Long read if you're feeling it. Sincerest apolygizes for all the cussing but I wanted to write how I am actually feeling.
So I am taking it again. TAKING IT AGAIN (Al Pacino from Scent of a Woman Voice).
From what I can recall. This is my wrap up and I will be brutally honest about my prep too.
- I did 1100 adaptibar questions ending at 77%;
- went through S&T;
- did all four tests on NBCE website during final week (85%, 90%, 90%, and 88%);
- bought NCBE newest study guide and only got through the first ten civ pro questions;
- never read one outline because I though I remembered shit from July, and realize now how fucking careless and stupid that was.
- Outlined (and I mean like almost wrote them out) 10 Torts, 10 Contracts, 8 Evidence + 2 CA Evidence, 10 Property, 9 Con Law, 10 BA + 2 Partnerships and 2 Agency, 5 Trusts, and 6 Wills, 10 Crimes... I didnt touch any civ pro, comm prop, pr, or remedies.
- did not do any prep here other than to browse through some notes from July.
I didnt outline pr and remedies because I ran out of time and should have prioritized those but didnt because I thought that doing pr and remedies within the BA and Contracts essays I was outlining would be sufficient. This is stupid. Also, not practicing any fucking PTs was stupid, and not fucking timing myself, at all, was stupid (see below to find out why). Like this is the one fucking area where we cannot be arrogant when prepping. I am fucking arrogant sometimes and arrogant bc of so many reasons no of which are important and all of which are stupid, and I think its like actually an infection that is fucking my life up slowly (here because only an idiot would not read outlines, completely skip PT prep, oh and not touch pr and remedies--the two guaranteed subjects... fucking go punish yourself). Arrogance is terrible. Its nasty. It hurts people, and it hurts yourself in my ways than you can imagine. and I am trying to get better each day at this side of me. I Looked through all the comments thus far and you ladies and gents are beasts (you should all be proud), and I am too, its just that I am kind of reckless and I am afraid it really fucked me up this time. The first time I took this I scored something like 1292, and then 1377. I hope I passed but yeah. Hope. The operative word. Hope. A noun. To want something to happen. Use it in a sentence. I unfortunately hope that a certain unqualified and worthless Congresswoman wins a certain midterm election in my district because I would hate to have to run against someone in my own party in 2020 and utterly fuck their lives up in a primary battle.
MBEs: Nothing major and felt good both times although I missed a couple easy ones because I forgot the BLL, and the afternoon session was a bit shit, so I am assuming I got one of the easier AM sets seeing as how mostly everyone thought their AM was hard and afternoon easy. Outlines, bud, should have read your fucking outlines. Should have gone through all the questions in the study aid too. Like that's just nonsense to fuck that up. Btw, NCBE needs to write better civ pro questions.
1. Hit formation re contract analysis (prob a wait and might actually piss the grader off?), one sentence on terms, then dove into misrepresention and non-disclosure. Then hit PR. From what I rememeber it was Duty of Care, Duty of Loyalty (specifically, conflict of interest and I said lawyer's intersest in saving money with shady expert v. client's interests of winning the case, something like that and worded better), Duty of Dignity and Dicorum, Duty of Competence, Duty to Communicate, and maybe one more? My BLL was absolutely not spot on on some of them (Hence the mistake of not study PR omg).
2. Hit Standing, Organizational Standing (quickly dismissed it tho I think, right? yeah I dont think this worked), then Taxpayer standing (bc dude can get it on this if his/her cause of action is related to one of the religious clauses, right?, then ripeness, then hit constitutional claims and started with the requirement of state action, then went into the religions first, specifically the Establishment Clause first but forget to talk about sect/no sect preference, and did do Lemon here, I think I fucked it up and did Lemon for the Free Exercise Clause, then hit P&I of the 14th but did not hit Due Process, then hit EP and did classification as something like prisoners who are allowed to use/adhere to their recognized religions v. the dude, and since it was religion I thought that was a fundamental right and applied strict scrutiny, also, I distinctly remember doing separate analysis for the book and for the tea on several of the issues.
3. Hit Public Nuisance, then private nuisance exception under public, then hit Private Nuisance, then Trespass (and didnt call it Trespass To Land But Rather just Trespass), then Tresspass To Chattels (wire fence), then hit Negligence cuz 10 years of this shit is fucking negligent (went through quick analysis with both cardozo and andrews standard of care included). Do it matter which way you landed on for all three nuisance claims? I forgot which way I went. I feel like instantly it does matter. Didnt do conversion, IIED, Neg IIED, but did do a super, suuuuper shit eminent domain and Takings analysis. Super shitty like the graders going to see eminent domain think "yeah this dude should not be practicing," and then my takings was jusst shit because I was down to literally seconds at that point. Btw, happy that I at least got through both MBE sections (last time I didnt).
