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releasethehounds
Posts: 163
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Re: THEMIS BAR REVIEW Hangout.

Postby releasethehounds » Sun Jul 28, 2013 11:46 am

Bikeflip wrote:
releasethehounds wrote:
Holly Golightly wrote:Just got a crim question about some dude sneaking into his friend's house to steal a stuffed animal. The question asked what was the most serious crime the guy could be charged with.

I say larceny. Themis says burglary. But in what world is stealing a stuffed animal a felony???



stealing a stuffed animal?




I value my stuffed animals. If you take Mr Teddles I will savagely beat you.


Oh no, i was just saying that because phrasing it as 'stealing' a stuffed animal kind of underlines the felony in itself. Theft crimes = felonies, yo.

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Dr. Review
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Re: THEMIS BAR REVIEW Hangout.

Postby Dr. Review » Sun Jul 28, 2013 12:16 pm

Is anyone else not freaking out at all? I keep thinking I should be stressed out, but I am just not.

dsclaw
Posts: 88
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Re: THEMIS BAR REVIEW Hangout.

Postby dsclaw » Sun Jul 28, 2013 12:29 pm

Bedsole wrote:Is anyone else not freaking out at all? I keep thinking I should be stressed out, but I am just not.


Not really wish I knew more about Secured Transactions and Commercial Paper however it is what it is....

GertrudePerkins
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Re: THEMIS BAR REVIEW Hangout.

Postby GertrudePerkins » Sun Jul 28, 2013 12:34 pm

Bedsole wrote:Is anyone else not freaking out at all? I keep thinking I should be stressed out, but I am just not.
In the same boat, and even finding it harder to study now than a week ago, which seems pretty backwards. When I get really close to tests I wind up saying to myself, "Well, if you don't know it yet, it's probably too late anyway!" Which is really just an excuse to be lazy and not study more.

releasethehounds
Posts: 163
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Re: THEMIS BAR REVIEW Hangout.

Postby releasethehounds » Sun Jul 28, 2013 12:41 pm

Bedsole wrote:Is anyone else not freaking out at all? I keep thinking I should be stressed out, but I am just not.


After over two months solid, I'm too friggin' over it to freak out. That said, I'm sure I'll have a jolt later that just panics me for a bit going 'OH MY GOD. IT'S IN HOURS.'

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kalvano
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Re: THEMIS BAR REVIEW Hangout.

Postby kalvano » Sun Jul 28, 2013 12:51 pm

Bedsole wrote:Is anyone else not freaking out at all? I keep thinking I should be stressed out, but I am just not.


Yeah. I'm not freaking out. Watched Top Gear and a movie last night, feel better today. At this point, I think I know enough to get points from every essay question. Maybe not enough points, but we shall see.

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kalvano
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Re: THEMIS BAR REVIEW Hangout.

Postby kalvano » Sun Jul 28, 2013 12:58 pm

Can we leave early on MBE day, if we finish early?

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Agoraphobia
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Re: THEMIS BAR REVIEW Hangout.

Postby Agoraphobia » Sun Jul 28, 2013 12:59 pm

releasethehounds wrote:
dsclaw wrote:
Talar wrote:I sort of think your pool modification example would be a valid modification. (I could be wrong).


I am pretty sure you a right, a modification to do something you already were required to do can occur if there was a unforeseeable circumstance with regards to the expected performance. So if encountering said sheet rock was unforeseeable at the time of the contracting then the modification to the contract would be binding.


I addressed that by saying it was foreseeable. I completely agree that an unforeseen circumstance can excuse obligation to perform so the agreement to keep performing would constitute consideration. But for the example I used, I was talking about the importance of evaluating foreseeability and risk, and arguing it was a foreseeable circumstance that wouldn't excuse performance.


Right. The ledge rock was foreseeable, because it's not unexpected you would encounter that. Let's say it was something unforeseeable, like 27 antique Morris Minors that an eccentric old man buried in the back yard rather than sell. That would be unforeseeable and performance would be excused.

dsclaw
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Re: THEMIS BAR REVIEW Hangout.

Postby dsclaw » Sun Jul 28, 2013 1:07 pm

kalvano wrote:Can we leave early on MBE day, if we finish early?


I suspect you can

mrpickles
Posts: 53
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Re: THEMIS BAR REVIEW Hangout.

Postby mrpickles » Sun Jul 28, 2013 1:24 pm

California people -
Anyone know if we can bring mechanical pencils in to the MBE? The CA Bar doc doesn't reference specifically, so I didn't know if this means no mechanical. They banned separate erasers, and considering regular #2 wood pencils erase terribly, I was hoping to bring something with a better erase to the MBE.

