BarBri Bar Review Hangout - July 2015 Exam Forum

[murray18]

Just did Emanuel's A.M. and got 68/100. Honestly was expecting better. 128/200 on simulated. Not really sure what else to do to improve - I feel like on the real one performance will be worse due to anxiety.

What do you guys think?

I did the Emanuel's A.M. today too and got almost exactly the same number (69/100). I'm at a bit of a loss, because I expected a bit better too. Seemed like the questions had a different feel than Barbri's, so my hope is that I just needed to adjust, and that I'll do better on the P.M. later this week.

Best I can tell, the best thing to do is just review the ones you got wrong and move on. Realistically, 68% is going to pass in most (if not all) states.

Thanks, that's assuring. Yeah the format was a little uncomfortable at times, and these are the actual questions! Did you find it particularly true for Evidence? Because I thought there were Evidence questions Barbri didn't cover (at least not in lecture).

Also, remember these are raw scores and points will be added.

Is there a consensus on how many points we can expect to add to the raw score? I've heard a pretty wide range...

[kyle010723]

Is there a consensus on how many points we can expect to add to the raw score? I've heard a pretty wide range...

15 is a common number

[Benjamin1987]

I'm feeling VERY discouraged right now.

I'm working on the old Texas Real Property essays, and discovering I am very unprepared. Of course, I nailed the three essays Barbri assigned but as far as the other FORTY go, I have never seen most of this law before. Is this supposed to be happening? I'm about to punch a baby.

[brotherdarkness]

I'm feeling VERY discouraged right now.

I'm working on the old Texas Real Property essays, and discovering I am very unprepared. Of course, I nailed the three essays Barbri assigned but as far as the other FORTY go, I have never seen most of this law before. Is this supposed to be happening? I'm about to punch a baby.

My essay performance varies wildly from question to question. It's impossible to know ALL of the law, so I'm just crossing my fingers and hoping I get lucky on game day.

[Good Guy Gaud]

I'm feeling VERY discouraged right now.

I'm working on the old Texas Real Property essays, and discovering I am very unprepared. Of course, I nailed the three essays Barbri assigned but as far as the other FORTY go, I have never seen most of this law before. Is this supposed to be happening? I'm about to punch a baby.

My essay performance varies wildly from question to question. It's impossible to know ALL of the law, so I'm just crossing my fingers and hoping I get lucky on game day.

This has got to be everyone's gameplan.

Anyone else banking on that one admin's predictions? Lol

[kyle010723]

I'm feeling VERY discouraged right now.

I'm working on the old Texas Real Property essays, and discovering I am very unprepared. Of course, I nailed the three essays Barbri assigned but as far as the other FORTY go, I have never seen most of this law before. Is this supposed to be happening? I'm about to punch a baby.

My essay performance varies wildly from question to question. It's impossible to know ALL of the law, so I'm just crossing my fingers and hoping I get lucky on game day.

This has got to be everyone's gameplan.

Anyone else banking on that one admin's predictions? Lol

Keep that Admin to TX, I dont want anything to do with admin...

[Outis Onoma]

Love when the barbri model essay answers mostly focus on the MPC, when they never discussed the MPC in the lecture notes. Too late to learn it now.

[kyle010723]

So good news folks, ExamSoft has an alarm/timer function (assuming your state enable it)... what a serendipity...

[kykiske]

Random thought when jamming to Taylor Swift in the shower:

Let's say you score a 130/200 on Barbri's simulated MBE. And because of the "Barbri" effect, on exam day, you score a 140/200. Then, you get 15 points added to your scaled score. 155/200 scaled.

[Good Guy Gaud]

Random thought when jamming to Taylor Swift in the shower:

Let's say you score a 130/200 on Barbri's simulated MBE. And because of the "Barbri" effect, on exam day, you score a 140/200. Then, you get 15 points added to your scaled score. 155/200 scaled.

Isn't that supposed to be AUTOPASS territory ?

[brotherdarkness]

Random thought when jamming to Taylor Swift in the shower:

Let's say you score a 130/200 on Barbri's simulated MBE. And because of the "Barbri" effect, on exam day, you score a 140/200. Then, you get 15 points added to your scaled score. 155/200 scaled.

Isn't that supposed to be AUTOPASS territory ?

In basically every state but CA.

(salty CA Bar taker here)

[kyle010723]

Random thought when jamming to Taylor Swift in the shower:

Let's say you score a 130/200 on Barbri's simulated MBE. And because of the "Barbri" effect, on exam day, you score a 140/200. Then, you get 15 points added to your scaled score. 155/200 scaled.

In what song did Tay mention anything about Barbri and scores...?

[Charger]

Has anyone done Civ Pro Essay 7 yet? I got tripped up here cause I was under the impression that federal courts have exclusive jurisdiction over certain cases, including patent infringement and bankruptcy. This essay involves state courts and patent infringement. Now I'm all sorts of confused about the answer to this essay. Can anyone help?

[brotherdarkness]

Can someone explain how double jeopardy and appeals work?

