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Niddar
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Re: THEMIS BAR REVIEW Hangout.

Postby Niddar » Mon Jun 17, 2013 3:19 pm

Also, I think Themis should allow you to review the subject specific MBE tests that we take similar to this milestone test, where each question, the answers, correct answer and reasoning are all inline in a document. The other way of having to click on each question, and then a pop-up window comes up sucks, because you have to scroll back and forth to read the analysis.

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forza
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Re: THEMIS BAR REVIEW Hangout.

Postby forza » Mon Jun 17, 2013 3:24 pm

Property question regarding joint tenancies.

Let's say A and B have a joint tenancy. B sells his interest to C, which severs the joint tenancy and gives C a half-share as a tenant-in-common. But does A still retain his joint tenancy and right of survivorship such that if C dies, A now owns the whole property?

locusdelicti
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Re: THEMIS BAR REVIEW Hangout.

Postby locusdelicti » Mon Jun 17, 2013 3:36 pm

forza wrote:Property question regarding joint tenancies.

Let's say A and B have a joint tenancy. B sells his interest to C, which severs the joint tenancy and gives C a half-share as a tenant-in-common. But does A still retain his joint tenancy and right of survivorship such that if C dies, A now owns the whole property?


No, the joint tenancy is severed as to A and B, so both A and C have the property as tenants in common. If there had been 3 people who held as JT with rights of survivorship, A, B and D, and B sold his interest to C, then C would be a tenant in common with A and D, but A and D would still be joint tenants with each other.

Ok, Firefox was letting me speed up, and now it won't do it, and Karlan takes too long. I can't use Chrome, because my Chrome stops buffering after 2 minutes and gives audio only, and I'm kind of pissed. I've closed and refreshed and even restarted my computer. Anyone have any ideas?

GertrudePerkins
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Re: THEMIS BAR REVIEW Hangout.

Postby GertrudePerkins » Mon Jun 17, 2013 3:41 pm

Niddar wrote:Also, I think Themis should allow you to review the subject specific MBE tests that we take similar to this milestone test, where each question, the answers, correct answer and reasoning are all inline in a document. The other way of having to click on each question, and then a pop-up window comes up sucks, because you have to scroll back and forth to read the analysis.
+1. Themis, if you're reading, please do this. The scrolling thing when reviewing subject-specific MBE sets is pretty darn annoying.

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forza
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Re: THEMIS BAR REVIEW Hangout.

Postby forza » Mon Jun 17, 2013 3:47 pm

locusdelicti wrote:No, the joint tenancy is severed as to A and B, so both A and C have the property as tenants in common. If there had been 3 people who held as JT with rights of survivorship, A, B and D, and B sold his interest to C, then C would be a tenant in common with A and D, but A and D would still be joint tenants with each other.


Ah, okay. So that also means that only A and D can recover the entire 2/3 interest when either of them dies under the right of survivorship, but they lose all rights to claim C's 1/3 tenancy-in-common share?

Property sucks.

locusdelicti
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Re: THEMIS BAR REVIEW Hangout.

Postby locusdelicti » Mon Jun 17, 2013 3:53 pm

forza wrote:
locusdelicti wrote:No, the joint tenancy is severed as to A and B, so both A and C have the property as tenants in common. If there had been 3 people who held as JT with rights of survivorship, A, B and D, and B sold his interest to C, then C would be a tenant in common with A and D, but A and D would still be joint tenants with each other.


Ah, okay. So that also means that only A and D can recover the entire 2/3 interest when either of them dies under the right of survivorship, but they lose all rights to claim C's 1/3 tenancy-in-common share?

Property sucks.


Yes!

And yes.

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elysiansmiles
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Re: THEMIS BAR REVIEW Hangout.

