How confident do you feel?

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yankeeman86

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Re: How confident do you feel?

Postby yankeeman86 » Thu Feb 23, 2017 12:36 am

dredd16 wrote:
Therealellewoods27 wrote:17yr comits murder sentenced at 18?!? Cruel and unusual?

https://en.wikipedia.org/wiki/Roper_v._Simmons


:D

yankeeman86

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Re: How confident do you feel?

Postby yankeeman86 » Thu Feb 23, 2017 12:37 am

yankeeman86 wrote:
dredd16 wrote:
Therealellewoods27 wrote:17yr comits murder sentenced at 18?!? Cruel and unusual?

https://en.wikipedia.org/wiki/Roper_v._Simmons


:D



illegal pretextual stop or probable cause?

mikefichera

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Re: How confident do you feel?

Postby mikefichera » Thu Feb 23, 2017 12:40 am

yankeeman86 wrote:
yankeeman86 wrote:
dredd16 wrote:
Therealellewoods27 wrote:17yr comits murder sentenced at 18?!? Cruel and unusual?

https://en.wikipedia.org/wiki/Roper_v._Simmons


:D



illegal pretextual stop or probable cause?



pretextual stops are fine, i said probable cuase to search. figuring if they had PC they wouldn't need a warrant.

Rap Genius

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Re: How confident do you feel?

Postby Rap Genius » Thu Feb 23, 2017 12:46 am

No, because (wrong answer)
No, because (wrong answer)
No, because (wrong answer)
Yes, because (but not the answer I was looking for)

Rap Genius

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Re: How confident do you feel?

Postby Rap Genius » Thu Feb 23, 2017 12:49 am

mikefichera wrote:
yankeeman86 wrote:
yankeeman86 wrote:
dredd16 wrote:
Therealellewoods27 wrote:17yr comits murder sentenced at 18?!? Cruel and unusual?

https://en.wikipedia.org/wiki/Roper_v._Simmons


:D



illegal pretextual stop or probable cause?



pretextual stops are fine, i said probable cuase to search. figuring if they had PC they wouldn't need a warrant.


no arrest warrant, with detention for a day, does either violate the constitution?

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ArtistOfManliness

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Re: How confident do you feel?

Postby ArtistOfManliness » Thu Feb 23, 2017 12:52 am

Rap Genius wrote:No, because (wrong answer)
No, because (wrong answer)
No, because (wrong answer)
Yes, because (but not the answer I was looking for)


+24 (or so?)

CalBar3Day

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Re: How confident do you feel?

Postby CalBar3Day » Thu Feb 23, 2017 12:54 am

Hearing for injunction and merits at same time? What? WHATTTT?!

reasonableperson

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Re: How confident do you feel?

Postby reasonableperson » Thu Feb 23, 2017 12:57 am

MEE UBE Corporations Question - Were we suppose to argue for the SH or against them. I initially started pro SH, but then saw that we were supposed to be writing from the corporation counsel's prospective, which made me figure we were to defend the corporation's actions. I quickly reversed my opinion on all counts.

Wasn't till after the exam that I realized that corporation counsel could have been pro-SH, especially in light of the serious charges. Did some reading and it seems to be the justified. Don't know, seems like going pro SH was much easier to write about, especially with the "highly reputable newspaper article, etc."

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ArtistOfManliness

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Re: How confident do you feel?

Postby ArtistOfManliness » Thu Feb 23, 2017 1:01 am

Does Article II not matter anymore? Is this what Trump's America looks like?

yankeeman86

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Re: How confident do you feel?

Postby yankeeman86 » Thu Feb 23, 2017 1:02 am

reasonableperson wrote:MEE UBE Corporations Question - Were we suppose to argue for the SH or against them. I initially started pro SH, but then saw that we were supposed to be writing from the corporation counsel's prospective, which made me figure we were to defend the corporation's actions. I quickly reversed my opinion on all counts.