If the state charges John with a crime and John is found innocent by the trial court, is the state prohibited from appealing the decision?

[Tiago Splitter]

Can someone explain how double jeopardy and appeals work?

If the state charges John with a crime and John is found innocent by the trial court, is the state prohibited from appealing the decision?

yeah in the US the state is done when the guy is acquitted.

[kykiske]

Random thought when jamming to Taylor Swift in the shower:

Let's say you score a 130/200 on Barbri's simulated MBE. And because of the "Barbri" effect, on exam day, you score a 140/200. Then, you get 15 points added to your scaled score. 155/200 scaled.

In what song did Tay mention anything about Barbri and scores...?

https://www.youtube.com/watch?v=8xg3vE8Ie_E

[kyle010723]

Can someone explain how double jeopardy and appeals work?

If the state charges John with a crime and John is found innocent by the trial court, is the state prohibited from appealing the decision?

Assuming jeopardy attached, the state can only bring a lesser charge against the Defendant. I.e. if a murder conviction got reversed and remanded, state can only bring a manslaughter charge against the Defendant.

Or in your case if he was found innocent, the state is done.

[BVest]

Random thought when jamming to Taylor Swift in the shower:

This sounded like a euphemism.

[kyle010723]

Random thought when jamming to Taylor Swift in the shower:

Let's say you score a 130/200 on Barbri's simulated MBE. And because of the "Barbri" effect, on exam day, you score a 140/200. Then, you get 15 points added to your scaled score. 155/200 scaled.

In what song did Tay mention anything about Barbri and scores...?

https://www.youtube.com/watch?v=8xg3vE8Ie_E

To clarify, the MBE would be Romeo? Cause obviously this is very important and one must know to own the bar.

[kykiske]

Random thought when jamming to Taylor Swift in the shower:

Let's say you score a 130/200 on Barbri's simulated MBE. And because of the "Barbri" effect, on exam day, you score a 140/200. Then, you get 15 points added to your scaled score. 155/200 scaled.

In what song did Tay mention anything about Barbri and scores...?

https://www.youtube.com/watch?v=8xg3vE8Ie_E

To clarify, the MBE would be Romeo? Cause obviously this is very important and one must know to own the bar.

Yeah, MBE is Romeo. Applicant (i.e. us) is the Juliet.

[BVest]

Can someone explain how double jeopardy and appeals work?

If the state charges John with a crime and John is found innocent by the trial court, is the state prohibited from appealing the decision?

Assuming jeopardy attached, the state can only bring a lesser charge against the Defendant. I.e. if a murder conviction got reversed and remanded, state can only bring a manslaughter charge against the Defendant.

No. If a murder conviction gets reversed and remanded, the state can bring the murder charge again. What you're thinking of is that if the state brings a murder charge and the D is convicted of manslaughter. If the D appeals the manslaughter conviction and the case gets reversed and remanded, the state can bring a manslaughter charge but not the original murder charge. The reason for that is that when he was tried for murder and convicted of manslaughter, he was implicitly acquitted of murder... so he can't be tried for murder again (ETA: because jeopardy has attached with respect to murder by virtue of the implicit acquittal).

[kyle010723]

Assuming jeopardy attached, the state can only bring a lesser charge against the Defendant. I.e. if a murder conviction got reversed and remanded, state can only bring a manslaughter charge against the Defendant.

No. If a murder conviction gets reversed and remanded, the state can bring the murder charge again. What you're thinking of is that if the state brings a murder charge and the D is convicted of manslaughter. If the D appeals the manslaughter conviction and the case gets reversed and remanded, the state can bring a manslaughter charge but not the original murder charge. The reason for that is that when he was tried for murder and convicted of manslaughter, he was implicitly acquitted of murder... so he can't be tried for murder again.

That's it, everything just kind of blurred together after a while.

[brotherdarkness]

Any problems using issue preclusion between criminal and civil cases. Example: State charges Dave with murder of Victoria. Dave is found guilty of murdering Victoria. Now Victoria's estate wants to bring a wrongful death action (or something) against Dave. Victoria's estate can use offensive collateral estoppel to conclusively establish that Dave did in fact kill Victoria?

[Tiago Splitter]

Any problems using issue preclusion between criminal and civil cases. Example: State charges Dave with murder of Victoria. Dave is found guilty of murdering Victoria. Now Victoria's estate wants to bring a wrongful death action (or something) against Dave. Victoria's estate can use offensive collateral estoppel to conclusively establish that Dave did in fact kill Victoria?

Yep. Fine to use offensively as long as not unfair to the other side. Would be ok there.

[3|ink]

Any problems using issue preclusion between criminal and civil cases. Example: State charges Dave with murder of Victoria. Dave is found guilty of murdering Victoria. Now Victoria's estate wants to bring a wrongful death action (or something) against Dave. Victoria's estate can use offensive collateral estoppel to conclusively establish that Dave did in fact kill Victoria?

I think I remember Freer saying that was okay in federal court. But it may vary by the state. For instance, my state requires mutuality of parties for issue preclusion.