BarBri Bar Review Hangout - July 2016 (UBE -NY) Forum

[Bacon]

Sorry if someone has already spoken on this, but is there a consensus regarding the relative difficulty of the MBE refresher? I would find it a little odd that barbri would set a "goal" of 56/100 on questions of regular bar exam difficulty, especially this close to the test.

[ballouttacontrol]

One thing bothering me a lil tiny bit in ConLaw, for purposes of the MEE, barbri seems to give some sliiiiightly different rule statements for tests that all seem the same, for different contexts.

I didn't take a 2nd semester of ConLaw in school and never touched any 1st amendment.. No former knowledge of association, establishment, speech, etc. But barbri gives some tests that seem *reallllly* close to levels of scrutiny as it would be started for an equal protection challenge, but they *are* worded differently. But I'm sure SCOTUS did annoyingly use this verbiage creating an ever so slightly different standard...

For example, CMR p.45 for regulating designated public forum is really close to intermediate scrutiny, but a lil bit different. Similarly, P.62 of big outline, gives the standard under the Contacts Clause. This is even closer to Equal Protection intermediate scrutiny, but still a little bit different.

Do you guys think you need to/are you memorizing these different standards?

Personally, because of my likely inability to retain every single standard imaginable, I've just kinda been lumping every test that fits into either strict/intermediate/rational basis review.

What do you guys think?

[goden]

it was harder

the lady in the explanations videos kept referring to how the questions were testing on particularly "unique" concepts just so we could see all the different ways in which they can test on a subject!

[KRose04]

that test... was bullshit. I'm done doing barbri questions. I'm sticking to my questions that are either based off of, or ACTUAL past exam questions. I refuse to let Barbri psych me out anymore than it already has for the last 2 months.

[generaltoast]

66 on that refresher. I don't know about you guys, but it was one incorrect guess after another during the last 15 or so questions for me.

[jj252525]

74 on the refresher. This instructor doing the evidence review is getting on my nerves though, and I can't put my finger on why (beyond general irritation with the process).

[jj252525]

Also additional question - in order for character evidence to be relevant, it must be related to the characteristic at issue in the case (peacefulness in an assault case, as an example). One thing I remain confused about though, is whether the truthfulness of the defendant is a relevant trait assuming he takes the stand?

[ballouttacontrol]

Also additional question - in order for character evidence to be relevant, it must be related to the characteristic at issue in the case (peacefulness in an assault case, as an example). One thing I remain confused about though, is whether the truthfulness of the defendant is a relevant trait assuming he takes the stand?

I believe it is not. Seems like it should, but gotten questions wrong because of thinking that. Only if crime is one involving dishonesty

[generaltoast]

Also additional question - in order for character evidence to be relevant, it must be related to the characteristic at issue in the case (peacefulness in an assault case, as an example). One thing I remain confused about though, is whether the truthfulness of the defendant is a relevant trait assuming he takes the stand?

I believe it is not. Seems like it should, but gotten questions wrong because of thinking that. Only if crime is one involving dishonesty

Was also confused about this. I seem to remember the MBE mid-term analysis lecturer for evidence saying that if a defendant takes the stand, he automatically puts his character for truthfulness at issue. Guess im mistaken though

[mvp99]

69/100. I don't why but I felt like I was running out of time most of the time. I was done 2.25 hours in.

My lowest percentage on the refresher was on con law 57% while on Adaptibar its 80%...

[AndroidLawyer]

For the people that have done the unassigned mixed sets, have you found them helpful and worth doing? Or is BarBri continuing to test random narrow points.

[mvp99]

For the people that have done the unassigned mixed sets, have you found them helpful and worth doing? Or is BarBri continuing to test random narrow points.

If you have real ncbe questions I would first do those instead

[mvp99]

Thinking about skipping these refresher videos and only reading the answers.............

[grixxlybear99]

Does everyone recommend watching the MBE Refresher videos? I'm not sure if I have time to spend 2 days watching videos rather than memorizing and answering questions. Thoughts?

[grixxlybear99]

For the people that have done the unassigned mixed sets, have you found them helpful and worth doing? Or is BarBri continuing to test random narrow points.

Yes, the unassigned mixed sets and the released MBE questions Barbri has available are definitely worth doing. The mixed sets, imo, are pretty easy. The released questions are similarly easy, but worded much differently. It takes me a good 30 seconds more to answer a released questions simply because the questions are like one long fact pattern, then 3 questions w/ similarly long fact patterns and assumptions embedded within.

The "drills" questions Barbri has are, imo, the hardest. Not because they test random parts you shouldn't know, but because they are worded very trickily

[Br3v]

Also additional question - in order for character evidence to be relevant, it must be related to the characteristic at issue in the case (peacefulness in an assault case, as an example). One thing I remain confused about though, is whether the truthfulness of the defendant is a relevant trait assuming he takes the stand?

I believe it is not. Seems like it should, but gotten questions wrong because of thinking that. Only if crime is one involving dishonesty

Was also confused about this. I seem to remember the MBE mid-term analysis lecturer for evidence saying that if a defendant takes the stand, he automatically puts his character for truthfulness at issue. Guess im mistaken though

If defendant takes the stand, then the other side can impeach their character for truthfulness, at which point the defendant can bolster his character for truthfulness. ~MBE REFRESHER SPOILER FOLLOWING ~ The problem with that question was that although the defendant had taken the stand, the prosecution hadn't impeached him yet, therefore he is not allowed to jump the gun and bolster his character for credibility.

[ballouttacontrol]

For the people that have done the unassigned mixed sets, have you found them helpful and worth doing? Or is BarBri continuing to test random narrow points.

