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Big Tuna
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Re: THEMIS BAR REVIEW Hangout.

Postby Big Tuna » Wed Jul 24, 2013 5:08 pm

SIAP, but I have finished all the NY State multiple choice problem sets (5) and only have 4 MBE sets left, does anyone know if I can do more or am I now locked out of accessing multiple choice practicing?

JD_done
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Re: THEMIS BAR REVIEW Hangout.

Postby JD_done » Wed Jul 24, 2013 5:10 pm

A strongly worded letter to the bar exam....

http://venusandmarsonadate.wordpress.co ... -bar-exam/

Laughed really hard. Needed that.

yeff
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Re: THEMIS BAR REVIEW Hangout.

Postby yeff » Wed Jul 24, 2013 5:54 pm

21. (Question ID#1175)
The day after a seller completed the sale of his house and moved out, one of the slates flew off the roof during a windstorm. The slate struck a pedestrian, who was on the public sidewalk. The pedestrian was seriously injured. The roof is old and has lost several slates in ordinary windstorms on other occasions. If the pedestrian sues the seller to recover damages for his injuries, will the pedestrian prevail?
A. Yes, because the roof was defective when the seller sold the house.
B. Yes, if the seller should have been aware of the condition of the roof and should have realized that it was dangerous to persons outside the premises.
C. No, because the seller was neither the owner nor the occupier of the house when the pedestrian was injured.
D. No, if the pedestrian knew that in the past slates had blown off the roof during windstorms.
Incorrect: Answer choice B is correct. With respect to an artificial condition, a landowner has a duty to prevent an unreasonable risk of harm to passersby, so if the seller knew of the dangerous condition of the roof, he is liable for the pedestrian's injury. Answer choice A is incorrect because whether or not the roof was defective, the seller was obligated to protect the pedestrian from it. Answer choice C is incorrect because selling the house does not relieve the seller of liability if he was previously aware of the dangerous condition and did not protect passersby from it. Answer choice D is incorrect because walking on the sidewalk past the seller's house is not a dangerous activity of which the pedestrian can assume the risk.


Uhhhh what am I missing here. How are they liable as a landowner for the artificial condition if they aren't the owner any longer? How long after no longer being a landowner would a seller have this duty???

releasethehounds
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Re: THEMIS BAR REVIEW Hangout.

Postby releasethehounds » Wed Jul 24, 2013 5:59 pm

Still. Avoiding. Essay. Exam.

Which is honestly a little ridiculous considering I do more than 6 essays a day anyways. Though the back to back MPTs does not sound joyous--actually I know it's not joyous I did the stupid graded MPT and another MPT back to back.

Question: Exactly how do they expect to figure out if we know anything if they're pushing us to mental exhaustion? Reminds me so hard of essay portion of the LSAT: Here, take a multiple choice test for hours (some of which doesn't even count)...and when you're really tired? Write an essay. (An unscored essay. For really no reason at all. Funsies! Watching all you brats groan because now it's essay time is funsies.)

It all seems so laughable now, how tired i was at the end of the LSAT. Even without the bar, just law school made it laughable how just mentally exhausted I was after that test. Though the reading comprehension sections took a lot out of me and my 'experimental section' was definitely reading comprehension. :( I wish it was analytical games.
Last edited by releasethehounds on Wed Jul 24, 2013 6:01 pm, edited 1 time in total.

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Reinhardt
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Re: THEMIS BAR REVIEW Hangout.

Postby Reinhardt » Wed Jul 24, 2013 6:00 pm

There was an essay portion of the LSAT?

releasethehounds
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Re: THEMIS BAR REVIEW Hangout.

Postby releasethehounds » Wed Jul 24, 2013 6:02 pm

Reinhardt wrote:There was an essay portion of the LSAT?


Yep. Very very end of it. Three sections in the morning, two sections after the break and then an essay portion that was unscored and all law schools used it for was to determine whether you fucked off in the last section.

praetorspqr
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Re: THEMIS BAR REVIEW Hangout.

