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GARLICKNOTS
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Re: THEMIS BAR REVIEW Hangout.

Postby GARLICKNOTS » Fri Jul 26, 2013 11:41 am

Sorry I hate/d crim and have never watched law and order or the wire (despite Barkow's insistence in class) or for that matter anything in the "cop/lawyer" genre that doesn't involve superheroes -- so I have a quick Q:

The Themis Crim Pro outline states on p. 24 that if the speedy trial right is violated it is dismissed with prejudice.

Google says that with prejudice means that a new trial is not permitted.

On pg. 27 of the same outline, example 15 states that the judge dismissed the charges based on a denial of D's right to a speedy trial. But then it says that the P can appeal that decision.

Is the decision to appeal referring to the judge's decision to dismiss on denial of the speedy right or an appeal of the substantive offense?

The decision to dismiss on denial of the speedy right, correct?

locusdelicti
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Re: THEMIS BAR REVIEW Hangout.

Postby locusdelicti » Fri Jul 26, 2013 11:47 am

GARLICKNOTS wrote:Sorry I hate/d crim and have never watched law and order or the wire (despite Barkow's insistence in class) or for that matter anything in the "cop/lawyer" genre that doesn't involve superheroes -- so I have a quick Q:

The Themis Crim Pro outline states on p. 24 that if the speedy trial right is violated it is dismissed with prejudice.

Google says that with prejudice means that a new trial is not permitted.

On pg. 27 of the same outline, example 15 states that the judge dismissed the charges based on a denial of D's right to a speedy trial. But then it says that the P can appeal that decision.

Is the decision to appeal referring to the judge's decision to dismiss on denial of the speedy right or an appeal of the substantive offense?

The decision to dismiss on denial of the speedy right, correct?


Dismissing a case with prejudice means it cannot be refiled. It doesn't mean you can't appeal the dismissal.

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BarbellDreams
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Re: THEMIS BAR REVIEW Hangout.

Postby BarbellDreams » Fri Jul 26, 2013 11:52 am

JuTMSY4 wrote:
releasethehounds wrote:
BarbellDreams wrote:SPOLIER - The Strangest MBE I have yet to encouter:

On November 1, the following notice was posted in a privately-operated university: "The faculty, seeking to encourage creative writing, offers to any student at this school who wins the current National Poetry Competition the additional prize of $500. All competing papers must be submitted to the Dean's office before May 1." The National Competition is conducted by an outside agency, unconnected with any university. A student read this notice on November 2, and thereupon intensified his effort to make his poetry submission, which he started in October, a winner. The student also left on a counter in the Dean's office a signed note saying, "I accept the faculty's $500 Poetry Competition offer." This note was inadvertently placed in the student's file and never reached the Dean or any faculty member personally. On the following April 1, the above notice was removed and the following substituted therefore: "The faculty regrets that our offer regarding the National Poetry Competition must be withdrawn." The student's poetry submission was submitted through the Dean's office on April 15. On May 1, it was announced that the student had won the National Poetry Competition and the prize. The faculty refused to pay anything.

The promise of the faculty on November 1 was
A. enforceable on principles of promissory estoppel.
B. enforceable by the student's personal representative even if the student had been killed in an accident on April 16.
C. not enforceable on policy grounds because it produced a noncommercial agreement between a student and his teachers, analogous to intramural family agreement and informal social commitments.
D. not enforceable, because the student, after entering the National Competition in October, was already under a duty to perform to the best of his ability.


Umm...B was the correct answer according to Themis. Where did they even get this from? Why did the student's death somehow get involved in this? What personal representative? How is this NOT a binding unilateral contract (I get the note was never delivered to the dean, but the student reasonably gave notice that he started performance)?



Haaaa, I feel like I bitched here about this question being really really random when I saw it last week. So i'm right there with you. My double take must have been hilarious: "Oh how fucking silly, of course that isn't the answ---.....HOW IS THAT THE ANSWER?!"


I think I ran into that the other day and thought the same thing. There was an explanation on why A wasn't it - but I forget why.


Its not promissory estoppel because its a valid contract and thus estoppel isn't needed. Also, estoppel can be argued against because injustice must be preserved in order for estoppel to work and I'm not sure if giving a kid some money for doing well on an essay rises to the level of preserving injustice.

Talar
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Re: THEMIS BAR REVIEW Hangout.

Postby Talar » Fri Jul 26, 2013 1:11 pm

I don't think there's a point in buying the NBCEX MBE sets. I just bought and did the second set and there's a ton of overlap between it and Themis. I ended up destroying, and it's not because of any knowledge on my part so much as seeing the problems before.

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Charles Barkley
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Re: THEMIS BAR REVIEW Hangout.

Postby Charles Barkley » Fri Jul 26, 2013 1:40 pm

Does anyone remember the contracts problem from one of the practice sets, involving a law school offering a unilateral contract about writing an essay to join law review, and whether or not the student completing the essay after the law school revoked the offer constituted acceptance?

I've been trying to find it, but am not having any luck...

maximator
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Re: THEMIS BAR REVIEW Hangout.

