BarBri Bar Review Hangout - July 2015 Exam

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BVest
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby BVest » Mon Jul 13, 2015 1:18 am

jamescastle wrote:I just did a business associations question from yesterday's BARBRI assignment (in Texas if that matters).

Essay #22.
The model answer says "Partners may not eliminate their duties of loyalty, care, and good faith;..." but the CMR says (p. 5 in Partnerships and LLCs) that "The partnership agreement may limit or eliminate a partner's liability to the partnership or other partners. However, a partner's liability for the following acts cannot be limited: (i) beach of the duty of loyalty; ...". My notes have the duty of loyalty cannot be eliminated but that the other two can. Can someone clarify?
Thanks.



Yeah, I mentioned this yesterday. According to Sokolow's lecture, partners can limit/eliminate duties of care and good faith by agreement. Further, both Conviser and the full outline mention that one may not eliminate the duty of loyalty, but do not address the other duties.

BUT, TBOC 152.002 says, in part:

(b) A partnership agreement or the partners may not:
(1) unreasonably restrict a partner's right of access to books and records under Section 152.212;
(2) eliminate the duty of loyalty under Section 152.205, except that the partners by agreement may identify specific types of activities or categories of activities that do not violate the duty of loyalty if the types or categories are not manifestly unreasonable;
(3) eliminate the duty of care under Section 152.206, except that the partners by agreement may determine the standards by which the performance of the obligation is to be measured if the standards are not manifestly unreasonable;
(4) eliminate the obligation of good faith under Section 152.204(b), except that the partners by agreement may determine the standards by which the performance of the obligation is to be measured if the standards are not manifestly unreasonable;
. . . .


This section of TBOC is new, having replaced the Texas Revised Partnership Act. As a result, there's not a lot of case law on the TBOC language and I'm too tired to dig into cases based off the old act.

Anyway, it looks like Sokolow may have been wrong regarding elimination of the duties of care/good faith, but that you could limit them.

jamescastle
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby jamescastle » Mon Jul 13, 2015 1:32 am

Sorry for the doublequestion then; didn't notice it yesterday since I'm so far behind on my PSP. Thanks.

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RaleighStClair
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby RaleighStClair » Mon Jul 13, 2015 3:40 am

Legit just got 6/18 on Torts Set 5. What the fuck was that?

kyle010723
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby kyle010723 » Mon Jul 13, 2015 3:45 am

RaleighStClair wrote:Legit just got 6/18 on Torts Set 5. What the fuck was that?


Next time when you drive a truck full of radioactive wastes and crashed, you better check for rattlesnakes before you run for your life... #WhateverItTakes

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charlesxavier
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby charlesxavier » Mon Jul 13, 2015 7:22 am

Man, those MPQ Set 5 Percentile Ranks are rough...and I hit the "goals"

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Learned Throw Hands
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby Learned Throw Hands » Mon Jul 13, 2015 7:29 am

Where do we find the Set 5 goals? I hit 70% on Ks (usually one of my worst subjects) and then 50% on Evidence and Torts (usually my best subjects). I fucking hate BARBRI I should have taken Kaplan or something.

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charlesxavier
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby charlesxavier » Mon Jul 13, 2015 7:40 am

Learned Throw Hands wrote:Where do we find the Set 5 goals? I hit 70% on Ks (usually one of my worst subjects) and then 50% on Evidence and Torts (usually my best subjects). I fucking hate BARBRI I should have taken Kaplan or something.


They're in the front of the MBE Practice Questions Book--and somewhere online (maybe somewhere in the enrolled student center).

Torts was 9/18, Evidence was 10/18, and Contracts was 9/18

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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby HLBE689 » Mon Jul 13, 2015 8:01 am

kyle010723 wrote:
RaleighStClair wrote:Legit just got 6/18 on Torts Set 5. What the fuck was that?


Next time when you drive a truck full of radioactive wastes and crashed, you better check for rattlesnakes before you run for your life... #WhateverItTakes


one of my fave questions so far had to be the property one on the simulated MBE with incorrect boundary lines - wtf? Are we taking an architecture licensing exam?

Barbro
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby Barbro » Mon Jul 13, 2015 8:05 am

For anyone watching the MBE refresher with Sambito, wtf is the grid she keeps referring to? Did I miss something?

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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby blackcup » Mon Jul 13, 2015 8:10 am

Am I allowed to tear pages out of the CMR? as long as I return everything will I get my deposit back?

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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby kyle010723 » Mon Jul 13, 2015 8:19 am

HLBE689 wrote:one of my fave questions so far had to be the property one on the simulated MBE with incorrect boundary lines - wtf? Are we taking an architecture licensing exam?


Or a geometry exam! haha. I saw that and thought that was one of those experimental questions. But then Barbri counted every single question, so nope, not an experimental question.

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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby rickgrimes69 » Mon Jul 13, 2015 8:44 am

kyle010723 wrote:
HLBE689 wrote:one of my fave questions so far had to be the property one on the simulated MBE with incorrect boundary lines - wtf? Are we taking an architecture licensing exam?


Or a geometry exam! haha. I saw that and thought that was one of those experimental questions. But then Barbri counted every single question, so nope, not an experimental question.


When I saw that I laughed and just skipped it. Snowball's chance in hell that we ever see anything like that on the actual MBE.

