BarBri Bar Review Hangout - July 2015 Exam Forum

[bluewin888]

5. A woman from State A filed an action against a retailer in a
state court in State B. The complaint alleged that the retailer
had not delivered $100,000 worth of goods for which the
woman had paid.
Twenty days after being served, the retailer, which is incorporated
in State C and has its principal place of business in
State B, filed a notice of removal in a federal district court in
State B.
Was the action properly removed?
(A) No, because the notice of removal was not timely filed.
(B) No, because the retailer is a citizen of State B.
(C) Yes, because the parties are citizens of different states
and more than $75,000 is in controversy.
(D) Yes, because the retailer is a citizen of both State B
and State C.

It is from MBE sample; how do you do this one and why? I thought it is so easy..but got wrong.

[Rudolph]

I thought I had this down pat, but now I'm not sure that I understand where venue is proper. I understand the two part test: venue is proper i) where a substantial part of the events giving rise to the claim took place; and ii) the district where any defendant resides, if all defendants reside in the state where that district is located.

The second prong is confusing to me. If all defendants don't reside in the same state, then do we just ignore prong #2? And does "reside" mean "domicile"? I feel like sometimes we're supposed to consider personal jdx, but sometimes we dont..? (See Q54 MBE Refresher) Can someone clarify?

Venue is a three-part test.

First, are all Ds residents of the same state? If so, any district where one of those Ds is residing is proper.

If not, second step. Where did the issue giving rise to the suit occur? Venue is proper in that district.

And if you can't lay venue in either, then venue is proper wherever any D is subject to PJ.

As far as reside and venue, it's different than PJ. For venue, a defendant resides wherever it is subject to PJ. For PJ, a defendant resides in only two places (place of incorporation and nerve center)

This last part isn't quite right. For venue purposes, a natural person resides in his domicile. A corporation or other business entity resides wherever it's subject to PJ (general or specific) for this lawsuit.

I think this is right, and thus why I haven't encountered the PJ issue until now -- most questions I've seen from Barbri on venue are just about individuals, so I skated by without understanding the domicile/reside nuance. And yea, the question I referenced is the one described by the poster above. Thanks for the help all.

[musicfor18]

5. A woman from State A filed an action against a retailer in a
state court in State B. The complaint alleged that the retailer
had not delivered $100,000 worth of goods for which the
woman had paid.
Twenty days after being served, the retailer, which is incorporated
in State C and has its principal place of business in
State B, filed a notice of removal in a federal district court in
State B.
Was the action properly removed?
(A) No, because the notice of removal was not timely filed.
(B) No, because the retailer is a citizen of State B.
(C) Yes, because the parties are citizens of different states
and more than $75,000 is in controversy.
(D) Yes, because the retailer is a citizen of both State B
and State C.

It is from MBE sample; how do you do this one and why? I thought it is so easy..but got wrong.

The answer is (B). The retailer can't remove because it's a diversity case, and the retailer is a citizen of the forum state (State B).

[Tiago Splitter]

I assume the retailer can't remove because it got sued in one of its home states.

[brotherdarkness]

I thought I had this down pat, but now I'm not sure that I understand where venue is proper. I understand the two part test: venue is proper i) where a substantial part of the events giving rise to the claim took place; and ii) the district where any defendant resides, if all defendants reside in the state where that district is located.

The second prong is confusing to me. If all defendants don't reside in the same state, then do we just ignore prong #2? And does "reside" mean "domicile"? I feel like sometimes we're supposed to consider personal jdx, but sometimes we dont..? (See Q54 MBE Refresher) Can someone clarify?

Venue is a three-part test.

First, are all Ds residents of the same state? If so, any district where one of those Ds is residing is proper.

If not, second step. Where did the issue giving rise to the suit occur? Venue is proper in that district.

And if you can't lay venue in either, then venue is proper wherever any D is subject to PJ.

As far as reside and venue, it's different than PJ. For venue, a defendant resides wherever it is subject to PJ. For PJ, a defendant resides in only two places (place of incorporation and nerve center)

This last part isn't quite right. For venue purposes, a natural person resides in his domicile. A corporation or other business entity resides wherever it's subject to PJ (general or specific) for this lawsuit.

Yeah that's right, sorry. So residency of individuals is basically the same for purposes of both venue and general PJ, the distinction only comes up when you're dealing with a corporation.

For residency of partnerships, they reside wherever any partner resides?

[buckythebadger]

5. A woman from State A filed an action against a retailer in a
state court in State B. The complaint alleged that the retailer
had not delivered $100,000 worth of goods for which the
woman had paid.
Twenty days after being served, the retailer, which is incorporated
in State C and has its principal place of business in
State B, filed a notice of removal in a federal district court in
State B.
Was the action properly removed?
(A) No, because the notice of removal was not timely filed.
(B) No, because the retailer is a citizen of State B.
(C) Yes, because the parties are citizens of different states
and more than $75,000 is in controversy.
(D) Yes, because the retailer is a citizen of both State B
and State C.

It is from MBE sample; how do you do this one and why? I thought it is so easy..but got wrong.

B. When all the defendant's reside in the same state and the action was filed in that state court, the defendant cannot remove based on diversity of citizenship. If this was a federal question, then removal would be proper.

[musicfor18]

5. A woman from State A filed an action against a retailer in a
state court in State B. The complaint alleged that the retailer
had not delivered $100,000 worth of goods for which the
woman had paid.
Twenty days after being served, the retailer, which is incorporated
in State C and has its principal place of business in
State B, filed a notice of removal in a federal district court in
State B.
Was the action properly removed?
(A) No, because the notice of removal was not timely filed.
(B) No, because the retailer is a citizen of State B.
(C) Yes, because the parties are citizens of different states
and more than $75,000 is in controversy.
(D) Yes, because the retailer is a citizen of both State B
and State C.

