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09042014
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Re: THEMIS BAR REVIEW Hangout.

Postby 09042014 » Fri Jun 21, 2013 2:21 pm

locusdelicti wrote:I'm looking at my percentages right on the different MBE subjects, and I'm straight up average in every single one. What does this mean? I don't know. How does it make me feel? Shitty.

Are we shooting for average? Is average the best we should do to get the best scaled score possible? Or should we be shooting for over that? I have no idea how I'm doing. I also still need to consult my outlines for my essay answers.

Somebody comfort me.


What like 80-95% of themis takers pass the bar depending on which state you are. Seems like average is a great place to be.

TheBeard
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Re: THEMIS BAR REVIEW Hangout.

Postby TheBeard » Fri Jun 21, 2013 2:49 pm

kalvano wrote:I'm kind of not really happy with some of my lectures. They didn't address topics AT ALL that are now featured in practice questions.


THIS! Our director suggested we focus on the lecture instead of the outline, but if you do that, you miss out on a ton of stuff.

09042014
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Re: THEMIS BAR REVIEW Hangout.

Postby 09042014 » Fri Jun 21, 2013 2:54 pm

TheBeard wrote:
kalvano wrote:I'm kind of not really happy with some of my lectures. They didn't address topics AT ALL that are now featured in practice questions.


THIS! Our director suggested we focus on the lecture instead of the outline, but if you do that, you miss out on a ton of stuff.


You aren't aiming for 100%. Lectures seem to focus on the big shit.

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forza
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Re: THEMIS BAR REVIEW Hangout.

Postby forza » Fri Jun 21, 2013 2:56 pm

The bolded/underlined is such a bullshit assumption. Answer choice A is correct in my opinion.

30. (Question ID#1388)
Based on a reliable insider tip, a reporter investigated the testing of a corporation's salon products on animals. During the course of her investigation, the reporter snuck into the corporate headquarters where the reporter discovered and copied many documents proving the management's efforts to conceal the corporation's animal testing from the public. The reporter's newspaper published several of her stories, resulting in a drastic drop in sales of the corporation's product. The corporation filed a lawsuit against both the reporter for trespass and the newspaper for publishing illegally obtained facts.

Can the corporation recover damages in its suit?

A. Yes, the corporation can recover only from the reporter.
B. Yes, the corporation can recover only from the newspaper.
C. Yes, the corporation can recover from either the newspaper or the reporter.
D. No, the media is protected by the First Amendment when gathering and reporting true information concerning matters of public concern.

Incorrect: Answer choice C is correct because the press has no greater First Amendment rights than does the general public. There is no special privilege allowing the press to invade the rights of others. Members of the press are not immune from the application of generally applicable laws, even if the application of such laws has a negative incidental effect on the ability to gather and report the news. The First Amendment shields the media from liability for publishing information that was obtained illegally by a third party as long as the information involves a matter of public concern and the publisher neither obtained it unlawfully nor knows who did. Here, the newspaper likely knew the information was not lawfully obtained and certainly knows who obtained the information. Therefore, the corporation can recover against both the reporter and the newspaper. Answer choice D is incorrect because this protection does not apply where the media or its employee illegally obtains the information. Answer choice A is incorrect because the newspaper would also be liable to the corporation for publishing facts about the corporation's activities when aware of the source of the illegally obtained information. Answer choice B is incorrect because the reporter would also be liable for illegally obtaining the information. No media protection would be granted to her based on the method of obtaining the information.


We are given no facts in the question to indicate that the newspaper had any clue that the reporter obtained the information illegally or knows who did.

TheBeard
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Re: THEMIS BAR REVIEW Hangout.

Postby TheBeard » Fri Jun 21, 2013 3:02 pm

Desert Fox wrote:
TheBeard wrote:
kalvano wrote:I'm kind of not really happy with some of my lectures. They didn't address topics AT ALL that are now featured in practice questions.


