. Forum

[elysiansmiles]

Also, anytime a party opponent made a statement to someone and one of the answers wasn't "admissible because statement of party opponent," I wanted to ragestab some MBE test-maker.

Party admission doctrine is technically non-hearsay, rather than an exception, so on those questions I went with whatever answer was closest to "admissible because it is not hearsay" and moved on. Crazy bar examiners - with lots of questions I was like "This is the right answer - why isn't it there?" They just hate us.

[Agoraphobia]

I feel the same. The essays were fine, but the MBE was nothing like the last one they released. I felt like it was significantly more difficult than what I prepared for. I liked those experimental Civ Pro questions hhahaha....Guess they are trying them out for 2015 lol.

LOL! I thought I was taking crazy pills when I saw those Civ Pro MBE questions! I completely forgot that there were 10 experimental questions thrown in this. It seriously made me panic. I'm so relieved to hear that someone else feels like I do. I felt good yesterday and now just feel like crap...the MBE was definitely harder for me too.

I feel the same, my friend... My buddy and I actually cried on the L going back to the hotel!

[as stars burn]

Also, anytime a party opponent made a statement to someone and one of the answers wasn't "admissible because statement of party opponent," I wanted to ragestab some MBE test-maker.

Party admission doctrine is technically non-hearsay, rather than an exception, so on those questions I went with whatever answer was closest to "admissible because it is not hearsay" and moved on. Crazy bar examiners - with lots of questions I was like "This is the right answer - why isn't it there?" They just hate us.

This. I completely forgot party admission was technically non-hearsay though. Crap. I can't remember what I put, but I knew it wasn't hearsay because it was a party admission...I'm praying I put something related to non-hearsay.

[CrawlIntoAHole]

@tekisui I went with the dumbest, simplest response, I took it back 1L style and picked the ...duty answer haha. i was too dumbfounded that people could sue for that so...I picked A and moved on

Agree with duty

Agree, I think they were testing Cardozo in Palsgraf, no duty owed to the mother because she was not a foreseeable plaintiff.

I was kind of pissed about the diary criminal procedure question, on practice questions I would select the 5th amendment answer, Themis would always tell me that the right to not self-incriminate didn't apply to diaries unless he was being asked to turn over any diaries he might have kept (as opposed to a specific diary), because the requirement to admit to having a diary that the prosecution didn't know that he kept would be self-incrimination....

How about the question with the sister who promised to pay her brother for the car he gave her years ago? Were we supposed to go with the pre-existing duty approach, or with the modern approach (pay the value of what was given, not what was promised)?

And what about the modification question regarding the unforeseen rise in price for whatever material the contractor needed for the contract?

[rock steady]

@tekisui I went with the dumbest, simplest response, I took it back 1L style and picked the ...duty answer haha. i was too dumbfounded that people could sue for that so...I picked A and moved on

Agree with duty

Agree, I think they were testing Cardozo in Palsgraf, no duty owed to the mother because she was not a foreseeable plaintiff.

I was kind of pissed about the diary criminal procedure question, on practice questions I would select the 5th amendment answer, Themis would always tell me that the right to not self-incriminate didn't apply to diaries unless he was being asked to turn over any diaries he might have kept (as opposed to a specific diary), because the requirement to admit to having a diary that the prosecution didn't know that he kept would be self-incrimination....

How about the question with the sister who promised to pay her brother for the car he gave her years ago? Were we supposed to go with the pre-existing duty approach, or with the modern approach (pay the value of what was given, not what was promised)?

And what about the modification question regarding the unforeseen rise in price for whatever material the contractor needed for the contract?

Not that this is any guarantee that it's right, but I applied the modern approach to enforcing promises for past benefits conferred. I remember that coming up in some of the practice problems. Who knows though.

I think the contractor question was in regard to the extra cost for the marble? I applied the pre-existing duty rule so no consideration for the modification since he was obligated to overlay it with marble from the get go. I remember in one of the explanations in one of the practice problems about some guy hiring a trainer to bring in a lion for some show but she she said she couldn't anymore but she could bring a tiger in instead. Themis said there was consideration there since she was changing her duty, even slightly by bringing in a tiger instead of a lion. Here, the guy was supposed to overlay it with marble so the extra cost wouldn't change his obligation to still install the marble. Again, who knows.

