BarBri Bar Review Hangout - July 2015 Exam Forum

[kmp127]

With shareholder voting, what's the difference between "majority of shares entitled to vote" vs. "majority of shares that actually vote" ?

[Skump]

If the Barbri Half-Day Essay grading rubric is accurate, without giving any partial credit and by following the rubric to a t, I just failed the bar miserable regardless of MBE. haha... Oh well, back to the books.

Whenever I grade out of the MEET the rubric puts me at slightly below passing or below passing. I've written probably 20 essays at this point and I've passed maybe 6 or 7.

Remember: It's sort of like being in a group of 100 people running away from 25 bears. You don't have to beat the bears. You just have to beat 25 other people. This group also displays a diverse range of physical abilities, and includes: double amputees, blind people, and people who have been previously mauled by bears.

[musicfor18]

With shareholder voting, what's the difference between "majority of shares entitled to vote" vs. "majority of shares that actually vote" ?

Pretty sure the answer is "majority of shares that actually vote" = the shareholders that are at the meeting, whereas "majority of shares entitled to vote" = even those who didn't come to the meeting.

[Danger Zone]

With shareholder voting, what's the difference between "majority of shares entitled to vote" vs. "majority of shares that actually vote" ?

Pretty sure the answer is "majority of shares that actually vote" = the shareholders that are at the meeting, whereas "majority of shares entitled to vote" = even those who didn't come to the meeting.

Close, but the first one is more limited than that. It also excludes shareholders that attend the meeting but do not vote.

[musicfor18]

With shareholder voting, what's the difference between "majority of shares entitled to vote" vs. "majority of shares that actually vote" ?

Pretty sure the answer is "majority of shares that actually vote" = the shareholders that are at the meeting, whereas "majority of shares entitled to vote" = even those who didn't come to the meeting.

Close, but the first one is more limited than that. It also excludes shareholders that attend the meeting but do not vote.

Fair enough.

[kyle010723]

Really, Con law MPQ 5?! Contract clause and property clause??

[Danger Zone]

Really, Con law MPQ 5?! Contract clause and property clause??

Even after we were told on the MSE review that Contract clause was never the right answer.

[kyle010723]

Even after we were told on the MSE review that Contract clause was never the right answer.

Exactly!! I thought about the Contract clause for a second, then Guzman came to mind and I decided against it....

[Good Guy Gaud]

Just finished Emanuel Torts question set and did noticeably better than I did on any of BarBri's sets.

Torts is my worst subject. This is pretty sweet.

#tybEmanuel

[kmp127]

With shareholder voting, what's the difference between "majority of shares entitled to vote" vs. "majority of shares that actually vote" ?

Pretty sure the answer is "majority of shares that actually vote" = the shareholders that are at the meeting, whereas "majority of shares entitled to vote" = even those who didn't come to the meeting.

Close, but the first one is more limited than that. It also excludes shareholders that attend the meeting but do not vote.

Fair enough.

So one is a majority of ALL the shares,i.e., if a quorum was satisfied by 51% of the shares being present, then EVERYONE at the meeting, all 51% of the shares would need to vote yes to satisfy the "maj of shares entitled to vote"

And the other this a maj of whoever showed up? i.e., that same 51% quorum was present, only 25.6% of the ppl there need to vote yes to satisfy the "maj of shares who actually vote" ?

[kmp127]

With shareholder voting, what's the difference between "majority of shares entitled to vote" vs. "majority of shares that actually vote" ?

Pretty sure the answer is "majority of shares that actually vote" = the shareholders that are at the meeting, whereas "majority of shares entitled to vote" = even those who didn't come to the meeting.

Close, but the first one is more limited than that. It also excludes shareholders that attend the meeting but do not vote.

Fair enough.

So one is a majority of ALL the shares,i.e., if a quorum was satisfied by 51% of the shares being present, then EVERYONE at the meeting, all 51% of the shares would need to vote yes to satisfy the "maj of shares entitled to vote"

And the other this a maj of whoever showed up? i.e., that same 51% quorum was present, only 25.6% of the ppl there need to vote yes to satisfy the "maj of shares who actually vote" ?

I think I"m wrong. I've done gone confused myself haven't i

[Danger Zone]

Well, yes, but if I can get really picky for a minute, the number you are looking for is 50% plus one share, not 51%.

Your analysis is otherwise correct, other than the small technical issue that I also previously noted (meaning, in your example, all 50% + 1 of the members present ACTUALLY voted as opposed to showing up and NOT voting).

[kmp127]

Well, yes, but if I can get really picky for a minute, the number you are looking for is 50% plus one share, not 51%.