THIS! Our director suggested we focus on the lecture instead of the outline, but if you do that, you miss out on a ton of stuff.


You aren't aiming for 100%. Lectures seem to focus on the big shit.


True dat. I'd rather read the outline once so that I pick up stuff not covered by the lectures. Not trying to absorb it though, that'd be insane.

09042014
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Re: THEMIS BAR REVIEW Hangout.

Postby 09042014 » Fri Jun 21, 2013 3:22 pm

TheBeard wrote:
Desert Fox wrote:
TheBeard wrote:
kalvano wrote:I'm kind of not really happy with some of my lectures. They didn't address topics AT ALL that are now featured in practice questions.


THIS! Our director suggested we focus on the lecture instead of the outline, but if you do that, you miss out on a ton of stuff.


You aren't aiming for 100%. Lectures seem to focus on the big shit.


True dat. I'd rather read the outline once so that I pick up stuff not covered by the lectures. Not trying to absorb it though, that'd be insane.


I can't imagine doing both though. A friend of mine is doing outline. I'm doing video.

locusdelicti
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Re: THEMIS BAR REVIEW Hangout.

Postby locusdelicti » Fri Jun 21, 2013 3:54 pm

Desert Fox wrote:
locusdelicti wrote:I'm looking at my percentages right on the different MBE subjects, and I'm straight up average in every single one. What does this mean? I don't know. How does it make me feel? Shitty.

Are we shooting for average? Is average the best we should do to get the best scaled score possible? Or should we be shooting for over that? I have no idea how I'm doing. I also still need to consult my outlines for my essay answers.

Somebody comfort me.


What like 80-95% of themis takers pass the bar depending on which state you are. Seems like average is a great place to be.


Ok. Thanks.

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elysiansmiles
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Re: THEMIS BAR REVIEW Hangout.

Postby elysiansmiles » Fri Jun 21, 2013 4:41 pm

Desert Fox wrote:
rawgator06 wrote:So, I am about 38% done with the course and I still feel like I am doing poorly on the MBE questions. I was wondering if anyone was doing a separate bar supplement, such as Adaptibar or Multistate Edge? Multistate Edge has 2400 questions, so it seems like it may be worth a shot.
Also, so far, I have found the outlines to be a bit sub-par and wanted to know if anyone knew of any cheap bar outlines that are better than the Themis ones?
Thanks


The themis guy posting in this thread suggested that themis has thousands of MBE questions. I'd wait to by a supplement until you actually run out, which may never happen.


I think I remember someone saying that if you want more questions, you can contact Technical Support or something through the Communications area and request access to more MBE questions. Same with graded essays, if I recall. So I would try that before paying anyone any more money.

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kalvano
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Re: THEMIS BAR REVIEW Hangout.

Postby kalvano » Fri Jun 21, 2013 5:02 pm

Desert Fox wrote:
TheBeard wrote:
kalvano wrote:I'm kind of not really happy with some of my lectures. They didn't address topics AT ALL that are now featured in practice questions.


THIS! Our director suggested we focus on the lecture instead of the outline, but if you do that, you miss out on a ton of stuff.


You aren't aiming for 100%. Lectures seem to focus on the big shit.


Yeah, but when one entire essay question is over something that was left out...

calibred
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Re: THEMIS BAR REVIEW Hangout.

Postby calibred » Fri Jun 21, 2013 5:05 pm

Sherman Clark's summary questions at the end of his evidence videos are huge

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Bikeflip
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Re: THEMIS BAR REVIEW Hangout.

Postby Bikeflip » Fri Jun 21, 2013 5:27 pm

How to write a family law essay: Make up a bunch of factors and balance them.

antonious13
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Re: THEMIS BAR REVIEW Hangout.

Postby antonious13 » Fri Jun 21, 2013 5:32 pm

Finally a passing grade on an essay! Thank you, Criminal Law. I think I may give myself a liquid pat on the back tonight.

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forza
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Re: THEMIS BAR REVIEW Hangout.

