NY July 2015 Support Group

EvelynS
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Re: NY July 2015 Support Group

Postby EvelynS » Mon Jul 06, 2015 2:22 pm

michael2015 wrote:anyone taking the Barbri simulated half-day local exam:

On 2(b): For Ed's motion for summary judgment w/r/t swinging a shovel at Nora....

Am I just missing something, but the model answer they provide seems to recite the MBE standards of assault (reasonable apprehension...). Whereas in lecture & CMR, we were told that assault requires the victim to have suffered physical injury (and is basically battery) whereas "creating the reasonable apprehension..." is criminal menacing instead.



Take it w/ a grain of salt of course. My understanding is that assault is either an attempted battery or putting a person in a reasonable apprehension of immediate bodily harm. I don't think you actually need to suffer physical injury for the latter.

michael2015
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Re: NY July 2015 Support Group

Postby michael2015 » Mon Jul 06, 2015 2:29 pm

assault is either an attempted battery or putting a person in a reasonable apprehension of immediate bodily harm


This is my understanding w/r/t the MBE and common law definition of assault. I was just under the impression that NY was different...hmph.

antlp
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Re: NY July 2015 Support Group

Postby antlp » Mon Jul 06, 2015 2:50 pm

Does anyone know if points are deducted on the essay portion if your answer is blatantly wrong? Today's BarBri practice session made me realize that there will probably be instances where I just won't know/remember what the rule is (or at least I won't remember it completely accurately) and will have to fudge it as best I can. Will we get points for correct application of an incorrect rule? Or is this all part of the bar exam grading magic that we are not privy to?

All nybarexam.org seems to say on this subject is: "The answers to the five essay questions and the MPT are each graded in accordance with a predetermined marking formula, and the grades attained by the applicant on the respective questions are the raw essay scores."

AReasonableMan
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Re: NY July 2015 Support Group

Postby AReasonableMan » Mon Jul 06, 2015 2:54 pm

antlp wrote:Does anyone know if points are deducted on the essay portion if your answer is blatantly wrong? Today's BarBri practice session made me realize that there will probably be instances where I just won't know/remember what the rule is (or at least I won't remember it completely accurately) and will have to fudge it as best I can. Will we get points for correct application of an incorrect rule? Or is this all part of the bar exam grading magic that we are not privy to?

All nybarexam.org seems to say on this subject is: "The answers to the five essay questions and the MPT are each graded in accordance with a predetermined marking formula, and the grades attained by the applicant on the respective questions are the raw essay scores."

Yu get points for correct application of the wrong rule. I think the grading system only adds and doesn't subtract, but this hasn't been confirmed. I was wondering about it as well. I think the main thing to consider is these tests aren't being graded by a law professor, and the person grading them is probably underpaid. Considering there's no real review of your test, essay grading is imperfect so anything that raises the odds of the grader not seeing you have the correct answer is a bad move. Whether the grader makes a mistake or you do is immaterial so making your right answer hard to spot is tantamount to not having the right answer.

EvelynS
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Re: NY July 2015 Support Group

Postby EvelynS » Mon Jul 06, 2015 3:11 pm

michael2015 wrote:
assault is either an attempted battery or putting a person in a reasonable apprehension of immediate bodily harm


This is my understanding w/r/t the MBE and common law definition of assault. I was just under the impression that NY was different...hmph.



I don't know the answer to this, but I found Torts lecture very inadequate and just focused on memorizing torts for NY essays from SmartBarPrep. According to their outline, actual physical contact or injury is not required. But I think it is fair to say that it is like blind leading the blind under the circumstances. lol

michael2015
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Re: NY July 2015 Support Group

Postby michael2015 » Mon Jul 06, 2015 3:22 pm

haha. You didn't like Schecter? Or whatever that goofball's name was.

I am struggling so much w/ products liability and IIED/NIED because of him. It's like he was on his own little planet.

:evil: :twisted:

Notmyfavbar
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Re: NY July 2015 Support Group

Postby Notmyfavbar » Mon Jul 06, 2015 3:32 pm

michael2015 wrote:haha. You didn't like Schecter? Or whatever that goofball's name was.

I am struggling so much w/ products liability and IIED/NIED because of him. It's like he was on his own little planet.

:evil: :twisted:



IIED/NIED - ME TOOO. And it's not even that hard but for some reason i just can't get it. i have millions of sticky notes on my desk to remind me to get that shit down before the exam haha.
crim law/pro - can't even memorize the black letter law enough to regurgitate it on the essays.

