BarBri Bar Review Hangout - July 2015 Exam Forum

[Hutz_and_Goodman]

I love when I turned to the assigned essay for today (Evidence Essay#1) and read "In answering this question, assume it is July 2005 (when the question was originally asked)."

Why am I assigned a question where the applicable law has changed?????????

[xlawschoolhopefulx]

I love when I turned to the assigned essay for today (Evidence Essay#1) and read "In answering this question, assume it is July 2005 (when the question was originally asked)."

Why am I assigned a question where the applicable law has changed?????????

Just saw that. I personally don't know exactly how the law (or any law, for that matter) has changed since 2005, so...

[jamescastle]

I found myself wishing I had more time... but that means more of THIS. self hate meter slowly increases...

Same.
I'm torn between wanting the test to be tomorrow and me being done with it and the test being in another month so that I could feel like I was actually ready.

[Hutz_and_Goodman]

I love when I turned to the assigned essay for today (Evidence Essay#1) and read "In answering this question, assume it is July 2005 (when the question was originally asked)."

Why am I assigned a question where the applicable law has changed?????????

Just saw that. I personally don't know exactly how the law (or any law, for that matter) has changed since 2005, so...

my bad its just for SOL

[felonious monk]

I found myself wishing I had more time... but that means more of THIS. self hate meter slowly increases...

Same.
I'm torn between wanting the test to be tomorrow and me being done with it and the test being in another month so that I could feel like I was actually ready.

stockholm syndrome.

[DportIA]

Anyone else done the Emanuel's MBE Civ Pro online? I have been averaging 72-77% on the six other MBE subjects, and then just got a 30% on the Civ Pro (averaging like 60-70% on BARBRI civ pro). What the fuck?

[errmsg]

I've heard from multiple people that they feel that the Emmanuel questions are harder, and not just for Civ Pro. I really hope that is NOT the case..

[kmp127]

Who cares if I'm strictly liable, if my pet bear speaks sanskrit, I am RICH!

Enjoying Shonholtz @ 1.75x today

[kmp127]

Who cares if I'm strictly liable, if my pet bear speaks sanskrit, I am RICH!

Enjoying Shonholtz @ 1.75x today

[Please note sarcasm with use of the term "enjoying"]

[kyle010723]

Anyone else done the Emanuel's MBE Civ Pro online? I have been averaging 72-77% on the six other MBE subjects, and then just got a 30% on the Civ Pro (averaging like 60-70% on BARBRI civ pro). What the fuck?

My Emanuel civ pro was a 20% drop as compared to MPQ

[charlesxavier]

Can anybody explain duty to mitigate on the buyer's part.

I understand if you're a seller of apples and the buyer repudiates but you could resell them for 10% less and don't your damages are limited to 10%.
I'm trying to figure out an essay question where the facts are as follows:

Buyer agrees to buy Premium Super Bowl tickets for $1,000
Buyer contracts with 3rd Party to sell those tickets for $1,100.
Prices go up to $2,500 and Seller Repudiates
Buyer has chance to buy Non-Premium tickets for $1,000 and doesn't.
Buyer sues for damages.

[musicfor18]

Can anybody explain duty to mitigate on the buyer's part.

I understand if you're a seller of apples and the buyer repudiates but you could resell them for 10% less and don't your damages are limited to 10%.
I'm trying to figure out an essay question where the facts are as follows:

Buyer agrees to buy Premium Super Bowl tickets for $1,000
Buyer contracts with 3rd Party to sell those tickets for $1,100.
Prices go up to $2,500 and Seller Repudiates
Buyer has chance to buy Non-Premium tickets for $1,000 and doesn't.
Buyer sues for damages.

Generally, you subtract avoidable damages from the P's award of damages. But the duty to mitigate only extends to reasonable substitutes, so I don't think the buyer would have a duty to mitigate here by purchasing the non-premium tickets because they're not a reasonable substitute for premium tickets. I didn't read the essay you're referring to here; I'm just going off of the facts you provided.

[charlesxavier]

Can anybody explain duty to mitigate on the buyer's part.

I understand if you're a seller of apples and the buyer repudiates but you could resell them for 10% less and don't your damages are limited to 10%.
I'm trying to figure out an essay question where the facts are as follows:

Buyer agrees to buy Premium Super Bowl tickets for $1,000
Buyer contracts with 3rd Party to sell those tickets for $1,100.
Prices go up to $2,500 and Seller Repudiates
Buyer has chance to buy Non-Premium tickets for $1,000 and doesn't.
Buyer sues for damages.

Generally, you subtract avoidable damages from the P's award of damages. But the duty to mitigate only extends to reasonable substitutes, so I don't think the buyer would have a duty to mitigate here by purchasing the non-premium tickets because they're not a reasonable substitute for premium tickets. I didn't read the essay you're referring to here; I'm just going off of the facts you provided.

Thanks, that's what I thought. That was basically all the info provided. I was outlining the question and had a bullet point for discussing how it was premium vs non-premium. The answer just basically said he recovers nothing because he could have bought the lower quality tickets and resold them. That seemed like a stretch to me.

[jas31]

That "MBE Refresher" was pretty ridiculous. I scored a 150 on the practice MBE, but then dropped to 65/100 for the refresher.

[kmp127]

I'm not doing well trying to understand Commercial paper (enough to issue spot and write an essay on). Never took the class, law school was 8+ years ago, I feel like I'm starting from scratch trying to learn a foreign language in a very short amt of time...

