THEMIS JULY 2018 - DISCUSSION

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Findedeux

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Re: THEMIS JULY 2018 - DISCUSSION

Postby Findedeux » Sun Jul 22, 2018 7:32 pm

Auxilio wrote:
Findedeux wrote:Can we post Themis questions on here?

I just did practice test 4 and I really don't understand one of the quesitons.


Yeah, we've discussed a lot of them--post away.



I really don't understand this question.

Can anyone explain?

Question 981

In 1960, the owner in fee simple absolute conveyed Stoneacre, a five-acre tract of land. The relevant, operative words of the deed conveyed to a church "for the life of my son and from and after the death of my said son to all of my grandchildren and their heirs and assigns in equal shares; provided" the church "shall use the premises for church purposes only." In an existing building on Stoneacre, the church immediately began to conduct religious services and other activities normally associated with a church. In 1975, the church granted to a contractor a right to remove sand and gravel from a one-half acre portion of Stoneacre upon the payment of royalty. The contractor has regularly removed sand and gravel since 1975 and paid royalty to the church. The church has continued to conduct religious services and other church activities on Stoneacre. All four of the living grandchildren of the original owner, joined by a guardian ad litem to represent unborn grandchildren, instituted suit against the church and the contractor seeking damages for the removal of sand and gravel and an injunction preventing further acts of removal. There is no applicable statute.

Which of the following best describes the likely disposition of this lawsuit?

Answers:

The plaintiffs should succeed, because the interest of the church terminated with the first removal of sand and gravel.
You Selected: The church and the contractor should be enjoined, and damages should be recovered but impounded for future distribution.
The injunction should be granted, but damages should be denied, because the original owner and the son are not parties to the action.
Damages should be awarded, but the injunction should be denied.
Rationale:

Answer choice B is correct. The church has a life estate in Stoneacre, which is limited by the life of the son and subject to the condition subsequent that the church utilizes the premises for church purposes only. Answer choice B is correct because removal of sand and gravel is not an activity normally associated with a church, and in doing so the church violated its duty not to commit waste. Because title only automatically terminates when the son dies, and there is nothing to indicate the son died, unless the owner affirmatively demonstrated an intent to terminate when non-church activity occurred, answer choice A is incorrect. Answer choice C is incorrect because the son is not a remainderman and the original owner is not a grantor with a reversionary interest. Answer choice D is incorrect because any remainderman or grantor with a reversionary interest may seek an injunction to prevent waste.

emwallen

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Re: THEMIS JULY 2018 - DISCUSSION

Postby emwallen » Sun Jul 22, 2018 7:54 pm

my reading of the above question was that the church has a life estate in the property measured by the life of the son; the grandchildren have a reversionary interest and are the remaindermen. life estate holders have a duty not to commit waste and have to keep the property in the same condition that they found it in. remaindermen can seek injunctive and monetary relief to prevent waste. the money has to be distributed later because it is not yet clear who all the beneficiaries are, so it can't be distributed.

Findedeux

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Re: THEMIS JULY 2018 - DISCUSSION

Postby Findedeux » Sun Jul 22, 2018 8:03 pm

emwallen wrote:my reading of the above question was that the church has a life estate in the property measured by the life of the son; the grandchildren have a reversionary interest and are the remaindermen. life estate holders have a duty not to commit waste and have to keep the property in the same condition that they found it in. remaindermen can seek injunctive and monetary relief to prevent waste. the money has to be distributed later because it is not yet clear who all the beneficiaries are, so it can't be distributed.


Very helpful, Thanks!

The only thing that threw me off was how it seemed like a determinable pour autre vie life estate given the condition.

emwallen

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Re: THEMIS JULY 2018 - DISCUSSION

Postby emwallen » Sun Jul 22, 2018 8:07 pm

Findedeux wrote:
emwallen wrote:my reading of the above question was that the church has a life estate in the property measured by the life of the son; the grandchildren have a reversionary interest and are the remaindermen. life estate holders have a duty not to commit waste and have to keep the property in the same condition that they found it in. remaindermen can seek injunctive and monetary relief to prevent waste. the money has to be distributed later because it is not yet clear who all the beneficiaries are, so it can't be distributed.


Very helpful, Thanks!

The only thing that threw me off was how it seemed like a determinable pour autre vie life estate given the condition.



i think it is a determinable pour autre vie life estate (life of the son, who isn't dead) but the church hasn't stopped using it for church purposes, they just also committed waste. or maybe i don't know what a determinable pour autre vie life estate is? either way. can't wait til this is over.

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Auxilio

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Re: THEMIS JULY 2018 - DISCUSSION

Postby Auxilio » Sun Jul 22, 2018 8:57 pm

Is there any chance Themis makes the last MBE set easier to help make you feel more confident going in? Got 88% which my best score (most are mid 70s).