Postby praetorspqr » Wed Jul 24, 2013 6:03 pm

yeff wrote:21. (Question ID#1175)
The day after a seller completed the sale of his house and moved out, one of the slates flew off the roof during a windstorm. The slate struck a pedestrian, who was on the public sidewalk. The pedestrian was seriously injured. The roof is old and has lost several slates in ordinary windstorms on other occasions. If the pedestrian sues the seller to recover damages for his injuries, will the pedestrian prevail?
A. Yes, because the roof was defective when the seller sold the house.
B. Yes, if the seller should have been aware of the condition of the roof and should have realized that it was dangerous to persons outside the premises.
C. No, because the seller was neither the owner nor the occupier of the house when the pedestrian was injured.
D. No, if the pedestrian knew that in the past slates had blown off the roof during windstorms.
Incorrect: Answer choice B is correct. With respect to an artificial condition, a landowner has a duty to prevent an unreasonable risk of harm to passersby, so if the seller knew of the dangerous condition of the roof, he is liable for the pedestrian's injury. Answer choice A is incorrect because whether or not the roof was defective, the seller was obligated to protect the pedestrian from it. Answer choice C is incorrect because selling the house does not relieve the seller of liability if he was previously aware of the dangerous condition and did not protect passersby from it. Answer choice D is incorrect because walking on the sidewalk past the seller's house is not a dangerous activity of which the pedestrian can assume the risk.



Uhhhh what am I missing here. How are they liable as a landowner for the artificial condition if they aren't the owner any longer? How long after no longer being a landowner would a seller have this duty???


I remember when I got that question. I bit for the same answer. I have no idea either. If we all choose the wrong answer, does that make it right?

Also, Is anyone else getting to the point where they don't even know why answers are right or wrong anymore? I just read them and some feel off for some reason.... This is probably a terrible sign.

releasethehounds
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Re: THEMIS BAR REVIEW Hangout.

Postby releasethehounds » Wed Jul 24, 2013 6:05 pm

praetorspqr wrote:Also, Is anyone else getting to the point where they don't even know why answers are right or wrong anymore? I just read them and some feel off for some reason.... This is probably a terrible sign.


I personally think it's because we're all looking for the trick now that we've gone through these bullshit minutia spouting questions. I'm overanalyzing answer choices and second guessing myself because I'm thinking they're trying to trick me.

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forza
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Re: THEMIS BAR REVIEW Hangout.

Postby forza » Wed Jul 24, 2013 6:07 pm

So I caved and paid for NCBE MBE practice exam #2 just to see what it was like. It was way easier than the Themis mixed sets. Although I did recognize a few of the questions from prior Themis sets, and that should be factored into how I ultimately did, I still ended up getting 94/100 on it (after never doing better than like 77% total on any individual or mixed Themis set).

Here's hoping the real thing is like that.

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kalvano
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Re: THEMIS BAR REVIEW Hangout.

Postby kalvano » Wed Jul 24, 2013 6:08 pm

releasethehounds wrote:Still. Avoiding. Essay. Exam.

Which is honestly a little ridiculous considering I do more than 6 essays a day anyways. Though the back to back MPTs does not sound joyous--actually I know it's not joyous I did the stupid graded MPT and another MPT back to back.

Question: Exactly how do they expect to figure out if we know anything if they're pushing us to mental exhaustion? Reminds me so hard of essay portion of the LSAT: Here, take a multiple choice test for hours (some of which doesn't even count)...and when you're really tired? Write an essay. (An unscored essay. For really no reason at all. Funsies! Watching all you brats groan because now it's essay time is funsies.)

It all seems so laughable now, how tired i was at the end of the LSAT. Even without the bar, just law school made it laughable how just mentally exhausted I was after that test. Though the reading comprehension sections took a lot out of me and my 'experimental section' was definitely reading comprehension. :( I wish it was analytical games.


At least Texas has the decency to split everything up so you can focus better. MPT and short answer day, then MBE, then essay.

Citizen Genet
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Re: THEMIS BAR REVIEW Hangout.

Postby Citizen Genet » Wed Jul 24, 2013 6:16 pm

kalvano wrote:At least Texas has the decency to split everything up so you can focus better. MPT and short answer day, then MBE, then essay.


