BarBri Bar Review Hangout - July 2015 Exam

[moreheesh]

God I hate these torts questions -- from mixed set 4 involving a pilot's well-maintained airplane needing to make an emergency landing due to a flock of birds and unavoidably injuring a child:

Why the hell is it the best defense that he used reasonable care in the maintenance of his airplane, but not that he could not reasonably foresee that he would have to make an emergency landing or that he did not act willfully and wantonly (in his own rescue). Drives me nuts getting questions that I think are stupid wrong lol.

[BVest]

Can anyone clarify the 90 day rule for Accord and Satisfaction--in the Commercial Paper Context. If there's a genuine dispute, I tender a check that conspicuously say "Paid In Full" and the other party deposits it then they have 90 days to return it and essentially rescind the accord & satisfaction? Is that only if you weren't aware that it said paid in full when you cashed it?

The materials don't go that deep but one essay answer said if you cash the check knowing about the "paid in full" you can't rescind at all. The other said regardless of knowledge, cashing the check ends the dispute.

The essay question is correct.

3-311(c) gives the creditor the 90 days to return the check, but subsection (c) is explicitly subject to subsection (d):

(d) A claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, the claimant, or an agent of the claimant having direct responsibility with respect to the disputed obligation, knew that the instrument was tendered in full satisfaction of the claim.

(What's nice about Evidence, Commercial Paper, Contracts (for goods), and Secured Credit is that when I'm unclear on something from the lecture or conviser, after I struggle with it for 10 minutes or so, I suddenly remember that I can just go to the FRE and UCC.)

[musicfor18]

You know, it must have been pretty easy to get away with crimes in COMMON LAW ENGLAND, eh?

just do burglary at day bro

This shouldn't have made me laugh as much as it did.

[myrtlewinston]

Did anyone buy the mini review? How was/is it?

Although I vowed to not give Barbri a single cent more, I caved. It's good. Guzman teaches the whole thing and narrows down what you have to remember.

If you're in NY, the mini-review includes the major NY subjects, and the whole thing is taught by Reuscher (not Guzman). Just FYI.

Worth it?

How much content is there?

Which one? I only did the Guzman one.

[Danger Zone]

Did anyone buy the mini review? How was/is it?

Although I vowed to not give Barbri a single cent more, I caved. It's good. Guzman teaches the whole thing and narrows down what you have to remember.

If you're in NY, the mini-review includes the major NY subjects, and the whole thing is taught by Reuscher (not Guzman). Just FYI.

Worth it?

How much content is there?

Which one? I only did the Guzman one.

Like how many hours of lectures

It's supposed to be just a one day review right

Fuck I might get it, goddamn barbri

[Good Guy Gaud]

Fuck I might get it, goddamn barbri

the fear made me buy it

[kyle010723]

Fuck I might get it, goddamn barbri

the fear made me buy it

I genuinely found Guzman's Simulated MBE analysis helpful. That's why I got it. But we are already spending a few grands, not worth failing the bar to save a hundred... Or I'll hate myself forever if I do. Haha

[mwk21]

How are the refresher (post 100 MBE questions) videos? Worth it? I bought Kaplan's MBE final review, so I'm thinking it doesn't make sense to do both. Should I skip BarBri's refresher? Or should I cram both in? FWIW, I got a 142/200 on the simulated MBE.

[myrtlewinston]

Fuck I might get it, goddamn barbri

the fear made me buy it

Has anyone looked at the NY mini-review by Ruescher?

[RaleighStClair]

This is a stupid question, but I'm desperate. For trusts on the MEE, if you had to pick like 5-10 or so concepts/topics to absolutely know, what would they be? There's so much stuff, and Powell was absolutely horrible. I don't even know where to start.

[Good Guy Gaud]

This is a stupid question, but I'm desperate. For trusts on the MEE, if you had to pick like 5-10 or so concepts/topics to absolutely know, what would they be? There's so much stuff, and Powell was absolutely horrible. I don't even know where to start.

(1) creation of trust (2) support trust (3) discretionary trust (4) revocable trust (5) spendthrift (6) pour over (7) termination of trust (8) creditor rights (9) powers of appointment, and (10) trustee duties

those seem to be the topics i've encountered most often going through past essays

[RaleighStClair]

This is a stupid question, but I'm desperate. For trusts on the MEE, if you had to pick like 5-10 or so concepts/topics to absolutely know, what would they be? There's so much stuff, and Powell was absolutely horrible. I don't even know where to start.

(1) creation of trust (2) support trust (3) discretionary trust (4) revocable trust (5) spendthrift (6) pour over (7) termination of trust (8) creditor rights (9) powers of appointment, and (10) trustee duties

those seem to be the topics i've encountered most often going through past essays

Thanks. I'll definitely go through all the essays too. I mean, what are the chances they test on something outside of those ... ugh.

