BarBri Bar Review Hangout - July 2015 Exam Forum

[charlesxavier]

Dang, I just got an email from school that one of the profs/associate deans died of a heart attack last night. He was only 54. I never took one of his classes but saw him in the hall frequently.

[kyle010723]

High School Journalism Class exception? How is that a thing...?!

[brotherdarkness]

High School Journalism Class exception? How is that a thing...?!

I got that one wrong as well. Not much more you can do besides laugh. On the plus side, it's so ridiculous you won't forget it.

Another fun question was about prayer before legislative meetings. I said that it violated the Establishment Clause / Lemon Test. Answer: Yes, it does violate the Establishment Clause / Lemon Test, but such prayers are tradition and therefore we'll allow it.

[kyle010723]

High School Journalism Class exception? How is that a thing...?!

I got that one wrong as well. Not much more you can do besides laugh. On the plus side, it's so ridiculous you won't forget it.

Another fun question was about prayer before legislative meetings. I said that it violated the Establishment Clause / Lemon Test. Answer: Yes, it does violate the Establishment Clause / Lemon Test, but such prayers are tradition and therefore we'll allow it.

Yea, because the justification of having a "long history" is clearly the best constitutional argument

[Danger Zone]

Been CRUSHING the mixed sets

1: 36/50
2: 35/50
3: 38/50

Ready to take the barzam TODAY. Fuck it, let's goooo

[kyle010723]

Been CRUSHING the mixed sets

1: 36/50
2: 35/50
3: 38/50

Ready to take the barzam TODAY. Fuck it, let's goooo

Haha, same. Mixed sets are definitely confidence boosters

[Good Guy Gaud]

Been CRUSHING the mixed sets

1: 36/50
2: 35/50
3: 38/50

Ready to take the barzam TODAY. Fuck it, let's goooo

Best save last 2 brochacho

[Good Guy Gaud]

High School Journalism Class exception? How is that a thing...?!

I got that one wrong as well. Not much more you can do besides laugh. On the plus side, it's so ridiculous you won't forget it.

Another fun question was about prayer before legislative meetings. I said that it violated the Establishment Clause / Lemon Test. Answer: Yes, it does violate the Establishment Clause / Lemon Test, but such prayers are tradition and therefore we'll allow it.

Yea I got both of those wrong too

[Kage3212]

Does the evidence rule where you can state that the victim was the first aggressor only apply in homicide cases, or battery cases as well>

[Danger Zone]

Been CRUSHING the mixed sets

1: 36/50
2: 35/50
3: 38/50

Ready to take the barzam TODAY. Fuck it, let's goooo

Best save last 2 brochacho

Got 7 of em, been doing one a day

[Good Guy Gaud]

Been CRUSHING the mixed sets

1: 36/50
2: 35/50
3: 38/50

Ready to take the barzam TODAY. Fuck it, let's goooo

Best save last 2 brochacho

Got 7 of em, been doing one a day

7!?

tybDangerZone. I thought there was only 5 because my PSP only assigns 5 of them.

figures. LOLBarBri

[kyle010723]

7!?

tybDangerZone. I thought there was only 5 because my PSP only assigns 5 of them.

figures. LOLBarBri

My PSP only assigns 2. I am doing all 7 for fun.

[Danger Zone]

Yeah my PSP only assigned 4. Fuck em, trying to hide the ball and shit.

For those who couldn't find it, from your PSP, click the Settings wheel at the top right, then Enrolled Student Center, then Practice Questions (under Additional Bar Review Materials on the left)

[Learned Throw Hands]

Been CRUSHING the mixed sets

1: 36/50
2: 35/50
3: 38/50

Ready to take the barzam TODAY. Fuck it, let's goooo

How do you feel when you do the essays? I'm in the same range on the mixed sets and the Emmanuals but when I sit down and do an essay I'm always missing issues and my rule statements are all garbled. I just can't gauge how everyone else is gonna do on the essays. fuck.

[Kage3212]

Not a single mixed set assigned here in PA.

[Danger Zone]

Been CRUSHING the mixed sets

1: 36/50
2: 35/50
3: 38/50

Ready to take the barzam TODAY. Fuck it, let's goooo

How do you feel when you do the essays? I'm in the same range on the mixed sets and the Emmanuals but when I sit down and do an essay I'm always missing issues and my rule statements are all garbled. I just can't gauge how everyone else is gonna do on the essays. fuck.

Yeah, I've only ever outlined essays but I always feel like I fucked up big time. Missed issues, misstating rules, forgetting elements.

Whatever man. We're all gonna make it.

[thewaterlanding]

In Texas. Doing an essay on partnership and what "clauses" are valid in an agreement. One clause stated that the contracted away the duty of care and good faith unless willful and wanton conduct. I answered that this was valid because the only clause that you cannot waive is the duty of loyalty. I looked at the "sample answers" on the BLE website and all the answers said it was valid because you can limit. They went on to say that you cannot eliminate these. So, can you eliminate duty of care and good faith, so long as you don't eliminate duty of loyalty?

