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

[LionelHutzJD]

The refresher was tough - clearly not representative. 66/100

[KRose04]

The refresher was tough - clearly not representative. 66/100

Agreed. Some of those questions I was just like -___- REALLY? Like the one about their being a history of prayers at legislative meetings. You have to be kidding me!

[ellewoods123]

anyone have any inkling into the representativeness of the additional half day exam in the MPQ book? kinda wanna take it..kinda wanna don't if its going to ruin me/my confidence. anyone else thinking of taking it?

[LionelHutzJD]

anyone have any inkling into the representativeness of the additional half day exam in the MPQ book? kinda wanna take it..kinda wanna don't if its going to ruin me/my confidence. anyone else thinking of taking it?

Curious as well. I'd like the half day and full day to be the last two sets I work on. According to the MPQ book the average is 60% on both. So a little higher than the refresher.

[mvp99]

The refresher was tough - clearly not representative. 66/100

I agree but did you also miss a substantial number of questions simply because you misunderstood the fact pattern? I did.. for like 15 of them.

[grixxlybear99]

I got a 120 on the midterm, a 70 on the refresher, but a 59 on the half day. Kicked my ass. But I learned a lot from it. Took the half day last week

[LionelHutzJD]

The refresher was tough - clearly not representative. 66/100

I agree but did you also miss a substantial number of questions simply because you misunderstood the fact pattern? I did.. for like 15 of them.

I had some stupid mistakes.

[mvp99]

Anyone know whether we should use CIRAC or IRAC

[ellewoods123]

anyone know if the mixed sets get harder? Just did Mixed set 5 and got destroyed...was significantly above target on 1-4.

[mvp99]

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.

Hey I also didn't know the law for this family law essay. I used the facts extensively and

[+] Spoiler

actually concluded there was no abandonment because abandonment requires relinquishment of her right to her daughter and the absence of the mother was due to sickness. Then I went on to talk about how the mother had not really proven herself, the risks of further alcoholism, and that temporary custody to the Caretaker would balance things out and ensure a smoother transition. Do I think I would get points for that analysis? idk

[grixxlybear99]

anyone know if the mixed sets get harder? Just did Mixed set 5 and got destroyed...was significantly above target on 1-4.

I think they get a bit harder, however I have scored in the same range +/- 5 points in all of them. My lowest score was Set 1. I've done all 7 sets

[grixxlybear99]

When it comes to Presidential Oath vs Take Care Clause, does the president violate the constitution when he declines to enforce a federal law that he honestly and reasonably believes is unconstitutional ?

He has a duty to enforce laws under take care but under the Oath he is required defend the constitution

[rivermaker]

How often have future interests been tested on MEE? I can figure it out most of the time on MBE questions but I sound stupid as fuck trying to talk about it in an essay.

[mvp99]

How often have future interests been tested on MEE? I can figure it out most of the time on MBE questions but I sound stupid as fuck trying to talk about it in an essay.

[+] Spoiler

I answered the trusts question without even realizing it had to do with future interests. I said the trustee couldn't pay the judgment because the trust instrument didn't allow it until after 15 years of its creation but that Beth could alienate her interest in a way that would allow John to be entitled to payment in 15 years..... 2/5

[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.

Hey I also didn't know the law for this family law essay. I used the facts extensively and

[+] Spoiler

actually concluded there was no abandonment because abandonment requires relinquishment of her right to her daughter and the absence of the mother was due to sickness. Then I went on to talk about how the mother had not really proven herself, the risks of further alcoholism, and that temporary custody to the Caretaker would balance things out and ensure a smoother transition. Do I think I would get points for that analysis? idk

I actually haven't done the practice exam yet, so I stopped reading after the first sentence.

But, I feel like the BarBri grading rubric has to be at least a good bit harsher than the actual bar examiners, right? I mean, with BarBri, there's basically no partial credit. You either get the conclusion and rules of law right, or you don't. I just don't see how everyone says the essays are so easy if they're graded as strictly as BarBri.

I think the lack of transparency with regards to grading is really frustrating.

[judgefudge]

FYI, re: my full faith and credit question

This is what BarBri told me:

A final judgment is one where a court has resolves all issues in dispute and settled the parties' rights with respect to those issues. An appeal does not change the fact that a judgment is final. For example, A loses to B in a NY court regarding property, some of which is situated in Florida. B has a signed judgment by the NY court which B seeks to enforce in the Florida court. A decides to appeal. Despite the appeal, the Florida court will give full faith and credit to the NY judgment. A's only move is file a motion for stay of enforcement of the judgment in the Florida court on the basis of the appeal. A will likely win this motion because property is not fungible. The Florida court will not enforce the judgment during the appeals process, but the judgment is still final and deserving of full faith and credit.