Postby forza » Fri Jun 21, 2013 5:43 pm

Bikeflip wrote:How to write a family law essay: Make up a bunch of factors and balance them.


- "Best interests of the child"
- "Anything else the court finds relevant"

dsclaw
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Re: THEMIS BAR REVIEW Hangout.

Postby dsclaw » Fri Jun 21, 2013 6:49 pm

Just got my graded essay back 65 out of 100, guy left the worst comments ever not even useful. He commented on me adding something that was already there. Also told me to add more background information about the law. However, I basically ran out of time so not sure how I add more background information.

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kalvano
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Re: THEMIS BAR REVIEW Hangout.

Postby kalvano » Fri Jun 21, 2013 8:14 pm

Multiplying fractions? Fuck you, Oil & Gas. I can't even do that with a calculator, much less in my head on an exam.

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Bikeflip
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Re: THEMIS BAR REVIEW Hangout.

Postby Bikeflip » Fri Jun 21, 2013 8:23 pm

forza wrote:
Bikeflip wrote:How to write a family law essay: Make up a bunch of factors and balance them.


- "Best interests of the child"
- "Anything else the court finds relevant"

"Changed circumstances"
"In the interests of fairness"

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Bikeflip
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Re: THEMIS BAR REVIEW Hangout.

Postby Bikeflip » Fri Jun 21, 2013 8:45 pm

Huh? How is a doctor fucking up foreseeable?

A woman told her friend that she believed she had a peanut allergy, although it had not been diagnosed. In an attempt to prove her long-held theory that peanut allergies do not really exist, the friend decided to surreptitiously give the woman some peanuts. The friend invited the woman over for lunch, assuring her that the lunch was peanut-free. In fact, the friend had substituted peanuts for pine nuts in the pesto on their sandwiches. After they finished eating, the friend began to feel guilty and admitted to her plan. When the woman saw hives forming on her arm, she decided to go to the doctor. The doctor told the woman that the hives were likely due to anxiety, but that he would provide an ointment. Due to a mix-up, the doctor ordered the nurse to provide the woman with an antibiotic to which the woman was allergic. The woman suffered a severe reaction to the antibiotic. The woman has sued her friend and her doctor for negligence. The friend has filed a motion to dismiss the claims against her.

Is the friend likely to succeed in having the claims against her dismissed?
A. No, because the doctor’s error and the resulting harm were foreseeable.
B. No, because the friend’s actions were the direct cause of the woman’s injuries.
C. Yes, because the doctor’s error was the direct cause of the woman’s injuries.
D. Yes, because the doctor’s error was a superseding cause of the woman’s injuries.
Incorrect: Answer choice A is correct. To succeed on a negligence claim, the plaintiff must prove proximate causation. Proximate cause exists when the defendant’s actions are a direct cause of the plaintiff’s injuries. Or, if an intervening force occurs between the defendant’s act and the plaintiff’s injury, the defendant still may be liable if the intervening force was foreseeable. Medical malpractice is a foreseeable intervening force. In this case, the doctor’s error was foreseeable after the friend intentionally gave the woman a food to which she may have been allergic. Accordingly, the friend was the proximate cause of the woman’s injuries. Answer choice B is incorrect because the doctor’s negligence in providing the woman with the wrong medication was the direct cause of the woman’s injuries. Answer choice C is incorrect because, although the doctor’s error was the direct cause of the woman’s injuries, the doctor’s actions were a foreseeable intervening force. Accordingly, the friend is unlikely to succeed in having the claims dismissed. Answer choice D is incorrect because the doctor’s actions were not a superseding cause of the woman’s injuries. When an intervening cause is unforeseeable, it may become a superseding cause and cut off the defendant’s liability. Medical malpractice is foreseeable, however. Thus, the doctor’s actions were not a superseding cause.

missinglink
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Re: THEMIS BAR REVIEW Hangout.

