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THE_U

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Re: Average Adapti bar score

Post by THE_U » Tue Feb 16, 2016 6:00 pm

Raiden wrote:Thanks for the explanation above guys, that does help. I just have been confused between character evidence and impeachment. My understanding now is that getting in evidence regarding impeachment/truthfulness is a lot easier than getting in character evidence. The door was open to the prosecution to talk about truthfulness, but that could only be through the witness who first brought it up.
Correct, but remember, the prosecution could have also called their own witness to testify to their opinion of D's character for untruthfulness/D's reputation for it.

They just can't call their own witness to testify to the specific bad act itself (i.e. extrinsic evidence)

Also, as NYSea said, once the prosecution inquires on cross about whether that witness has heard that D cheated on an exam, they must take the witness's answer. That is, if that witness is like "Nah, I have no idea wtf you are talking about," then the prosecution can't go any further.

THE_U

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Re: Average Adapti bar score

Post by THE_U » Wed Feb 17, 2016 12:14 pm

Character evidence question for y'all:

Say a Defendant is on trial for selling drugs. He raises an entrapment defense. Prosecution rebuts by introducing records of two previous convictions for drug-related offenses. It's admissible.

Why/how? On its face, it seems like 404 propensity--because he was convicted in the past for drug offenses, he probably is guilty of the drug offense here. It doesn't seem to fit any MIMIC exceptions, either.

Is it coming in under Rule 405(b) then, since "entrapment" requires proving a defendant's "predisposition" to committing the crime (i.e. it is an "essential element of the charge/claim/defense") ?

iwantmybar

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Re: Average Adapti bar score

Post by iwantmybar » Wed Feb 17, 2016 12:49 pm

I'd like to know about this question as well because I thought that when character was directly at issue, character evidence was only allowed at civil trials (defamation, entrustment...) ?

THE_U

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Re: Average Adapti bar score

Post by THE_U » Wed Feb 17, 2016 12:57 pm

There's nothing in the language of the rule itself that would suggest it's limited to civil cases.

I just am wondering if it applies to entrapment. Like you said, you only ever see 405(b) associated with "defamation" and I can't find anything in my outlines on it.

NY_Sea

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Re: Average Adapti bar score

Post by NY_Sea » Wed Feb 17, 2016 3:32 pm

Are people still doing adaptibar questions on top of their study program? The past 4 days or so I've kinda put it on the back burner and tried to focus more on essays (NY).

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THE_U

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Re: Average Adapti bar score

Post by THE_U » Wed Feb 17, 2016 3:50 pm

NY_Sea wrote:Are people still doing adaptibar questions on top of their study program? The past 4 days or so I've kinda put it on the back burner and tried to focus more on essays (NY).
I've been doing Adaptibar questions, but I only have to re-take the MBE.

With that said, I haven't been going crazy at all. I've done 20 questions so far today, and will probably only do 10-15 more.

iwantmybar

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Re: Average Adapti bar score

Post by iwantmybar » Wed Feb 17, 2016 4:16 pm

NY_Sea wrote:Are people still doing adaptibar questions on top of their study program? The past 4 days or so I've kinda put it on the back burner and tried to focus more on essays (NY).
Yes, my goal is to reach 3.000 questions on Adaptibar, for glory so I do like 50/100 questions a day but like I said many times, it's only questions i already answered so it is quicker and I just review the black law.

But It's been a week since I heavily focus on Essays as well (I try to read as many models answers as possible, like 60 or something ), coupled with smart bar prep outline, i think it is quite efficient.

Alsmot there !

Sue

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Re: Average Adapti bar score

Post by Sue » Wed Feb 17, 2016 5:47 pm

iwantmybar wrote:
NY_Sea wrote:Are people still doing adaptibar questions on top of their study program? The past 4 days or so I've kinda put it on the back burner and tried to focus more on essays (NY).
Yes, my goal is to reach 3.000 questions on Adaptibar, for glory so I do like 50/100 questions a day but like I said many times, it's only questions i already answered so it is quicker and I just review the black law.

But It's been a week since I heavily focus on Essays as well (I try to read as many models answers as possible, like 60 or something ), coupled with smart bar prep outline, i think it is quite efficient.

Alsmot there !
Same here. 200 remaining to hit my 3500 goal lol. At 65.2% though, not very good.

FinallyPassedTheBar

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Re: Average Adapti bar score

Post by FinallyPassedTheBar » Wed Feb 17, 2016 7:00 pm

I'm at 67% even. But only 2350 questions :oops:

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MTBike

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Re: Average Adapti bar score

Post by MTBike » Wed Feb 17, 2016 9:12 pm

6TimeFailure wrote:I'm at 67% even. But only 2350 questions :oops:
"Only"? come on bro. That's at least 1000 more questions than most people have done.