Amen. The closer the exam gets, the more I realize their set up is perfect. I'm really glad they did the half day on the first day. That gives me time to look over notes for the essays on both days.

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Reinhardt
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Re: THEMIS BAR REVIEW Hangout.

Postby Reinhardt » Wed Jul 24, 2013 6:18 pm

forza wrote:So I caved and paid for NCBE MBE practice exam #2 just to see what it was like. It was way easier than the Themis mixed sets. Although I did recognize a few of the questions from prior Themis sets, and that should be factored into how I ultimately did, I still ended up getting 94/100 on it (after never doing better than like 77% total on any individual or mixed Themis set).

Here's hoping the real thing is like that.


What was the average scaled score on that one? #3's is 137. Trying to see if these are actually too easy or not.

09042014
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Re: THEMIS BAR REVIEW Hangout.

Postby 09042014 » Wed Jul 24, 2013 6:19 pm

Reinhardt wrote:
forza wrote:So I caved and paid for NCBE MBE practice exam #2 just to see what it was like. It was way easier than the Themis mixed sets. Although I did recognize a few of the questions from prior Themis sets, and that should be factored into how I ultimately did, I still ended up getting 94/100 on it (after never doing better than like 77% total on any individual or mixed Themis set).

Here's hoping the real thing is like that.


What was the average scaled score on that one? #3's is 137. Trying to see if these are actually too easy or not.


Forza does it spit out a SCALED score?

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forza
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Re: THEMIS BAR REVIEW Hangout.

Postby forza » Wed Jul 24, 2013 6:22 pm

Reinhardt wrote:
forza wrote:So I caved and paid for NCBE MBE practice exam #2 just to see what it was like. It was way easier than the Themis mixed sets. Although I did recognize a few of the questions from prior Themis sets, and that should be factored into how I ultimately did, I still ended up getting 94/100 on it (after never doing better than like 77% total on any individual or mixed Themis set).

Here's hoping the real thing is like that.


What was the average scaled score on that one? #3's is 137. Trying to see if these are actually too easy or not.


Average scaled score for #2 was 143. The raw score I got on the test calculated to a scaled score of 185... so yeah, maybe they are too easy, cause I know that ain't happening next week.

09042014
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Re: THEMIS BAR REVIEW Hangout.

Postby 09042014 » Wed Jul 24, 2013 6:25 pm

forza wrote:
Reinhardt wrote:
forza wrote:So I caved and paid for NCBE MBE practice exam #2 just to see what it was like. It was way easier than the Themis mixed sets. Although I did recognize a few of the questions from prior Themis sets, and that should be factored into how I ultimately did, I still ended up getting 94/100 on it (after never doing better than like 77% total on any individual or mixed Themis set).

Here's hoping the real thing is like that.


What was the average scaled score on that one? #3's is 137. Trying to see if these are actually too easy or not.


Average scaled score for #2 was 143. The raw score I got on the test calculated to a scaled score of 185... so yeah, maybe they are too easy, cause I know that ain't happening next week.


185 is like 100% percentile. Somethings fucked.

Gotta be too easy, but I'm sure you are fine to pass with flying colors .

releasethehounds
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Re: THEMIS BAR REVIEW Hangout.

Postby releasethehounds » Wed Jul 24, 2013 6:46 pm

kalvano wrote:At least Texas has the decency to split everything up so you can focus better. MPT and short answer day, then MBE, then essay.


AZ/UBE is better than most, so I really should stop complaining. 6 half hour essays in the morning, hour break, 2 MPTs back to back in the afternoon. Then the second day is the MBE. And no state specific essays.

And at least the MPTs are after the MEE essays. I don't have to know anything for an MPT except how to follow directions.

Could always be worse. I could be taking the Louisiana bar.

releasethehounds
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Re: THEMIS BAR REVIEW Hangout.

Postby releasethehounds » Wed Jul 24, 2013 6:50 pm

JD_done wrote:A strongly worded letter to the bar exam....

http://venusandmarsonadate.wordpress.co ... -bar-exam/

Laughed really hard. Needed that.


