Post
by autarkh » Fri Aug 02, 2013 3:31 pm
After an initial wave of relief yesterday, I've been freaking out that I might fall just short of passing.
Essays:
1. Ks -- Thought I hit all the major issues: Applicable law, Parole Evidence Rule/Integration, Oral modification, Pre-existing Duty Rule, Substantial Performance/Material Breach (with extensive discussion of Reading Pipe case), 3rd Party Beneficiary, Expectation Damages, Restitution, Election of Remedies.
2. Intentional Torts -- Also felt pretty good. Discussed: Consent (scope and possible ineffectiveness due to fraudulent misrepresentation), Causation ("but for" and foreseeability), Intent, Trespass to Land, Trespass to Chattels, Conversion, Fraudulent Misrepresentation, Compensatory Damages under each tort, Punitive Damages.
3. Wills -- Ugh. Ran short on time and didn't finish. Concluded that the will was valid, but that the holographic codicil was invalid. Mentioned several other issues -- Widow's Election, DRR, the problem with the interested attesting witnesses, the ambiguity inherent in "my wife" and the construction might depend on the date of execution (i.e., if the codicil republished), and possible claim by stepson because the guy hadn't been married to the earlier wife for 15 years when she died. Left a bunch of skeletal headings for specific transactions that I couldn't get to. Overall, the answer wasn't very long.
PT2: Didn't finish. Had a good first section laying out the basic rules for conditional relevance pulled from the cases, short section on discretionary exclusion, and a discussion of how Defendant had stipulated to the expert's qualification and that his only objections were to the admissibility of BWS testimony where: (1) there had been no prior reported incident of violence and (2) where he claimed not to fit the profile of the typical batterer. I intended to go on to analyze the 8 areas of testimony one by one, but I ran out of time. There were a bunch of factual notes and cites at the end of memo that would have been used in various sections if I had time to incorporate them.
I don't have access to Bar Exam Essays, so I don't know what the various scores (e.g., a "60" on a PT) look like in practice.
I estimate that my average on Tuesdays essays was about 60-65. PT1 was comparable to PT2 (didn't finish but the stuff that was there is decent).
Felt pretty solid about the MBE in the morning, slightly less so but still OK on the pm. Before the bar, I had been scoring in the 80-90% range on the BarBri practice Qs for Ks and Property, and in the 75-85% range overall.
I'm wondering how people that don't finish the PTs/essays tend to score.