Postby maximator » Fri Jul 26, 2013 2:00 pm

I've gotten used to the questions being nit-picky at this point, but I had to vent about this one.

37. (Question ID#658)
The Driver's Privacy Protection Act was enacted pursuant to the powers of Congress to enforce the Fourteenth Amendment and to regulate commerce among the states. The Act prohibits any state from disclosing personal information required to obtain a driver's license. The Act expressly authorizes individuals whose personal information is disclosed in violation of the Act to sue the state government that disclosed the personal information in federal district court for any damages resulting from that state action. On the basis of this federal statute, a driver sues State X in federal district court. State X moves to dismiss the suit on the ground that Congress lacks authority to authorize such suits against a state.

Which of the following is the strongest statement that the driver can offer in opposition to State X's motion to dismiss the suit?
A. When Congress exercises power vested in it by the Fourteenth Amendment and Commerce Clause, Congress may enact appropriate remedial legislation expressly subjecting the states to private suits for damages in federal court.
B. When Congress exercises power vested in it by any provision of the Constitution, Congress has unlimited authority to authorize private actions for damages against a state.
C. While the Eleventh Amendment restrains the federal judiciary, that amendment does not limit the power of Congress to modify the sovereign immunity of the states.
D. While the Eleventh Amendment applies to suits in federal court by citizens of one state against another state, it does not apply to such suits by citizens against their own states.

Answer choice A is correct. The Enabling Clause (Section Five) of the Fourteenth Amendment permits Congress to pass legislation to enforce the equal protection and due process rights guaranteed by the Amendment, but not to expand those rights or create new ones. Answer choices B, C, and D are incorrect because, while Congress may override state government action that infringes upon Fourteenth Amendment rights, it may not under this Amendment regulate wholly private conduct. Further, in the exercise of Fourteenth Amendment powers, Congress can override the Eleventh Amendment immunity of states.


I thought this question was BS because the part about the commerce clause in choice "A" is wrong, Congress can only abrogate immunity under the Fourteenth Amendment. I guess it can be justified as the best answer, but it is pretty frustrating to get thrown off by something like that when you know the law.

balzie94
Posts: 182
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Re: THEMIS BAR REVIEW Hangout.

Postby balzie94 » Fri Jul 26, 2013 2:23 pm

LOL, Themis. The model answer for an Evidence question is 8991 characters. We get to use 4600 on the day of the exam. Well done.

locusdelicti
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Re: THEMIS BAR REVIEW Hangout.

Postby locusdelicti » Fri Jul 26, 2013 2:49 pm

balzie94 wrote:LOL, Themis. The model answer for an Evidence question is 8991 characters. We get to use 4600 on the day of the exam. Well done.


The model answers are from your jurisdiction, not written by Themis.

balzie94
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Re: THEMIS BAR REVIEW Hangout.

Postby balzie94 » Fri Jul 26, 2013 2:57 pm

.
Last edited by balzie94 on Fri Jul 26, 2013 2:58 pm, edited 1 time in total.

balzie94
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Re: THEMIS BAR REVIEW Hangout.

Postby balzie94 » Fri Jul 26, 2013 2:58 pm

locusdelicti wrote:
balzie94 wrote:LOL, Themis. The model answer for an Evidence question is 8991 characters. We get to use 4600 on the day of the exam. Well done.


The model answers are from your jurisdiction, not written by Themis.


Where are you getting that?

thebull
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Re: THEMIS BAR REVIEW Hangout.

Postby thebull » Fri Jul 26, 2013 3:00 pm

locusdelicti wrote:
balzie94 wrote:LOL, Themis. The model answer for an Evidence question is 8991 characters. We get to use 4600 on the day of the exam. Well done.


The model answers are from your jurisdiction, not written by Themis.


I think "model" answers are written by Themis. "Sample" answers are actual responses. For NY essays, I get model answers. For NJ essays, I get sample answers.

locusdelicti
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Re: THEMIS BAR REVIEW Hangout.

Postby locusdelicti » Fri Jul 26, 2013 3:02 pm

thebull wrote:
locusdelicti wrote:
balzie94 wrote:LOL, Themis. The model answer for an Evidence question is 8991 characters. We get to use 4600 on the day of the exam. Well done.


The model answers are from your jurisdiction, not written by Themis.


I think "model" answers are written by Themis. "Sample" answers are actual responses. For NY essays, I get model answers. For NJ essays, I get sample answers.


For PA, I get model answers written by the PA board of law examiners that are very long and precise and cite case law.

lionelhutz123
Posts: 41
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Re: THEMIS BAR REVIEW Hangout.

Postby lionelhutz123 » Fri Jul 26, 2013 3:18 pm

What the hell is up with 30 minute review? I just got to these and figured they'd be curated or abbreviated outlines meant to emphasize important or likely topics. Instead I'm just...supposed to read fast? huh?

thebull
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Re: THEMIS BAR REVIEW Hangout.