Postby elysiansmiles » Mon Jun 17, 2013 4:00 pm

locusdelicti wrote:
Ok, Firefox was letting me speed up, and now it won't do it, and Karlan takes too long. I can't use Chrome, because my Chrome stops buffering after 2 minutes and gives audio only, and I'm kind of pissed. I've closed and refreshed and even restarted my computer. Anyone have any ideas?


Are all your browsers up-to-date? I can't get firefox to work at all, but haven't had too much trouble with Chrome version 27.x

locusdelicti
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Re: THEMIS BAR REVIEW Hangout.

Postby locusdelicti » Mon Jun 17, 2013 4:01 pm

elysiansmiles wrote:
locusdelicti wrote:
Ok, Firefox was letting me speed up, and now it won't do it, and Karlan takes too long. I can't use Chrome, because my Chrome stops buffering after 2 minutes and gives audio only, and I'm kind of pissed. I've closed and refreshed and even restarted my computer. Anyone have any ideas?


Are all your browsers up-to-date? I can't get firefox to work at all, but haven't had too much trouble with Chrome version 27.x


Yep, both are up to date.

I've cleared my cache, too.

antonious13
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Re: THEMIS BAR REVIEW Hangout.

Postby antonious13 » Mon Jun 17, 2013 5:23 pm

Man... I still cannot get the hang of property MBEs.

I got 34/50, and 8 of those wrong were property questions.

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Holly Golightly
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Re: THEMIS BAR REVIEW Hangout.

Postby Holly Golightly » Mon Jun 17, 2013 6:15 pm

My directed study thing is trying to get me to take the milestone exam today, even though I haven't gotten to real property yet. This seems like a poor idea.

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forza
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Re: THEMIS BAR REVIEW Hangout.

Postby forza » Mon Jun 17, 2013 6:18 pm

Holly Golightly wrote:My directed study thing is trying to get me to take the milestone exam today, even though I haven't gotten to real property yet. This seems like a poor idea.


Yeah definitely don't do that. They said in one of the messages they sent out to make sure you've gone through torts, conlaw and property before doing it.

41/50 on the milestone. Five of those were property. This shit is either extremely befuddling or I see the dense property fact-pattern and immediately tune out. Probably both. Also was two minutes over time. Yeesh.

antonious13
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Re: THEMIS BAR REVIEW Hangout.

Postby antonious13 » Mon Jun 17, 2013 6:37 pm

locusdelicti wrote:
Ok, Firefox was letting me speed up, and now it won't do it, and Karlan takes too long. I can't use Chrome, because my Chrome stops buffering after 2 minutes and gives audio only, and I'm kind of pissed. I've closed and refreshed and even restarted my computer. Anyone have any ideas?


For Crim Pro, right? It's not letting me speed up Karlan either, and all of these vids are 20+ minutes. I may die of boredom.

calibred
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Re: THEMIS BAR REVIEW Hangout.

Postby calibred » Mon Jun 17, 2013 6:38 pm

Great thread. Quick question:

Question: A state law that restricted abortion was challenged in state court as a violation of the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution and as a violation of a similar due process provision of the state constitution. The case made its way to the state's highest court, which ruled that the law violated the due process provisions of both the U.S. and the state constitutions. If petitioned to do so, may the U.S. Supreme Court exercise jurisdiction to review the state court decision?

Answers:

No, because the state court's decision in this case rests on adequate and independent state law grounds.
No, because the U.S. Supreme Court has appellate jurisdiction only over state court decisions that determine the constitutionality of federal laws.
Yes, because the U.S. Supreme Court has appellate jurisdiction over any ruling of a state's highest court based on an interpretation of federal law.
Yes, because the U.S. Supreme Court has appellate jurisdiction over decisions that find state laws in violation of the federal Constitution.

Themis says answer A is correct. Don't state due process/equal protection provisions generally mirror the federal constitutional clauses? In that case, the decision in this case doesn't rest on adequate and independent state law grounds, right? Or am I assuming too much?

Thanks!

calibred
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Re: THEMIS BAR REVIEW Hangout.