Wasn't till after the exam that I realized that corporation counsel could have been pro-SH, especially in light of the serious charges. Did some reading and it seems to be the justified. Don't know, seems like going pro SH was much easier to write about, especially with the "highly reputable newspaper article, etc."


you did better than most

yankeeman86

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Re: How confident do you feel?

Postby yankeeman86 » Thu Feb 23, 2017 1:02 am

CalBar3Day wrote:Hearing for injunction and merits at same time? What? WHATTTT?!


can you elaborate?

yankeeman86

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Re: How confident do you feel?

Postby yankeeman86 » Thu Feb 23, 2017 1:03 am

important issue or complied with statutory appeal requirements?

yankeeman86

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Re: How confident do you feel?

Postby yankeeman86 » Thu Feb 23, 2017 1:05 am

Rap Genius wrote:
mikefichera wrote:
yankeeman86 wrote:
yankeeman86 wrote:
dredd16 wrote:
Therealellewoods27 wrote:17yr comits murder sentenced at 18?!? Cruel and unusual?

https://en.wikipedia.org/wiki/Roper_v._Simmons


:D



illegal pretextual stop or probable cause?



pretextual stops are fine, i said probable cuase to search. figuring if they had PC they wouldn't need a warrant.


no arrest warrant, with detention for a day, does either violate the constitution?


LOL, no clue.

same as before initial court appearance with judge, undercover did not elicit a statement from them?

Rap Genius

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Re: How confident do you feel?

Postby Rap Genius » Thu Feb 23, 2017 1:10 am

yankeeman86 wrote:
Rap Genius wrote:
mikefichera wrote:
yankeeman86 wrote:
yankeeman86 wrote:
dredd16 wrote:
Therealellewoods27 wrote:17yr comits murder sentenced at 18?!? Cruel and unusual?

https://en.wikipedia.org/wiki/Roper_v._Simmons


:D



illegal pretextual stop or probable cause?



pretextual stops are fine, i said probable cuase to search. figuring if they had PC they wouldn't need a warrant.


no arrest warrant, with detention for a day, does either violate the constitution?


LOL, no clue.

same as before initial court appearance with judge, undercover did not elicit a statement from them?


If I follow you correctly, after formal proceeding, 6th amendment attaches... but I don't think that stops the jail house snitch if he's just... there...

[i'm not a lawyer]

mikefichera

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Re: How confident do you feel?

Postby mikefichera » Thu Feb 23, 2017 1:14 am

same as before initial court appearance with judge, undercover did not elicit a statement from them?[/quote]

If I follow you correctly, after formal proceeding, 6th amendment attaches... but I don't think that stops the jail house snitch if he's just... there...

[i'm not a lawyer][/quote]


correct, the police did not do anything to elicit the response.

happyhour1122

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Re: How confident do you feel?

Postby happyhour1122 » Thu Feb 23, 2017 1:16 am

yankeeman86 wrote:
Rap Genius wrote:
mikefichera wrote:
yankeeman86 wrote:
yankeeman86 wrote:
dredd16 wrote:
Therealellewoods27 wrote:17yr comits murder sentenced at 18?!? Cruel and unusual?

https://en.wikipedia.org/wiki/Roper_v._Simmons


:D



illegal pretextual stop or probable cause?



pretextual stops are fine, i said probable cuase to search. figuring if they had PC they wouldn't need a warrant.


no arrest warrant, with detention for a day, does either violate the constitution?


LOL, no clue.

same as before initial court appearance with judge, undercover did not elicit a statement from them?

Didn't initiate!

Impishee

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Re: How confident do you feel?

Postby Impishee » Thu Feb 23, 2017 1:20 am

DueProcessDoWheelies wrote:So many questions testing a familiar area of law...

...only to ask you about some bizarre nuance that you've never heard of


This. Jesus.

NonTradHealthLaw

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Re: How confident do you feel?

