Themis Bar Review Hangout - July 2015 Exam Forum

[somuchbooty]

Hey guys, does anyone mind sharing their overall percentage on the mixed MBE's? I have done several now and I'm starting to feel like the mixed MBE's are easier but would like some evidence proving or disproving. Remember, sharing is caring.

[Velours]

Hey guys, does anyone mind sharing their overall percentage on the mixed MBE's? I have done several now and I'm starting to feel like the mixed MBE's are easier but would like some evidence proving or disproving. Remember, sharing is caring.

From just the mixed set my average is at 72%, overall for MBEs is 65%.

[anon sequitur]

Hey guys, does anyone mind sharing their overall percentage on the mixed MBE's? I have done several now and I'm starting to feel like the mixed MBE's are easier but would like some evidence proving or disproving. Remember, sharing is caring.

I've done 6 sets: 1. 68, 2. 56, 3. 47 , 4. 68, 5. 64, and 6. 86% . Overall I'm at 64% for about 1200 questions, though that number seems pretty meaningless since I did so poorly on a lot of earlier sets. I don't know what to think, but just hoping that these are more representative of what we'll see on bar day.

[Pickled]

I don't know how helpful filling out handouts over and over again in aid of memorization is for you, but it's very helpful for me. I've created some decent handouts that I plan to do over and over until we can finally call it a day. So far I have only done MBE subjects. If you're interested, please see my dropbox below. Good luck and enjoy!

https://www.dropbox.com/sh/dec2k4tm6hik ... Qd2Ja?dl=0

I love you and would send you all the money if I had any.

Thanks!

[Pleasye]

Hey guys, does anyone mind sharing their overall percentage on the mixed MBE's? I have done several now and I'm starting to feel like the mixed MBE's are easier but would like some evidence proving or disproving. Remember, sharing is caring.

72% on mixed sets (4 sets) and 69% overall. I did really well on the first 3 mixed sets I did and then "bombed" the 4th set in comparison. So I dunno.

[habz]

That simulated NY MC test... HAHAHAHAHAHAHAHA screw you. The scale better be +10...

Agreed the average made me feel a bit better about my TERRIBLE score but not much, at least it's only 10%??????

In other news, anyone notice that Themis is incorrect with their timing? They gave 75 minutes for the MC and 135 minutes for the three essays. We only have 3 hours and 15 minutes in the morning. Though each individual essay was timed as 40 minutes. THOUGH THE NY ESSAY WORKSHOP LECTURE SAID SPEND 45 MINUTES ON THE ESSAYS AND ONLY 60 MINUTES (LOL!) ON THE MC. WHICH ONE IS IT?!!?!



....yes i'm losing it.

What was the average multiple choice score? I'm going to start it now.

It's 43% right now (lol at 60% goal) - I got 40%, which is awful, but then again that's like 1.5 questions below average so...

I got 40 as well.

I got a 46 but i think it was dumb luck. I guessed probably half the questions. DAMN YOU NY! DAMN YOU TO HELL!

[jadasistgoodja]

Hi Guys,

Interesting reading regarding mixed MBE sets.

Can someone clarify whether we all face the same mixed sets or do they continue to be based on our weaknesses like the non-mixed sets?

Many thanks love your work

[Ahyis]

Hey guys, does anyone mind sharing their overall percentage on the mixed MBE's? I have done several now and I'm starting to feel like the mixed MBE's are easier but would like some evidence proving or disproving. Remember, sharing is caring.

I've done 11 mixed sets so far - just straight mean percentage is 65% over mixed sets. Meh. At least I'm consistent. Never dipped below 60 (knock on wood) and only gotten 70% or above twice.


Also: Those New York essays today... way to test on like 4+ distinctions in each essay where before I think I've maybe seen 1-2 per essay.

[Confused7]

I just finished the AM session and somehow got a 58 on the multiple choice. No freaking clue on that's possible given the fact that I felt WHOLLY insecure on basically every single answer. Guess I was lucky.

I'm averaging about 68%-70% after doing 8 Mixed MBE sets. Consistent but not as good as I'd like it to be.

[smalogna]

Hey guys, does anyone mind sharing their overall percentage on the mixed MBE's? I have done several now and I'm starting to feel like the mixed MBE's are easier but would like some evidence proving or disproving. Remember, sharing is caring.

I've done 11 mixed sets so far - just straight mean percentage is 65% over mixed sets. Meh. At least I'm consistent. Never dipped below 60 (knock on wood) and only gotten 70% or above twice.


Also: Those New York essays today... way to test on like 4+ distinctions in each essay where before I think I've maybe seen 1-2 per essay.

