Texas Bar Exam July 2014 Forum

[txadv11]

looking @ past P&E

"what is the time period in which a defense atty must contact the defendant?"

follow up "what are the remedies for failing to do so" (paraphrasing)

anyone know?

B/c right now I'd put "reasonably promptly" and "judge can withdraw attys representation"

Just did this one -- it's by the end of the next business day after being appointed, and judge can replace the atty.

TY!!!

One more on the civil side:

P sued D (ABC Construction instead of ABC Const. Inc.)

What does D do to bring this to the attention of the Ct.

I would have said "plea in abatement" I found one source that said this is correct, and one that said "Verified Denial"

Any idea?

[TX129392]

looking @ past P&E

"what is the time period in which a defense atty must contact the defendant?"

follow up "what are the remedies for failing to do so" (paraphrasing)

anyone know?

B/c right now I'd put "reasonably promptly" and "judge can withdraw attys representation"

Just did this one -- it's by the end of the next business day after being appointed, and judge can replace the atty.

TY!!!

One more on the civil side:

P sued D (ABC Construction instead of ABC Const. Inc.)

What does D do to bring this to the attention of the Ct.

I would have said "plea in abatement" I found one source that said this is correct, and one that said "Verified Denial"

Any idea?

Nope, sorry. Haven't gotten to that one yet.

[aquasalad]

looking @ past P&E

"what is the time period in which a defense atty must contact the defendant?"

follow up "what are the remedies for failing to do so" (paraphrasing)

anyone know?

B/c right now I'd put "reasonably promptly" and "judge can withdraw attys representation"

Just did this one -- it's by the end of the next business day after being appointed, and judge can replace the atty.

TY!!!

One more on the civil side:

P sued D (ABC Construction instead of ABC Const. Inc.)

What does D do to bring this to the attention of the Ct.

I would have said "plea in abatement" I found one source that said this is correct, and one that said "Verified Denial"

Any idea?

This has been on several of the past Civ exams:
1. File a verified denial because it is not liable in the capacity in which it has been sued;
2. Then file a verified plea in abatement raising the same capacity issue and asking the court to take action on the defect.

[txadv11]

looking @ past P&E

"what is the time period in which a defense atty must contact the defendant?"

follow up "what are the remedies for failing to do so" (paraphrasing)

anyone know?

B/c right now I'd put "reasonably promptly" and "judge can withdraw attys representation"

Just did this one -- it's by the end of the next business day after being appointed, and judge can replace the atty.

TY!!!

One more on the civil side:

P sued D (ABC Construction instead of ABC Const. Inc.)

What does D do to bring this to the attention of the Ct.

I would have said "plea in abatement" I found one source that said this is correct, and one that said "Verified Denial"

Any idea?

This has been on several of the past Civ exams:
1. File a verified denial because it is not liable in the capacity in which it has been sued;
2. Then file a verified plea in abatement raising the same capacity issue and asking the court to take action on the defect.

Thanks!

[Grapes]

I'm definitely not getting that civ pro question wrong now

[arkhamhorror]

Starting to think that I probably should have taken a week or so off from work to study. Oh well, going to let the chips fall where they may.

[Raven1228]

me to.... I'm still working on civil P&E. Haven't started looking at past Criminal P&E tests yet.

I'm considering how much sleep I should sacrifice for tomorrow

[Grapes]

me to.... I'm still working on civil P&E. Haven't started looking at past Criminal P&E tests yet.

I'm considering how much sleep I should sacrifice for tomorrow

sleep deprivation is the #1 enemy of success. rest up and knock the test out the park

[Raven1228]

Ya you're right. I can already tell I'm exhausted just by reading my "me to" comment.

[arkhamhorror]

Screw it. Having a beer and breaking out the Wiffleball. Good luck to everyone tomorrow.

[Burgstaller04]

Screw it. Having a beer and breaking out the Wiffleball. Good luck to everyone tomorrow.

Just got checked in to my hotel and then went to the Flying Saucer. Good luck to all tomorrow!

[OklahomasOK]

Wasn't bad at all. Glad the first day jitters/ nerves are behind me. I didn't sleep for shit last night. Going to nap, workout and go through some flashcards.

Hang in there everyone, two days left.

[arkhamhorror]

Agreed. Without getting into specifics, since the mods will come after me for it, I thought it was fairly easy and very fair.