I feel super underprepared for the essays - I've been doing all of the essays that barbri has assigned (except for the last few they assigned), but I feel like I didn't get much out of it since I didn't have most of the rules memorized. I mean... doing one essay per day from here on out is still good, right? Sometimes it feels like there is more emphasis on the rules and how many you can put down?

michael2015
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Re: NY July 2015 Support Group

Postby michael2015 » Mon Jul 06, 2015 3:40 pm

I've been putting essays off because I just don't know the NY distinctions well enough to have it be valuable yet.

I talked to some friends taking CA bar, I learned that for their essays they don't have to know CA distinctions for Torts, Contracts, Crim, etc. And only have, I think, 5 state specific distinctions to know (CivPro, Evidence, Wills, Trusts, and one other thing).

NY Essays are impossible.

jamesm722
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Re: NY July 2015 Support Group

Postby jamesm722 » Mon Jul 06, 2015 4:00 pm

michael2015 wrote:
assault is either an attempted battery or putting a person in a reasonable apprehension of immediate bodily harm


This is my understanding w/r/t the MBE and common law definition of assault. I was just under the impression that NY was different...hmph.


For criminal only:

MBE/Common law assault = NY menacing

MBE/Common law battery = NY assault

NY doesn't have a "battery" charge. It is assault 3rd, 2nd, and 1st degree depending on the aggravating circumstances. 3rd is standard battery (misdemeanor). 2nd and 1st are felonies. With slightly different aggravating circumstances
Last edited by jamesm722 on Mon Jul 06, 2015 4:07 pm, edited 2 times in total.

mamalova
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Re: NY July 2015 Support Group

Postby mamalova » Mon Jul 06, 2015 4:04 pm

As for criminal law:

MBE common law battery is assault in NY

MBE common law assault is either (1) attempted battery or (2) menacing in NY

As for torts:

MBE common law battery is battery in NY

MBE common law assault is assault in NY

Nothing changes btw MBE common law and NY when it comes to intentional torts of assault/battery!

michael2015
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Re: NY July 2015 Support Group

Postby michael2015 » Mon Jul 06, 2015 4:34 pm

Thanks!

Super helpful.

michael2015
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Re: NY July 2015 Support Group

Postby michael2015 » Mon Jul 06, 2015 4:35 pm

Thanks!

Super helpful.

daleearnhardt123
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Re: NY July 2015 Support Group

Postby daleearnhardt123 » Mon Jul 06, 2015 6:24 pm

I would appreciate some tea-leaf reading here. I'm self-studying so I'm not privy to a lot of the resources some of you all have, thus I'm hoping someone else can better answer this question.

I scored a 168 recently on a practice MBE. However, I've mostly blown off preparation for the essays. Will the 168 make me bulletproof for the exam, or am I still in a scenario where poor essay performance can doom me? I'm not taking 1/1000 type poor essay performance, but maybe bottom 10th percentile.

scaliaantics
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Re: NY July 2015 Support Group

Postby scaliaantics » Mon Jul 06, 2015 6:57 pm

daleearnhardt123 wrote:I would appreciate some tea-leaf reading here. I'm self-studying so I'm not privy to a lot of the resources some of you all have, thus I'm hoping someone else can better answer this question.

I scored a 168 recently on a practice MBE. However, I've mostly blown off preparation for the essays. Will the 168 make me bulletproof for the exam, or am I still in a scenario where poor essay performance can doom me? I'm not taking 1/1000 type poor essay performance, but maybe bottom 10th percentile.

If you're getting a 168, you're pretty much guaranteed to pass.

michael2015
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Re: NY July 2015 Support Group

Postby michael2015 » Mon Jul 06, 2015 7:00 pm

How about...150?

Notmyfavbar
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Re: NY July 2015 Support Group

Postby Notmyfavbar » Mon Jul 06, 2015 7:53 pm

scaliaantics wrote:
Notmyfavbar wrote:Soo... about this Barbri NY simulated half day thing... Um... spent all this time catching up on property and con law (yayyy) that I'm basically going to be walking into this crap for shits and giggles.

Also, my catch up session today included doing 1 property MPQ set, Con law diagnostic test, 2 Con law MPQs :? and I'm sitting here wondering how some ppl do a 100 questions a day because just doing my 79 questions took me hours! and i still have overdue question sets :evil:

does anyone else yell at the book when they're doing property questions? haha maybe it's just me.


I'm the same way today. I haven't done any of the NY Specific stuff. I've just spent my time focusing on MBE Subjects (and am only halfway ready with those). I don't know how I'm supposed to learn the NY Specific stuff too.


me too! I just made a list of all the MBE shit I still have left to do and areas that I need to review. It doesn't make me feel too good about the simulation tomorrow. And I feel like I've already forgotten a lot of the stuff we did the first few weeks. like civ pro.. WHAT IS THAT? :roll:

seriously, why do they keep adding shit to this exam. calm the f down.

toplawnerd
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Re: NY July 2015 Support Group

Postby toplawnerd » Mon Jul 06, 2015 8:15 pm

Can anyone help with a few logistics questions?