Any tips?

[rhs100]

NY people are you doing the [stupid] NY MC questions? Is it even worth it? I did some but I feel like they are waste of time but then scared not to do them too

[sharklet]

Are the NYMC questions fake too or are they from actual prior bar exams?

[BVest]

That "MBE Refresher" was pretty ridiculous. I scored a 150 on the practice MBE, but then dropped to 65/100 for the refresher.

I went from 132 on practice MBE to 65/100 on refresher, so not really a drop. But both those were down from the 75-80% range I'd been hitting on 50 question mixed sets, so that's annoying. That one about the brother and sister as JTWROS was especially obnoxious.

Oh, and I'm scoring right about 65% on each subject, so there's no limited list of subjects I can focus on to improve my MBE. Therefore I'm just working on essays now while working the assigned 18-question set (without review) to keep "fresh."

[charlesxavier]

I'm not doing well trying to understand Commercial paper (enough to issue spot and write an essay on). Never took the class, law school was 8+ years ago, I feel like I'm starting from scratch trying to learn a foreign language in a very short amt of time...

Any tips?

I was in a similar position on Wednesday and spent the morning freaking out. Then I just sat down with the CMR and went through slowly. Basically, limit what you focus on. I started off with: who has the right to enforce an agreement? Then: what defenses can be used against them? There are only so many things that can be tested. Basically: negotiability, hdc, warranties, statute of limitations and forgery.

[kmp127]

I'm not doing well trying to understand Commercial paper (enough to issue spot and write an essay on). Never took the class, law school was 8+ years ago, I feel like I'm starting from scratch trying to learn a foreign language in a very short amt of time...

Any tips?

I was in a similar position on Wednesday and spent the morning freaking out. Then I just sat down with the CMR and went through slowly. Basically, limit what you focus on. I started off with: who has the right to enforce an agreement? Then: what defenses can be used against them? There are only so many things that can be tested. Basically: negotiability, hdc, warranties, statute of limitations and forgery.

Thanks! Hitting CMR now... slow and steady (with lots of twizzlers and cookies on hand for freak out moments sure to come)

[xlawschoolhopefulx]

Are the NYMC questions fake too or are they from actual prior bar exams?

Emailed barbri to ask if these are realistic or if they are stupidly hard just to scare us. Their response basically indicated that they don't expect us to get much higher than 50% on them. So yes, the real questions are as tedious and ridiculous as the NYMC barbri provides and it basically is a crapshoot. Luckily they only count for about 10% of our score and everyone out there is also randomly guessing.

[kmp127]

TX ppl - BUS ORGS question for you please...

Does a shareholder have preemptive rights to buy the % shares equaling his % ownership OR to buy the # of shares that would allow him to keep his % ownership.

Example - TXT Sample Bus Orgs Essay number 28 - I answered he has a right to buy 500 out of the 3000 shares because that would allow him to keep his 10% stake in the company. Because the other 2000 issued are for compensation and property, he can't dip into that stack - but he can dip into the 3000 for his 500.

But the sample answer says he owns 10% so he can buy 10% of the 3000 = 300 shares.

The issue that comes to mind is that now, the company will have issued 10,000 shares. And previously this guy owned 10% but now he'll only own 8% because he was only allowed to buy 10% of the 3000... isn't the whole purpose of these rights for shareholders to maintain their stake?

Suppose the facts changed and 3000 were being issued for compensation and 1000 for property and 1000 for money. Would he only be allowed to buy 100 shares out of the 1000 issued for money? Thus leaving him with just 6% stake in the company when before he had 10%?

[myrtlewinston]

Re: 75% Completion
75% of AMP + 75% of PSP + 3 essays + Simulated MBE

I've been plodding through Civ Pro today. Slowly. Throw in the towel?

[Good Guy Gaud]

^ Yea, it's Friday. Take a break.



I did the MEE 1 practice exam today and crushed it. BarBri building up confidence. . . for once.

[jamescastle]

TX ppl - BUS ORGS question for you please...

Does a shareholder have preemptive rights to buy the % shares equaling his % ownership OR to buy the # of shares that would allow him to keep his % ownership.

Example - TXT Sample Bus Orgs Essay number 28 - I answered he has a right to buy 500 out of the 3000 shares because that would allow him to keep his 10% stake in the company. Because the other 2000 issued are for compensation and property, he can't dip into that stack - but he can dip into the 3000 for his 500.

But the sample answer says he owns 10% so he can buy 10% of the 3000 = 300 shares.

The issue that comes to mind is that now, the company will have issued 10,000 shares. And previously this guy owned 10% but now he'll only own 8% because he was only allowed to buy 10% of the 3000... isn't the whole purpose of these rights for shareholders to maintain their stake?

Suppose the facts changed and 3000 were being issued for compensation and 1000 for property and 1000 for money. Would he only be allowed to buy 100 shares out of the 1000 issued for money? Thus leaving him with just 6% stake in the company when before he had 10%?

The two notes I have on pre-emptive rights (haven't done that essay yet) are:
1) If the certificate is silent as to pre-emptive rights there are no pre-emptive rights
2) The right of an existing shareholder of common stock to maintain his percentage of ownership by buying stock whenever there is a new issuance of stock for money
So from my understanding it would mean he gets to buy stock in order to keep his percentage which I think is based on outstanding shares. Which leads me to believe more in your answer of 500 as opposed to 300.