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Re: THEMIS BAR REVIEW Hangout.

Posted: Wed Jul 24, 2013 7:18 pm
by Talar
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.

Re: THEMIS BAR REVIEW Hangout.

Posted: Wed Jul 24, 2013 7:18 pm
by Talar
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.

Re: THEMIS BAR REVIEW Hangout.

Posted: Wed Jul 24, 2013 7:24 pm
by Kretzy
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.

Re: THEMIS BAR REVIEW Hangout.

Posted: Wed Jul 24, 2013 7:40 pm
by elysiansmiles
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.

Re: THEMIS BAR REVIEW Hangout.

Posted: Wed Jul 24, 2013 7:42 pm
by BarbellDreams
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.

Re: THEMIS BAR REVIEW Hangout.

Posted: Wed Jul 24, 2013 7:43 pm
by JAGGER
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.

Re: THEMIS BAR REVIEW Hangout.

Posted: Wed Jul 24, 2013 7:49 pm
by Bikeflip
Took the day off from PQs and did flashcards all day. Yay for false confidence.

Re: THEMIS BAR REVIEW Hangout.

Posted: Wed Jul 24, 2013 7:50 pm
by 09042014
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.

Re: THEMIS BAR REVIEW Hangout.

Posted: Wed Jul 24, 2013 7:53 pm
by releasethehounds
...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.....

Re: THEMIS BAR REVIEW Hangout.

Posted: Wed Jul 24, 2013 7:57 pm
by Bikeflip
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.

Re: THEMIS BAR REVIEW Hangout.

Posted: Wed Jul 24, 2013 8:01 pm
by releasethehounds
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.

Re: THEMIS BAR REVIEW Hangout.

Posted: Wed Jul 24, 2013 8:02 pm
by Agoraphobia
Secured Transactions practice essays. Hahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahah
ahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahaha
hahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahaha\
hahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahaha
hahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahah
ahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahaha
hahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahaha
hahahahahahahahahahahahahahahahahahahahahahahahahaha

Re: THEMIS BAR REVIEW Hangout.

Posted: Wed Jul 24, 2013 8:07 pm
by Talar
That's how I feel about Sec Trans and also Commercial Paper. Wtf is this shit

Re: THEMIS BAR REVIEW Hangout.

Posted: Wed Jul 24, 2013 9:47 pm
by locusdelicti
I'm depressed. I want this to be over.

Re: THEMIS BAR REVIEW Hangout.

Posted: Wed Jul 24, 2013 10:39 pm
by Charles Barkley
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:

Re: THEMIS BAR REVIEW Hangout.

Posted: Wed Jul 24, 2013 10:41 pm
by locusdelicti
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.

Re: THEMIS BAR REVIEW Hangout.

Posted: Wed Jul 24, 2013 10:47 pm
by Charles Barkley
Yeah I used context clues to get it right. But, I didn't really know off the top of my head.

Re: THEMIS BAR REVIEW Hangout.

Posted: Wed Jul 24, 2013 11:06 pm
by Agoraphobia
If nothing else, my dog now knows Corporations like the back of her paw.

Re: THEMIS BAR REVIEW Hangout.

Posted: Wed Jul 24, 2013 11:21 pm
by wh3931110
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

Re: THEMIS BAR REVIEW Hangout.

Posted: Wed Jul 24, 2013 11:23 pm
by 09042014
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%.

Re: THEMIS BAR REVIEW Hangout.

Posted: Thu Jul 25, 2013 12:00 am
by Charles Barkley
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.

Re: THEMIS BAR REVIEW Hangout.

Posted: Thu Jul 25, 2013 7:10 am
by elysiansmiles
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.

Re: THEMIS BAR REVIEW Hangout.

Posted: Thu Jul 25, 2013 7:14 am
by releasethehounds
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.

Re: THEMIS BAR REVIEW Hangout.

Posted: Thu Jul 25, 2013 9:55 am
by locusdelicti
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.

Re: THEMIS BAR REVIEW Hangout.

Posted: Thu Jul 25, 2013 10:04 am
by Bikeflip
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.