[Good Guy Gaud]

This is a stupid question, but I'm desperate. For trusts on the MEE, if you had to pick like 5-10 or so concepts/topics to absolutely know, what would they be? There's so much stuff, and Powell was absolutely horrible. I don't even know where to start.

(1) creation of trust (2) support trust (3) discretionary trust (4) revocable trust (5) spendthrift (6) pour over (7) termination of trust (8) creditor rights (9) powers of appointment, and (10) trustee duties

those seem to be the topics i've encountered most often going through past essays

Thanks. I'll definitely go through all the essays too. I mean, what are the chances they test on something outside of those ... ugh.

I'd go through the essays for sure. There's one that asks you to revise a trust based upon the trustor's wishes and going through the sample answer really helped to explain many of the above-mentioned topics to me. Like, it was seriously helpful and much better than that stupid lecture.

[myrtlewinston]

Mike Sims called to talk about why two graders differed by 10 points on one of my essays. He claims that grading is subjective. I hope the Bar Examiners have safeguards against arbitrary and capricious grading.

[kyle010723]

Mike Sims called to talk about why two graders differed by 10 points on one of my essays. He claims that grading is subjective. I hope the Bar Examiners have safeguards against arbitrary and capricious grading.

Mike Sims himself called you?! Woah.

[myrtlewinston]

It's no honour, believe me. He insisted that we had to agree on that point. I refused. Waste of time.

[Outis Onoma]

It's no honour, believe me.

If I got a call, I would be wondering "did I really screw up that badly?"

[RaleighStClair]

Yeah, what the hell. Do some people just get screwed on the grading or do people get bumps up if they're graded by graders that they figure out are assholes?

[myrtlewinston]

It's no honour, believe me.

If I got a call, I would be wondering "did I really screw up that badly?"

I wrote to him about the original issue.

[kyle010723]

In terms of safeguards, I know in IL, they will do an automatic regrade of your essays if you failed within a few points. If you passed, you wouldn't care what you scored anyway.

[musicfor18]

God I hate these torts questions -- from mixed set 4 involving a pilot's well-maintained airplane needing to make an emergency landing due to a flock of birds and unavoidably injuring a child:

Why the hell is it the best defense that he used reasonable care in the maintenance of his airplane, but not that he could not reasonably foresee that he would have to make an emergency landing or that he did not act willfully and wantonly (in his own rescue). Drives me nuts getting questions that I think are stupid wrong lol.

Willfully and wantonly is wrong because, even if true, he could still be liable if he acted negligently. In an emergency, the duty of care is to act reasonably under the emergency situation. If one of the answers had been that he acted reasonably in landing the plane, that would have been the best answer, but that wasn't one of the choices. The only other duty he could have breached was the duty of reasonable care in maintaining the plane so that emergencies won't happen. That's why that was the best answer. The answer about foreseeability is a proximate cause answer, and duty/breach of duty answers are always stronger than causation answers.

[musicfor18]

In terms of safeguards, I know in IL, they will do an automatic regrade of your essays if you failed within a few points. If you passed, you wouldn't care what you scored anyway.

NY does the same thing. I think it's if your score is between 654 and 665, they regrade the written stuff.

[3|ink]

Meh. I think the graded essays are useless anyway. They should just cut that out of the barbri program and shave a few dollars off to help them compete with Themis. I don't know about anyone else, but all of my graded essays were scheduled 1-2 days after my lecture for that class. As if I've taken the time to internalize the information by then. There's no way I'm going to get a decent score on that essay. Why am I going to write 300 words of complete bullshit just to have some guy tell me I need to study the subject more? And I don't really need practice writing bullshit. I know I'm going to encounter an essay topic I don't know how to answer. You can't really simulate that experience by making us write an essay on a subject that we haven't had time to even attempt to internalize.

But whatever. I have to give the guy credit for calling you personally.

[Hutz_and_Goodman]

Mike Sims called to talk about why two graders differed by 10 points on one of my essays. He claims that grading is subjective. I hope the Bar Examiners have safeguards against arbitrary and capricious grading.

In NY if you fail and it's close (I think if you score 645+; passing is 665) then they have another person read and grade your essays to make sure it's not subjective grading.

[myrtlewinston]

Mike Sims called to talk about why two graders differed by 10 points on one of my essays. He claims that grading is subjective. I hope the Bar Examiners have safeguards against arbitrary and capricious grading.

In NY if you fail and it's close (I think if you score 645+; passing is 665) then they have another person read and grade your essays to make sure it's not subjective grading.

Good to know. Thanks!