How confident do you feel?

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trebekismyhero

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Re: How confident do you feel?

Postby trebekismyhero » Thu Feb 23, 2017 6:04 pm

Going over exam questions after the fact with friends or on TLS will not make anyone feel better. I remember my friends talking about questions and answers and finding out I got some essay answers wrong. It made me nervous when I wasn't and it all ended up fine.

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rcharter1978

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Re: How confident do you feel?

Postby rcharter1978 » Thu Feb 23, 2017 6:15 pm

YalteseFalcon wrote:
cnk1220 wrote:^ I agree. It would be largely unfair just to throw out easy Qs-- although I think I got every con law "easy Q" wrong because I thought this couldn't possibly be the answer..


I know the feeling. It would be one thing if i didn't already have the suspicion that the test is trying to throw you off with red herrings and distractors. But occasionally, there is a very basic, straightforward question with no catch.

I also fell into the trap of second-guessing answer choices I believed to be correct because the fell into a long string of the same letter answers. E.g. If I chose "C" answers to questions 10-14, question 15 also looks like a C. I see that there hasn't been an "A" in a very long time, but that answer doesn't quite look right. I guess I'll pick C again. Question 16. C AGAIN! Ugh. Now I must be doing something wrong.


This is where programs like Barbri do a great disservice. They are constantly trying to trick you, and the "real" answer always has some over the top convoluted reasoning behind it. But the bar was never really like that, to me, a lot of the MBE answers were just pretty straight forward. There wasn't like the 3 red herrings Barbri would put in. So, you would be looking for the trick when there wasn't one.

yankeeman86

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Re: How confident do you feel?

Postby yankeeman86 » Thu Feb 23, 2017 6:24 pm

1
Last edited by yankeeman86 on Thu Feb 23, 2017 6:49 pm, edited 1 time in total.

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Chevron Deference

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Re: How confident do you feel?

Postby Chevron Deference » Thu Feb 23, 2017 6:37 pm

yankeeman86 wrote:
YalteseFalcon wrote:
cnk1220 wrote:A police officer can be an expert on limited matters, narcotics are one of them.


This is true. I've heard officers testifying in motions to suppress for terry frisk identifications of contraband based on plain feel. The officer will say that in his X years of experience on the narcotics team, it was plainly apparent to him that he felt crack cocaine, etc. They have done this without being procedurally qualified as an expert

But does this extend to "signaling"?



it was whether a person from across the street who raises his arm to a group of others across the streets is a sign that a drug sale is doing down....



Generally as long as it deals with the "conduct" of narcotics dealers then the testimony of the police will be allowed as expert testimony if the police can show that he/she has years of experience.

yankeeman86

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Re: How confident do you feel?

Postby yankeeman86 » Thu Feb 23, 2017 6:49 pm

Chevron Deference wrote:
yankeeman86 wrote:
YalteseFalcon wrote:
cnk1220 wrote:A police officer can be an expert on limited matters, narcotics are one of them.


This is true. I've heard officers testifying in motions to suppress for terry frisk identifications of contraband based on plain feel. The officer will say that in his X years of experience on the narcotics team, it was plainly apparent to him that he felt crack cocaine, etc. They have done this without being procedurally qualified as an expert

But does this extend to "signaling"?



it was whether a person from across the street who raises his arm to a group of others across the streets is a sign that a drug sale is doing down....



Generally as long as it deals with the "conduct" of narcotics dealers then the testimony of the police will be allowed as expert testimony if the police can show that he/she has years of experience.



Where are you getting this rule from...?

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Chevron Deference

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Re: How confident do you feel?

Postby Chevron Deference » Thu Feb 23, 2017 7:07 pm

yankeeman86 wrote:
Chevron Deference wrote:
yankeeman86 wrote:
YalteseFalcon wrote:
cnk1220 wrote:A police officer can be an expert on limited matters, narcotics are one of them.


This is true. I've heard officers testifying in motions to suppress for terry frisk identifications of contraband based on plain feel. The officer will say that in his X years of experience on the narcotics team, it was plainly apparent to him that he felt crack cocaine, etc. They have done this without being procedurally qualified as an expert

But does this extend to "signaling"?



it was whether a person from across the street who raises his arm to a group of others across the streets is a sign that a drug sale is doing down....



Generally as long as it deals with the "conduct" of narcotics dealers then the testimony of the police will be allowed as expert testimony if the police can show that he/she has years of experience.



Where are you getting this rule from...?


I'm not sure if this issue ever made it to SCOTUS, I know it has been discussed in several circuits. The 6th circuit has discussed it in-depth in multiple cases.

US v. Lopez-Medina, 461 F. 3d 724, 742-43 (6th Cir.2006).

US v. Johnson, 488 F. 3d 690, 698 (6th Cir.2007).

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Chevron Deference

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Re: How confident do you feel?

Postby Chevron Deference » Thu Feb 23, 2017 7:39 pm

QP:

Does Congress have broad power to tax and spend, even if they try to get the house of representatives involved in state policy issues?