Thanks

[Good Guy Gaud]

Been CRUSHING the mixed sets

1: 36/50
2: 35/50
3: 38/50

Ready to take the barzam TODAY. Fuck it, let's goooo

How do you feel when you do the essays? I'm in the same range on the mixed sets and the Emmanuals but when I sit down and do an essay I'm always missing issues and my rule statements are all garbled. I just can't gauge how everyone else is gonna do on the essays. fuck.

Yeah, I've only ever outlined essays but I always feel like I fucked up big time. Missed issues, misstating rules, forgetting elements.

Whatever man. We're all gonna make it.

I think it has been established that how we all do on essays is primarily based on luck.

[kyle010723]

Been CRUSHING the mixed sets

1: 36/50
2: 35/50
3: 38/50

Ready to take the barzam TODAY. Fuck it, let's goooo

How do you feel when you do the essays? I'm in the same range on the mixed sets and the Emmanuals but when I sit down and do an essay I'm always missing issues and my rule statements are all garbled. I just can't gauge how everyone else is gonna do on the essays. fuck.

Yeah, I've only ever outlined essays but I always feel like I fucked up big time. Missed issues, misstating rules, forgetting elements.

Whatever man. We're all gonna make it.

I think it has been established that how we all do on essays is primarily based on luck.

+1... I've concluded I just cannot do anything meaningful to improve my essay score at this point.

[brotherdarkness]

Been CRUSHING the mixed sets

1: 36/50
2: 35/50
3: 38/50

Ready to take the barzam TODAY. Fuck it, let's goooo

How do you feel when you do the essays? I'm in the same range on the mixed sets and the Emmanuals but when I sit down and do an essay I'm always missing issues and my rule statements are all garbled. I just can't gauge how everyone else is gonna do on the essays. fuck.

Yeah, I've only ever outlined essays but I always feel like I fucked up big time. Missed issues, misstating rules, forgetting elements.

Whatever man. We're all gonna make it.

I think it has been established that how we all do on essays is primarily based on luck.

It's just nice to keep reminding each other that we're all equally fucked on the essays and that we're all going to make it anyway.

Reading Barbri's sample answers gives me a headache. Give me something realistic, not something written by a team of monkeys who have unlimited time and the rules sitting next to them. Whatever tho, I've got dat ARMADILLO METHOD.

[Good Guy Gaud]

that fucking armadillo

[kyle010723]

Only if that Armadillo is from Texas!

[murray18]

It's just nice to keep reminding each other that we're all equally fucked on the essays and that we're all going to make it anyway.

Reading Barbri's sample answers gives me a headache. Give me something realistic, not something written by a team of monkeys who have unlimited time and the rules sitting next to them. Whatever tho, I've got dat ARMADILLO METHOD.

Hey, this is the exact brand of reassurance I need. Half of my rule statements end up being like "for adverse possession, the guy can't be ok with having an asshole on his land. Also, he has to be there for the statutory period. There are probably other elements too."

Here's to not being the slowest gazelle!

[Neff]

In Texas. Doing an essay on partnership and what "clauses" are valid in an agreement. One clause stated that the contracted away the duty of care and good faith unless willful and wanton conduct. I answered that this was valid because the only clause that you cannot waive is the duty of loyalty. I looked at the "sample answers" on the BLE website and all the answers said it was valid because you can limit. They went on to say that you cannot eliminate these. So, can you eliminate duty of care and good faith, so long as you don't eliminate duty of loyalty?

Thanks

I believe after the 2013 amendment to the law, you can eliminate everything except for the duty of loyalty. At least that's what I'm going to say...

[jamescastle]

In Texas. Doing an essay on partnership and what "clauses" are valid in an agreement. One clause stated that the contracted away the duty of care and good faith unless willful and wanton conduct. I answered that this was valid because the only clause that you cannot waive is the duty of loyalty. I looked at the "sample answers" on the BLE website and all the answers said it was valid because you can limit. They went on to say that you cannot eliminate these. So, can you eliminate duty of care and good faith, so long as you don't eliminate duty of loyalty?

Thanks

Yeah we talked about that earlier in this thread (me and BVest I think if you want to search either of our posts). Anyway, it was changed after Freer's lecture handout.
In essence, though, you can see the change. Go to your Information tab. Click on "Summer 2015 Errata." You'll get a pdf that says:

[+] Spoiler

BUSINESS ASSOCIATIONS ANSWER:
Page/Ans. # Text
18/22.(1) Delete the second paragraph at 22.(1) and substitute the following:
The second issue is whether the partnership agreement is valid. Partners may not
eliminate their duty of loyalty; thus, that aspect of clause (i) was invalid. Clause (ii)
operates as an indemnification agreement among the partners, but not as a shield
against liability to partnership creditors. Partners are jointly and severally liable to
third parties for partnership obligations and may not limit that liability without a third
party’s consent. Thus, the agreement was only partially valid.
[Note: A recent change to the TBOC allows partners to eliminate the duty of care.]

Let me know if that's a copyright problem and I'll edit/delete this post.