4+ distinctions? I was about to make a post about how the NY essays seemed to stay from distinctions mostly, aside from the non MBE subjects of course. Maybe everything is blending in my mind at this point which would be BAD.

Also, I stopped the MPT halfway because it was stupid and a huge time suck. I feel like I got the sense of how tired I will be by 4pm on July 28th and that was kind of the point of it.

[kiwi4president]

I'm averaging 74% on the mixed sets. I'm done reviewing the substantive law for the MBE and now starting to move onto memorizing rule statements for the state essays. I do plan on doing 50 MBE questions every morning until the test so I don't get rusty.

[Confused7]

I'm stumped on this multiple choice Q from today.

[+] Spoiler

Fifty years ago, the owner of a large tract of land in Town began conveying parcels with restrictive covenants to limit development on this land to single-family homes. Plaintiff and Defendant are the current owners of several of the lots that are subject to covenants in a deed within the chain of title, duly recorded, prohibiting "any building except single-family homes." Defendant leased his lot to a cell phone company, which received a permit from Town to construct a cell phone tower on one of the lots. Plaintiff sought an injunction based on the restrictive covenants. How should the court rule?

Answer Choices:
A) For Plaintiff because the cell phone tower violated the restrictive covenant.
B) For Defendant because Town, a governmental entity, has authority to override the enforceability of a covenant.
C) For Plaintiff unless Town demonstrates that the site is the best for ensuring the clearest and most wide-ranging service.
D) For Defendant because violation of a restrictive covenant entitles Plaintiff only to monetary damages.

Correct Answer:
For Plaintiff because the cell phone tower violated the restrictive covenant.

I thought a restrictive covenant was a real covenant, for which you can only sue for damages. Equitable servitudes allow injunctions. What comes under the umbrella of a restrictive covenant then?

[sp1kedrat]

I'm stumped on this multiple choice Q from today.

[+] Spoiler

Fifty years ago, the owner of a large tract of land in Town began conveying parcels with restrictive covenants to limit development on this land to single-family homes. Plaintiff and Defendant are the current owners of several of the lots that are subject to covenants in a deed within the chain of title, duly recorded, prohibiting "any building except single-family homes." Defendant leased his lot to a cell phone company, which received a permit from Town to construct a cell phone tower on one of the lots. Plaintiff sought an injunction based on the restrictive covenants. How should the court rule?

Answer Choices:
A) For Plaintiff because the cell phone tower violated the restrictive covenant.
B) For Defendant because Town, a governmental entity, has authority to override the enforceability of a covenant.
C) For Plaintiff unless Town demonstrates that the site is the best for ensuring the clearest and most wide-ranging service.
D) For Defendant because violation of a restrictive covenant entitles Plaintiff only to monetary damages.

Correct Answer:
For Plaintiff because the cell phone tower violated the restrictive covenant.

I thought a restrictive covenant was a real covenant, for which you can only sue for damages. Equitable servitudes allow injunctions. What comes under the umbrella of a restrictive covenant then?

I was under the impression that you can get legal and equitable relief under a restrictive covenant, whereas equitable servitudes allow only equitable relief.

[UnamSanctam]

I'm stumped on this multiple choice Q from today.

[+] Spoiler

Fifty years ago, the owner of a large tract of land in Town began conveying parcels with restrictive covenants to limit development on this land to single-family homes. Plaintiff and Defendant are the current owners of several of the lots that are subject to covenants in a deed within the chain of title, duly recorded, prohibiting "any building except single-family homes." Defendant leased his lot to a cell phone company, which received a permit from Town to construct a cell phone tower on one of the lots. Plaintiff sought an injunction based on the restrictive covenants. How should the court rule?

Answer Choices:
A) For Plaintiff because the cell phone tower violated the restrictive covenant.
B) For Defendant because Town, a governmental entity, has authority to override the enforceability of a covenant.
C) For Plaintiff unless Town demonstrates that the site is the best for ensuring the clearest and most wide-ranging service.
D) For Defendant because violation of a restrictive covenant entitles Plaintiff only to monetary damages.

Correct Answer:
For Plaintiff because the cell phone tower violated the restrictive covenant.

I thought a restrictive covenant was a real covenant, for which you can only sue for damages. Equitable servitudes allow injunctions. What comes under the umbrella of a restrictive covenant then?

I was under the impression that you can get legal and equitable relief under a restrictive covenant, whereas equitable servitudes allow only equitable relief.

Appears so. Page 73 of the outline says that if you establish a real covenant that entitles you to money damages, you can also enforce the covenant as an equitable servitude through injunction.

[eloise16]

I'm averaging 74% on the mixed sets. I'm done reviewing the substantive law for the MBE and now starting to move onto memorizing rule statements for the state essays. I do plan on doing 50 MBE questions every morning until the test so I don't get rusty.

