California Bar Exam (July 2013) thread Forum

[spartjdawg]

Didn't say it could be both. Could have been either or - it's like, maybe you either hit a nerve and you lose all hand function, or you hit the nerve and have a bent finger. Maybe not necessarily 50% all, but rather 25% either or. I don't know. I made it up.
I also did whatever someone else did and said consent mattered for battery but this was negligence, which is stupid in hindsight for me to think because obviously Dr. owes duty of disclosure yadda.

Whatever, fuck the MBE.
And fuck that mortgages. With them clogging the equity of redemption.

Doc owes a duty of disclosure, but the case was for negligence and if a doctor follows the standard it is a defense to negligence.

[Kretzy]

I def got a Civ Pro PJx experimental question.

I thought it may have to do with Full Faith & Credit... It is bad when you don't even know what subject they are testing.

I got a 140 on the barbri practice test. I do not think I got a 140 today.

Honestly, I feel like shit after reading these past 10 pages. I did well on the last couple of full MBEs I did, but nearly every question that folks are talking about I answered differently.

I am totally ready to be the guy that failed the bar, so I'm feeling more zen about it than I thought I would. With yesterday's PT and this MBE, I'm hopeful, but ready for the worst.

No matter, I do want to say - godspeed folks. I have been really grateful for this and the Themis group while prepping and during the Bar. You have helped keep me sane and focused while I was studying, and for that I've been really grateful.

I hope that everyone here kicks this test's ass. And that our worries and problems are those normal, usual ones people flip the fuck out about.

Kick ass tomorrow, y'all. At 6, when I start drinking the incredible, and unhealthy, amount of booze I plan to consume following this nonsense, I'll hope you're doing the same.

[JDCA2012]

Didn't say it could be both. Could have been either or - it's like, maybe you either hit a nerve and you lose all hand function, or you hit the nerve and have a bent finger. Maybe not necessarily 50% all, but rather 25% either or. I don't know. I made it up.
I also did whatever someone else did and said consent mattered for battery but this was negligence, which is stupid in hindsight for me to think because obviously Dr. owes duty of disclosure yadda.

Whatever, fuck the MBE.
And fuck that mortgages. With them clogging the equity of redemption.

Doc owes a duty of disclosure, but the case was for negligence and if a doctor follows the standard it is a defense to negligence.

So you're telling me the answer might be ..whatever said it wouldn't have turned out differently, or whatever it said

[JDCA2012]

did you guys discuss 198 (or so) yet? Kind of mad that I didn't pay attention to all of the supreme court opinions in which Scalia chastised the states for misapplying the Strickland standards.

GD Barbri, is it too much to ask that you include the complete rule statement in the CMR? Are two words too much to ask for?

Good lesson. Don't change your MBE answers. I changed that one from right to wrong. Aren't IAC motions the bane of defense attorneys everywhere? The correct standard appears way too low to me.

My gut said preponderance (whatever the equivalent was). I wanted to change it to C&C but I couldnt do it. I looked it up and the CMR siad it is a "but for" test... Fucking barbri.

It was NOT CCE, it was reasonable basis

All I've ever seen is 1) fell below objective standard, and 2) also needs to show but-for.
So yeah. Thanks testing companies.

[JDCA2012]

I'm gonna tell you guys this right now. I was close between choosing BarBri or Themis. It came down to price and I chose Themis. I have the BarBri App and have taken the BarBri practice MBE exams and I have taken the Themis MBEs and MBE exams. The Themis ones were WAAAAAAY harder and tested a wide variety of obscure stuff that I saw today and remembered. If only BarBri could combine their essay/memorization crap with Themis MBE, there might actually be a real bar company out there. Anyone else using Themis feel like today's MBE there's a good amount of stuff you have seen before?

To be honest, yeah, I actually had seen some stuff that people were like WTF. Like the fixture filing I guess threw some people off. Or some other random stuff.
BTW, was there any point at which you thought the Themis became harder than the BarBri? I mean like, was there a point during the Mixed MBE where you were like damn, this is harder for sure? (I only made it through like 12 Mixed MBE. They got so frustrating)..

[spartjdawg]

Didn't say it could be both. Could have been either or - it's like, maybe you either hit a nerve and you lose all hand function, or you hit the nerve and have a bent finger. Maybe not necessarily 50% all, but rather 25% either or. I don't know. I made it up.
I also did whatever someone else did and said consent mattered for battery but this was negligence, which is stupid in hindsight for me to think because obviously Dr. owes duty of disclosure yadda.

Whatever, fuck the MBE.
And fuck that mortgages. With them clogging the equity of redemption.

Doc owes a duty of disclosure, but the case was for negligence and if a doctor follows the standard it is a defense to negligence.

So you're telling me the answer might be ..whatever said it wouldn't have turned out differently, or whatever it said

No, I am saying there was no breach of duty because the doctor followed the professional standard of care.