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Re: Average Adapti bar score

Post by Sue » Wed Feb 17, 2016 10:26 pm

What was your OPE 1 score, people? Just finished mine with 78%, which frustrates me. I've been doing so much better lately, and then there is this. And this is with my remembering few questions from last months. :x :cry:

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MTBike

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Re: Average Adapti bar score

Post by MTBike » Thu Feb 18, 2016 3:44 pm

Sue wrote:What was your OPE 1 score, people? Just finished mine with 78%, which frustrates me. I've been doing so much better lately, and then there is this. And this is with my remembering few questions from last months. :x :cry:
6TimeFailure wrote:I'm at 67% even. But only 2350 questions :oops:
Guys I'm only at 98% with 5500 questions answered. IM FREAKING OUT /s

law732

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Re: Average Adapti bar score

Post by law732 » Thu Feb 18, 2016 3:52 pm

MTBike wrote:
Sue wrote:What was your OPE 1 score, people? Just finished mine with 78%, which frustrates me. I've been doing so much better lately, and then there is this. And this is with my remembering few questions from last months. :x :cry:
6TimeFailure wrote:I'm at 67% even. But only 2350 questions :oops:
Guys I'm only at 98% with 5500 questions answered. IM FREAKING OUT /s
lol

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THE_U

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Re: Average Adapti bar score

Post by THE_U » Thu Feb 18, 2016 4:02 pm

Sue wrote:What was your OPE 1 score, people? Just finished mine with 78%, which frustrates me. I've been doing so much better lately, and then there is this. And this is with my remembering few questions from last months. :x :cry:
Didn't do OPE 1 but got an 82% on OPE 4

Say you remembered 10 questions. Let's pretend we replace those questions with 10 super hard questions you have never seen and therefore get wrong. You still are sitting at a 68% which should be enough to pass in most jurisdictions.

Besides, I'm assuming you remembered WHY those questions were correct and didn't just pick them because you remembered the answer and not rationale. I think there is a problem if it's the latter and then I might worry.

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Re: Average Adapti bar score

Post by Sue » Thu Feb 18, 2016 4:10 pm

MTBike wrote:
Sue wrote:What was your OPE 1 score, people? Just finished mine with 78%, which frustrates me. I've been doing so much better lately, and then there is this. And this is with my remembering few questions from last months. :x :cry:
6TimeFailure wrote:I'm at 67% even. But only 2350 questions :oops:
Guys I'm only at 98% with 5500 questions answered. IM FREAKING OUT /s
lol :lol:

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Re: Average Adapti bar score

Post by Sue » Thu Feb 18, 2016 4:15 pm

THE_U wrote:
Sue wrote:What was your OPE 1 score, people? Just finished mine with 78%, which frustrates me. I've been doing so much better lately, and then there is this. And this is with my remembering few questions from last months. :x :cry:
Didn't do OPE 1 but got an 82% on OPE 4

Say you remembered 10 questions. Let's pretend we replace those questions with 10 super hard questions you have never seen and therefore get wrong. You still are sitting at a 68% which should be enough to pass in most jurisdictions.

Besides, I'm assuming you remembered WHY those questions were correct and didn't just pick them because you remembered the answer and not rationale. I think there is a problem if it's the latter and then I might worry.
Well, yes, I guess I remember the rationale, not the answer per se. But no, I am not sure. I am confused. I should do much dreaded Barbri MBE Refresher to know that.

doubltall

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Re: Average Adapti bar score

Post by doubltall » Thu Feb 18, 2016 8:10 pm

Can someone help break this one down? here's the Q & A: http://puu.sh/nd3qh/c92a59f940.png

Particularly the rationale for why D is wrong. It states that the determination of the dealership as a TPB may occur in accordance with the express agreement between the mother and son. I get that, and agree with it. But then it dismisses nor explains the circumstances of the vesting element, which was the basis for why I chose D in the first place!

(for other adaptibar users curious about the blackness, I use a browser extension to modify the default colors, the white got to me after awhile--this is wayyy easier on my eyes.)

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DueProcessDoWheelies

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Re: Average Adapti bar score

Post by DueProcessDoWheelies » Thu Feb 18, 2016 8:15 pm

Fucking hell. Every Contracts question I've gotten lately is 10/10 difficulty. Like <20% are getting the correct answer.

iwantmybar

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Re: Average Adapti bar score

Post by iwantmybar » Thu Feb 18, 2016 8:24 pm

doubltall wrote:Can someone help break this one down? here's the Q & A: http://puu.sh/nd3qh/c92a59f940.png

Particularly the rationale for why D is wrong. It states that the determination of the dealership as a TPB may occur in accordance with the express agreement between the mother and son. I get that, and agree with it. But then it dismisses nor explains the circumstances of the vesting element, which was the basis for why I chose D in the first place!

