Themis Bar Review Hangout - July 2015 Exam Forum

[sd5289]

Anyone have an easy way to remember the requirement days in civ pro ?

Not really, but discovery requests and appeals are all 30. Motions are usually 21 days. And jury, 14. For the MBE it has been good practice to remember this three numbers because sometimes the answer would be 20 and I know that's not right.

TYIA for reminding me of the 30 day mark. I've been remembering 21 and 14 days. And generally if a party does one thing that they must do in 21 days, they only have 14 days to do the next thing if they're not successful with the first. For example, a D can file a motion to dismiss within 21 days, and if the motion is denied, they only have 14 days to serve their answer.

ETA: OH, and if a D waives service, s/he gets 60 days to file a motion to dismiss or answer, which also helps logically explain why a D would ever waive service.

[lolaq]

Anyone have an easy way to remember the requirement days in civ pro ?

I doubt this is the kind of advice you're looking for, but I wrote them down on my bathroom mirror with a dry erase marker.

[paulshortys10]

Anyone have an easy way to remember the requirement days in civ pro ?

Not really, but discovery requests and appeals are all 30. Motions are usually 21 days. And jury, 14. For the MBE it has been good practice to remember this three numbers because sometimes the answer would be 20 and I know that's not right.

Seems the magic numbers are 21, 14, 30,and 45. 21 and 14 usually apply earlier, 30 usually for discovery things, and 45 in the end?

[sd5289]

Random aside: I just ran across the blurb on auction K's in my K's outline and just realized that after that 1st or 2nd set way back when, I literally have not seen an auction K question since. Anyone else?

[anon sequitur]

I got one on the fifth contracts MBE set I did the other day. Fairly simple one about being allowed to retract your bids before the end of the auction.

[smalogna]

Anyone have an easy way to remember the requirement days in civ pro ?

Not really, but discovery requests and appeals are all 30. Motions are usually 21 days. And jury, 14. For the MBE it has been good practice to remember this three numbers because sometimes the answer would be 20 and I know that's not right.

TYIA for reminding me of the 30 day mark. I've been remembering 21 and 14 days. And generally if a party does one thing that they must do in 21 days, they only have 14 days to do the next thing if they're not successful with the first. For example, a D can file a motion to dismiss within 21 days, and if the motion is denied, they only have 14 days to serve their answer.

ETA: OH, and if a D waives service, s/he gets 60 days to file a motion to dismiss or answer, which also helps logically explain why a D would ever waive service.

And then you get to NY Practice and everything is 20/30 days and your head explodes.

[amorsebu14]

So from the milestone exam until now I have been like zeroed in on MBE subjects and questions, and got a mixed set last night up to 75%. so that's good.

But I feel like in the process, all the rule statement memorization I had fell out of my head for the essays, and I haven't even begun to internalize those rules for some of the non-MBE subjects in CA, like CP, Wills, Trusts, and Prof. Responsibility.

So that's bad.

Anyone interested in starting a band if/when we fail the Bar? I play decent guitar and keys, and can add an aura of general despair and sadness.

I don't know how to play any musical instrument, but I'm in. I would literally rather learn how to play every musical instrument than have to study for the bar again.

Count me in. I do keyboards, backup vocals/wailing, and I can master two, maybe three chords on my guitar. Do we need handbells? I can do that, too.

[zot1]

I decided to take the day off today because I've been feeling a little burned out. Checking TLS aside, I have been really good about enjoying myself. Recently I was feeling guilty about not doing work while watching Bloodline. But then this one episode involves a will and I've been yelling stuff at the TV like: "but he's not of sound mind!" "They need two disinterested witnesses!" and "this would totally raise a presumption of undue influence!" So I think I'll be okay.

[amorsebu14]

Anyone have an easy way to remember the requirement days in civ pro ?

Not really, but discovery requests and appeals are all 30. Motions are usually 21 days. And jury, 14. For the MBE it has been good practice to remember this three numbers because sometimes the answer would be 20 and I know that's not right.

Seems the magic numbers are 21, 14, 30,and 45. 21 and 14 usually apply earlier, 30 usually for discovery things, and 45 in the end?

90 days notice for expert witnesses, unless it's not.

[zot1]

Anyone have an easy way to remember the requirement days in civ pro ?

Not really, but discovery requests and appeals are all 30. Motions are usually 21 days. And jury, 14. For the MBE it has been good practice to remember this three numbers because sometimes the answer would be 20 and I know that's not right.

Seems the magic numbers are 21, 14, 30,and 45. 21 and 14 usually apply earlier, 30 usually for discovery things, and 45 in the end?

90 days notice for expert witnesses, unless it's not.

But only if they're testifying

[smalogna]

Anyone feeling like "it's all coming together"? I was told that it happens overnight right before the test...still waiting for my moment of "enlightenment"

[amorsebu14]

Anyone have an easy way to remember the requirement days in civ pro ?