Postby thebull » Fri Jul 26, 2013 3:19 pm

locusdelicti wrote:
thebull wrote:
locusdelicti wrote:
balzie94 wrote:LOL, Themis. The model answer for an Evidence question is 8991 characters. We get to use 4600 on the day of the exam. Well done.


The model answers are from your jurisdiction, not written by Themis.


I think "model" answers are written by Themis. "Sample" answers are actual responses. For NY essays, I get model answers. For NJ essays, I get sample answers.


For PA, I get model answers written by the PA board of law examiners that are very long and precise and cite case law.


I went back and checked the copyright/trademarks at the bottom and NY's model answers are written by Themis it seems, and NJ's are actual student-written answers.

locusdelicti
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Re: THEMIS BAR REVIEW Hangout.

Postby locusdelicti » Fri Jul 26, 2013 3:29 pm

thebull wrote:
locusdelicti wrote:
thebull wrote:
I think "model" answers are written by Themis. "Sample" answers are actual responses. For NY essays, I get model answers. For NJ essays, I get sample answers.


For PA, I get model answers written by the PA board of law examiners that are very long and precise and cite case law.


I went back and checked the copyright/trademarks at the bottom and NY's model answers are written by Themis it seems, and NJ's are actual student-written answers.


NJ's student sample answers make me feel better about the prospect of not doing so well, considering what they consider to be "the best".

Talar
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Re: THEMIS BAR REVIEW Hangout.

Postby Talar » Fri Jul 26, 2013 3:31 pm

lionelhutz123 wrote:What the hell is up with 30 minute review? I just got to these and figured they'd be curated or abbreviated outlines meant to emphasize important or likely topics. Instead I'm just...supposed to read fast? huh?


Agreed, not sure what to do there.

09042014
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Re: THEMIS BAR REVIEW Hangout.

Postby 09042014 » Fri Jul 26, 2013 3:34 pm

I wish we had short outlines, like the MBE ones, for all subjects.

thebull
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Re: THEMIS BAR REVIEW Hangout.

Postby thebull » Fri Jul 26, 2013 3:35 pm

Talar wrote:
lionelhutz123 wrote:What the hell is up with 30 minute review? I just got to these and figured they'd be curated or abbreviated outlines meant to emphasize important or likely topics. Instead I'm just...supposed to read fast? huh?


Agreed, not sure what to do there.


I think it's just meant to study that subject for 30 minutes. They probably figure by now you have shorter outlines you've made yourself for each subject.

lionelhutz123
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Re: THEMIS BAR REVIEW Hangout.

Postby lionelhutz123 » Fri Jul 26, 2013 3:42 pm

Desert Fox wrote:I wish we had short outlines, like the MBE ones, for all subjects.


amen. those are quite useful for quick review. could really really really use them for secured transactions/comm. paper/corp/partnership/etc., etc.

Talar
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Re: THEMIS BAR REVIEW Hangout.

Postby Talar » Fri Jul 26, 2013 3:44 pm

thebull wrote:
Talar wrote:
lionelhutz123 wrote:What the hell is up with 30 minute review? I just got to these and figured they'd be curated or abbreviated outlines meant to emphasize important or likely topics. Instead I'm just...supposed to read fast? huh?


Agreed, not sure what to do there.


I think it's just meant to study that subject for 30 minutes. They probably figure by now you have shorter outlines you've made yourself for each subject.


Lol fuck that, I have definitely not made any outlines on my own.

TheBeard
Posts: 109
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Re: THEMIS BAR REVIEW Hangout.

Postby TheBeard » Fri Jul 26, 2013 3:52 pm

54% on Ks in my last set. Again, just when I thought I was understanding contracts, this happens.

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Bikeflip
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Re: THEMIS BAR REVIEW Hangout.

Postby Bikeflip » Fri Jul 26, 2013 3:54 pm

Talar wrote:
thebull wrote:
Talar wrote:
lionelhutz123 wrote:What the hell is up with 30 minute review? I just got to these and figured they'd be curated or abbreviated outlines meant to emphasize important or likely topics. Instead I'm just...supposed to read fast? huh?


Agreed, not sure what to do there.


I think it's just meant to study that subject for 30 minutes. They probably figure by now you have shorter outlines you've made yourself for each subject.


Lol fuck that, I have definitely not made any outlines on my own.



Want some, breh?

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Dr. Review
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Re: THEMIS BAR REVIEW Hangout.

Postby Dr. Review » Fri Jul 26, 2013 3:55 pm

Talar wrote:Lol fuck that, I have definitely not made any outlines on my own.


If you're in PA, I have, and I shared a few pages ago.

Talar
Posts: 76
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Re: THEMIS BAR REVIEW Hangout.

Postby Talar » Fri Jul 26, 2013 4:07 pm

I appreciate the offer guys, but I'm in MD and Themis already provided the condensed outlines for MBE. Thanks again.

antonious13
Posts: 77
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Re: THEMIS BAR REVIEW Hangout.

Postby antonious13 » Fri Jul 26, 2013 4:26 pm

Sorry this is late in the game. Essay help for CA bros: http://db.tt/xlDY6reR

The link is for The Bar Code cheat sheets. At least, I hope the link works.




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