BarBri Bar Review Hangout - July 2015 Exam

murray18
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby murray18 » Tue Jul 21, 2015 9:44 pm

charlesxavier wrote:
rhs100 wrote:
murray18 wrote:
rhs100 wrote: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
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby kyle010723 » Tue Jul 21, 2015 9:46 pm

murray18 wrote: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
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby Benjamin1987 » Tue Jul 21, 2015 9:50 pm

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.

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brotherdarkness
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby brotherdarkness » Tue Jul 21, 2015 10:01 pm

Benjamin1987 wrote: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.

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

Postby Good Guy Gaud » Tue Jul 21, 2015 10:02 pm

brotherdarkness wrote:
Benjamin1987 wrote: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
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby kyle010723 » Tue Jul 21, 2015 10:05 pm

Good Guy Gaud wrote:
brotherdarkness wrote:
Benjamin1987 wrote: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
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby Outis Onoma » Tue Jul 21, 2015 10:08 pm

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
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby kyle010723 » Tue Jul 21, 2015 10:11 pm

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

kykiske
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby kykiske » Tue Jul 21, 2015 10:14 pm

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.

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

Postby Good Guy Gaud » Tue Jul 21, 2015 10:15 pm

kykiske wrote: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 ?

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brotherdarkness
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby brotherdarkness » Tue Jul 21, 2015 10:16 pm

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

Postby kyle010723 » Tue Jul 21, 2015 10:18 pm

kykiske wrote: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
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby Charger » Tue Jul 21, 2015 10:18 pm

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?

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brotherdarkness
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby brotherdarkness » Tue Jul 21, 2015 10:20 pm

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?

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Tiago Splitter
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby Tiago Splitter » Tue Jul 21, 2015 10:20 pm

brotherdarkness wrote: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
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby kykiske » Tue Jul 21, 2015 10:21 pm

kyle010723 wrote:
kykiske wrote: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
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby kyle010723 » Tue Jul 21, 2015 10:22 pm

brotherdarkness wrote: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.

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BVest
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby BVest » Tue Jul 21, 2015 10:24 pm

kykiske wrote:Random thought when jamming to Taylor Swift in the shower:


This sounded like a euphemism.

kyle010723
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby kyle010723 » Tue Jul 21, 2015 10:26 pm

kykiske wrote:
kyle010723 wrote:
kykiske wrote: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
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby kykiske » Tue Jul 21, 2015 10:27 pm

kyle010723 wrote:
kykiske wrote:
kyle010723 wrote:
kykiske wrote: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.

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BVest
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby BVest » Tue Jul 21, 2015 10:28 pm

kyle010723 wrote:
brotherdarkness wrote: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
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby kyle010723 » Tue Jul 21, 2015 10:29 pm

BVest wrote:
kyle010723 wrote: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.

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brotherdarkness
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby brotherdarkness » Tue Jul 21, 2015 10:34 pm

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?

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Tiago Splitter
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby Tiago Splitter » Tue Jul 21, 2015 10:35 pm

brotherdarkness wrote: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.

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3|ink
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Re: BarBri Bar Review Hangout - July 2015 Exam

Postby 3|ink » Tue Jul 21, 2015 10:36 pm

brotherdarkness wrote: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.




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