Postby calibred » Mon Jun 17, 2013 6:42 pm

PS, chalk me up as someone who has been choking when it comes to real property too. I gotta agree with forza that we are probably not paying enough attention to the long/boring real property questions.

Also, for what it's worth, I'm at 26% for California (going into beast mode this week).

antonious13
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Re: THEMIS BAR REVIEW Hangout.

Postby antonious13 » Mon Jun 17, 2013 6:46 pm

calibred wrote:Great thread. Quick question:

Question: A state law that restricted abortion was challenged in state court as a violation of the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution and as a violation of a similar due process provision of the state constitution. The case made its way to the state's highest court, which ruled that the law violated the due process provisions of both the U.S. and the state constitutions. If petitioned to do so, may the U.S. Supreme Court exercise jurisdiction to review the state court decision?

Answers:

No, because the state court's decision in this case rests on adequate and independent state law grounds.
No, because the U.S. Supreme Court has appellate jurisdiction only over state court decisions that determine the constitutionality of federal laws.
Yes, because the U.S. Supreme Court has appellate jurisdiction over any ruling of a state's highest court based on an interpretation of federal law.
Yes, because the U.S. Supreme Court has appellate jurisdiction over decisions that find state laws in violation of the federal Constitution.

Themis says answer A is correct. Don't state due process/equal protection provisions generally mirror the federal constitutional clauses? In that case, the decision in this case doesn't rest on adequate and independent state law grounds, right? Or am I assuming too much?

Thanks!


I could be wrong, but I believe the fact that the statute would fail based on the State Constitution no matter the ruling on the US Constitution is what makes it "adequate and independent state law grounds."

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Niddar
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Re: THEMIS BAR REVIEW Hangout.

Postby Niddar » Mon Jun 17, 2013 6:48 pm

I think you're assuming too much. My understanding of this is that, even when the provisions are identical, or nearly identical, as long as the state court indicates they're relying upon an interpretation of their own constitution (alone or in addition to the fed. constitution), it is enough to prevent review by SCOTUS.

calibred wrote:Great thread. Quick question:

Question: A state law that restricted abortion was challenged in state court as a violation of the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution and as a violation of a similar due process provision of the state constitution. The case made its way to the state's highest court, which ruled that the law violated the due process provisions of both the U.S. and the state constitutions. If petitioned to do so, may the U.S. Supreme Court exercise jurisdiction to review the state court decision?

Answers:

No, because the state court's decision in this case rests on adequate and independent state law grounds.
No, because the U.S. Supreme Court has appellate jurisdiction only over state court decisions that determine the constitutionality of federal laws.
Yes, because the U.S. Supreme Court has appellate jurisdiction over any ruling of a state's highest court based on an interpretation of federal law.
Yes, because the U.S. Supreme Court has appellate jurisdiction over decisions that find state laws in violation of the federal Constitution.

Themis says answer A is correct. Don't state due process/equal protection provisions generally mirror the federal constitutional clauses? In that case, the decision in this case doesn't rest on adequate and independent state law grounds, right? Or am I assuming too much?

Thanks!

calibred
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Re: THEMIS BAR REVIEW Hangout.

Postby calibred » Mon Jun 17, 2013 6:49 pm

Cool thanks!

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Bustang
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Re: THEMIS BAR REVIEW Hangout.

Postby Bustang » Mon Jun 17, 2013 7:05 pm

I'm at 32%. You guys are making me feel like I'm not on pace?

locusdelicti
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Re: THEMIS BAR REVIEW Hangout.

Postby locusdelicti » Mon Jun 17, 2013 7:07 pm

antonious13 wrote:
locusdelicti wrote:
Ok, Firefox was letting me speed up, and now it won't do it, and Karlan takes too long. I can't use Chrome, because my Chrome stops buffering after 2 minutes and gives audio only, and I'm kind of pissed. I've closed and refreshed and even restarted my computer. Anyone have any ideas?


