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kyle010723 wrote:

Good Guy Gaud wrote: They're pretty different but what you've learned in BarBri will still typically get you to the correct answer choice. I think most of us see improved scores with Emanual's (which are all actual questions [save for the civ pro] as far as I understand it) as compared to BarBri's.

Emanuel S&T is a compilation of released questions, S&T2 are questions written by Emanuel himself (I think)?

On that note, did anyone read the subject notes on Emanuel (the few pages before question sets)? I dove right into questions so I skipped them. Are they worth reading?

Gotcha.

And nah, I went through one or two of the sections but it didn't seem to be much more than a light review.

Good Guy Gaud wrote: And nah, I went through one or two of the sections but it didn't seem to be much more than a light review.

I see. I'm pretty much done with Emanuel at this point (finished all the questions for each subject, didnt do any MBE sets). I am just doing one 50 question mix set per day from Barbri this week (on top of MPQ6s for no good reason).

Mixed set 2 - 58%
Mixed set 3 - 70%
Emmanuals AM - 72%

Fuck you mixed set 2.

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.

I think "Our Song" is more apt
♫♫
Our song is the desk slamming head
Stayin up late, typin' out the CMR
When we're on crim prooo, cause it's late and i just don't know
Cause it's late and the answers I don't knowwww
Our song is the way I cry
The first week, man, I didn't read shit and I should have
And when I sit here,
Before I cry to sleep
Asking barbri if it would make it stooooop
♫♫

I wish I had more concrete info about how Oregon grades. The best I can figure out from the info I've cobbled together from random sources (not including the state bar, which is useless), I need around 65% of all unscaled points to pass. I'm not going to get that. I'm terrible at the essays and while I feel ok about MPTs, I've been spending too much time on the MBEs to practice MPTs much, so average is about what I can hope for. And my essays are going to be wildly below average. My MBE is not going to be above average to make up for the essays.

You're going to kick ass!

rinkrat19 wrote:I wish I had more concrete info about how Oregon grades. The best I can figure out from the info I've cobbled together from random sources (not including the state bar, which is useless), I need around 65% of all unscaled points to pass. I'm not going to get that. I'm terrible at the essays and while I feel ok about MPTs, I've been spending too much time on the MBEs to practice MPTs much, so average is about what I can hope for. And my essays are going to be wildly below average. My MBE is not going to be above average to make up for the essays.

You'll do just fine, stop physicing yourself

rinkrat19 wrote:I wish I had more concrete info about how Oregon grades. The best I can figure out from the info I've cobbled together from random sources (not including the state bar, which is useless), I need around 65% of all unscaled points to pass. I'm not going to get that. I'm terrible at the essays and while I feel ok about MPTs, I've been spending too much time on the MBEs to practice MPTs much, so average is about what I can hope for. And my essays are going to be wildly below average. My MBE is not going to be above average to make up for the essays.

I've been kind of freaking about Oregon as well, but it still has a pass rate of something like 70% for first time takers, even on the more recent ones where pass rates overall dipped. The impression I get from that is that the essays are pretty flexibly graded; going by the BarBri model answers seems like a total crapshoot. I've been conservatively grading and giving 3s/4s on most of mine and I think that as long as you put pen to paper and hit most of the buzzwords, you get credit. At least that's what I'm hoping. Plus on stuff like tax/secured/corps, the points seem to be more straightforward than on the MBE subjects. Yeah, it's 65% unscaled, but I feel like the scale should be pretty generous on the subjective stuff like the MPT and MEE

When you guys write your Evidence essays do you plan on addressing relevance in every issue or are you just going to jump right in to the more obvious hearsay/character evidence/whatever issue and only address relevance if it's really worth noting.

Secured transactions question: for there to be attachment the secured party must have possession of the collateral or there is a written security agreement acknowledged by the debtor?

So, if the only facts are that a store sold me 10 computers for my office with payment due in 10 days and on the 10th day I still hadn't paid so they filed a financing statement--I would think no attachment or perfection?


