:39 pm

I feel like giving up. Been struggling on the last two MBE Practice Sets - mostly with contracts & torts. :cry:

releasethehounds
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Re: THEMIS BAR REVIEW Hangout.

Postby releasethehounds » Sun Jul 21, 2013 5:43 pm

Charles Barkley wrote:I feel like giving up. Been struggling on the last two MBE Practice Sets - mostly with contracts & torts. :cry:


How about going back to some of the earlier sets, the contract and torts specific ones, covering the answers and taking them again? The sets now are so bogged down in minutia that it gets real easy to feel like you don't know anything. But I bet if you go back to the beginning or even the first MBE mixed sets that you'll find you're doing really well and know more than you feel like you do.


To those talking about motivation, I'm right there with you. I've told myself "Okay. You're going to get to work in ten minutes" for about 2 hours now. After letting myself sleep til 1ish. Though I suppose I don't feel so bad about that since I "studied" (read: distracted for 10 minutes, studied for 10 minutes, rinse and repeat) until 6:30am.

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BarbellDreams
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Re: THEMIS BAR REVIEW Hangout.

Postby BarbellDreams » Sun Jul 21, 2013 5:47 pm

locusdelicti wrote:

A shopper walked into a store that had a check-cashing service and tried to cash a $550 check which was payable to him. The attendant on duty refused to cash the check because the shopper did not have two forms of identification, which the store's policies required. The shopper, who had no money except for the check and who needed cash to pay for food and a place to sleep, became agitated. He put his hand into his pocket and growled, "Give me the money or I'll start shooting." The attendant, who knew the shopper as a neighborhood character, did not believe that he was violent or had a gun. However, because the attendant felt sorry for the shopper, he handed over the cash. The shopper left the check on the counter and departed. The attendant picked up the check and found that the shopper had failed to endorse it.

If the shopper is guilty of any crime, he is most likely guilty of:
A. robbery. B. attempted robbery. C. theft by false pretenses. D. larceny by trick.
Incorrect: Answer choice B is correct. Robbery is the trespassory taking and carrying away of the personal property of another with the intent to steal by force or intimidation. Here, the shopper intended to take money from the business by force or intimidation. Because the attendant did not give the shopper the cash as a result of intimidation, but out of empathy, the crime of robbery was never completed. Thus, answer choice A is incorrect, and the shopper may be guilty of attempted robbery. Answer choice C and answer choice D are incorrect because, although the shopper did misrepresent that he had a gun, the misrepresentation did not cause the attendant to hand over the cash. Therefore, the shopper is not guilty of theft by false pretenses or larceny by trick. The shopper is also not guilty of larceny by trick because he obtained both possession and title of the money, not merely possession.


FUCK YOU



This may be as nitpicky as I have seen an MBE get. This rivals that hockey game battery question on the Milestone where choices A and B said the exact same thing and were both right.

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Charles Barkley
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Re: THEMIS BAR REVIEW Hangout.

Postby Charles Barkley » Sun Jul 21, 2013 5:47 pm

Solid advice. The thought of covering the answers and retaking the questions never crossed my mind. Thanks.

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Bikeflip
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Re: THEMIS BAR REVIEW Hangout.

Postby Bikeflip » Sun Jul 21, 2013 5:49 pm

Desert Fox wrote:I think we get to reuse it if we fail no matter what. We just don't get our money back.



Good point. I went back and reread the link I provided, and your understanding is my understanding.

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BarbellDreams
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Re: THEMIS BAR REVIEW Hangout.

Postby BarbellDreams » Sun Jul 21, 2013 5:56 pm

Dumb question of the day: I wasn't paying any attention during the introductory part on scoring. (FOR PA): If the MBE is 200 points (so lets say I get 135 raw and scaled to 147) and the essays are 20 points each with the PT being scored as 150% of an essay...how do we get to 272? 13 on each essay = 78 + PT of 21 = 99 + 147 MBE score = Nowhere close to 272, and 13's + 147 MBE should guarantee a pass. Are the 20 points on the essays not really 20 points for purposes of grading?

dsclaw
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Re: THEMIS BAR REVIEW Hangout.

Postby dsclaw » Sun Jul 21, 2013 5:58 pm

"The company can buy from the manufacturer more units than it can sell at retail." Does this indicate to anyone else that this is a lost volume seller? To me this indicates that the company is not...Themis says otherwise

09042014
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Re: THEMIS BAR REVIEW Hangout.

Postby 09042014 » Sun Jul 21, 2013 6:02 pm

dsclaw wrote:"The company can buy from the manufacturer more units than it can sell at retail." Does this indicate to anyone else that this is a lost volume seller? To me this indicates that the company is not...Themis says otherwise


Yes it's a lost volume seller.

They can get another car easily.Which means selling to car is robbing them of a sale, not mitigating damages on the last.

dsclaw
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Re: THEMIS BAR REVIEW Hangout.

Postby dsclaw » Sun Jul 21, 2013 6:04 pm

Desert Fox wrote:
dsclaw wrote:"The company can buy from the manufacturer more units than it can sell at retail." Does this indicate to anyone else that this is a lost volume seller? To me this indicates that the company is not...Themis says otherwise


Yes it's a lost volume seller.

They can get another car easily.Which means selling to car is robbing them of a sale, not mitigating damages on the last.


If they can buy more items then they can sell how is that a lost volume seller, that means they have items remaining? There supply is greater than their demand for them.... Maybe I am not reading it properly?

09042014
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Re: THEMIS BAR REVIEW Hangout.

Postby 09042014 » Sun Jul 21, 2013 6:10 pm

dsclaw wrote:
Desert Fox wrote:
dsclaw wrote:"The company can buy from the manufacturer more units than it can sell at retail." Does this indicate to anyone else that this is a lost volume seller? To me this indicates that the company is not...Themis says otherwise


Yes it's a lost volume seller.

