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Talar
Posts: 76
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Re: THEMIS BAR REVIEW Hangout.

Postby Talar » Wed Jul 24, 2013 7:18 pm

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


I know, but I was relying on the one exception to the rule, but the exception was not applicable. That was the point of my post.

Talar
Posts: 76
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Re: THEMIS BAR REVIEW Hangout.

Postby Talar » Wed Jul 24, 2013 7:18 pm

Reinhardt wrote: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."


Ya, after I got that question wrong I went back and highlighted the fuck out of that "specific" word, haha.

Kretzy
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Re: THEMIS BAR REVIEW Hangout.

Postby Kretzy » Wed Jul 24, 2013 7:24 pm

kalvano wrote:
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.


Except to challenge violations of the Establishment Clause. This question angered me. It seems like the TP would have standing e/i the suit probably won't succeed as an actual violation of the EC.

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elysiansmiles
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Re: THEMIS BAR REVIEW Hangout.

Postby elysiansmiles » Wed Jul 24, 2013 7:40 pm

Ugh, I so do not have the time or attention span to try to do one of these 100 question MBE sets. Maybe I'll start now with a glass of wine, give up when I get frustrated, and then come back to it tomorrow. 100 questions is just... so many questions.

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BarbellDreams
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Re: THEMIS BAR REVIEW Hangout.

Postby BarbellDreams » Wed Jul 24, 2013 7:42 pm

Yeah, I would have said the exception applies. I guess they are nitpicking discretionary spending from Congress passing a law that mandates spending. Idk, I can't even sell myself on that reasoning as a write it. Seems to me like taxpayers have standing to challenge government funds being allocated to support religion.

JAGGER
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Re: THEMIS BAR REVIEW Hangout.

Postby JAGGER » Wed Jul 24, 2013 7:43 pm

Yeah, just took a look at the Fed Tax outline for Illinois. I hope the bar examiners don't pick 2013 as the first time since 1992 or whatever this sh*t shows up.

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Bikeflip
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Re: THEMIS BAR REVIEW Hangout.

Postby Bikeflip » Wed Jul 24, 2013 7:49 pm

Took the day off from PQs and did flashcards all day. Yay for false confidence.

09042014
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Re: THEMIS BAR REVIEW Hangout.

Postby 09042014 » Wed Jul 24, 2013 7:50 pm

JAGGER wrote:Yeah, just took a look at the Fed Tax outline for Illinois. I hope the bar examiners don't pick 2013 as the first time since 1992 or whatever this sh*t shows up.


I assume nobody studies that shit and we'd all be in the same boat.

releasethehounds
Posts: 163
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Re: THEMIS BAR REVIEW Hangout.

Postby releasethehounds » Wed Jul 24, 2013 7:53 pm

...just took an evidence practice essay.

Number of characters (including spaces) that Arizona allows: 5000
Number of characters (including spaces) of the model answer: 12,994

.....uh.....

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Bikeflip
Posts: 1833
Joined: Fri Jul 11, 2008 3:01 pm

Re: THEMIS BAR REVIEW Hangout.

Postby Bikeflip » Wed Jul 24, 2013 7:57 pm

releasethehounds wrote:...just took an evidence practice essay.

Number of characters (including spaces) that Arizona allows: 5000
Number of characters (including spaces) of the model answer: 12,994

.....uh.....



I hate that bullshit. So so much. I bet 80% of the answer was either needlessly elaborate or unnecessary.

releasethehounds
Posts: 163
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Re: THEMIS BAR REVIEW Hangout.

Postby releasethehounds » Wed Jul 24, 2013 8:01 pm

Bikeflip wrote:
releasethehounds wrote:...just took an evidence practice essay.

Number of characters (including spaces) that Arizona allows: 5000
Number of characters (including spaces) of the model answer: 12,994

.....uh.....



I hate that bullshit. So so much. I bet 80% of the answer was either needlessly elaborate or unnecessary.


It definitely, definitely was.

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Agoraphobia
Posts: 193
Joined: Sat Jun 15, 2013 7:30 pm

Re: THEMIS BAR REVIEW Hangout.

Postby Agoraphobia » Wed Jul 24, 2013 8:02 pm

Secured Transactions practice essays. Hahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahah
ahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahaha
hahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahaha\
hahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahaha
hahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahah
ahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahaha
hahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahaha
hahahahahahahahahahahahahahahahahahahahahahahahahaha

Talar
Posts: 76
Joined: Tue Sep 04, 2012 3:56 pm

Re: THEMIS BAR REVIEW Hangout.

Postby Talar » Wed Jul 24, 2013 8:07 pm

That's how I feel about Sec Trans and also Commercial Paper. Wtf is this shit

locusdelicti
Posts: 225
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Re: THEMIS BAR REVIEW Hangout.