3) The bar exam hypotheticals. Oh man, those hypotheticals. I could write a separate letter just on the horribleness of your hypotheticals. It’s bad enough that they’re long as SHIT. What is this, Downton Abbey? Are you all failed screenplay writers? I don’t give a shit that Douchebro Defendant is an ex-MMA fighter. The point is he punched a dude in self-defense, okay? If it doesn’t change the answer, I DON’T WANT TO HEAR IT.



+500. Also this entire letter. +500.

Talar
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Re: THEMIS BAR REVIEW Hangout.

Postby Talar » Wed Jul 24, 2013 6:51 pm

You know Themis is getting technical as shit when you start getting problems like this:

30. (Question ID#3258)
The President created an office to encourage the improvement of local communities through faith-based organizations. The office was funded from monies appropriated by Congress for the general discretionary use of the President. The office provided support only to religious organizations. A taxpayer brought suit in federal court challenging the constitutionality of this office. The federal government has moved to dismiss this suit.

Should the court allow the taxpayer’s suit to proceed?
A. Yes, because the funding of the office violates the First Amendment Establishment of Religion Clause.
B. Yes, because the source of the funds for the office is a congressional appropriation.
C. No, because the plaintiff as a taxpayer lacks standing.
D. No, because the First Amendment Establishment of Religion Clause does not apply to the executive branch.

Incorrect: Answer choice C is correct. A taxpayer generally does not have standing to file a federal lawsuit simply because the taxpayer believes the government has allocated funds in an improper way. Answer choice A is incorrect because, although there is an exception to the rule that a taxpayer lacks standing to challenge a governmental expenditure when the expenditure violates the First Amendment Establishment of Religion Clause, this exception is very narrow. The exception does not apply to the expenditure of general discretionary funds by the executive branch. Answer choice B is incorrect because the narrow exception requires that Congress authorize the funds for a specific use that violates the Establishment Clause. Here, Congress merely authorized the funds for the President’s discretionary use, and not to fund the challenged office. Answer choice D is incorrect because, although the Establishment Clause reads “Congress shall make no law,” this clause has been interpreted to include actions taken by the federal government in general.

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kalvano
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Re: THEMIS BAR REVIEW Hangout.

Postby kalvano » Wed Jul 24, 2013 6:56 pm

releasethehounds wrote:
kalvano wrote:At least Texas has the decency to split everything up so you can focus better. MPT and short answer day, then MBE, then essay.


AZ/UBE is better than most, so I really should stop complaining. 6 half hour essays in the morning, hour break, 2 MPTs back to back in the afternoon. Then the second day is the MBE. And no state specific essays.

And at least the MPTs are after the MEE essays. I don't have to know anything for an MPT except how to follow directions.

Could always be worse. I could be taking the Louisiana bar.


I kind of don't mind the state-specific essays because they tell us exactly the topics that will be tested, and how many essays for each. Going back and looking at the old exams tells you what they test on every time. Makes some things a bit easier.

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elysiansmiles
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Re: THEMIS BAR REVIEW Hangout.

Postby elysiansmiles » Wed Jul 24, 2013 7:00 pm

Talar wrote:You know Themis is getting technical as shit when you start getting problems like this:

30. (Question ID#3258)
The President created an office to encourage the improvement of local communities through faith-based organizations. The office was funded from monies appropriated by Congress for the general discretionary use of the President. The office provided support only to religious organizations. A taxpayer brought suit in federal court challenging the constitutionality of this office. The federal government has moved to dismiss this suit.


Like so many Con Law questions, I think this one is just listing the facts of a real case. See Hein v. Freedom From Religion Foundation, 551 U.S. 587 (2007) [if I'm not mistaken]. It may be technical as all get-out, but that's how Con Law questions work.

Talar
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Re: THEMIS BAR REVIEW Hangout.

Postby Talar » Wed Jul 24, 2013 7:01 pm

Yeah, I've actually noticed that about quite a few of the questions, including some non-con law ones. Either way, it really stumped me in this case. :)

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kalvano
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Re: THEMIS BAR REVIEW Hangout.