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Danger Zone
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby Danger Zone » Mon Jul 13, 2015 9:00 am

kyle010723 wrote:
HLBE689 wrote:one of my fave questions so far had to be the property one on the simulated MBE with incorrect boundary lines - wtf? Are we taking an architecture licensing exam?


Or a geometry exam! haha. I saw that and thought that was one of those experimental questions. But then Barbri counted every single question, so nope, not an experimental question.

That was my favorite question. Easy point without having to know any law. Just draw a square and you're done.

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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby DesperadoOfColumbia » Mon Jul 13, 2015 9:14 am

Learned Throw Hands wrote:Where do we find the Set 5 goals? I hit 70% on Ks (usually one of my worst subjects) and then 50% on Evidence and Torts (usually my best subjects). I fucking hate BARBRI I should have taken Kaplan or something.


Shit I'm stuck at 44%-50% for everything except Crim/Crimpro where I got like 70% for 3 weeks, sigh.

HLBE689
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby HLBE689 » Mon Jul 13, 2015 9:31 am

Danger Zone wrote:
kyle010723 wrote:
HLBE689 wrote:one of my fave questions so far had to be the property one on the simulated MBE with incorrect boundary lines - wtf? Are we taking an architecture licensing exam?


Or a geometry exam! haha. I saw that and thought that was one of those experimental questions. But then Barbri counted every single question, so nope, not an experimental question.

That was my favorite question. Easy point without having to know any law. Just draw a square and you're done.


Yeah - I'll take that any day. No memorization of laws required!

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Good Guy Gaud
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby Good Guy Gaud » Mon Jul 13, 2015 10:06 am

Emanuel

Won my heart

dwyf
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby dwyf » Mon Jul 13, 2015 10:33 am

anybody else have no update for "Weekly Progress by Subject - Percentile Ranking"?

kyle010723
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby kyle010723 » Mon Jul 13, 2015 10:45 am

dwyf wrote:anybody else have no update for "Weekly Progress by Subject - Percentile Ranking"?


It only updates if you did one or more MPQ within that week, and it only updates on Monday I think.

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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby musicfor18 » Mon Jul 13, 2015 10:48 am

RaleighStClair wrote:Legit just got 6/18 on Torts Set 5. What the fuck was that?


I got 8/18 on Torts Set 5, after getting 155/200 on the simulated MBE! Way to mess with my confidence, Barbri.

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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby dwyf » Mon Jul 13, 2015 10:48 am

kyle010723 wrote:
dwyf wrote:anybody else have no update for "Weekly Progress by Subject - Percentile Ranking"?


It only updates if you did one or more MPQ within that week, and it only updates on Monday I think.


I did the simulated MBE last week and got the results over the weekend.

It says this should update at 12:01am central time on Monday, but I still have no update.

musicfor18
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby musicfor18 » Mon Jul 13, 2015 10:49 am

dwyf wrote:
kyle010723 wrote:
dwyf wrote:anybody else have no update for "Weekly Progress by Subject - Percentile Ranking"?


It only updates if you did one or more MPQ within that week, and it only updates on Monday I think.


I did the simulated MBE last week and got the results over the weekend.

It says this should update at 12:01am central time on Monday, but I still have no update.


Simulated MBE isn't included in the weekly progress chart. Neither are the mixer question sets.

kyle010723
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby kyle010723 » Mon Jul 13, 2015 10:50 am

dwyf wrote:I did the simulated MBE last week and got the results over the weekend.

It says this should update at 12:01am central time on Monday, but I still have no update.


Unlike MPQ, the result (namely the percentile) for the simulated MBE is calculated daily, and the simulated MBE is not counted toward the weekly progress by subject, only MPQ. Maybe I am missing the question, or maybe your PSP is indeed broken.

dwyf
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby dwyf » Mon Jul 13, 2015 10:56 am

kyle010723 wrote:
dwyf wrote:I did the simulated MBE last week and got the results over the weekend.

It says this should update at 12:01am central time on Monday, but I still have no update.


Unlike MPQ, the result (namely the percentile) for the simulated MBE is calculated daily, and the simulated MBE is not counted toward the weekly progress by subject, only MPQ. Maybe I am missing the question, or maybe your PSP is indeed broken.


This is helpful, thanks.

You are probably right - I wasn't doing MPQ's last week (other than through the app).

xlawschoolhopefulx
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby xlawschoolhopefulx » Mon Jul 13, 2015 11:01 am

dwyf wrote:
kyle010723 wrote:
dwyf wrote:I did the simulated MBE last week and got the results over the weekend.

It says this should update at 12:01am central time on Monday, but I still have no update.


Unlike MPQ, the result (namely the percentile) for the simulated MBE is calculated daily, and the simulated MBE is not counted toward the weekly progress by subject, only MPQ. Maybe I am missing the question, or maybe your PSP is indeed broken.


This is helpful, thanks.

You are probably right - I wasn't doing MPQ's last week (other than through the app).


Doing questions through the app should have meant your percentiles updated. I don't believe NY was assigned any MPQs last week but I did some questions through the app, so my percentiles have updated.

cdelgado
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby cdelgado » Mon Jul 13, 2015 11:22 am

Anyone else find that they are misreading essay questions? I think I am getting in too much of a hurry.

But even in some cases, if I read the question closely, I would not have been able to answer it correctly since Barbri did not cover the area tested.




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