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

[KRose04]

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

I wouldn't use them. Copyright is from 1983-1990

[KRose04]

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.

Yup. Got like 12 wrong in a row at the end

[goden]

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.

Yup. Got like 12 wrong in a row at the end

Same. I was definitely on tilt and just fucking pissed as I was going through them knowing they'd be all wrong answers

[KRose04]

I'm definitely more worried about the essays than I am the MBE. Those are my downfall. Does anyone else feel that way?

[rmhco]

I'm definitely more worried about the essays than I am the MBE. Those are my downfall. Does anyone else feel that way?

I still feel wildly unconfident for about 6 hours of every day on the MBE, but I mostly feel anxious about the essays because there are so many subjects and so many rules that I just have spent so much less time on than the MBE. I've mostly got the structure/organization down and am confident in applying facts, but the rule memorizations are getting me!

[KRose04]

I'm definitely more worried about the essays than I am the MBE. Those are my downfall. Does anyone else feel that way?

I still feel wildly unconfident for about 6 hours of every day on the MBE, but I mostly feel anxious about the essays because there are so many subjects and so many rules that I just have spent so much less time on than the MBE. I've mostly got the structure/organization down and am confident in applying facts, but the rule memorizations are getting me!

That's my problem too. I'm a decent writer but I can't remember the rules. I'm much better at multiple choice questions in general

[bluewin888]

when do we receive seat ticket ?

[filibuster]

i got mine last week. Sitting in saratoga

[bluewin888]

have not got it in NYC.. maybe tomorrow.

[bluewin888]

just got it on their site

[bluewin888]

first morning is MPT , which is good!!

20% score

[jj252525]

Today's Practice MEE - Question 4

[+] Spoiler

Uh, am I the only who feels that some of the conclusions reached in terms of custody and visitation are kind of brain dead? "Although daughter will suffer short-term emotional harm and might suffer permanent emotional damage if she is separated from Caretaker, Daughter is still very young, and mother's parent rights will probably outweigh risk of harm to Daughter." What?

I took family law (law generally) in Canada, and BIC is taken really seriously. Am I just out to lunch here?

[mvp99]

Q 55 Refresher: I love how the explanation is like

[+] Spoiler

"yea you were right, it has no secular purpose but the SC allowed it anyway even though it doesn't meet the Lemon test"

[judgefudge]

Q 55 Refresher: I love how the explanation is like

[+] Spoiler

"yea you were right, it has no secular purpose but the SC allowed it anyway even though it doesn't meet the Lemon test"

I took two classes on the First Amendment and I knew the answer to this only because of that. Mean question to ask, Barbri. Mean.

[SLS_AMG]

Do we have idea how the essay grading compares to BarBri's' rubrics? I'm getting frustrated with some of the essays, because I'm often scoring "below passing," even though I feel like I know a good bit about the subject. Also, a lot of the past essays invoke material that was never covered in the substantive lectures we watched, so it's even more frustrating to do poorly on an essay when you just have never seen the law before (this happened on the most recent Family Law MEE with the custody thing). Getting paranoid that multiple things are going to pop up on test day that I have no knowledge of and have never seen.

Obviously, we all know how to CIRAC/CRAC, but does anyone have deeper insight on how generous the graders are? I like to think that they'll be somewhat generous in giving us points even if we get the law wrong, whereas BarBri's rubrics of course don't take into account reasonable mistakes or reasonable (but incorrect) conclusions.

[jrthor10]

Can someone please explain the answer to question 9 from the MBE Refresher yesterday?

I get that the impleader claim is ok bc it comes from same nucleus of operative fact, but why is the tort claim not ok? Does the same T/O test not apply for claims against an impleaded third party? Or is BarBri saying that this claim does not come from the same T/O even though it appears tort claim based on same construction job?

Appreciate any help!