[CrawlIntoAHole]

@tekisui I went with the dumbest, simplest response, I took it back 1L style and picked the ...duty answer haha. i was too dumbfounded that people could sue for that so...I picked A and moved on

Agree with duty

Agree, I think they were testing Cardozo in Palsgraf, no duty owed to the mother because she was not a foreseeable plaintiff.

I was kind of pissed about the diary criminal procedure question, on practice questions I would select the 5th amendment answer, Themis would always tell me that the right to not self-incriminate didn't apply to diaries unless he was being asked to turn over any diaries he might have kept (as opposed to a specific diary), because the requirement to admit to having a diary that the prosecution didn't know that he kept would be self-incrimination....

How about the question with the sister who promised to pay her brother for the car he gave her years ago? Were we supposed to go with the pre-existing duty approach, or with the modern approach (pay the value of what was given, not what was promised)?

And what about the modification question regarding the unforeseen rise in price for whatever material the contractor needed for the contract?

Not that this is any guarantee that it's right, but I applied the modern approach to enforcing promises for past benefits conferred. I remember that coming up in some of the practice problems. Who knows though.

I think the contractor question was in regard to the extra cost for the marble? I applied the pre-existing duty rule so no consideration for the modification since he was obligated to overlay it with marble from the get go. I remember in one of the explanations in one of the practice problems about some guy hiring a trainer to bring in a lion for some show but she she said she couldn't anymore but she could bring a tiger in instead. Themis said there was consideration there since she was changing her duty, even slightly by bringing in a tiger instead of a lion. Here, the guy was supposed to overlay it with marble so the extra cost wouldn't change his obligation to still install the marble. Again, who knows.

I also applied the modern approach. I hope that was what they wanted.

Regarding the marble, I chose the same answer as you. I was a bit worried because there is also an exception when there is an unforeseen change in circumstances where the contractor would have had the right to terminate the contract claiming impracticability, unless he had assumed the risk from the get-go. There was indeed an answer choice indicating that the contractor had assumed that risk. I hope that isn't what the bar examiners were looking for.

I also found myself mis-marking the answer sheet a few times. I really hope that I didn't botch this one. Too dad that I need to wait until November to find out...

[rock steady]

The contractor could still do the marble overlay, it would just be pricier. I remember on the simulated exam there was a question about impracticability where not even a UN embargo was considered to be impracticable to discharge a duty so I'm thinking the contractor would still have a pre-existing duty w/ no consideration for the mod.

[rock steady]

CONGRATS TO EVERYONE WHO IS FINISHED!!!!

I haven't been on here in awhile, but I just want to say that I feel like 50,000 times better about the essays than I do the MBE. The only essay that threw me was our freaking water rights one. WATER RIGHTS!? Seriously Illinois!? I was a mess on that one. But, am I the only one that feels better about the essays than the MBE? I seriously thought the MBE was a bit harder than I expected or felt prepared for, and I felt like there were so many I just wasn't sure of, and of course lots of others where I narrowed it down to two and just went with it. I'm going to be praying hard these next 2 months that I passed.

I'm also one of the unfortunates that got that water rights problem in IL. I must have spent a good 5-8 minutes staring at the fact pattern trying to figure out what rule we had for surface water rights before skipping it and then moving onto the next essay. I came back to it with with maybe 15-20 minutes left and wrote a complete mess. Wasn't covered during the Themis property lecture or condensed outline, and it was covered only in a paragraph toward the back of the outline book.

I though the MBE was tough and they did spring a lot of traps, but I thought it was otherwise manageable (praying). I can't just seem to let go of that water problem. Oh well, I just have to tell myself that it probably screwed a lot of people up and will probably have the lowest average of all the essays.

[Bustang]

Glad to be done, but I think my future depends on the AM session of the MBE. I'm hoping my essays yesterday equalized out the brutal ass raping that occurred in the PM session.

[Holly Golightly]

CONGRATS TO EVERYONE WHO IS FINISHED!!!!

I haven't been on here in awhile, but I just want to say that I feel like 50,000 times better about the essays than I do the MBE. The only essay that threw me was our freaking water rights one. WATER RIGHTS!? Seriously Illinois!? I was a mess on that one. But, am I the only one that feels better about the essays than the MBE? I seriously thought the MBE was a bit harder than I expected or felt prepared for, and I felt like there were so many I just wasn't sure of, and of course lots of others where I narrowed it down to two and just went with it. I'm going to be praying hard these next 2 months that I passed.