Postby locusdelicti » Wed Jul 24, 2013 9:47 pm

I'm depressed. I want this to be over.

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Charles Barkley
Posts: 445
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Re: THEMIS BAR REVIEW Hangout.

Postby Charles Barkley » Wed Jul 24, 2013 10:39 pm

The owner of an antique pocket watch took it to a jeweler for a cleaning. The jeweler, who also sold watches, convinced the owner that the expensive watch had little value and fraudulently purchased it from the owner for $50. The jeweler sold the watch to a collector for $5,000 after regaling the collector with the story of its acquisition.

Does the collector have good title to the watch?


Am I supposed to know what regaling means? :oops:

locusdelicti
Posts: 225
Joined: Tue May 28, 2013 2:25 pm

Re: THEMIS BAR REVIEW Hangout.

Postby locusdelicti » Wed Jul 24, 2013 10:41 pm

Charles Barkley wrote:
The owner of an antique pocket watch took it to a jeweler for a cleaning. The jeweler, who also sold watches, convinced the owner that the expensive watch had little value and fraudulently purchased it from the owner for $50. The jeweler sold the watch to a collector for $5,000 after regaling the collector with the story of its acquisition.

Does the collector have good title to the watch?


Am I supposed to know what regaling means? :oops:


It means to entertain someone with a story.

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Charles Barkley
Posts: 445
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Re: THEMIS BAR REVIEW Hangout.

Postby Charles Barkley » Wed Jul 24, 2013 10:47 pm

Yeah I used context clues to get it right. But, I didn't really know off the top of my head.

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Agoraphobia
Posts: 193
Joined: Sat Jun 15, 2013 7:30 pm

Re: THEMIS BAR REVIEW Hangout.

Postby Agoraphobia » Wed Jul 24, 2013 11:06 pm

If nothing else, my dog now knows Corporations like the back of her paw.

wh3931110
Posts: 98
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Re: THEMIS BAR REVIEW Hangout.

Postby wh3931110 » Wed Jul 24, 2013 11:21 pm

Desert Fox wrote:
JAGGER wrote:Yeah, just took a look at the Fed Tax outline for Illinois. I hope the bar examiners don't pick 2013 as the first time since 1992 or whatever this sh*t shows up.


I assume nobody studies that shit and we'd all be in the same boat.


That is exactly what I am banking on haha

09042014
Posts: 18282
Joined: Wed Oct 14, 2009 10:47 pm

Re: THEMIS BAR REVIEW Hangout.

Postby 09042014 » Wed Jul 24, 2013 11:23 pm

wh3931110 wrote:
Desert Fox wrote:
JAGGER wrote:Yeah, just took a look at the Fed Tax outline for Illinois. I hope the bar examiners don't pick 2013 as the first time since 1992 or whatever this sh*t shows up.


I assume nobody studies that shit and we'd all be in the same boat.


That is exactly what I am banking on haha


We just gotta bullshit better than the bottom 20%.

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Charles Barkley
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Re: THEMIS BAR REVIEW Hangout.

Postby Charles Barkley » Thu Jul 25, 2013 12:00 am

Just got slaughtered on MBE 10 with respect to crim pro (2/8).

I was combined 15/15 on crim pro on the 3 question sets prior to MBE 10.

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elysiansmiles
Posts: 78
Joined: Sun Nov 08, 2009 9:17 pm

Re: THEMIS BAR REVIEW Hangout.

Postby elysiansmiles » Thu Jul 25, 2013 7:10 am

I'm not THAT far behind, but today I have 3 100 question problem sets in my directed study. I should apparently take 150% of the MBE portion of the bar today, review all those questions, and then review a bunch of subjects on top of that. Good plan.

releasethehounds
Posts: 163
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Re: THEMIS BAR REVIEW Hangout.

Postby releasethehounds » Thu Jul 25, 2013 7:14 am

Someone high five me, I finally bit the goddamn bullet and took the AM session of the essay exam. You know. Reward me for shit I was supposed to do anyways.

locusdelicti
Posts: 225
Joined: Tue May 28, 2013 2:25 pm

Re: THEMIS BAR REVIEW Hangout.

Postby locusdelicti » Thu Jul 25, 2013 9:55 am

releasethehounds wrote:Someone high five me, I finally bit the goddamn bullet and took the AM session of the essay exam. You know. Reward me for shit I was supposed to do anyways.


Preexisting duty rule.

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Bikeflip
Posts: 1833
Joined: Fri Jul 11, 2008 3:01 pm

Re: THEMIS BAR REVIEW Hangout.

Postby Bikeflip » Thu Jul 25, 2013 10:04 am

locusdelicti wrote:
releasethehounds wrote:Someone high five me, I finally bit the goddamn bullet and took the AM session of the essay exam. You know. Reward me for shit I was supposed to do anyways.


Preexisting duty rule.



Don't be like that, breh.




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