It is from MBE sample; how do you do this one and why? I thought it is so easy..but got wrong.

B. When all the defendant's reside in the same state and the action was filed in that state court, the defendant cannot remove based on diversity of citizenship. If this was a federal question, then removal would be proper.

Doesn't have to be all defendants. Removal isn't allowed if any defendant is a citizen of the forum state.

[buckythebadger]

B. When all the defendant's reside in the same state and the action was filed in that state court, the defendant cannot remove based on diversity of citizenship. If this was a federal question, then removal would be proper.

Doesn't have to be all defendants. Removal isn't allowed if any defendant is a citizen of the forum state.

Good catch.

[Guy Forget]

Freaking out a little.

Should I be worried?
Taking in NY.

65-75% on practice sets.
Simulated: 110/200 (I assume this was pure luck because I didn't study and was sick)
MBE Refresher: 60%

Why would you freak you? Barbri says the average for the refresher is 57%. So you're above average. Stop being a drama queen.

[mr.hands]

Freaking out a little.

Should I be worried?
Taking in NY.

65-75% on practice sets.
Simulated: 110/200 (I assume this was pure luck because I didn't study and was sick)
MBE Refresher: 60%

Why would you freak you? Barbri says the average for the refresher is 57%. So you're above average. Stop being a drama queen.

Really? The average is 57%? Where is this from because that's encouraging

[brotherdarkness]

Even if you're below average or whatever, freaking out isn't going to do you any good. The quiz is in a week, so do what you can for the next week and give it your all. Having a meltdown right now is not going to help.

[3|ink]

I've always assumed my barbri peers are the other barbri students sitting for the bar in my state. Is that right? Average completion is at less than 60%. Why are we such slackers?

[rinkrat19]

I've always assumed my barbri peers are the other barbri students sitting for the bar in my state. Is that right? Average completion is at less than 60%. Why are we such slackers?

It measures percentiles on the MPQs against thousands, and my state definitely does not have 2000+ people sitting for the exam, let alone taking Barbri. (I think around 300-350 take the exam here.)

My completion is low because I haven't done most of the essays or any of the mock tests (and their many many review lectures). When it became clear that the MPQs were so insane in their difficulty progression, I started spending a lot of my time on Emanuel and writing down rules from the Critical Pass cards instead, so my Barbri completion hasn't moved a ton.

[musicfor18]

Even if you're below average or whatever, freaking out isn't going to do you any good. The quiz is in a week, so do what you can for the next week and give it your all. Having a meltdown right now is not going to help.

I love how you called it a "quiz"!

[Good Guy Gaud]

I haven't logged onto my BarBri account in days...

Just kinda said fuck it and I'm gonna take this my way from here on out.

[old_soul]

Am I screwed that I've done only about a total of 1800 MBEs? My score was 128 on the Simulated.

I've been shifting my focus on the Essays right now, and have only done about 250ish or so MBEs since I took the Simulated exam. Thoughts?

[N.P.H.]

https://www.youtube.com/watch?v=cWleD1rrat4

[Guy Forget]

Freaking out a little.

Should I be worried?
Taking in NY.

65-75% on practice sets.
Simulated: 110/200 (I assume this was pure luck because I didn't study and was sick)
MBE Refresher: 60%

Why would you freak you? Barbri says the average for the refresher is 57%. So you're above average. Stop being a drama queen.

Really? The average is 57%? Where is this from because that's encouraging

The front of the MBE Practice Question book has averages for every question set and the refresher from last year as targets. It's usually around 50% or 1 question better than 50%. Plus their advice to remember that THOUSANDS OF STUDENTS PASS WITH BELOW AVERAGE SCORES.

[rinkrat19]

Plus their advice to remember that THOUSANDS OF STUDENTS PASS WITH BELOW AVERAGE SCORES.

Every time I read/hear that, I'm reminded that Oregon's minimum passing score is the national average. I'm so screwed.

[envisciguy]

Am I screwed that I've done only about a total of 1800 MBEs? My score was 128 on the Simulated.

I've been shifting my focus on the Essays right now, and have only done about 250ish or so MBEs since I took the Simulated exam. Thoughts?

This is a joke right?

[vulaw]

Am I screwed that I've done only about a total of 1800 MBEs? My score was 128 on the Simulated.

I've been shifting my focus on the Essays right now, and have only done about 250ish or so MBEs since I took the Simulated exam. Thoughts?

If you're screwed, I'm screwed. I've done like 1200 MBEs.

[Good Guy Gaud]

How do you guys know how many you've done?

[old_soul]

Am I screwed that I've done only about a total of 1800 MBEs? My score was 128 on the Simulated.

I've been shifting my focus on the Essays right now, and have only done about 250ish or so MBEs since I took the Simulated exam. Thoughts?

This is a joke right?

Nooo... not joking at all. My school recommends that people do at least 2400 mbes before game day. I have no idea how the hell that is possible if you intend to focus on doing well on the Essays. So I've been skipping days on my daily MBEs considering it counts for only 40 and most people who fail end up failing bc of the essays.

[old_soul]

How do you guys know how many you've done?

I keep count in an excel file. Update it daily or whenever I do new MBEs. The accuracy is maybe only like a 50 or so qs off, bc I sometimes don't add the random 5 or 6 questions I might do in a particular area to better understand the law.

[xChiTowNx]

Sign in, on the splash quote page, look for the "progress tab" and it should show it.