Not really, but discovery requests and appeals are all 30. Motions are usually 21 days. And jury, 14. For the MBE it has been good practice to remember this three numbers because sometimes the answer would be 20 and I know that's not right.

Seems the magic numbers are 21, 14, 30,and 45. 21 and 14 usually apply earlier, 30 usually for discovery things, and 45 in the end?

90 days notice for expert witnesses, unless it's not.

But only if they're testifying

Or if it's harmless.

[Pleasye]

Anyone feeling like "it's all coming together"? I was told that it happens overnight right before the test...still waiting for my moment of "enlightenment"

Still very very much falling apart.

[soj]

.

[paulshortys10]

Anyone have an easy method to remember character evidence?

[smalogna]

Anyone have an easy method to remember character evidence?

First question: Criminal or civil? If criminal move to analysis...
Defendant must open door first either through their offering of evidence about their own character or character of a victim to prove self-defense
On direct exam, only reputation or opinion evidence
Cross exam can bring in specific instances
Must all be pertinent to the trait introduced

[Ahyis]

Can anyone set out the actual rules for number of jurors and whether it must be unanimous in both crim and civil trials? I feel like every question I get there's a "well, they stipulated to less" answer.

[zor]

Anyone have an easy method to remember character evidence?

First question: Criminal or civil? If criminal move to analysis...
Defendant must open door first either through their offering of evidence about their own character or character of a victim to prove self-defense
On direct exam, only reputation or opinion evidence
Cross exam can bring in specific instances
Must all be pertinent to the trait introduced

Add to this, no extrinsic evidence to prove/disprove specific instances. If you're crossing someone, and you KNOW they robbed a bank last year, and they say they didn't, you have to live with that answer.

[Pleasye]

Can anyone set out the actual rules for number of jurors and whether it must be unanimous in both crim and civil trials? I feel like every question I get there's a "well, they stipulated to less" answer.

Minimum 6, maximum 12, no alternates. The (unanimous) verdict must be returned by a jury of at least 6 jurors unless the parties stipulate otherwise.

[zot1]

Family law:

I had a question before where in the fact pattern, a dude requested a paternity action of a four y/o, but the state had an SOL barring actions after three years. I answered that that was not allowed based on what I remembered at the time, the model answer said the time required by the state was "reasonable" so it was okay.

Re-reading the family law lecture outline I see that in page 15 it says "States cannot limit the time allowed for a claim of paternity to be brought before the child reaches the age of majority."

Am I missing something or was the model answer wrong?

[IamIn]

"Of the four answer choices presented, answer choice D best states the standard for strict scrutiny, even though it uses the word "important" rather than "compelling" when describing the state's interest."

seriously?

Of course I didn't pick this answer! It states the wrong standard!

[mr.hands]

Family law:

I had a question before where in the fact pattern, a dude requested a paternity action of a four y/o, but the state had an SOL barring actions after three years. I answered that that was not allowed based on what I remembered at the time, the model answer said the time required by the state was "reasonable" so it was okay.

Re-reading the family law lecture outline I see that in page 15 it says "States cannot limit the time allowed for a claim of paternity to be brought before the child reaches the age of majority."

Am I missing something or was the model answer wrong?

Pretty sure the model answer is wrong. My outline says that it's unconstitutional to set a statute of limitations on paternity actions

[UnamSanctam]

"Of the four answer choices presented, answer choice D best states the standard for strict scrutiny, even though it uses the word "important" rather than "compelling" when describing the state's interest."

seriously?

Of course I didn't pick this answer! It states the wrong standard!

It's just one of those situations where you go "if this happens on the bar I am going to start throwing things."

[zot1]

Family law:

I had a question before where in the fact pattern, a dude requested a paternity action of a four y/o, but the state had an SOL barring actions after three years. I answered that that was not allowed based on what I remembered at the time, the model answer said the time required by the state was "reasonable" so it was okay.

Re-reading the family law lecture outline I see that in page 15 it says "States cannot limit the time allowed for a claim of paternity to be brought before the child reaches the age of majority."

Am I missing something or was the model answer wrong?

Pretty sure the model answer is wrong. My outline says that it's unconstitutional to set a statute of limitations on paternity actions

Would that change if the child already has a presumed father? I guess I went back and read the model answer and it included a presumed father. However, the rule itself does not seem to provide any exceptions.

[Tripl3Espresso]

"Of the four answer choices presented, answer choice D best states the standard for strict scrutiny, even though it uses the word "important" rather than "compelling" when describing the state's interest."

seriously?

Of course I didn't pick this answer! It states the wrong standard!

It's just one of those situations where you go "if this happens on the bar I am going to start throwing things."

I've noticed this several times. It over complicates something that is very simple when they list the wrong standard.