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cnk1220

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Re: How confident do you feel?

Postby cnk1220 » Thu Feb 23, 2017 7:43 pm

.
Last edited by cnk1220 on Thu Feb 23, 2017 8:25 pm, edited 1 time in total.

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Chevron Deference

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Re: How confident do you feel?

Postby Chevron Deference » Thu Feb 23, 2017 7:47 pm

...
Last edited by Chevron Deference on Thu Feb 23, 2017 8:30 pm, edited 1 time in total.

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cnk1220

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Re: How confident do you feel?

Postby cnk1220 » Thu Feb 23, 2017 7:51 pm

.
Last edited by cnk1220 on Thu Feb 23, 2017 10:25 pm, edited 2 times in total.

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Chevron Deference

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Re: How confident do you feel?

Postby Chevron Deference » Thu Feb 23, 2017 8:15 pm

1
Last edited by Chevron Deference on Thu Feb 23, 2017 8:38 pm, edited 1 time in total.

yankeeman86

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Re: How confident do you feel?

Postby yankeeman86 » Thu Feb 23, 2017 10:04 pm

cnk1220 wrote:
Chevron Deference wrote:
cnk1220 wrote:
Chevron Deference wrote:QP:

Does Congress have broad power to tax and spend, even if they try to get the house of representatives involved in state policy issues?



.

I was thinking that too, but then someone told me that it did not appear as if Congress was "commandeering" the states in this instance. So I wanted to consult TLS.


.


The above doesn't sound like a commandeering issue unless there is a condition attached. Congress' power to tax and spend is broad wide and thick and long.

ur_hero

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Re: How confident do you feel?

Postby ur_hero » Thu Feb 23, 2017 10:23 pm

yankeeman86 wrote:
cnk1220 wrote:
Chevron Deference wrote:
cnk1220 wrote:
Chevron Deference wrote:QP:

Does Congress have broad power to tax and spend, even if they try to get the house of representatives involved in state policy issues?



.

I was thinking that too, but then someone told me that it did not appear as if Congress was "commandeering" the states in this instance. So I wanted to consult TLS.


.


The above doesn't sound like a commandeering issue unless there is a condition attached. Congress' power to tax and spend is broad wide and thick and long.


What if a congressional committee (consisting of federal congressional representatives and senators from that state) is established to oversee a federal law's compliance by the state, and actually directs (and has some approval rights) over state agencies on how to administer or enforce the law? Hypothetically speaking.

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Re: How confident do you feel?

Postby pdwannabe » Fri Feb 24, 2017 12:12 am

ur_hero wrote:
yankeeman86 wrote:
cnk1220 wrote:
Chevron Deference wrote:
cnk1220 wrote:
Chevron Deference wrote:QP:

Does Congress have broad power to tax and spend, even if they try to get the house of representatives involved in state policy issues?



.

I was thinking that too, but then someone told me that it did not appear as if Congress was "commandeering" the states in this instance. So I wanted to consult TLS.


.


The above doesn't sound like a commandeering issue unless there is a condition attached. Congress' power to tax and spend is broad wide and thick and long.


What if a congressional committee (consisting of federal congressional representatives and senators from that state) is established to oversee a federal law's compliance by the state, and actually directs (and has some approval rights) over state agencies on how to administer or enforce the law? Hypothetically speaking.



I believe congress cannot assign itself functions that are for the executive branch

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PersistentAttorney

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Re: How confident do you feel?

Postby PersistentAttorney » Fri Feb 24, 2017 11:56 am

YalteseFalcon wrote:Alright, how about this one: goal of promoting religious tolerance. Morning prayer in public school of different religions. Right to not participate.

Allowed because secular purpose?
Not allowed because primary effect is to promote religion?
Don't remember the other two choices.


Secular - universally applicable.

Like teaching multiple religions for educational purposes.

Test is primary effect AND purpose to promote religion. Here purpose is to promote tolerance to other dogmas.

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PersistentAttorney

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Re: How confident do you feel?

Postby PersistentAttorney » Fri Feb 24, 2017 12:09 pm

mikefichera wrote:
happyhour1122 wrote:disguised mortgage or no state of frauds?


disguised but felt dirty about it.


Same here... like trying to prevent his equity of redemption which is "uncloggable"

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PersistentAttorney

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Re: How confident do you feel?

Postby PersistentAttorney » Fri Feb 24, 2017 12:10 pm

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?


No - both were OK.

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PersistentAttorney

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Re: How confident do you feel?

Postby PersistentAttorney » Fri Feb 24, 2017 12:13 pm

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


You must show that you have a solid case on the merits to get an injunction. Like a high probability to win. And also the other elements (threat of irreparable harm etc)

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Re: How confident do you feel?

Postby favrefire4 » Fri Feb 24, 2017 12:18 pm

PersistentAttorney wrote:
YalteseFalcon wrote:Alright, how about this one: goal of promoting religious tolerance. Morning prayer in public school of different religions. Right to not participate.

Allowed because secular purpose?
Not allowed because primary effect is to promote religion?
Don't remember the other two choices.