Postby NonTradHealthLaw » Thu Feb 23, 2017 1:34 am

Disclaimer, I've been lawyering transactionally for 3 years and my trial experience is limited to 1983 pro bono cases and clerking; however, this was the epitome of a procedural shit show. A trillion subtle exceptions that, in practice, you know only through one unicorn client.

reasonableperson

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Re: How confident do you feel?

Postby reasonableperson » Thu Feb 23, 2017 1:37 am

NonTradHealthLaw wrote:Disclaimer, I've been lawyering transactionally for 3 years and my trial experience is limited to 1983 pro bono cases and clerking; however, this was the epitome of a procedural shit show. A trillion subtle exceptions that, in practice, you know only through one unicorn client.


This. Why can't they test us on the usual law and exceptions and just raise the bar more, rather than making everyone feel like crap.

mikefichera

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Re: How confident do you feel?

Postby mikefichera » Thu Feb 23, 2017 1:43 am

NonTradHealthLaw wrote:Disclaimer, I've been lawyering transactionally for 3 years and my trial experience is limited to 1983 pro bono cases and clerking; however, this was the epitome of a procedural shit show. A trillion subtle exceptions that, in practice, you know only through one unicorn client.


yeah, i have a theory that they have been trying to artificially limit the flow of new attorneys, i just refuse to believe that after 2009 all the people trying to become lawyers are some how less intelligent than in years past. the passage rates in some of these states are just mind blowing. the ABA says we are just dumb. but i'll tell you what, i review some of those old bar exam essays...and they are a joke. my MEE had 2 out of 6 traditional topics. (contracts and real property) the rest were corporations, family law, wills/trust, and agency. these are not "common law" subjects, how they can even test on these without basing it on a specific jurisdictions law kinda boggles my mind.

also, making 25 questions as no longer counting makes each question that does count much more important...now i don't know about you but it's a struggle for me to complete the 100 questions in the allotted time, and this is just going to make it even more difficult for people to pass this exam.

yankeeman86

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Re: How confident do you feel?

Postby yankeeman86 » Thu Feb 23, 2017 2:07 am

mikefichera wrote:
NonTradHealthLaw wrote:Disclaimer, I've been lawyering transactionally for 3 years and my trial experience is limited to 1983 pro bono cases and clerking; however, this was the epitome of a procedural shit show. A trillion subtle exceptions that, in practice, you know only through one unicorn client.


yeah, i have a theory that they have been trying to artificially limit the flow of new attorneys, i just refuse to believe that after 2009 all the people trying to become lawyers are some how less intelligent than in years past. the passage rates in some of these states are just mind blowing. the ABA says we are just dumb. but i'll tell you what, i review some of those old bar exam essays...and they are a joke. my MEE had 2 out of 6 traditional topics. (contracts and real property) the rest were corporations, family law, wills/trust, and agency. these are not "common law" subjects, how they can even test on these without basing it on a specific jurisdictions law kinda boggles my mind.

also, making 25 questions as no longer counting makes each question that does count much more important...now i don't know about you but it's a struggle for me to complete the 100 questions in the allotted time, and this is just going to make it even more difficult for people to pass this exam.


The 25 experimental questions are also part of their grand scheme to reduce the passage rate. They are obviously designed to bog you down and disrupt your flow and focus. But having 25, instead of 10 allows them to be master manipulators of the scoring scale. I think the "experimental" questions can be included as a graded question. They are not deemed "experimental" before the admin of the exam. The NCBE describes them as pretest questions....WTF does that mean?

I believe the experimentals naturally come from a group of questions that are new and super difficult. Assuming each experimental has a correct answer (valid/existing rule covered under the 7 MBE subjects), depending on how the guinea pigs react, they will COUNT/GRADE the experimentals that are least correctly answered and then take the most correctly answered non-experimental questions and put them into the bucket of 25 ungraded questions.

I'd like to think that many of the difficult questions that you came across earlier today will count towards your final MBE graded score and that a good number of the easy questions you came across will be disregarded and become "experimental".

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nelue

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Re: How confident do you feel?

Postby nelue » Thu Feb 23, 2017 2:20 am

mikefichera wrote:same as before initial court appearance with judge, undercover did not elicit a statement from them?