What is your secret!?

[Confused7]

I'm stumped on this multiple choice Q from today.

[+] Spoiler

Fifty years ago, the owner of a large tract of land in Town began conveying parcels with restrictive covenants to limit development on this land to single-family homes. Plaintiff and Defendant are the current owners of several of the lots that are subject to covenants in a deed within the chain of title, duly recorded, prohibiting "any building except single-family homes." Defendant leased his lot to a cell phone company, which received a permit from Town to construct a cell phone tower on one of the lots. Plaintiff sought an injunction based on the restrictive covenants. How should the court rule?

Answer Choices:
A) For Plaintiff because the cell phone tower violated the restrictive covenant.
B) For Defendant because Town, a governmental entity, has authority to override the enforceability of a covenant.
C) For Plaintiff unless Town demonstrates that the site is the best for ensuring the clearest and most wide-ranging service.
D) For Defendant because violation of a restrictive covenant entitles Plaintiff only to monetary damages.

Correct Answer:
For Plaintiff because the cell phone tower violated the restrictive covenant.

I thought a restrictive covenant was a real covenant, for which you can only sue for damages. Equitable servitudes allow injunctions. What comes under the umbrella of a restrictive covenant then?

I was under the impression that you can get legal and equitable relief under a restrictive covenant, whereas equitable servitudes allow only equitable relief.

Appears so. Page 73 of the outline says that if you establish a real covenant that entitles you to money damages, you can also enforce the covenant as an equitable servitude through injunction.

Thanks guys. I'm doing this out of town and don't have the actual book with me, but I can't seem to find it using Control F on the outline. So BOTH real covenants and equitable servitudes are real covenants? I think I'm just missing the terminology.

[kiwi4president]

I'm averaging 74% on the mixed sets. I'm done reviewing the substantive law for the MBE and now starting to move onto memorizing rule statements for the state essays. I do plan on doing 50 MBE questions every morning until the test so I don't get rusty.

What is your secret!?

I've noticed that I've done significantly better on testing mode rather than interactive. Also my scores started getting better once I started to slow down and actually read the question and answer choices carefully. You can almost always get rid of some bad answers without even really knowing the law. There is usually one line or word in the question or answer that you can point to that will make everything clearer and point you in the right direction.

[UnamSanctam]

I'm stumped on this multiple choice Q from today.

[+] Spoiler

Fifty years ago, the owner of a large tract of land in Town began conveying parcels with restrictive covenants to limit development on this land to single-family homes. Plaintiff and Defendant are the current owners of several of the lots that are subject to covenants in a deed within the chain of title, duly recorded, prohibiting "any building except single-family homes." Defendant leased his lot to a cell phone company, which received a permit from Town to construct a cell phone tower on one of the lots. Plaintiff sought an injunction based on the restrictive covenants. How should the court rule?

Answer Choices:
A) For Plaintiff because the cell phone tower violated the restrictive covenant.
B) For Defendant because Town, a governmental entity, has authority to override the enforceability of a covenant.
C) For Plaintiff unless Town demonstrates that the site is the best for ensuring the clearest and most wide-ranging service.
D) For Defendant because violation of a restrictive covenant entitles Plaintiff only to monetary damages.

Correct Answer:
For Plaintiff because the cell phone tower violated the restrictive covenant.

I thought a restrictive covenant was a real covenant, for which you can only sue for damages. Equitable servitudes allow injunctions. What comes under the umbrella of a restrictive covenant then?

I was under the impression that you can get legal and equitable relief under a restrictive covenant, whereas equitable servitudes allow only equitable relief.

Appears so. Page 73 of the outline says that if you establish a real covenant that entitles you to money damages, you can also enforce the covenant as an equitable servitude through injunction.

Thanks guys. I'm doing this out of town and don't have the actual book with me, but I can't seem to find it using Control F on the outline. So BOTH real covenants and equitable servitudes are real covenants? I think I'm just missing the terminology.

Basically. If a covenant is being enforced through damages, then it is a real covenant. If injunction, then equitable servitude.

[Pleasye]

I'm stumped on this multiple choice Q from today.

[+] Spoiler

Fifty years ago, the owner of a large tract of land in Town began conveying parcels with restrictive covenants to limit development on this land to single-family homes. Plaintiff and Defendant are the current owners of several of the lots that are subject to covenants in a deed within the chain of title, duly recorded, prohibiting "any building except single-family homes." Defendant leased his lot to a cell phone company, which received a permit from Town to construct a cell phone tower on one of the lots. Plaintiff sought an injunction based on the restrictive covenants. How should the court rule?