Not that I'm really complaining, it does help with confidence (a 60 would have crushed me).

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el madrileno

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Re: THEMIS JULY 2018 - DISCUSSION

Postby el madrileno » Sun Jul 22, 2018 9:48 pm

Auxilio wrote:Is there any chance Themis makes the last MBE set easier to help make you feel more confident going in? Got 88% which my best score (most are mid 70s).

Not that I'm really complaining, it does help with confidence (a 60 would have crushed me).


I was thinking about that. I actually scored much worse than my usual scores, but I also did it last night when I was quite tired. The questions seemed different stylistically, and my final set was all medium to difficult questions (based on Themis's scale).

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Auxilio

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Re: THEMIS JULY 2018 - DISCUSSION

Postby Auxilio » Sun Jul 22, 2018 9:51 pm

el madrileno wrote:
Auxilio wrote:Is there any chance Themis makes the last MBE set easier to help make you feel more confident going in? Got 88% which my best score (most are mid 70s).

Not that I'm really complaining, it does help with confidence (a 60 would have crushed me).


I was thinking about that. I actually scored much worse than my usual scores, but I also did it last night when I was quite tired. The questions seemed different stylistically.


There were quite a few "least likely to be convicted of which of the following" and similar short prompt, longer option, questions which are often easy to process of eliminate.

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el madrileno

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Re: THEMIS JULY 2018 - DISCUSSION

Postby el madrileno » Sun Jul 22, 2018 9:55 pm

yeah, and those were easy. I missed the questions that required you to guess correctly on the gray area, like the shopkeeper/false imprisonment question (was he acting reasonably), and the time of the traffic stop. oh well. It was still passing.

CALTEX

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Re: THEMIS JULY 2018 - DISCUSSION

Postby CALTEX » Sun Jul 22, 2018 11:51 pm

California checking in! Good luck to all who are taking the bar exam on Tuesday! I really enjoyed the comradery in support of this group. Does anyone have experience with the Pasadena testing center? Do I need to bring a parka for the cold? Best wishes to all!

:D :D 8) 8)

AZ123

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Re: THEMIS JULY 2018 - DISCUSSION

Postby AZ123 » Mon Jul 23, 2018 12:19 am

So I feel pretty confident about my ability to spot the relevant issues in an essay, but I tend to mix up the law or misstate stuff. Do you think spotting the correct issue but mixing up the law will be good enough to pass if I incorporate enough facts? (Hopefully I just apply the law properly, but you never know haha)

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Neilt001

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Re: THEMIS JULY 2018 - DISCUSSION

Postby Neilt001 » Mon Jul 23, 2018 8:43 am

Findedeux wrote:
masterherm wrote:Any stats out there for Themis pass rate among people who complete 75+%?


I think it would make way more sense for them to put out stats correlated to performance on practice tests.

As far as statistics goes, it doesn't seem to make a lot of sense to try and correlate a bunch of disparate and loosely related actions when the whole point of practice tests is to predict how you will do on the exam.


yes -pass rates available here: https://www.themisbar.com/pass-rates

EDIT: oops, just saw someone else posted same thing already
Last edited by Neilt001 on Mon Jul 23, 2018 8:47 am, edited 1 time in total.

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Neilt001

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Re: THEMIS JULY 2018 - DISCUSSION

Postby Neilt001 » Mon Jul 23, 2018 8:45 am

AZ123 wrote:So I feel pretty confident about my ability to spot the relevant issues in an essay, but I tend to mix up the law or misstate stuff. Do you think spotting the correct issue but mixing up the law will be good enough to pass if I incorporate enough facts? (Hopefully I just apply the law properly, but you never know haha)


To be honest, yes, I think that's fine. So long as you spot the issue, you'll be able to get yourself some points. If you don't spot, then you get no points on that aspect. Once you spot correctly, you can BS your way to a pass. (See my earlier and numerous posts about bullshitting essays)

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Neilt001

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Re: THEMIS JULY 2018 - DISCUSSION

Postby Neilt001 » Mon Jul 23, 2018 8:48 am

GOOD LUCK EVERYONE! HOPE YOU ALL KILL IT. :lol:

PLEASE CHECK IN IN TWO MONTHS WHEN YOU GET YOUR RESULTS. :mrgreen:

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Neilt001

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Re: THEMIS JULY 2018 - DISCUSSION

Postby Neilt001 » Mon Jul 23, 2018 1:52 pm

Also remember:

Most people will not feel great about their performance. It's impossible to do, but try not to beat yourself up about it and play the exam over repeatedly in your head. Just put it out of your mind for the next two months and don't let it ruin your summer. You'll all be fine, and there's nothing to be gained by worrying for the next two months.