[filibuster]

There is no SMJ over the $80,000 claim. Diversity doesn't exists as Gen and Sub are citizens of the same state. It is a state law tort claim and therefore no federal question jurisdiction. Supp jux is also improper as it does not result from the same t/o, it is a conversion claim not resulting from the breach of contract claim. Hope that helps!

[mvp99]

Can someone please explain the answer to question 9 from the MBE Refresher yesterday?

I get that the impleader claim is ok bc it comes from same nucleus of operative fact, but why is the tort claim not ok? Does the same T/O test not apply for claims against an impleaded third party? Or is BarBri saying that this claim does not come from the same T/O even though it appears tort claim based on same construction job?

Appreciate any help!

Any additional claims must also have SMJ. Either diversity, federal Q, or Supp. None of these are present here. Both D's are from the same state therefore no diversity and the tort claim is not based on the same T/O.

So to your second question yes, Barbri is saying it's not the same T/O. It's completely unrelated. A temporal connection between the claims is no enough to have the same T/O. (I wrote something about this a few pages back but I misread the facts of the civ set 5 question which is similar to this one)

[KRose04]

What is the difference between number 9 on the MBE refresher and number 2 in civ pro set 5?

[mvp99]

What is the difference between number 9 on the MBE refresher and number 2 in civ pro set 5?

Ha I also misread civ pro set 5-2. The last sentence in the fact pattern. In the civ pro set it says everyone is domiciled in a different state.

[KRose04]

What is the difference between number 9 on the MBE refresher and number 2 in civ pro set 5?

Ha I also misread civ pro set 5-2. The last sentence in the fact pattern. In the civ pro set it says everyone is domiciled in a different state.

But the answer explanation says " once the general contractor asserts a proper third-party claim against a subcontractor, the general contractor can join any other claim it has" ... no mention of diversity

[ellewoods123]

Do we have idea how the essay grading compares to BarBri's' rubrics? I'm getting frustrated with some of the essays, because I'm often scoring "below passing," even though I feel like I know a good bit about the subject. Also, a lot of the past essays invoke material that was never covered in the substantive lectures we watched, so it's even more frustrating to do poorly on an essay when you just have never seen the law before (this happened on the most recent Family Law MEE with the custody thing). Getting paranoid that multiple things are going to pop up on test day that I have no knowledge of and have never seen.

Obviously, we all know how to CIRAC/CRAC, but does anyone have deeper insight on how generous the graders are? I like to think that they'll be somewhat generous in giving us points even if we get the law wrong, whereas BarBri's rubrics of course don't take into account reasonable mistakes or reasonable (but incorrect) conclusions.

+1. like, how hard is it to pass an essay if you know some general law and can IRAC?

[grixxlybear99]

Did the MBE Refresher this morning. 70/100 - is the consensus that this refresher is not representative of the actual mbe?

What are people's thoughts on the Refresher Video?

Also, will Barbri release the average on the MBE Refresher like they did with the Midterm?

[mvp99]

What is the difference between number 9 on the MBE refresher and number 2 in civ pro set 5?

Ha I also misread civ pro set 5-2. The last sentence in the fact pattern. In the civ pro set it says everyone is domiciled in a different state.

But the answer explanation says " once the general contractor asserts a proper third-party claim against a subcontractor, the general contractor can join any other claim it has" ... no mention of diversity

True. I wouldn't pay too much attention to the one paragraph explanation on studysmart that literally explains D and C are incorrect because they refer to other tests and says nothing more. I'm going with the rule that ALL claims require some sort of SM jurisdiction. The studysmart explanation I think is assuming we know there is diversity in the case and that T/O supp. jx is not possible. I don't think the part where it says that "once a D has impleaded a TPD properly it may assert other claims" is saying that TPP may assert absolutely any claim. SMJ is always required. Rather what its trying to say is that TPP must properly implead a TPD before the TPP can assert any claim. I.e. D cannot file a claim to bring a party in, the party must be impleaded first.

[KRose04]

Thanks mvp