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Bikeflip
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Re: THEMIS BAR REVIEW Hangout.

Postby Bikeflip » Sun Jul 28, 2013 1:32 pm

Edit: Sorry. Was humblebragging. Come on, people. Final push; we got this!

Also brehs, montage. Bar training montage (montage): http://www.southparkstudios.com/clips/1 ... ng-montage
Last edited by Bikeflip on Sun Jul 28, 2013 1:49 pm, edited 2 times in total.

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Bikeflip
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Re: THEMIS BAR REVIEW Hangout.

Postby Bikeflip » Sun Jul 28, 2013 1:40 pm

dsclaw wrote:
kalvano wrote:Can we leave early on MBE day, if we finish early?


I suspect you can



Depends on the jurisdiction. In Colorado, you can't. Which blows.

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kalvano
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Re: THEMIS BAR REVIEW Hangout.

Postby kalvano » Sun Jul 28, 2013 1:49 pm

I suppose I should ask on Tuesday. If I can't leave, I wonder if I can bring in a book or something.

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Bikeflip
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Re: THEMIS BAR REVIEW Hangout.

Postby Bikeflip » Sun Jul 28, 2013 1:54 pm

kalvano wrote:I suppose I should ask on Tuesday. If I can't leave, I wonder if I can bring in a book or something.



Here dude: --LinkRemoved--

EDIT: Looks like you can leave. If you do leave, you ain't comin' back.

8. SECURE AREA: Each exam site will have a designated secure area you are not permitted to leave during any testing session unless you have completed that session’s exam. If you leave this secure area, you will NOT be permitted to re-enter the exam room.

. . .

10. LEAVING YOUR ASSIGNED SEAT: The allotted time for the exam will NOT be extended. No one will be permitted to leave his or her assigned seat during the first 15 minutes or during the last 15 minutes of any exam session, except as permitted by the site administrator in response to an emergency.

If you need to leave your seat during an allowable period for any reason, follow this procedure: take your test materials (all question books, answer books, and/or grids), your admission ticket, and your photo ID to the designated proctor table. Leave your test materials FACE DOWN, with your photo ID on top, on the proctor table. Take your admission ticket with you. When you return, show your ticket to the proctor, who will confirm your identification and return to you your test materials and photo ID.

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kalvano
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Re: THEMIS BAR REVIEW Hangout.

Postby kalvano » Sun Jul 28, 2013 1:59 pm

I saw that, but I've also heard you can't leave early on MBE day, only on Tuesday and Thursday.

rapstar
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Re: THEMIS BAR REVIEW Hangout.

Postby rapstar » Sun Jul 28, 2013 2:01 pm

If a buyer orders 10 x-brand widgets that cost $50 each, but the seller sends 10 y-brand widgets that cost $60 each with a note of accommodation, and the buyer chooses to accept the accommodation, does the buyer have to pay $50 or $60 for each widget?

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Bikeflip
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Re: THEMIS BAR REVIEW Hangout.

Postby Bikeflip » Sun Jul 28, 2013 2:06 pm

kalvano wrote:I saw that, but I've also heard you can't leave early on MBE day, only on Tuesday and Thursday.



Maybe. This next rule makes me think you can leave early on the MBE day:

18. DELAYS FOR EXAM SECURITY: We must account for all MPT and MBE test booklets and materials before examinees are dismissed. Therefore, if you are present when time is called at the end of each of these testing sessions (Tuesday and Wednesday mornings and Wednesday afternoon), you will be required to remain quietly in your seat until we collect and account for every test booklet and answer grid distributed. Please take this delay into account as you make plans for meeting any responsibilities you may have at the end of these test sessions. As always, we appreciate your cooperation.

Talar
Posts: 76
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Re: THEMIS BAR REVIEW Hangout.

Postby Talar » Sun Jul 28, 2013 2:11 pm

rapstar wrote:If a buyer orders 10 x-brand widgets that cost $50 each, but the seller sends 10 y-brand widgets that cost $60 each with a note of accommodation, and the buyer chooses to accept the accommodation, does the buyer have to pay $50 or $60 for each widget?


$60. Accommodation is treated as a counter-offer

dsclaw
Posts: 88
Joined: Tue Jun 18, 2013 7:36 pm

Re: THEMIS BAR REVIEW Hangout.

Postby dsclaw » Sun Jul 28, 2013 2:13 pm

rapstar wrote:If a buyer orders 10 x-brand widgets that cost $50 each, but the seller sends 10 y-brand widgets that cost $60 each with a note of accommodation, and the buyer chooses to accept the accommodation, does the buyer have to pay $50 or $60 for each widget?