I'm also one of the unfortunates that got that water rights problem in IL. I must have spent a good 5-8 minutes staring at the fact pattern trying to figure out what rule we had for surface water rights before skipping it and then moving onto the next essay. I came back to it with with maybe 15-20 minutes left and wrote a complete mess. Wasn't covered during the Themis property lecture or condensed outline, and it was covered only in a paragraph toward the back of the outline book.

I though the MBE was tough and they did spring a lot of traps, but I thought it was otherwise manageable (praying). I can't just seem to let go of that water problem. Oh well, I just have to tell myself that it probably screwed a lot of people up and will probably have the lowest average of all the essays.

lol, everyone is freaking out about the water problem, which means almost no one should actually be freaking out about the water problem. Remember, curves can be a good thing.

[BarbellDreams]

I need the curve to bail be out of the hell that the MBE was, especially the AM session. The essays were pretty easy, and PA gives 55% to the essays so here is to praying that the MBE didn't screw me over. I literally had 25 questions on the entire MBE that I would bet my bank account on being the right answer.

[locusdelicti]

I need the curve to bail be out of the hell that the MBE was, especially the AM session. The essays were pretty easy, and PA gives 55% to the essays so here is to praying that the MBE didn't screw me over. I literally had 25 questions on the entire MBE that I would bet my bank account on being the right answer.

I thought the afternoon part of the MBE was the worst.

PA wasn't as bad as I expected. NJ was a clusterfuck. Not the questions; the actual test. WHY ARE THE CHAIRS SO LOUD?

[09042014]

I need the curve to bail be out of the hell that the MBE was, especially the AM session. The essays were pretty easy, and PA gives 55% to the essays so here is to praying that the MBE didn't screw me over. I literally had 25 questions on the entire MBE that I would bet my bank account on being the right answer.

I thought the afternoon part of the MBE was the worst.

PA wasn't as bad as I expected. NJ was a clusterfuck. Not the questions; the actual test. WHY ARE THE CHAIRS SO LOUD?

Not everyone gets the same AM and PM tests. Some got the hard part in the AM some in the PM.

[locusdelicti]

I need the curve to bail be out of the hell that the MBE was, especially the AM session. The essays were pretty easy, and PA gives 55% to the essays so here is to praying that the MBE didn't screw me over. I literally had 25 questions on the entire MBE that I would bet my bank account on being the right answer.

I thought the afternoon part of the MBE was the worst.

PA wasn't as bad as I expected. NJ was a clusterfuck. Not the questions; the actual test. WHY ARE THE CHAIRS SO LOUD?

Not everyone gets the same AM and PM tests. Some got the hard part in the AM some in the PM.

Doesn't change my opinion that the AM was the hardest.

[09042014]

I need the curve to bail be out of the hell that the MBE was, especially the AM session. The essays were pretty easy, and PA gives 55% to the essays so here is to praying that the MBE didn't screw me over. I literally had 25 questions on the entire MBE that I would bet my bank account on being the right answer.

I thought the afternoon part of the MBE was the worst.

PA wasn't as bad as I expected. NJ was a clusterfuck. Not the questions; the actual test. WHY ARE THE CHAIRS SO LOUD?

Not everyone gets the same AM and PM tests. Some got the hard part in the AM some in the PM.

Doesn't change my opinion that the AM was the hardest.

low iq shtick

[corporatelaw87]

What water problem? I don't remember seeing an MBE question regarding water?

[09042014]

What water problem? I don't remember seeing an MBE question regarding water?

IL IEE had a surface water runoff question.

[TheBeard]

I need the curve to bail be out of the hell that the MBE was, especially the AM session. The essays were pretty easy, and PA gives 55% to the essays so here is to praying that the MBE didn't screw me over. I literally had 25 questions on the entire MBE that I would bet my bank account on being the right answer.

I thought the afternoon part of the MBE was the worst.

PA wasn't as bad as I expected. NJ was a clusterfuck. Not the questions; the actual test. WHY ARE THE CHAIRS SO LOUD?