Your analysis is otherwise correct, other than the small technical issue that I also previously noted (meaning, in your example, all 50% + 1 of the members present ACTUALLY voted as opposed to showing up and NOT voting).

Reading Conviser's I think the difference is one is a maj of everyone there vs. maj of everyone there who vote (not abstain for whatever reason). Bc then if 50% +1 share actually comes to the meeting, removing a director needs every single share there to vote to remove him? Seems more like it's just a maj of those who showed up.... what u think

[Danger Zone]

I had a whole thing typed, but then the forum was disabled and I lost it, so I'll refer you to p. 42-43 in your lecture handout.

[Good Guy Gaud]

BarBri ATTACKING TLS

[antlp]

New Yorkers - for Article 78 proceedings, what's the deal with the overlap between NY Practice and Admin Law? Certiorari, which we covered in NY Practice, looks similar to the stuff we went over for judicial review of agency adjudications in Admin Law. I guess we're just supposed to mesh our knowledge from the two together?

[kyle010723]

Someone must've been so outraged by MPQ5 they took down TLS with it.

[victortsoi]

If the Barbri Half-Day Essay grading rubric is accurate, without giving any partial credit and by following the rubric to a t, I just failed the bar miserable regardless of MBE. haha... Oh well, back to the books.

Whenever I grade out of the MEET the rubric puts me at slightly below passing or below passing. I've written probably 20 essays at this point and I've passed maybe 6 or 7.

Remember: It's sort of like being in a group of 100 people running away from 25 bears. You don't have to beat the bears. You just have to beat 25 other people. This group also displays a diverse range of physical abilities, and includes: double amputees, blind people, and people who have been previously mauled by bears.

id like to believe you but its a little disheartening. I could never write anything near a model answer, lets hope what reutcher said about the mpt answers is equally valid as applied to essays...and I hope to god you're right about them being way more lenient than barbri is leading us to believe.

[kyle010723]

id like to believe you but its a little disheartening. I could never write anything near a model answer, lets hope what reutcher said about the mpt answers is equally valid as applied to essays...and I hope to god you're right about them being way more lenient than barbri is leading us to believe.

I was finally feeling better about essays when I decided to try the Half Day Essay Simulation... How did I get a 1 according to the rubric on one of my best subjects!?!

[myrtlewinston]

New Yorkers - for Article 78 proceedings, what's the deal with the overlap between NY Practice and Admin Law? Certiorari, which we covered in NY Practice, looks similar to the stuff we went over for judicial review of agency adjudications in Admin Law. I guess we're just supposed to mesh our knowledge from the two together?

Same thing. We have to apply NY Practice to every question.

[RaleighStClair]

Just finished the last of the six Emanuel's sections (no civ pro). My % right was about 12% higher than my total % right according to Study Smart (including civ pro).

I'm curious, if there's anyone else who's finished Emanuel's, what your differences looked like?

Curious to see what their 200q full-day is like. Sounds like it might be harder than the individual subject sets.

[5ky]

given that it's july 15, i cannot stress enough that you NY folks should abandon the barbri essays and only look at the released essays from previous years.

http://www.nybarexam.org/ExamQuestions/ ... stions.htm

you are likely to find them (1) much more focused in the question prompt and (2) generally easier.

[kyle010723]

Just finished the last of the six Emanuel's sections (no civ pro). My % right was about 12% higher than my total % right according to Study Smart (including civ pro).

I'm curious, if there's anyone else who's finished Emanuel's, what your differences looked like?

Curious to see what their 200q full-day is like. Sounds like it might be harder than the individual subject sets.

I think someone earlier said something about doing 128 on Barbri and was 14x on Emanuel. Cannot remember if it was this thread or another.

[BVest]

given that it's july 15, i cannot stress enough that you NY folks should abandon the barbri essays and only look at the released essays from previous years.

http://www.nybarexam.org/ExamQuestions/ ... stions.htm

you are likely to find them (1) much more focused in the question prompt and (2) generally easier.

Are the NY BarBri essays not the released previous essays? All the Texas BarBri essays give the date that the question was asked.

[5ky]

as a point of reference, back in 2013 i got a 142/200 on the barbri midterm (roughly 71%).

i did part of the emmanuel's "A.M." test two days before the actual bar exam (questions 1 through 61) and got 49/61 correct (roughly 80% correct).

on the real MBE, i got what i estimated to be about 148/190 (roughly 78%) based on my scaled score.

i would say that i did better on the Emmanuel questions than I did on the real thing and also that the barbri questions FELT more like the real MBE questions. it's a weird situation and something you'll encounter -- after you're done, you will feel like the questions were much harder than you were used to, but you'll end up doing better than you were doing on barbri questions. it's just a weird thing of only remembering the tough questions and not being able to self-grade immediately.