4. Hit search and seizure (govt conduct, S&S, standing? idk forgot already), then went into warrant requirement if all are present, then said warrant was fine after going through several different analyses, then since Officer Eager raced to the house I hit warrantless exceptions, and of them go her in except to Exigent Circumstances??????????????? That's what i called it. Not Hot pursuit, but Exigent Fucking Circumstances. This is literally, if I remember correctly, how I did it too "Warrantless Exception #5 = Exigent Circumstances." Yeah, so fucked that up. But then Eager got in. So next part of the essay was the stuff right, so Bomb is fine bc girl could be hiding in closet, analysis, but other two were not, and did then exclusionary rule analyses for all three. Then, I completely fucked the rule for Kidnapping up and even remember mentioning aggravated kidnapping but no because not for money, but then maybe MAYBE turned it around a bit under Attempted Kidnapping analysis writ large. I thought about writing about how other two could come in if used for a grand jury indictment, but i dont remember if this is correct so I opted not to fuck essay 4 up even more.
5. Wills was a fucking mess. full stop. First, I started by talking about the overall Community Property rule, then right below it I had a little section titled “CA Rule Application” talking about the three areas ways its valid (state, domiciled, death). Next, I talked about validity of 2001 will (present testamentary intent, capacity, and will formalities), but prob did not get the BLL precise for each of those. Then I hit revocation I think (revival, DRR, physical act, subsequent will, codicil). Then codicil, and I think somewhere it the abovementioned analysis I mentioned the CA rule regarding the signature. I think I then went into devises under the will. Start with Nell and hit putative spouse, dismissed, then co-habitants, dismissed, then intestate share, but didn’t get that right, then lapse and anti-lapse, dismissed. Then with Ann I talked about her gift being specific not general because it was for a sum certain from SPECIFICALLY his SP? So definitely fucked that up because it was a general devise… hmmm… that sucks. I also hit Ann on anti-lapse and gave her all that shit from his first will. Bob got his gift and something else, forgot, and Carol got intestate share because he was an omitted child through adoption… CA recognizes adoption as synonymous with blood child, and presumes omission to be unintentional absent evidence to the contrary. No existed here plus intention to give because his other two children were gifted 20k I think. START employers under class gift, can be left open, and probably fucked that rule up too.
PT: this is why I think I will be retaking this again for the fourth time. This is terrible and fucking heartbreaking because this thing has cost me so much over the last almost two years now. It’s also cost others. Anyway. So I had a little over an hour to do the PT and quickly banged through and created my outline: I. Contract Analysis, II. Gift Analysis (a. unconditional, b. conditional), III. Standing Analysis. But then it all went to shit. Didn’t have time. I go all the rules down for each section, but by that time was left with only ten minutes analysis with our facts. So I hit one paragraph on how its not a contract, and maybe four sentences on how it’s an unconditional gift. Finally, I was down to two minutes and literally wrote one sentence dismissing P’s complaint for lack of claim for which relief could be granted given that this was not a contract, so this PT will be a 50, maybe even a 45 or 40.
Out of five essays I think I might have gotten this: 70, 65, 60, 55, 50… maybe those are even less, and a 45 or 50 on the PT.
I am going to get back in the gym, figure out the job situation, sort out my material, get my shit together and next week I will start by reading the Barbri big books I have, like the huge outlines. I am also going to fucking memorize all my subject outlines to the point where I can write shit down from memory. I am doing 15 essays for each subject. Each fucking one. And not just out line them. I am going to do it to where I have these facts patterns memorized and answers via the answers outlined below. I have to think about what I am going to do regarding MBE prep.
This bar is passable because I fucking felt it this time around. But then I felt it slip out on my hands, again, and its just heartbreaking. Some of us are ok and other aren’t. Some of us have lost a little and others have lost a lot. I have lost love. I have lost almost everything. I have nothing right now. But that’s ok because I will push back and keep going, and with the right corrections I will pass. Its just that I am getting sick of this shit. I just turned 35. I have really nothing to show for it. I went into the navy after high school, then undergrad and grad at two great schools, ok, but fuck, this is getting ridiculous. Since the Navy I really have not had much work experience. Highly talented but just dragged down by this shit bar. I should have practice PTs under timed conditions. I should have done essays under timed conditions. I should have known the BLL better. I should have a better and quicker understand substantive law period.
Thank you for taking the time to read this if you made it this far. Sincerely, I mean that.
Update: I knowing I am freaking and very well might have passed. But then I maybe didn't. I think I passed the MBEs because I honestly felt pretty good both sessions, but if that PT and shit wills essays tank my written portion that will suck but will be a good personal lesson. Gym time.