If I follow you correctly, after formal proceeding, 6th amendment attaches... but I don't think that stops the jail house snitch if he's just... there...

[i'm not a lawyer][/quote]


correct, the police did not do anything to elicit the response.[/quote]

If indicted however 6th attaches too ... sooo lawyer must be present right?

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cnk1220

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Re: How confident do you feel?

Postby cnk1220 » Thu Feb 23, 2017 2:22 am

yankeeman86 wrote:
mikefichera wrote:
NonTradHealthLaw wrote:Disclaimer, I've been lawyering transactionally for 3 years and my trial experience is limited to 1983 pro bono cases and clerking; however, this was the epitome of a procedural shit show. A trillion subtle exceptions that, in practice, you know only through one unicorn client.


yeah, i have a theory that they have been trying to artificially limit the flow of new attorneys, i just refuse to believe that after 2009 all the people trying to become lawyers are some how less intelligent than in years past. the passage rates in some of these states are just mind blowing. the ABA says we are just dumb. but i'll tell you what, i review some of those old bar exam essays...and they are a joke. my MEE had 2 out of 6 traditional topics. (contracts and real property) the rest were corporations, family law, wills/trust, and agency. these are not "common law" subjects, how they can even test on these without basing it on a specific jurisdictions law kinda boggles my mind.

also, making 25 questions as no longer counting makes each question that does count much more important...now i don't know about you but it's a struggle for me to complete the 100 questions in the allotted time, and this is just going to make it even more difficult for people to pass this exam.


The 25 experimental questions are also part of their grand scheme to reduce the passage rate. They are obviously designed to bog you down and disrupt your flow and focus. But having 25, instead of 10 allows them to be master manipulators of the scoring scale. I think the "experimental" questions can be included as a graded question. They are not deemed "experimental" before the admin of the exam. The NCBE describes them as pretest questions....WTF does that mean?

I believe the experimentals naturally come from a group of questions that are new and super difficult. Assuming each experimental has a correct answer (valid/existing rule covered under the 7 MBE subjects), depending on how the guinea pigs react, they will COUNT/GRADE the experimentals that are least correctly answered and then take the most correctly answered non-experimental questions and put them into the bucket of 25 ungraded questions.

I'd like to think that many of the difficult questions that you came across earlier today will count towards your final MBE graded score and that a good number of the easy questions you came across will be disregarded and become "experimental".



I thought the experimental ones were supposed to be the more "difficult/nuanced/obscure" questions, not the easy ones? Also I thought they were already determined prior to the exam-- and I've also heard if a lot of people get a Q wrong they sometimes throw it out...

happyhour1122

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Re: How confident do you feel?

Postby happyhour1122 » Thu Feb 23, 2017 2:27 am

nelue wrote:
mikefichera wrote:same as before initial court appearance with judge, undercover did not elicit a statement from them?


If I follow you correctly, after formal proceeding, 6th amendment attaches... but I don't think that stops the jail house snitch if he's just... there...

[i'm not a lawyer]



correct, the police did not do anything to elicit the response.[/quote]

If indicted however 6th attaches too ... sooo lawyer must be present right?[/quote]


whether its 5th or 6th, no initiate!
(i hope...)

mikefichera

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Re: How confident do you feel?

Postby mikefichera » Thu Feb 23, 2017 2:38 am

nelue wrote:
mikefichera wrote:same as before initial court appearance with judge, undercover did not elicit a statement from them?


If I follow you correctly, after formal proceeding, 6th amendment attaches... but I don't think that stops the jail house snitch if he's just... there...

[i'm not a lawyer]



correct, the police did not do anything to elicit the response.[/quote]

If indicted however 6th attaches too ... sooo lawyer must be present right?[/quote]

no. after 6th amendment attaches lawyer must be present at all important (forgot the word they use) parts of the proceedings. that does not mean that the defendants conversation to someone else where he could be overheard are protected under miranda.



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