Edit: Anyone else starting to shut it down a bit? Today is the last of my 2 subject a day reviews. I feel well prepared on 75% of the essays topics and for the other 25% it really depends on the question. I'm probably going to try to finish up the emanuel full mbe, focus on the MPT tomorrow, and then just review my outlines. At this point I feel prepared enough I just don't want to go get burnt out or kill my confidence days before the exam.

Just trying to get a general consensus. It's not worth doing MPQ6's, right?

vulaw wrote:Just trying to get a general consensus. It's not worth doing MPQ6's, right?

Nope. Do the mixed sets if you want some MBE practice. I've been doing those and Emmanuel's to get used to the feel of real MBE questions.

Learned Throw Hands wrote:

vulaw wrote:Just trying to get a general consensus. It's not worth doing MPQ6's, right?

Nope. Do the mixed sets if you want some MBE practice. I've been doing those and Emmanuel's to get used to the feel of real MBE questions.

I agree. Plus, I doubt anyone has ever failed the bar and said "If only I had done MPQ 6!!"

charlesxavier wrote:Secured transactions question: for there to be attachment the secured party must have possession of the collateral or there is a written security agreement acknowledged by the debtor?

So, if the only facts are that a store sold me 10 computers for my office with payment due in 10 days and on the 10th day I still hadn't paid so they filed a financing statement--I would think no attachment or perfection?


Edit: Anyone else starting to shut it down a bit? Today is the last of my 2 subject a day reviews. I feel well prepared on 75% of the essays topics and for the other 25% it really depends on the question. I'm probably going to try to finish up the emanuel full mbe, focus on the MPT tomorrow, and then just review my outlines. At this point I feel prepared enough I just don't want to go get burnt out or kill my confidence days before the exam.

I hope I gain that confidence. Every state-specific essay I read there is more nuanced law that I didn't know existed and I have to dig to find. It's demoralizing.

cdelgado wrote:

charlesxavier wrote:Secured transactions question: for there to be attachment the secured party must have possession of the collateral or there is a written security agreement acknowledged by the debtor?

So, if the only facts are that a store sold me 10 computers for my office with payment due in 10 days and on the 10th day I still hadn't paid so they filed a financing statement--I would think no attachment or perfection?


Edit: Anyone else starting to shut it down a bit? Today is the last of my 2 subject a day reviews. I feel well prepared on 75% of the essays topics and for the other 25% it really depends on the question. I'm probably going to try to finish up the emanuel full mbe, focus on the MPT tomorrow, and then just review my outlines. At this point I feel prepared enough I just don't want to go get burnt out or kill my confidence days before the exam.

I hope I gain that confidence. Every state-specific essay I read there is more nuanced law that I didn't know existed and I have to dig to find. It's demoralizing.

Just remember that the sample answers were given a top score or at least very close to it. You can score well below that on every essay and still pass. If you get a few high scores then you can do very poorly on others and still pass. Thinking that every essay has to match the sample answer will drive you crazy.

Anyone have any motivational anecdotes or stories? Someone who was doing well in Barbri, slacked off the last week, and failed the exam? I need some sense of urgency to get me going.

charlesxavier wrote:Secured transactions question: for there to be attachment the secured party must have possession of the collateral or there is a written security agreement acknowledged by the debtor?

So, if the only facts are that a store sold me 10 computers for my office with payment due in 10 days and on the 10th day I still hadn't paid so they filed a financing statement--I would think no attachment or perfection?


Edit: Anyone else starting to shut it down a bit? Today is the last of my 2 subject a day reviews. I feel well prepared on 75% of the essays topics and for the other 25% it really depends on the question. I'm probably going to try to finish up the emanuel full mbe, focus on the MPT tomorrow, and then just review my outlines. At this point I feel prepared enough I just don't want to go get burnt out or kill my confidence days before the exam.

