Themis Bar Review Hangout - July 2017

quirky
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Re: Themis Bar Review Hangout - July 2017

Postby quirky » Fri Jul 21, 2017 3:03 pm

whats an updog wrote:
quirky wrote:
bmmccb223 wrote:Anyone feel like further study is futile at this point? I think I've hit the information overload point such that when I learn one thing I forget another.


Yep. I've been at this point for a couple of days now. Having a real tough time focusing now.


Yeah, for MBE I feel like there is nothing more to be done. But still getting essays straight / reading model answers. Productivity definitely at a low though.


This is exactly what I am doing. Spent the past week reviewing all the essay law, now reviewing old essays. Sunday and Monday switching gears to p & e short answers. So ready to be done!

dc912
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Re: Themis Bar Review Hangout - July 2017

Postby dc912 » Fri Jul 21, 2017 3:53 pm

Did anyone think MBE PQ 17 was hard? Or am I just hitting a wall rn?

PS: this is the worst thing ever

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Bass
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Re: Themis Bar Review Hangout - July 2017

Postby Bass » Fri Jul 21, 2017 4:09 pm

uceoledinbdnrn wrote:
2014applicant wrote:
whats an updog wrote:
nichsull wrote:
champloo wrote:
2014applicant wrote:Can anybody explain how you would use a prior judgment against a defendant for non-impeachment purposes? I'm having trouble wrapping my head around when it wouldn't be character evidence.


not sure if im understanding you correctly but, couldn't P use D's conviction in the criminal suit as evidence for D's fault in a subsequent civil suit?



Also, couldn't you use a prior conviction for MIMIC issues? I think there was a MBE question where the person was convicted of robbery three times and always spray painted a rabbit at the crime scene and this last time he was on trial for robbery there was a rabbit spray painted at the scene and the prosecution wanted to use it to prove identity.


Yes, you could use it for MIMIC purposes. I think that I remember some potential nuance that a court might exclude the information about there being an actual arrest or conviction due to 403 unfair prejudice problems, but regardless of that point, the facts of their previous bad act can absolutely come in for MIMIC purposes.


Thanks for all the help! Can a prior criminal conviction be used to show fault in a civil cause per champloo's question above?


yup. Certified copy of a judgment falls under the public records exception to hearsay and is admissible in either a criminal or civil trial to "prove any fact essential to the judgment."

So like if D punched someone and was found guilty of aggravated battery and then later that person died from their wounds and their family filed a wrongful death action and the state charged D with murder, the judgment from the aggravated battery trial would be admissible in both cases.


Just to be clear, are you talking about the Public Records exception on page 47 of the Themis outlines, or the Judgment of Previous Conviction on page 48? Because what you're describing sounds more like the latter...

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robin600
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Re: Themis Bar Review Hangout - July 2017

Postby robin600 » Fri Jul 21, 2017 4:15 pm

Ugh 58% on mbe set 13. Totally killed me. I'm not thinking straight at this point it feels like. super stressed!

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MelaPela
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Re: Themis Bar Review Hangout - July 2017

Postby MelaPela » Fri Jul 21, 2017 4:23 pm

I've switched to a different source of questions (switched after doing Themis MBE Set 12) and am slipping in % as well... I really hope this isn't a terrible sign.

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Bass
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Re: Themis Bar Review Hangout - July 2017

Postby Bass » Fri Jul 21, 2017 4:32 pm

I wouldnt put too much stock into Themis MBE questions or sources other than NCBE...many Themis questions are especially infuriating when there are two technically correct answers but the only way to arrive at the point scoring one is to guess at what the question drafter is trying to "ask"... :roll:

bill_swerski
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Re: Themis Bar Review Hangout - July 2017

Postby bill_swerski » Fri Jul 21, 2017 4:43 pm

Anyone else feel totally screwed with regard to MEE essay knowledge? Those Themis model answers...

dc912
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Re: Themis Bar Review Hangout - July 2017

Postby dc912 » Fri Jul 21, 2017 4:46 pm

bill_swerski wrote:Anyone else feel totally screwed with regard to MEE essay knowledge? Those Themis model answers...


In short, yes.

Has anyone scored higher than a 4 on the graded essays? I haven't heard from anyone who did better.

bill_swerski
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Re: Themis Bar Review Hangout - July 2017

Postby bill_swerski » Fri Jul 21, 2017 4:50 pm

dc912 wrote:
bill_swerski wrote:Anyone else feel totally screwed with regard to MEE essay knowledge? Those Themis model answers...