(for other adaptibar users curious about the blackness, I use a browser extension to modify the default colors, the white got to me after awhile--this is wayyy easier on my eyes.)
I just had this question one hour ago.

I also picked up D. The way I understood it is that a TPB rights vest when 1) he assents to the premise of the contract, 2) brings a suit to enforce the premise or 3) acts in reliance.

I guess the fact that he learned about the contract satisfies the 1) stated above. But I also found that question really shitty.

Congratulations for the blackness, it looks like you are using from the abyss of hell.

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Re: Average Adapti bar score

Post by doubltall » Thu Feb 18, 2016 8:40 pm

iwantmybar wrote:Congratulations for the blackness, it looks like you are using from the abyss of hell.
only fitting for an exam from the abyss from hell :twisted:

THE_U

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Re: Average Adapti bar score

Post by THE_U » Thu Feb 18, 2016 8:42 pm

Well, I think you have to be a intended beneficiary before you even worry about whether the rights vest. You can fulfill the elements for "vesting" all you want, but if you aren't an intended beneficiary of that K, you don't have any rights in that K.

In the "Vesting" section of the Barbri CMR (p. 76), it says that the significance of vesting is to determine whether the parties can modify the K without the TPB's consent. Their flow chart on the next page also suggests that whether you are a beneficiary at all must be the 1st step in the analysis.

Property isn't my strength by any means but this is the only way I can make sense of that question (which I also believe I got wrong when I did it)

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Re: Average Adapti bar score

Post by doubltall » Thu Feb 18, 2016 8:49 pm

THE_U wrote:Property isn't my strength by any means
I was examining the CMR more closely as well, and I guess I agree. I suspect if there were an attempt to modify before the dealership learned about it, the issue of the vesting element would be a lot more relevant to enforcement. Thanks for helpin me break it down The_U and iwantmybar.

quoted cause i laughed xD

DueProcessDoWheelies

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Re: Average Adapti bar score

Post by DueProcessDoWheelies » Thu Feb 18, 2016 9:24 pm

Can someone explain this evidence question?
edited out.
The correct answer is B. But how? I immediately eliminated B because I thought prior inconsistent statements had to be statements made under oath at a proceeding?
Last edited by DueProcessDoWheelies on Sat Feb 20, 2016 12:23 pm, edited 1 time in total.

JF215

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Re: Average Adapti bar score

Post by JF215 » Thu Feb 18, 2016 9:29 pm

DueProcessDoWheelies wrote:Can someone explain this evidence question?
A man and his friend were charged with burglary of a warehouse. They were tried separately. At the man's trial, the friend testified that he saw the man commit the burglary. While the friend was still subject to recall as a witness, the man calls the friend's cellmate to testify that the friend said, "I broke into the warehouse alone because [the man] was too drunk to help."

The evidence of the friend's statement is

A. admissible as a declaration against penal interest.
B. admissible as a prior inconsistent statement.
C. inadmissible, because it is hearsay not within any exception.
D. inadmissible, because the statement is not clearly corroborated.
The correct answer is B. But how? I immediately eliminated B because I thought prior inconsistent statements had to be statements made under oath at a proceeding?
I think that's only necessary if you want the statement to come in for its truth as well as to impeach. If you're just using the statement for impeachment purposes, the formalities aren't necessary.

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Re: Average Adapti bar score

Post by iwantmybar » Thu Feb 18, 2016 9:31 pm

DueProcessDoWheelies wrote:Can someone explain this evidence question?
A man and his friend were charged with burglary of a warehouse. They were tried separately. At the man's trial, the friend testified that he saw the man commit the burglary. While the friend was still subject to recall as a witness, the man calls the friend's cellmate to testify that the friend said, "I broke into the warehouse alone because [the man] was too drunk to help."

The evidence of the friend's statement is

A. admissible as a declaration against penal interest.
B. admissible as a prior inconsistent statement.
C. inadmissible, because it is hearsay not within any exception.
D. inadmissible, because the statement is not clearly corroborated.
The correct answer is B. But how? I immediately eliminated B because I thought prior inconsistent statements had to be statements made under oath at a proceeding?
Prior inconsistent statement are available as substantive evidence but also to impeach the witness.

Here, you are right, this can"t be admitted as substantive evidence that the man did or did not commit the burglary because it was not given under oath since it was a statement made to the cellmate. Nevertheless, the statement is still available to impeach the friend because as a prior inconsistent statement only ( and not to prove the substance of the statement ). See the difference?

Seriously? What are you waiting for?

Now there's a charge.
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