[UnfetteredDiscretion]

Anybody get a question about mother kidney donor's claim against a defendant who injured her daughter (recipient of kidney)? Question asked what would be the most useful for her recovery against D.

[jasontaylor9944]

Oh, I thought Themis MBEs were harder than BarBris the entire time. It's mostly because they adapt the mbes to suit what you were bad at. For me, I can't tell you how many times I got a mortgages/recording statutes question or a contract remedies question. It's funny how on the actual bar exam everyone recorded their interest lol.

I'm gonna tell you guys this right now. I was close between choosing BarBri or Themis. It came down to price and I chose Themis. I have the BarBri App and have taken the BarBri practice MBE exams and I have taken the Themis MBEs and MBE exams. The Themis ones were WAAAAAAY harder and tested a wide variety of obscure stuff that I saw today and remembered. If only BarBri could combine their essay/memorization crap with Themis MBE, there might actually be a real bar company out there. Anyone else using Themis feel like today's MBE there's a good amount of stuff you have seen before?

To be honest, yeah, I actually had seen some stuff that people were like WTF. Like the fixture filing I guess threw some people off. Or some other random stuff.
BTW, was there any point at which you thought the Themis became harder than the BarBri? I mean like, was there a point during the Mixed MBE where you were like damn, this is harder for sure? (I only made it through like 12 Mixed MBE. They got so frustrating)..

[vacations]

it is time to go down swinging.

[uwb09]

Realized this morning that I shanked some softballs yesterdays, really hoping for some easy essays and a straight forward PT to try and win back some points today.

Cannot wait for this nightmare to be over

[TaipeiMort]

I called 2/3 topics on the first day, I have a gut feeling on the topics today.

Crim Pro
Property/Evidence
Agency/Wills

[usuaggie]

Anybody get a question about mother kidney donor's claim against a defendant who injured her daughter (recipient of kidney)? Question asked what would be the most useful for her recovery against D.

The answer was duty. He had to have a duty to her

[deadlinguo]

How many words are you guys writing? I think I had about 2500 words for all 3 essays.

[Mick Haller]

How many words are you guys writing? I think I had about 2500 words for all 3 essays.

Last year mine were all in the 1200-1500 range each. ~800 seems a bit light to me but am not a bar grader.

[a male human]

How many words are you guys writing? I think I had about 2500 words for all 3 essays.

Are you posting during the bar o or something? I think I write about 1500 words, but I only wrote like 900 on today's wills question.

[deadlinguo]

I left fairly early. Covered everything I wanted to but who knows. I might have stayed longer if I knew people were writing so much, damn.

[rorystewart]

I think I failed the torts Q today. I forgot it said intentional torts only so in addition to trespass and trespass to chattels/conversion I also did a negligence analysis. I also forgot to discuss nuisance and injunctive relief to remove the trees under the remedies portion. Did I fail? How bad does it look that I included negligence?

[Djemba Djemba]

It seemed like the point of limiting to intentional torts was because it was mainly a remedies question.

I kept writing pipe in q1 bc I thought of that 1l case

[Djemba Djemba]

It seemed like the point of limiting to intentional torts was because it was mainly a remedies question.

I kept writing pipe in q1 bc I thought of that 1l case

[a male human]

I still can't get over yesterday's mbe. This is how those 70+ essays end up on baressays.

[Reinhardt]

Lol at me. Slept only 5 hours and skipped breakfast to cram ca evidence and civ pro. Still happy they didn't show though

[Gloriaha]

Intentional torts lmao. They for sure will get CA Civ Pro next Feb. Committee of Bar Examiners is officially cray cray.

[JDCA2012]

Lol at me. Slept only 5 hours and skipped breakfast to cram ca evidence and civ pro. Still happy they didn't show though

I stayed up to study civ pro, had a nightmare about getting CA civ pro, woke up and crammed some CA evidence distinctions.
Got an intentional torts essay that I haven't looked at intentional torts since 1L.
I heard people wrote negligence. Hoping enough do to make up for my shitty remedies on that. Compensatory and Ejectment were about all I got. Had a treatise on intentional torts but for causation, discussion of scope of intent, and transferred intent.
Made up a cause of action for intentional interference with water rights
Brought up specific performance to make D remove the trees only to dismiss it.

I wrote more remedies in the damn Ks essay. Constructive Tust and Equitable Lien as substitute remedies if he was insolvent. I should have copy pasted that to torts just to have something.

Wills seemed cake. Could argue harmless error on witnesses not seeing each other sign but don't matter anyway since would have validated with a valid holo codicil anyway.
No facts for undue influence on the friend interested witness so just brought it up and dismissed with a short analysis of presumption and no facts. Did some shit analysis about no facts whether he adopted stepson or not but regardless extrinsic evidence to prove who he was and also say he had contemplated post W disposition with codicil but didn't take stepson out of will so he'd still take

[j1194]

.

[Old Gregg]

Day 3 way too easy.