My big concern is Thursday, but have to get through tomorrow first.

[Grapes]

Confidence shot. i thought today was hard

[arkhamhorror]

Confidence shot. i thought today was hard

No worries. It's all hard. When I say easy I meant more along the lines of "It could have been worse." There were certainly areas on the P/E where I was scratching my head, but it wasn't the nightmare I expected.

But I've also taken a PT before for an exam, and I do a ton of writing on a daily basis for work.

[Raven1228]

I didn't get to finish my MPT....grrr...

Reeeeally could've used another 10 minutes on that.

[OklahomasOK]

I didn't get to finish my MPT....grrr...

Reeeeally could've used another 10 minutes on that.

After going through the problem, I knew spending only 45 minutes typing was going to be insufficient. I did a much smaller outline than normal but was in turn able to finish. I didn't think it was "tough" just very involved by MPT standards.

[TX129392]

Confidence shot. i thought today was hard

No worries. It's all hard. When I say easy I meant more along the lines of "It could have been worse." There were certainly areas on the P/E where I was scratching my head, but it wasn't the nightmare I expected.

But I've also taken a PT before for an exam, and I do a ton of writing on a daily basis for work.

Some of the prior ones were definitely harder.

[aquasalad]

I slept like shit last night as well. Just tried to take a nap, that wasn't happening either.

I agree, I could not have asked for a better set of P/E questions, they were straight out of the last 4 years of exams with an exception or two. Crim was way harder for me than Civ.

I had the bulk of the MPT done when 15 minutes was called, but definitely let out an audible F bomb when I realized I still had two issues to hit. I was able to finish it and feel good about it though, glad I formatted it at the beginning. It was definitely all about time management. I spent a bit longer than I should have outlining.

Thursday is the scary day now..

[OklahomasOK]

I slept like shit last night as well. Just tried to take a nap, that wasn't happening either.

I agree, I could not have asked for a better set of P/E questions, they were straight out of the last 4 years of exams with an exception or two. Crim was way harder for me than Civ.

I had the bulk of the MPT done when 15 minutes was called, but definitely let out an audible F bomb when I realized I still had two issues to hit. I was able to finish it and feel good about it though, glad I formatted it at the beginning. It was definitely all about time management. I spent a bit longer than I should have outlining.

Thursday is the scary day now..

I can't sleep either. I get that deep stomach pit every time I lay down. I don't think anyone is sleeping well.

[aquasalad]

Also, taking that exam in a huge warehouse is absolutely terrifying when you first walk in. Talking about the Arlington location.

After my nerves subsided I actually liked the setup they had going on. Ear plugs came in clutch, the girl behind me was shaking her table typing and writing the whole morning.

[arkhamhorror]

The Austin location is pretty nice. Good convention center.

My goal was to get 150 points out of the first day. I think I achieved that once it's all scaled up.

As for tomorrow, I'm slightly concerned since I did very little MBE review and am just relying on what I remember from before.

For Thursday... yeah I don't know. It all depends on what they ask.

[Prime]

I'm not a guy who ever gets cold but today? I was freezing. They had the A/C cranked at the Houston location.

Few things:

P/E was pretty much what I expected with the exception of 1-2 questions.

MPT: Like OklahomasOK, I took a look at the problem and decided to do a 35/55 split instead of 45/45. I thought I was able to get the majority of what I wanted onto the paper. We'll see how that turns out though. Like someone else said, another 5-10 minutes could have been pretty nice. I know I heard that 45 minute mark and was like 'I got this' before realizing that the next 30 minutes just..disappeared.
---
MBE day? I'm aiming for the pack.
Essay day? Here's hoping they don't throw any curve balls.

[TX129392]

Is anybody trying to review MBE right now, and if so are you actually succeeding? I'm having trouble getting into gear...

[arkhamhorror]

Is anybody trying to review MBE right now, and if so are you actually succeeding? I'm having trouble getting into gear...

I'm splitting time between the MBE and things for Thursday that I still need to hammer down (ex. trusts, commercial paper).

But, as I stated above, I also took the MBE last year for a different jurisdiction and am relying heavily on that, so I need the late review. If this is your first time, I would recommend just relaxing. Maybe wake up 30 minutes earlier and go over some crazy finer points in the morning to get your brain in gear, but don't sweat it. If you've been studying all this time you'll be okay.