Answer Choices:
A) For Plaintiff because the cell phone tower violated the restrictive covenant.
B) For Defendant because Town, a governmental entity, has authority to override the enforceability of a covenant.
C) For Plaintiff unless Town demonstrates that the site is the best for ensuring the clearest and most wide-ranging service.
D) For Defendant because violation of a restrictive covenant entitles Plaintiff only to monetary damages.

Correct Answer:
For Plaintiff because the cell phone tower violated the restrictive covenant.

I thought a restrictive covenant was a real covenant, for which you can only sue for damages. Equitable servitudes allow injunctions. What comes under the umbrella of a restrictive covenant then?

I was under the impression that you can get legal and equitable relief under a restrictive covenant, whereas equitable servitudes allow only equitable relief.

Appears so. Page 73 of the outline says that if you establish a real covenant that entitles you to money damages, you can also enforce the covenant as an equitable servitude through injunction.

Thanks guys. I'm doing this out of town and don't have the actual book with me, but I can't seem to find it using Control F on the outline. So BOTH real covenants and equitable servitudes are real covenants? I think I'm just missing the terminology.

If something is a Real Covenant then it is an Equitable Servitude (because ES has all of the elements of a RC except one). A restrictive covenant is a promise that burdens the land, it can be enforced either as a real covenant via damages or as an equitable servitude via an injunction (provided you meet all of the elements).

[habz]

Professional responsibility twice in the NY essays?! WTF?! If they put it in more than once on the real bar...... WRINGING NECKS!

[sd5289]

This is definitely starting to get to me. My right eye started twitching this morning, and WebMD tells me that the common causes are fatigue, stress, and caffeine.

Lol, check on all three!

ETA: I'm not sure what the purpose of the MPRE was if we're expected to do Professional Responsibility on the bar exam as well...

[Confused7]

I'm stumped on this multiple choice Q from today.

[+] Spoiler

Fifty years ago, the owner of a large tract of land in Town began conveying parcels with restrictive covenants to limit development on this land to single-family homes. Plaintiff and Defendant are the current owners of several of the lots that are subject to covenants in a deed within the chain of title, duly recorded, prohibiting "any building except single-family homes." Defendant leased his lot to a cell phone company, which received a permit from Town to construct a cell phone tower on one of the lots. Plaintiff sought an injunction based on the restrictive covenants. How should the court rule?

Answer Choices:
A) For Plaintiff because the cell phone tower violated the restrictive covenant.
B) For Defendant because Town, a governmental entity, has authority to override the enforceability of a covenant.
C) For Plaintiff unless Town demonstrates that the site is the best for ensuring the clearest and most wide-ranging service.
D) For Defendant because violation of a restrictive covenant entitles Plaintiff only to monetary damages.

Correct Answer:
For Plaintiff because the cell phone tower violated the restrictive covenant.

I thought a restrictive covenant was a real covenant, for which you can only sue for damages. Equitable servitudes allow injunctions. What comes under the umbrella of a restrictive covenant then?

I was under the impression that you can get legal and equitable relief under a restrictive covenant, whereas equitable servitudes allow only equitable relief.

Appears so. Page 73 of the outline says that if you establish a real covenant that entitles you to money damages, you can also enforce the covenant as an equitable servitude through injunction.

Thanks guys. I'm doing this out of town and don't have the actual book with me, but I can't seem to find it using Control F on the outline. So BOTH real covenants and equitable servitudes are real covenants? I think I'm just missing the terminology.

If something is a Real Covenant then it is an Equitable Servitude (because ES has all of the elements of a RC except one). A restrictive covenant is a promise that burdens the land, it can be enforced either as a real covenant via damages or as an equitable servitude via an injunction (provided you meet all of the elements).

Thank you to everyone who took the time to answer this! It's a lot clearer now in my head.

[healthnut]

I don't know how helpful filling out handouts over and over again in aid of memorization is for you, but it's very helpful for me. I've created some decent handouts that I plan to do over and over until we can finally call it a day. So far I have only done MBE subjects. If you're interested, please see my dropbox below. Good luck and enjoy!

https://www.dropbox.com/sh/dec2k4tm6hik ... Qd2Ja?dl=0

I love you and would send you all the money if I had any.

Thanks!

Don't mention it!

[paulshortys10]

Hey guys, does anyone mind sharing their overall percentage on the mixed MBE's? I have done several now and I'm starting to feel like the mixed MBE's are easier but would like some evidence proving or disproving. Remember, sharing is caring.

62, 65, 68, 72, 78
Not sure why it's going up. How do i find the total for JUST the mixed sets besides adding and dividing lol.

[Confused7]

Acceptable to call it a day after doing today's simulated parts? Someone please validate my feelings.