I agree with locus, PA was not that bad. I was cruising on the NJ essays until I got to the property and Ks questions-- I started feeling exhausted and could not recall anything. Here's to hoping that I did well enough on the first 5 so that they outweigh the last 2. And yes, the chairs issue in AC was pretty ridiculous. Also, how technologically advanced do you have to be to get clocks? Seriously tho, the lady proctoring NJ said, "We're not as technologically advanced as other states, so, no, we don't have clocks for you to use." WTF? Fortunately ExamSoft has a timer, so no worries.

Also, I agree that the MBE was hard, but I'm not sure that it felt any harder than the last few sets we saw from Themis. I'm sure everyone is going to score well enough to pass, and we'll be back here celebrating in a few months.

[kalvano]

I got bored on the Texas essay questions and started trying to work in humorous asides. Perhaps my grader will appreciate them and give me some pity points.

[locusdelicti]

I need the curve to bail be out of the hell that the MBE was, especially the AM session. The essays were pretty easy, and PA gives 55% to the essays so here is to praying that the MBE didn't screw me over. I literally had 25 questions on the entire MBE that I would bet my bank account on being the right answer.

I thought the afternoon part of the MBE was the worst.

PA wasn't as bad as I expected. NJ was a clusterfuck. Not the questions; the actual test. WHY ARE THE CHAIRS SO LOUD?

I agree with locus, PA was not that bad. I was cruising on the NJ essays until I got to the property and Ks questions-- I started feeling exhausted and could not recall anything. Here's to hoping that I did well enough on the first 5 so that they outweigh the last 2. And yes, the chairs issue in AC was pretty ridiculous. Also, how technologically advanced do you have to be to get clocks? Seriously tho, the lady proctoring NJ said, "We're not as technologically advanced as other states, so, no, we don't have clocks for you to use." WTF? Fortunately ExamSoft has a timer, so no worries.

Also, I agree that the MBE was hard, but I'm not sure that it felt any harder than the last few sets we saw from Themis. I'm sure everyone is going to score well enough to pass, and we'll be back here celebrating in a few months.

The guy next to me was like, "Do you really need to be that sophisticated to have clocks?"

[locusdelicti]

I thought the afternoon part of the MBE was the worst.

PA wasn't as bad as I expected. NJ was a clusterfuck. Not the questions; the actual test. WHY ARE THE CHAIRS SO LOUD?

Not everyone gets the same AM and PM tests. Some got the hard part in the AM some in the PM.

Doesn't change my opinion that the AM was the hardest.

low iq shtick

...

[usuaggie]

I need the curve to bail be out of the hell that the MBE was, especially the AM session. The essays were pretty easy, and PA gives 55% to the essays so here is to praying that the MBE didn't screw me over. I literally had 25 questions on the entire MBE that I would bet my bank account on being the right answer.

I thought the afternoon part of the MBE was the worst.

PA wasn't as bad as I expected. NJ was a clusterfuck. Not the questions; the actual test. WHY ARE THE CHAIRS SO LOUD?

Not everyone gets the same AM and PM tests. Some got the hard part in the AM some in the PM.

Everybody had the same test AM and PM. Otherwise people would talk about the questions at lunch. My book was a different code than others and we all had the same questions except for expiramental.

[09042014]

I need the curve to bail be out of the hell that the MBE was, especially the AM session. The essays were pretty easy, and PA gives 55% to the essays so here is to praying that the MBE didn't screw me over. I literally had 25 questions on the entire MBE that I would bet my bank account on being the right answer.

I thought the afternoon part of the MBE was the worst.

PA wasn't as bad as I expected. NJ was a clusterfuck. Not the questions; the actual test. WHY ARE THE CHAIRS SO LOUD?

Not everyone gets the same AM and PM tests. Some got the hard part in the AM some in the PM.

Everybody had the same test AM and PM. Otherwise people would talk about the questions at lunch. My book was a different code than others and we all had the same questions except for expiramental.

Nationwide they didn't.

[usuaggie]

Idk why they would do that. Would allow east coast people to tell west coast people what to expect during the lunch break.

[Citizen Genet]

@Kalvano or other Texas bar takers:

Did ya'll notice that the Oil & Gas question was pretty much verbatim one of our practice questions (which I assume was an old exam question.)