In short, yes.

Has anyone scored higher than a 4 on the graded essays? I haven't heard from anyone who did better.


I got higher than 4 on one. However, in my opinion the graded essays aren't nearly as hard as some of the other practice essays that seem to focus on issues that were barely mentioned in the lectures/workshop hand outs.

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gatorfan163287
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Re: Themis Bar Review Hangout - July 2017

Postby gatorfan163287 » Fri Jul 21, 2017 5:18 pm

Steve2207 wrote:Is there a way to mark the “Review” sessions completed in the flex study? I would like to replace problem set 17 with the S&T PM Session, but if I do it doesn’t appear that I would have anyway of moving forward and marking the final review sessions as completed.

Really don't want to mess up my completion rate, but some of the earlier post have me nervous about the MBE. (I will be just shy of 95% course completion by the end of the day, but my overall MBE score is only a 65%)

Don't think so. I've been stuck at 90% for days now because Themis wants me to do their MBE problem sets but I stopped after #11 and started doing Emmanuel's instead and reviewing on my own. Not like the actual % matters. Once you hit 100% it doesn't even give you a congratulatory message or anything.

Probably just would say "BACK TO THE GRIND ASSHOLE YOU THINK YOU'RE DONE THEMING?"

uceoledinbdnrn
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Re: Themis Bar Review Hangout - July 2017

Postby uceoledinbdnrn » Fri Jul 21, 2017 5:34 pm

State never passing up the opportunity to charge felony murder when plain old murder would do the trick in Themis land.

2014applicant
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Re: Themis Bar Review Hangout - July 2017

Postby 2014applicant » Fri Jul 21, 2017 7:22 pm

Re: Contracts & Sales Essay Question 3566 (antique doll question)

I thought sellers in UCC contracts could only recover incidental damages, and not consequential damages. Why is the model answer saying that seller can recover the difference in retail price and the contract price, plus incidental AND consequential damages? I know it's kind of moot because there aren't any consequential damages, but wanted to see if I have the law wrong.

gruiz4047
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Re: Themis Bar Review Hangout - July 2017

Postby gruiz4047 » Fri Jul 21, 2017 7:46 pm

bill_swerski wrote:Anyone else feel totally screwed with regard to MEE essay knowledge? Those Themis model answers...


I'm in the same boat, and I'm starting to freak out.

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whats an updog
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Re: Themis Bar Review Hangout - July 2017

Postby whats an updog » Fri Jul 21, 2017 7:47 pm

2014applicant wrote:Re: Contracts & Sales Essay Question 3566 (antique doll question)

I thought sellers in UCC contracts could only recover incidental damages, and not consequential damages. Why is the model answer saying that seller can recover the difference in retail price and the contract price, plus incidental AND consequential damages? I know it's kind of moot because there aren't any consequential damages, but wanted to see if I have the law wrong.


Man, my remedies knowledge is still pretty shaky, but I thought compensatory/consequential/incidental damages were all fine so long as they could be proved with reasonable certainty.

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twenty
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Re: Themis Bar Review Hangout - July 2017

Postby twenty » Fri Jul 21, 2017 11:46 pm

uceoledinbdnrn wrote:State never passing up the opportunity to charge felony murder when plain old murder would do the trick in Themis land.


Hahaha JFC.

"Sorry, that's not the correct answer:

The correct answer is D. Although the state COULD have charged defendant with common law murder, would have been successful, and there would basically be no defense/the defendant would be heading to San Quentin within minutes of the jury entering deliberations, because the state picked frigging felony murder, the defendant gets off scot-free. Therefore, all the other answers that make sense are wrong."

uceoledinbdnrn
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Re: Themis Bar Review Hangout - July 2017

Postby uceoledinbdnrn » Sat Jul 22, 2017 12:02 am

whats an updog wrote:
2014applicant wrote:Re: Contracts & Sales Essay Question 3566 (antique doll question)

I thought sellers in UCC contracts could only recover incidental damages, and not consequential damages. Why is the model answer saying that seller can recover the difference in retail price and the contract price, plus incidental AND consequential damages? I know it's kind of moot because there aren't any consequential damages, but wanted to see if I have the law wrong.


Man, my remedies knowledge is still pretty shaky, but I thought compensatory/consequential/incidental damages were all fine so long as they could be proved with reasonable certainty.


Contracting party has to have reason to know for consequential damages so rule of thumb is they can't but much like everything in life you can always contract around the rule.