Attachment requires VCR = creditor gave Value, Contract (security agreement), and debtor has Rights in collateral. Possession not needed to have rights. The debtor can sign a security agreement before having rights, so that isn't the test. Rights attach when the store sold the computers (bill of sale/receipt evidence of rights). Debtor must sign the security agreement before the store can file a financing statement.

On your other topic, today is my P-E day and draggin' serious ass this morning. Looking for motivation at the bottom of my coffee cup.

I have written out 1 essay so far today.

That's it. Tempted to call it.

Ky's motivation: Time of death, 9:25 AM.

kykiske wrote:I have written out 1 essay so far today.

That's it. Tempted to call it.

Ky's motivation: Time of death, 9:25 AM.

Meh, we're all gonna make it

Are express warranties and the implied warranties of merchantability and fitness for a particular purpose considered strict liability? I know they're separately categorized but you don't need to prove anything other than failure to live up to the warranty, right? I ask because an essay asked about what theories of strict products liability a homeowner could raise. I was confused and assumed that they must be hinting at the warranties. The answer was 95% about a single cause of action for strict liability and then just said "alternatively they could bring an action based on warranty."

charlesxavier wrote:Are express warranties and the implied warranties of merchantability and fitness for a particular purpose considered strict liability? I know they're separately categorized but you don't need to prove anything other than failure to live up to the warranty, right? I ask because an essay asked about what theories of strict products liability a homeowner could raise. I was confused and assumed that they must be hinting at the warranties. The answer was 95% about a single cause of action for strict liability and then just said "alternatively they could bring an action based on warranty."

Breach of warranty is a breach of contract claim. Though you can probably make a similar claim in tort under product defects if your house collapses when you step in there...

I think a better way to think of this is (as you can tell by now I learn by examples): if you buy a TV and your TV blows up. You can sue for tort of product liability via negligent or strict liability, and/or sue for breach of contract under breach of warranty.

kyle010723 wrote:

charlesxavier wrote:Are express warranties and the implied warranties of merchantability and fitness for a particular purpose considered strict liability? I know they're separately categorized but you don't need to prove anything other than failure to live up to the warranty, right? I ask because an essay asked about what theories of strict products liability a homeowner could raise. I was confused and assumed that they must be hinting at the warranties. The answer was 95% about a single cause of action for strict liability and then just said "alternatively they could bring an action based on warranty."

Breach of warranty is a breach of contract claim. Though you can probably make a similar claim in tort under product defects if your house collapses when you step in there...

I think a better way to think of this is (as you can tell by now I learn by examples): if you buy a TV and your TV blows up. You can sue for tort of product liability via negligent or strict liability, and/or sue for breach of contract under breach of warranty.

Yeah, basically a baby fell out a window. The company advertised the windows as being safe and unable to be opened more than a few inches. Then they buyers told the salesman about their child and why they wanted the windows. But, it was a torts essay.

charlesxavier wrote:Are express warranties and the implied warranties of merchantability and fitness for a particular purpose considered strict liability? I know they're separately categorized but you don't need to prove anything other than failure to live up to the warranty, right? I ask because an essay asked about what theories of strict products liability a homeowner could raise. I was confused and assumed that they must be hinting at the warranties. The answer was 95% about a single cause of action for strict liability and then just said "alternatively they could bring an action based on warranty."

When I think of strict products liability, I do not think of implied warranties. Rather, I would be focusing on whether or not the manufacturer can be held liable for a defective product.

IWM and IWF seem more like breach of contract claims. Even though the merchant is strictly liable, I wouldn't think of it being associated with products liability.

I guess if you go in knowing it's a torts essay you have to talk about strict products liability, but I'm with you and would have immediately thought contract warranties. The whole reason SL exists is to compensate people who get hurt when they weren't in privity of contract with the manufacturer, but that's obviously no issue here.

Hutz_and_Goodman wrote:Anyone have any motivational anecdotes or stories? Someone who was doing well in Barbri, slacked off the last week, and failed the exam? I need some sense of urgency to get me going.

How about you went to law school to be a lawyer, why do you need any other motivation than that?