Secular - universally applicable.

Like teaching multiple religions for educational purposes.

Test is primary effect AND purpose to promote religion. Here purpose is to promote tolerance to other dogmas.


I'm fairly certain this is not correct. I had a question in my review course and looked up the case and it held that prayer in school, regardless of its application, or whether students can opt out, is not allowed.

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PersistentAttorney

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Re: How confident do you feel?

Postby PersistentAttorney » Fri Feb 24, 2017 12:19 pm

reasonableperson 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.


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.


Because this way everyone would pass. Especially experienced foreign educated attorneys with more real professional experience than domestic law graduates.

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cnk1220

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Re: How confident do you feel?

Postby cnk1220 » Fri Feb 24, 2017 12:20 pm

.
Last edited by cnk1220 on Fri Mar 03, 2017 12:21 am, edited 1 time in total.

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PersistentAttorney

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Re: How confident do you feel?

Postby PersistentAttorney » Fri Feb 24, 2017 12:24 pm

favrefire4 wrote:
PersistentAttorney wrote:
YalteseFalcon wrote:Alright, how about this one: goal of promoting religious tolerance. Morning prayer in public school of different religions. Right to not participate.

Allowed because secular purpose?
Not allowed because primary effect is to promote religion?
Don't remember the other two choices.


Secular - universally applicable.

Like teaching multiple religions for educational purposes.

Test is primary effect AND purpose to promote religion. Here purpose is to promote tolerance to other dogmas.


I'm fairly certain this is not correct. I had a question in my review course and looked up the case and it held that prayer in school, regardless of its application, or whether students can opt out, is not allowed.


It is exactly the same with posting the Ten Commandments on the wall. You can't when alone, you can when with or next to other monuments. Remember the Lemon test requires both purpose and effect. You are right about voluntariness as school kids ain't adults BUT it does not promote religion per se. It promotes tolerance surrounding religion and you have NO religious purpose. The example you remember is the moment of silence in schools as disguised prayer but there the purpose was to promote religion in a disguised manner. Here it was clear that promotion of religion was not the purpose.

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Chevron Deference

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Re: How confident do you feel?

Postby Chevron Deference » Fri Feb 24, 2017 12:31 pm

PersistentAttorney wrote:
favrefire4 wrote:
PersistentAttorney wrote:
YalteseFalcon wrote:Alright, how about this one: goal of promoting religious tolerance. Morning prayer in public school of different religions. Right to not participate.

Allowed because secular purpose?
Not allowed because primary effect is to promote religion?
Don't remember the other two choices.


Secular - universally applicable.

Like teaching multiple religions for educational purposes.

Test is primary effect AND purpose to promote religion. Here purpose is to promote tolerance to other dogmas.


I'm fairly certain this is not correct. I had a question in my review course and looked up the case and it held that prayer in school, regardless of its application, or whether students can opt out, is not allowed.


It is exactly the same with posting the Ten Commandments on the wall. You can't when alone, you can when with or next to other monuments. Remember the Lemon test requires both purpose and effect. You are right about voluntariness as school kids ain't adults BUT it does not promote religion per se. It promotes tolerance surrounding religion and you have NO religious purpose. The example you remember is the moment of silence in schools as disguised prayer but there the purpose was to promote religion in a disguised manner. Here it was clear that promotion of religion was not the purpose.


I believe prayer in school is prohibited.

https://en.wikipedia.org/wiki/Engel_v._Vitale

The Ten Commandment case dealt with public forums and government endorsed viewpoint discrimination.

https://en.wikipedia.org/wiki/Pleasant_ ... _v._Summum

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Re: How confident do you feel?

Postby lawdeeedaw » Fri Feb 24, 2017 12:33 pm

Are vocal prayer and Bible reading in the classroom permitted?
Vocal denominational or nondenominational prayer, and ceremonial reading from the Bible, are unconstitutional practices in the public school classroom. 8 It is legally irrelevant if the prayer or Bible reading is voluntary, or if students may be excused from the activity or classroom during the prayer. Student volunteers may not offer prayers for recitation. 9 Similarly, student volunteers are prohibited from broadcasting prayers over a school intercom system into the class-room.

http://archive.adl.org/religion_ps_2004/prayer.html

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Chevron Deference

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Re: How confident do you feel?

Postby Chevron Deference » Fri Feb 24, 2017 12:35 pm

lawdeeedaw wrote:Are vocal prayer and Bible reading in the classroom permitted?
Vocal denominational or nondenominational prayer, and ceremonial reading from the Bible, are unconstitutional practices in the public school classroom. 8 It is legally irrelevant if the prayer or Bible reading is voluntary, or if students may be excused from the activity or classroom during the prayer. Student volunteers may not offer prayers for recitation. 9 Similarly, student volunteers are prohibited from broadcasting prayers over a school intercom system into the class-room.

http://archive.adl.org/religion_ps_2004/prayer.html


Agreed Engel v. Vitale, 370 U.S. 421 (1962)



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