They can get another car easily.Which means selling to car is robbing them of a sale, not mitigating damages on the last.


If they can buy more items then they can sell how is that a lost volume seller, that means they have items remaining? There supply is greater than their demand for them.... Maybe I am not reading it properly?


Having more than you can sell is basically the definition of lost volume seller. It's when you can sell more than you have, then you aren't.

dsclaw
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Re: THEMIS BAR REVIEW Hangout.

Postby dsclaw » Sun Jul 21, 2013 6:12 pm

Desert Fox wrote:
dsclaw wrote:
Desert Fox wrote:
dsclaw wrote:"The company can buy from the manufacturer more units than it can sell at retail." Does this indicate to anyone else that this is a lost volume seller? To me this indicates that the company is not...Themis says otherwise


Yes it's a lost volume seller.

They can get another car easily.Which means selling to car is robbing them of a sale, not mitigating damages on the last.


If they can buy more items then they can sell how is that a lost volume seller, that means they have items remaining? There supply is greater than their demand for them.... Maybe I am not reading it properly?


Having more than you can sell is basically the definition of lost volume seller. It's when you can sell more than you have, then you aren't.


Yes true, I am not sure why I was thinking of it as supply and demand, for some reason I was thinking it had to be in high demand, guess from the past problems....

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JuTMSY4
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Re: THEMIS BAR REVIEW Hangout.

Postby JuTMSY4 » Sun Jul 21, 2013 6:15 pm

BarbellDreams wrote:Dumb question of the day: I wasn't paying any attention during the introductory part on scoring. (FOR PA): If the MBE is 200 points (so lets say I get 135 raw and scaled to 147) and the essays are 20 points each with the PT being scored as 150% of an essay...how do we get to 272? 13 on each essay = 78 + PT of 21 = 99 + 147 MBE score = Nowhere close to 272, and 13's + 147 MBE should guarantee a pass. Are the 20 points on the essays not really 20 points for purposes of grading?


2 things.
1) Essays are scaled
2) Essays are worth 55% in PA (to MBE's 45%)

This from the email:

"The PA examiners are not as forthcoming with scaling information, but based on scaling for the past two years, a conservative estimate puts the essay exam scaling in the 55-60 point range. These points are simply added to your raw score. So for the essay exam, a raw score of 75 (out of 150 total raw points) is going to be scaled to around 130 to 135."

so add about 55 points to your guestimate
Last edited by JuTMSY4 on Sun Jul 21, 2013 6:17 pm, edited 1 time in total.

locusdelicti
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Re: THEMIS BAR REVIEW Hangout.

Postby locusdelicti » Sun Jul 21, 2013 6:16 pm

BarbellDreams wrote:Dumb question of the day: I wasn't paying any attention during the introductory part on scoring. (FOR PA): If the MBE is 200 points (so lets say I get 135 raw and scaled to 147) and the essays are 20 points each with the PT being scored as 150% of an essay...how do we get to 272? 13 on each essay = 78 + PT of 21 = 99 + 147 MBE score = Nowhere close to 272, and 13's + 147 MBE should guarantee a pass. Are the 20 points on the essays not really 20 points for purposes of grading?


I believe the essay scores are scaled as well...? I don't know. I'm confused by the math.

ETA: What that guy said. ^
Last edited by locusdelicti on Sun Jul 21, 2013 6:18 pm, edited 1 time in total.

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Dr. Review
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Re: THEMIS BAR REVIEW Hangout.

Postby Dr. Review » Sun Jul 21, 2013 6:16 pm

BarbellDreams wrote:Dumb question of the day: I wasn't paying any attention during the introductory part on scoring. (FOR PA): If the MBE is 200 points (so lets say I get 135 raw and scaled to 147) and the essays are 20 points each with the PT being scored as 150% of an essay...how do we get to 272? 13 on each essay = 78 + PT of 21 = 99 + 147 MBE score = Nowhere close to 272, and 13's + 147 MBE should guarantee a pass. Are the 20 points on the essays not really 20 points for purposes of grading?


PM'd

GertrudePerkins
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Re: THEMIS BAR REVIEW Hangout.

Postby GertrudePerkins » Sun Jul 21, 2013 6:31 pm

Here's part of the setup in a real bar exam question from MA:
Liquors, Inc. (“Liquors”), a wine wholesaler in Massachusetts, entered into a contract in 2004 with Wine Growers, Ltd. (“Growers”), a California vineyard, for Growers to supply 100,000 gallons of red wine per year for five (5) years to Liquors, to be transported to Liquors’ processing plant in Boston at the rate of 5,000 gallons per month.
No explanation is given for the fact that 5000 gal/month x 12 months/year = 60,000 gal/year, NOT 100,000. Nothing in the rest of the question turns on the exact volume the contract was for. Do you think the bar examiners could've done that on purpose? And if so, what is it supposed to implicate? Do you suppose they actually wanted you to consider that the contract was internally contradictory? Or do you suppose it was just a goof/typo? (It's Question 9 if anyone cares to actually read it.) That one had me scratching my head.

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Bikeflip
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Re: THEMIS BAR REVIEW Hangout.

Postby Bikeflip » Sun Jul 21, 2013 7:58 pm

Set bounty in contracts? Anyone else recall studying this? Apparently it's a workaround way to enforce a uni-lateral K after the K was revoked.

The example was a detective found a criminal and turned the criminal in for a reward. The city revoked the award before the detective found the criminal, but the detective wanted the reward. The bounty theory was a stronger theory for her than quasi-contract.

Also, was focusing way too much on the MEE, and I got rocked on the MBE today.




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