Yes a accommodation is a counter offer

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Bronx Bum
Posts: 474
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Re: THEMIS BAR REVIEW Hangout.

Postby Bronx Bum » Sun Jul 28, 2013 3:10 pm

Gettin' that winding down feeling where for the first time, it's actuall review. Good luck bros.

mrpickles
Posts: 53
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Re: THEMIS BAR REVIEW Hangout.

Postby mrpickles » Sun Jul 28, 2013 3:23 pm

Bronx Bum wrote:Gettin' that winding down feeling where for the first time, it's actuall review. Good luck bros.


Same here, getting to feeling where essays I am just retyping complete essay answers I've typed before (or outline, or spotting).
Although, CA Civ Pro and the CA distinctions for PR and Evidence aren't all there yet, but I don't think it'll take too long so firm up.

On a side note, I have been going through my notes from the Simulated MBE review videos - I went through and wrote down every rule of law for each question that Pushaw said. And going through these, it makes MBE seem so much easier compared to the Mixed MBE's. Because I have a word doc with all the rules I didn't know from MBE and they are like "generally, this...however, when this happens, this...but there is an exception to that exception!"

Here's to hoping everything is more like the Simulated, and the Mixed just means we will ace more of the convoluted minutia that others won't.

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CaliBum
Posts: 26
Joined: Thu Jun 06, 2013 6:16 pm

Re: THEMIS BAR REVIEW Hangout.

Postby CaliBum » Sun Jul 28, 2013 3:30 pm

This is exciting. I get to finally get back to my real life after this week!

I believe, for both MBE sessions, you can leave if you finish early except during the last 10 or 15min. At least, that's what I'm told for CA.

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tekisui
Posts: 21
Joined: Sun May 17, 2009 6:04 pm

Re: THEMIS BAR REVIEW Hangout.

Postby tekisui » Sun Jul 28, 2013 3:46 pm

CaliBum wrote:This is exciting. I get to finally get back to my real life after this week!

I believe, for both MBE sessions, you can leave if you finish early except during the last 10 or 15min. At least, that's what I'm told for CA.


Yes. In MA, you can leave up until 15 mins left mark is called.

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tekisui
Posts: 21
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Re: THEMIS BAR REVIEW Hangout.

Postby tekisui » Sun Jul 28, 2013 3:50 pm

Question ID:996

Question
The owner in fee simple of a small farm consisting of thirty acres of land improved with a house and several outbuildings leased the same to a tenant for a ten-year period. After two years had expired, the government condemned twenty acres of the property and allocated the compensation award to the owner and the tenant according to their respective interest so taken. It so happened, however, that the twenty acres taken embraced all of the farm's tillable land, leaving only the house, outbuildings, and a small woodlot. There is no applicable statute in the jurisdiction where the property is located, nor any provision in the lease relating to condemnation. The tenant quit possession, and the owner brought suit against him to recover rent. The owner will

Answers
A lose, because there has been a frustration of purpose which excuses the tenant from further performance of his contract to pay rent.

B lose, because there has been a breach of the implied covenant of quiet enjoyment by the owner's inability to provide the tenant with possession of the whole of the property for the entire term.

C win, because of the implied warranty on the part of the tenant to return the demised premises in the same condition at the end of the term as they were at the beginning.

D win, because the relationship of landlord and tenant was unaffected by the condemnation, thus leaving the tenant still obligated to pay rent.

Rationale:
Answer choice D is correct. Because a tenant must pay a reasonable rental value of the premises occupied if there has been a partial eviction by a third party with a superior claim to the property, the tenant must pay rent for the remaining property. Answer choice A is incorrect. Frustration of purpose occurs when the entire purpose of the contract has been destroyed. Because it is unclear if the tenant was farming on the land or contracted the land for some other purpose, answer choice A cannot be chosen. Answer choice B is incorrect because the owner is not responsible for the partial eviction. Answer choice C is incorrect because the majority view today is that the tenant is excused from paying rent if the premises are destroyed, as long as the tenant is not at fault for the destruction.


Hey all, been lurking the past week or so. Gleaned a lot of helpful info. On the topic of being technical as shit, the above question annoyed me. I understand the rule, but think answer A is the better answer. Who would enter a ten-year lease of thirty acres, including a farm, that was not using the farm and land?

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

Re: THEMIS BAR REVIEW Hangout.

Postby Agoraphobia » Sun Jul 28, 2013 3:53 pm

So am I correct in that Themis never gave a Suretyship practice essay?




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