Postby missinglink » Fri Jun 21, 2013 8:49 pm

Bikeflip wrote:Huh? How is a doctor fucking up foreseeable?


I think for bar purposes, we're supposed to presume that ANY medical malpractice or physician negligence is reasonably foreseeable. That is, it's not likely, but it's certainly a foreseeable result.

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Bikeflip
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Re: THEMIS BAR REVIEW Hangout.

Postby Bikeflip » Fri Jun 21, 2013 8:52 pm

missinglink wrote:
Bikeflip wrote:Huh? How is a doctor fucking up foreseeable?


I think for bar purposes, we're supposed to presume that ANY medical malpractice or physician negligence is reasonably foreseeable. That is, it's not likely, but it's certainly a foreseeable result.



See, I hate that rationale; anything, not matter how remote, is foreseeable. But fair point; learn the test's nuances.

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Agoraphobia
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Re: THEMIS BAR REVIEW Hangout.

Postby Agoraphobia » Fri Jun 21, 2013 8:52 pm

The way I understand it is that medical malpractice is always foreseeable. So it can never be a superseding cause. At least that's easy to remember :)

JDCA2012
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Re: THEMIS BAR REVIEW Hangout.

Postby JDCA2012 » Fri Jun 21, 2013 9:10 pm

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Last edited by JDCA2012 on Sun Jul 21, 2013 2:27 pm, edited 1 time in total.

locusdelicti
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Re: THEMIS BAR REVIEW Hangout.

Postby locusdelicti » Fri Jun 21, 2013 9:13 pm

missinglink wrote:
Bikeflip wrote:Huh? How is a doctor fucking up foreseeable?


I think for bar purposes, we're supposed to presume that ANY medical malpractice or physician negligence is reasonably foreseeable. That is, it's not likely, but it's certainly a foreseeable result.


That's right. Negligence from someone else is almost always foreseeable - it's intentional torts and crimes by third parties that aren't usually foreseeable.

Talar
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Re: THEMIS BAR REVIEW Hangout.

Postby Talar » Fri Jun 21, 2013 9:20 pm

Sorry if this has already been asked and answered but when your Themis plan says to "Review X Subject" on Saturdays and Sundays do you actually review the book or just the Handouts from the lectures? It takes me a long time to read the actual outlines (the MBE books). So, on review days I just read/skim the Handout. Anyone else do the same? Am I missing important stuff by not reading the full outline more than once?

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Bikeflip
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Re: THEMIS BAR REVIEW Hangout.

Postby Bikeflip » Fri Jun 21, 2013 10:07 pm

Talar wrote:Sorry if this has already been asked and answered but when your Themis plan says to "Review X Subject" on Saturdays and Sundays do you actually review the book or just the Handouts from the lectures? It takes me a long time to read the actual outlines (the MBE books). So, on review days I just read/skim the Handout. Anyone else do the same? Am I missing important stuff by not reading the full outline more than once?



If you want, skim the big outline and add anything you feel is necessary to the handouts/your notes. It can't hurt, especially in light of some of the recent essay questions.

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elysiansmiles
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Re: THEMIS BAR REVIEW Hangout.

Postby elysiansmiles » Fri Jun 21, 2013 10:07 pm

Talar wrote:Sorry if this has already been asked and answered but when your Themis plan says to "Review X Subject" on Saturdays and Sundays do you actually review the book or just the Handouts from the lectures? It takes me a long time to read the actual outlines (the MBE books). So, on review days I just read/skim the Handout. Anyone else do the same? Am I missing important stuff by not reading the full outline more than once?


I'm doing whatever I think I need to do for that subject. If its Con Law I do nothing, cause I'm pretty good at Con Law. If its Torts I make/run through flashcards of tort elements and defenses, cause I have trouble memorizing them and that's what I need right now. For property I've been re-reading the parts of the outline where I missed the most MBE questions, because simple stuff just isn't sticking for me there. You know how you study/learn best. I would say to do what you need to do to review and learn the material.




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