Yes, the unassigned mixed sets and the released MBE questions Barbri has available are definitely worth doing. The mixed sets, imo, are pretty easy. The released questions are similarly easy, but worded much differently. It takes me a good 30 seconds more to answer a released questions simply because the questions are like one long fact pattern, then 3 questions w/ similarly long fact patterns and assumptions embedded within.

The "drills" questions Barbri has are, imo, the hardest. Not because they test random parts you shouldn't know, but because they are worded very trickily

Where do you find these barbri questions (bolded above)? Or what are they labeled as?

[Bacon]

Also additional question - in order for character evidence to be relevant, it must be related to the characteristic at issue in the case (peacefulness in an assault case, as an example). One thing I remain confused about though, is whether the truthfulness of the defendant is a relevant trait assuming he takes the stand?

I believe it is not. Seems like it should, but gotten questions wrong because of thinking that. Only if crime is one involving dishonesty

Was also confused about this. I seem to remember the MBE mid-term analysis lecturer for evidence saying that if a defendant takes the stand, he automatically puts his character for truthfulness at issue. Guess im mistaken though

I think once the Defendant testifies, he does put his character for truthfulness at issue, because once any witness testifies, they put their general character for truthfulness at issue. However, I think this may almost flip the general rule (that the Defendant can introduce character evidence first) on its head, because the rule for truthfulness is being applied to the Defendant as a witness, not so much as a defendant. Meaning, he cannot have a witness testify for his good character for truthfulness until it has been attacked and his credibility is challenged, because this would then amount to bolstering? But, once his truthfulness is attacked, he may then come back with good traits for truthfulness.

This is just my guess because of the barbri explanation to the question. They say "truthfulness is a relevant trait to rehabilitate a witness whose creditability has been impeached, there is n indication in these facts that the defendant's credibility was challenged. Thus, the reputation testimony for truthfulness is inadmissible." Hopefully that attempt made things better, not worse.

[grixxlybear99]

For the people that have done the unassigned mixed sets, have you found them helpful and worth doing? Or is BarBri continuing to test random narrow points.

Yes, the unassigned mixed sets and the released MBE questions Barbri has available are definitely worth doing. The mixed sets, imo, are pretty easy. The released questions are similarly easy, but worded much differently. It takes me a good 30 seconds more to answer a released questions simply because the questions are like one long fact pattern, then 3 questions w/ similarly long fact patterns and assumptions embedded within.

The "drills" questions Barbri has are, imo, the hardest. Not because they test random parts you shouldn't know, but because they are worded very trickily

Where do you find these barbri questions (bolded above)? Or what are they labeled as?

Enrolled Student Center --> Additional Bar Review Materials --> Practice Questions --> Scroll to bottom of page: "Released MBE Questions" organized by Subject. There are 36-38 questions per subject available, other than Civ Pro

[jj252525]

Question 54 from today's refresher - civil procedure

[+] Spoiler

When determining proper venue, the corporation in question was deemed as being a resident in

1. It's place of incorporation
2. It's PMB
3. Where it had a bunch of stores (?)

Am I missing something or is 3 contrary to everything we've been taught thus far? At no point before did I hear a corporation could be a resident for reasons other than one or two.

[ballouttacontrol]

For the people that have done the unassigned mixed sets, have you found them helpful and worth doing? Or is BarBri continuing to test random narrow points.

Yes, the unassigned mixed sets and the released MBE questions Barbri has available are definitely worth doing. The mixed sets, imo, are pretty easy. The released questions are similarly easy, but worded much differently. It takes me a good 30 seconds more to answer a released questions simply because the questions are like one long fact pattern, then 3 questions w/ similarly long fact patterns and assumptions embedded within.

The "drills" questions Barbri has are, imo, the hardest. Not because they test random parts you shouldn't know, but because they are worded very trickily

Where do you find these barbri questions (bolded above)? Or what are they labeled as?

Enrolled Student Center --> Additional Bar Review Materials --> Practice Questions --> Scroll to bottom of page: "Released MBE Questions" organized by Subject. There are 36-38 questions per subject available, other than Civ Pro

Thanks bro

[illusion1024]

Question 54 from today's refresher - civil procedure

[+] Spoiler

When determining proper venue, the corporation in question was deemed as being a resident in

1. It's place of incorporation
2. It's PMB
3. Where it had a bunch of stores (?)

Am I missing something or is 3 contrary to everything we've been taught thus far? At no point before did I hear a corporation could be a resident for reasons other than one or two.

[+] Spoiler

A corporation is a citizen of (1) and (2), for the purpose of analyzing diversity, but for the purpose of determining venue, you look at where the corporation is a resident, which is broader.

[WheatThins]

Question 54 from today's refresher - civil procedure

[+] Spoiler

When determining proper venue, the corporation in question was deemed as being a resident in

1. It's place of incorporation
2. It's PMB
3. Where it had a bunch of stores (?)

Am I missing something or is 3 contrary to everything we've been taught thus far? At no point before did I hear a corporation could be a resident for reasons other than one or two.

[+] Spoiler

(c)Residency.—For all venue purposes—

(2) an entity with the capacity to sue and be sued in its common name under applicable law, whether or not incorporated, shall be deemed to reside, if a defendant, in any judicial district in which such defendant is subject to the court’s personal jurisdiction with respect to the civil action in question and, if a plaintiff, only in the judicial district in which it maintains its principal place of business;

[jj252525]

Thanks, guys. Must have missed this. Going to play the ignorant non-citizen card.

[SLS_AMG]

68/100. Not sure how I feel about that. Barely a passing percentage for the actual bar exam, but above BarBri's goal set.

I also did terribly towards the end. I thought they were testing on some incredibly detailed nuances that are (hopefully) unlikely to actually appear.