1. In the afternoon on the NY essay day, are we given both essays and the MPT at the same time? Is it totally up to the applicant to divide time between essays and the MPT? If so, in the event that you're really unsure of an essay question, wouldn't it make sense to write a quick answer (30 min, say) on the challenging essay and use the extra time for the MPT? Seems like there isn't much upside to spinning your wheels on a NY essay if you just don't know the rules. But, adding more/cleaning up an MPT would be good use of time.

2. During the lunch break, we are basically free to get lunch anywhere nearby, right? I'm hoping to have a friend meet me with lunch. I couldn't find anything on the bar exam website about restrictions (or lack thereof) during the break. Anyone else planning to do this?

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northwood
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Re: NY July 2015 Support Group

Postby northwood » Mon Jul 06, 2015 10:01 pm

toplawnerd wrote:Can anyone help with a few logistics questions?

1. In the afternoon on the NY essay day, are we given both essays and the MPT at the same time? Is it totally up to the applicant to divide time between essays and the MPT? If so, in the event that you're really unsure of an essay question, wouldn't it make sense to write a quick answer (30 min, say) on the challenging essay and use the extra time for the MPT? Seems like there isn't much upside to spinning your wheels on a NY essay if you just don't know the rules. But, adding more/cleaning up an MPT would be good use of time.

2. During the lunch break, we are basically free to get lunch anywhere nearby, right? I'm hoping to have a friend meet me with lunch. I couldn't find anything on the bar exam website about restrictions (or lack thereof) during the break. Anyone else planning to do this?


1) they give you the 3 essays for each session of the exam. You do them in the order that you want, but you have 3 hours to finish and once they call time you stop working. Figure out a plan of attack before Essay Day 1- and once you commit to it, don't waiver. ( it just wastes time)

2) you can go wherever you want to grab lunch. Just be sure to be back in your seat before the test starts

EAsports
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Re: NY July 2015 Support Group

Postby EAsports » Tue Jul 07, 2015 12:16 am

I've been studying for the Bar exam without any caffeine whatsoever. Anyone else doing this au natural?

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Danger Zone
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Re: NY July 2015 Support Group

Postby Danger Zone » Tue Jul 07, 2015 12:17 am

EAsports wrote:I've been studying for the Bar exam without any caffeine whatsoever. Anyone else doing this au natural?

I quit caffeine a couple years ago, not by choice, and it was tough as fuck. Wouldn't recommend it for the crowd of daily drinkers.

EAsports
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Re: NY July 2015 Support Group

Postby EAsports » Tue Jul 07, 2015 12:21 am

Danger Zone wrote:
EAsports wrote:I've been studying for the Bar exam without any caffeine whatsoever. Anyone else doing this au natural?

I quit caffeine a couple years ago, not by choice, and it was tough as fuck. Wouldn't recommend it for the crowd of daily drinkers.


Been off it for about 3 months. Somewhat concerned my retention and focus aren't quite as there (scoring in 60% range on MBEs). But the downsides are too grave, for me at least. Any suggestions?

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Danger Zone
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Re: NY July 2015 Support Group

Postby Danger Zone » Tue Jul 07, 2015 12:23 am

What's the downside of drinking coffee for you personally? If it's not too severe, I'd pick it back up for the next few weeks.

john222
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Re: NY July 2015 Support Group

Postby john222 » Tue Jul 07, 2015 3:29 am

Hey I am a CA attorney taking the NY Bar and studying on my own, I was seeing if anyone had typed up the admin law outline from barbri, if so any chance you could send it to me? Thanks in advance!

Notmyfavbar
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Re: NY July 2015 Support Group

Postby Notmyfavbar » Tue Jul 07, 2015 9:38 pm

General/Weird question because I just never understood this... what is it about standardized tests that makes it so hard? Is it just pattern recognition? or learning to realize the "right" answer. I'm always second guessing myself. I was doing decent (i think) on the MPQs and getting around the low to high 60s. Not the case with the simulated MBE at all. But I'm just curious.. I know some ppl are just good at standardized tests - why.. what does that mean.

victortsoi
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Re: NY July 2015 Support Group

Postby victortsoi » Tue Jul 07, 2015 9:41 pm

Notmyfavbar wrote:General/Weird question because I just never understood this... what is it about standardized tests that makes it so hard? Is it just pattern recognition? or learning to realize the "right" answer. I'm always second guessing myself. I was doing decent (i think) on the MPQs and getting around the low to high 60s. Not the case with the simulated MBE at all. But I'm just curious.. I know some ppl are just good at standardized tests - why.. what does that mean.


it means barbri wants to psych you out....




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