GOOD LUCK!

Allux

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Re: THEMIS JULY 2018 - DISCUSSION

Postby Allux » Mon Jul 23, 2018 4:33 pm

Does anyone know what font should we use one MPT/MEE, especially MPT. I heard that format is pretty important for MPT portion

RecruiterMan

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Re: THEMIS JULY 2018 - DISCUSSION

Postby RecruiterMan » Mon Jul 23, 2018 5:34 pm

Allux wrote:Does anyone know what font should we use one MPT/MEE, especially MPT. I heard that format is pretty important for MPT portion

comic sans or GTFO

xhe02

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Re: THEMIS JULY 2018 - DISCUSSION

Postby xhe02 » Mon Jul 23, 2018 6:42 pm

Can people help explain this question? I get why it is surety agreement and thus has to be in writing. But I am confused as to why promissory estoppel does not apply here. Can the restaurant enforce the promise under the estoppel theory, which is an exception to SoFs?

An adult daughter called a local restaurant to place a large delivery order. The restaurant generally requires a credit card for all delivery orders, but the daughter’s father, who is a regular at the restaurant and happened to be there when the daughter placed the order, told the clerk that, in the event the daughter failed to pay for the food, he would do so. The restaurant delivered the order to the daughter, who, having decided to order something else instead, refused to accept or pay for the food.

Can the restaurant collect from the father?
No, because the father’s promise was made orally.
No, because a third party will not be held liable for the contract obligations of another.
Yes, because the father promised to pay.
Yes, because a parent is liable to pay for necessities provided to a child.

Elastigirl14

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Re: THEMIS JULY 2018 - DISCUSSION

Postby Elastigirl14 » Mon Jul 23, 2018 7:54 pm

Is one form of ID enough for admission into bar exam for Illinois? I brought my drivers license. The instructions didn’t say that we needed to bring more than one.

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Neilt001

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Re: THEMIS JULY 2018 - DISCUSSION

Postby Neilt001 » Tue Jul 24, 2018 8:29 am

Allux wrote:Does anyone know what font should we use one MPT/MEE, especially MPT. I heard that format is pretty important for MPT portion


Font doesn't matter. But yes, do use formatting like bold/underline for headings, italics, etc. Examsoft allows that and it makes it easier for your examiner.

Findedeux

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Re: THEMIS JULY 2018 - DISCUSSION

Postby Findedeux » Tue Jul 24, 2018 6:18 pm

So are we allowed to talk in generalities about how the first day went on the MEE & MPT?

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unsweetened

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Re: THEMIS JULY 2018 - DISCUSSION

Postby unsweetened » Tue Jul 24, 2018 6:20 pm

Findedeux wrote:So are we allowed to talk in generalities about how the first day went on the MEE & MPT?

Well... could have been worse.

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White Dwarf

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Re: THEMIS JULY 2018 - DISCUSSION

Postby White Dwarf » Tue Jul 24, 2018 6:24 pm

Findedeux wrote:So are we allowed to talk in generalities about how the first day went on the MEE & MPT?

I think so. I thought the MPTs were easy (though the 2nd was a little unusual). The MEE was a mixed bag, with some minor surprises with the topics. Nothing too intense, though. If you stuck with JD Advising's predictions, you were probably fine.

I'm in NY if that makes a difference.

What were your character counts for the MEE essays? I was mostly 3500-4500, but it seemed like the person in front of me was writing way more.

Findedeux

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Re: THEMIS JULY 2018 - DISCUSSION

Postby Findedeux » Tue Jul 24, 2018 6:37 pm

Well I think I bombed the first MPT; had horrible organization.
Second one was ok.

I think I bombed some of the MEEs but probably managed an overall average grade.

I'm thinking if I don't do well on the MBE I will probably be retaking this in February.

adil91

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Re: THEMIS JULY 2018 - DISCUSSION

Postby adil91 » Tue Jul 24, 2018 6:39 pm

I was mostly 3500-4500


For each one..? I wrote way less..

smile0751

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Re: THEMIS JULY 2018 - DISCUSSION

Postby smile0751 » Tue Jul 24, 2018 6:44 pm

Ugh. Not really happy with my performance. I got really thrown off with the second MPT with the unusual thing they asked us to do. It felt too easy and I feel like I kept repeating the same stuff about the client's goals.

The MEE's were frustrating. I feel like sometimes I didnt quite know what the hell the question was asking, which then effected my organization / time management. I felt thrown off most of the essays because the questions seemed either (1) absurdly obscure or (2) blatantly obvious so I must have missed something. Also, the lack of spell check SUCKED.

I just feel like I studied so hard and so little paid off on this test. Additionally, so much of the stuff I never would have learned even if I had another month of studying. Bu

*sigh* But w/e. It's over and done.



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