Postby kalvano » Wed Jul 24, 2013 7:02 pm

Talar wrote:You know Themis is getting technical as shit when you start getting problems like this:

30. (Question ID#3258)
The President created an office to encourage the improvement of local communities through faith-based organizations. The office was funded from monies appropriated by Congress for the general discretionary use of the President. The office provided support only to religious organizations. A taxpayer brought suit in federal court challenging the constitutionality of this office. The federal government has moved to dismiss this suit.

Should the court allow the taxpayer’s suit to proceed?
A. Yes, because the funding of the office violates the First Amendment Establishment of Religion Clause.
B. Yes, because the source of the funds for the office is a congressional appropriation.
C. No, because the plaintiff as a taxpayer lacks standing.
D. No, because the First Amendment Establishment of Religion Clause does not apply to the executive branch.

Incorrect: Answer choice C is correct. A taxpayer generally does not have standing to file a federal lawsuit simply because the taxpayer believes the government has allocated funds in an improper way. Answer choice A is incorrect because, although there is an exception to the rule that a taxpayer lacks standing to challenge a governmental expenditure when the expenditure violates the First Amendment Establishment of Religion Clause, this exception is very narrow. The exception does not apply to the expenditure of general discretionary funds by the executive branch. Answer choice B is incorrect because the narrow exception requires that Congress authorize the funds for a specific use that violates the Establishment Clause. Here, Congress merely authorized the funds for the President’s discretionary use, and not to fund the challenged office. Answer choice D is incorrect because, although the Establishment Clause reads “Congress shall make no law,” this clause has been interpreted to include actions taken by the federal government in general.



Jeffries mentioned that taxpayers don't have standing several times.

praetorspqr
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Re: THEMIS BAR REVIEW Hangout.

Postby praetorspqr » Wed Jul 24, 2013 7:09 pm

kalvano wrote:
releasethehounds wrote:
kalvano wrote:At least Texas has the decency to split everything up so you can focus better. MPT and short answer day, then MBE, then essay.


AZ/UBE is better than most, so I really should stop complaining. 6 half hour essays in the morning, hour break, 2 MPTs back to back in the afternoon. Then the second day is the MBE. And no state specific essays.

And at least the MPTs are after the MEE essays. I don't have to know anything for an MPT except how to follow directions.

Could always be worse. I could be taking the Louisiana bar.


I kind of don't mind the state-specific essays because they tell us exactly the topics that will be tested, and how many essays for each. Going back and looking at the old exams tells you what they test on every time. Makes some things a bit easier.



Kalvano - I'm taking TX too. Are you having a rough time with Commercial Paper/Secured Transactions too? I feel like they're the hardest essay topics. I'm just hoping a thief doesn't enter the chain. Might have to have Professor Newman run him down. He looks like he's itching to make a move in those lectures...

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Reinhardt
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Re: THEMIS BAR REVIEW Hangout.

Postby Reinhardt » Wed Jul 24, 2013 7:12 pm

I would've gotten that question wrong too. Here's what Jeffries says though:

"An establishment of religion challenge to specific congressional appropriations can be challenged by any taxpayer."

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kalvano
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Re: THEMIS BAR REVIEW Hangout.

Postby kalvano » Wed Jul 24, 2013 7:12 pm

praetorspqr wrote:
kalvano wrote:
releasethehounds wrote:
kalvano wrote:At least Texas has the decency to split everything up so you can focus better. MPT and short answer day, then MBE, then essay.


AZ/UBE is better than most, so I really should stop complaining. 6 half hour essays in the morning, hour break, 2 MPTs back to back in the afternoon. Then the second day is the MBE. And no state specific essays.

And at least the MPTs are after the MEE essays. I don't have to know anything for an MPT except how to follow directions.

Could always be worse. I could be taking the Louisiana bar.


I kind of don't mind the state-specific essays because they tell us exactly the topics that will be tested, and how many essays for each. Going back and looking at the old exams tells you what they test on every time. Makes some things a bit easier.



Kalvano - I'm taking TX too. Are you having a rough time with Commercial Paper/Secured Transactions too? I feel like they're the hardest essay topics. I'm just hoping a thief doesn't enter the chain. Might have to have Professor Newman run him down. He looks like he's itching to make a move in those lectures...


Secured Transactions aren't really a thing, they are just a tricksy trick designed to mindfuck law students.




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