Incidental damages are always available if they're reasonable.

§ 2-715. Buyer's Incidental and Consequential Damages.
(1) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach.

(2) Consequential damages resulting from the seller's breach include

(a) any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and
(b) injury to person or property proximately resulting from any breach of warranty.

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star fox
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Re: Themis Bar Review Hangout - July 2017

Postby star fox » Sat Jul 22, 2017 2:16 am

That 100 question MBE set was hard as shit

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Slytherpuff
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Re: Themis Bar Review Hangout - July 2017

Postby Slytherpuff » Sat Jul 22, 2017 9:13 am

bill_swerski wrote:
dc912 wrote:
bill_swerski wrote:Anyone else feel totally screwed with regard to MEE essay knowledge? Those Themis model answers...


In short, yes.

Has anyone scored higher than a 4 on the graded essays? I haven't heard from anyone who did better.


I got higher than 4 on one. However, in my opinion the graded essays aren't nearly as hard as some of the other practice essays that seem to focus on issues that were barely mentioned in the lectures/workshop hand outs.

I did my graded ones open book so I got mostly 5s, but that is ONLY because they were open book :lol:

uceoledinbdnrn
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Re: Themis Bar Review Hangout - July 2017

Postby uceoledinbdnrn » Sat Jul 22, 2017 9:32 am

I didn't finish all the graded ones but they definitely seemed way easier than some of the non-graded ones.

dlrbfl
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Re: Themis Bar Review Hangout - July 2017

Postby dlrbfl » Sat Jul 22, 2017 9:40 am

How did everyone do on the Final simulated exam #4? I thought some questions were tricky and tested on issues I've never even heard of. Especially towards the end

uceoledinbdnrn
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Re: Themis Bar Review Hangout - July 2017

Postby uceoledinbdnrn » Sat Jul 22, 2017 9:45 am

star fox wrote:That 100 question MBE set was hard as shit



Oh shit, I just start taking it because of this post and 5 questions in I'm having a crisis of confidence. :shock: :shock: :shock: :shock:

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SeewhathappensLarry
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Re: Themis Bar Review Hangout - July 2017

Postby SeewhathappensLarry » Sat Jul 22, 2017 10:03 am

dlrbfl wrote:How did everyone do on the Final simulated exam #4? I thought some questions were tricky and tested on issues I've never even heard of. Especially towards the end


Agreed some of them were super tricky and I had no idea wtf was going on with a few. I got 69% but made some really awful mistakes. This whole process is so stressful

champloo
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Re: Themis Bar Review Hangout - July 2017

Postby champloo » Sat Jul 22, 2017 11:05 am

SeewhathappensLarry wrote:
dlrbfl wrote:How did everyone do on the Final simulated exam #4? I thought some questions were tricky and tested on issues I've never even heard of. Especially towards the end


Agreed some of them were super tricky and I had no idea wtf was going on with a few. I got 69% but made some really awful mistakes. This whole process is so stressful


I did roughly my avg for themis, which is discouraging since I thought the practice tests were supposed to be easier since it didnt adjust to my weaknesses but rather is a "neutral" set of questions. Im avg almost 10% better on adaptibar and i can tell that most questions on ab are easier than on themis. I've also noticed that there are less 50/50 questions on ab than thenis. Anyone feel the same?

Also, historically, would 65%-70% correct on the mbe come out to a 140 scaled? Thats what I'm hoping for b/c my essays arent too hot.

uceoledinbdnrn
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Re: Themis Bar Review Hangout - July 2017

Postby uceoledinbdnrn » Sat Jul 22, 2017 11:20 am

uceoledinbdnrn wrote:
star fox wrote:That 100 question MBE set was hard as shit



Oh shit, I just start taking it because of this post and 5 questions in I'm having a crisis of confidence. :shock: :shock: :shock: :shock:


Things have stabilized since my 0 for 5 start but there's a lot more head-faking in this one with the wording of the questions/answers than I'm used to.

nichsull
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Re: Themis Bar Review Hangout - July 2017

Postby nichsull » Sat Jul 22, 2017 11:58 am

Does anyone else find the "interactive mode" of taking the MBEs to be distracting and more stressful? I used the "interactive mode" for most of my MBE practice questions but have switched to "Test mode" to have more of a test like setting and Test mode seems to be easier. Maybe because I am not taking the breaks in between each question to review the answers or not seeing how many I have wrong or right while actually doing the questions. Anyone else have the same feelings on this?




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