For Crim Pro, right? It's not letting me speed up Karlan either, and all of these vids are 20+ minutes. I may die of boredom.


Yep. It must be something wrong with Themis and not me. Whew. Except now.... bleah.

antonious13
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Re: THEMIS BAR REVIEW Hangout.

Postby antonious13 » Mon Jun 17, 2013 7:15 pm

locusdelicti wrote:
antonious13 wrote:
locusdelicti wrote:
Ok, Firefox was letting me speed up, and now it won't do it, and Karlan takes too long. I can't use Chrome, because my Chrome stops buffering after 2 minutes and gives audio only, and I'm kind of pissed. I've closed and refreshed and even restarted my computer. Anyone have any ideas?


For Crim Pro, right? It's not letting me speed up Karlan either, and all of these vids are 20+ minutes. I may die of boredom.


Yep. It must be something wrong with Themis and not me. Whew. Except now.... bleah.


Yeah, I'm pretty sure it's Themis that has the issue. It doesn't work on either Firefox or Chrome, and it was working for one video, then stopped for the rest. Sucks so hard.

jerwood84
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Re: THEMIS BAR REVIEW Hangout.

Postby jerwood84 » Mon Jun 17, 2013 7:18 pm

At 26%

38/50 on milestone exam. Had 2 minutes to spare.

7 incorrect answers came from property.

My thoughts are this MBE practice exam is heavy on concurrent and future interests which are, by far, the most difficult area in property. When we take a full length MBE exam, we really only hit 6 or 7 concurrent/future interest questions which is negligible compared to the easier subject areas like crim law/crim pro/con law.

I'm not freaking out about not being able to deal with the O to A then A's children's brother's grandmother's baby sitter questions. In fact, I'm probably going to "peremptory strike" aka skip over the future interest property questions altogether and do everything else with a tad more time cushion.

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forza
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Re: THEMIS BAR REVIEW Hangout.

Postby forza » Mon Jun 17, 2013 7:26 pm

antonious13 wrote:
locusdelicti wrote:
Ok, Firefox was letting me speed up, and now it won't do it, and Karlan takes too long. I can't use Chrome, because my Chrome stops buffering after 2 minutes and gives audio only, and I'm kind of pissed. I've closed and refreshed and even restarted my computer. Anyone have any ideas?


For Crim Pro, right? It's not letting me speed up Karlan either, and all of these vids are 20+ minutes. I may die of boredom.


Themis is such an ADHD kid's paradise. I feel the same way when I see a lecture that's more than 20 minutes long: ugghhhh.

Barbri's four hour torture sessions would be unbearable.

locusdelicti
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Re: THEMIS BAR REVIEW Hangout.

Postby locusdelicti » Mon Jun 17, 2013 7:37 pm

antonious13 wrote:
locusdelicti wrote:
antonious13 wrote:
For Crim Pro, right? It's not letting me speed up Karlan either, and all of these vids are 20+ minutes. I may die of boredom.


Yep. It must be something wrong with Themis and not me. Whew. Except now.... bleah.


Yeah, I'm pretty sure it's Themis that has the issue. It doesn't work on either Firefox or Chrome, and it was working for one video, then stopped for the rest. Sucks so hard.


:cry:

I like Karlan, but... she's like Moby in the slow-moving and tangential department.

locusdelicti
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Re: THEMIS BAR REVIEW Hangout.

Postby locusdelicti » Mon Jun 17, 2013 8:10 pm

Speaking of Karlan... why is her jacket so huge??? Fit is important, ladyfriend.

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BarbellDreams
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Re: THEMIS BAR REVIEW Hangout.

Postby BarbellDreams » Mon Jun 17, 2013 9:05 pm

Up to 21%. I actually really like this Kramer guy for property. Hopefully finishing it up tomorrow and taking the Milestone then. Have a LOT on my plate tomorrow.




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