[ellewoods123]

FYI, re: my full faith and credit question

This is what BarBri told me:

A final judgment is one where a court has resolves all issues in dispute and settled the parties' rights with respect to those issues. An appeal does not change the fact that a judgment is final. For example, A loses to B in a NY court regarding property, some of which is situated in Florida. B has a signed judgment by the NY court which B seeks to enforce in the Florida court. A decides to appeal. Despite the appeal, the Florida court will give full faith and credit to the NY judgment. A's only move is file a motion for stay of enforcement of the judgment in the Florida court on the basis of the appeal. A will likely win this motion because property is not fungible. The Florida court will not enforce the judgment during the appeals process, but the judgment is still final and deserving of full faith and credit.

Thanks for the clarification!

[ArtistOfManliness]

FYI, re: my full faith and credit question

This is what BarBri told me:

A final judgment is one where a court has resolves all issues in dispute and settled the parties' rights with respect to those issues. An appeal does not change the fact that a judgment is final. For example, A loses to B in a NY court regarding property, some of which is situated in Florida. B has a signed judgment by the NY court which B seeks to enforce in the Florida court. A decides to appeal. Despite the appeal, the Florida court will give full faith and credit to the NY judgment. A's only move is file a motion for stay of enforcement of the judgment in the Florida court on the basis of the appeal. A will likely win this motion because property is not fungible. The Florida court will not enforce the judgment during the appeals process, but the judgment is still final and deserving of full faith and credit.

But whats the point of it being final "and deserving of full faith and credit" if the Florida court won't enforce the judgment?

[ballouttacontrol]

FYI, re: my full faith and credit question

This is what BarBri told me:

A final judgment is one where a court has resolves all issues in dispute and settled the parties' rights with respect to those issues. An appeal does not change the fact that a judgment is final. For example, A loses to B in a NY court regarding property, some of which is situated in Florida. B has a signed judgment by the NY court which B seeks to enforce in the Florida court. A decides to appeal. Despite the appeal, the Florida court will give full faith and credit to the NY judgment. A's only move is file a motion for stay of enforcement of the judgment in the Florida court on the basis of the appeal. A will likely win this motion because property is not fungible. The Florida court will not enforce the judgment during the appeals process, but the judgment is still final and deserving of full faith and credit.

But whats the point of it being final "and deserving of full faith and credit" if the Florida court won't enforce the judgment?

My take is that the stay was only granted because, as stated, property is not fungible. If it were simply a money judgment FL wouldn't grant a stay.

Someone pls correct me if I'm off.

[judgefudge]

FYI, re: my full faith and credit question

This is what BarBri told me:

A final judgment is one where a court has resolves all issues in dispute and settled the parties' rights with respect to those issues. An appeal does not change the fact that a judgment is final. For example, A loses to B in a NY court regarding property, some of which is situated in Florida. B has a signed judgment by the NY court which B seeks to enforce in the Florida court. A decides to appeal. Despite the appeal, the Florida court will give full faith and credit to the NY judgment. A's only move is file a motion for stay of enforcement of the judgment in the Florida court on the basis of the appeal. A will likely win this motion because property is not fungible. The Florida court will not enforce the judgment during the appeals process, but the judgment is still final and deserving of full faith and credit.

But whats the point of it being final "and deserving of full faith and credit" if the Florida court won't enforce the judgment?

My take is that the stay was only granted because, as stated, property is not fungible. If it were simply a money judgment FL wouldn't grant a stay.

Someone pls correct me if I'm off.

No, I think you're right. Also, for purposes of the MBE, I don't think the motion for stay of enforcement part is going to come up. I'm guessing we just need to know that, regardless of whether something is being appealed, it deserves full faith and credit if it's a final judgment on the merits.

[ellewoods123]

Anyone have a fear of regression this final week? No? Just me.

[jj252525]

Tort Set 6 - Question 8

[+] Spoiler

Despite the trespass, would the heart attack suffered by the man and its associated liability not be cut off due to a lack of proximate causation?

[mvp99]

I'm tired of barbri's questions and explanations tbh. I'll stick with Adaptibar for the rest of my prep.

[ellewoods123]

I'm tired of barbri's questions and explanations tbh. I'll stick with Adaptibar for the rest of my prep.

This. This. This.

[mvp99]

I'm tired of barbri's questions and explanations tbh. I'll stick with Adaptibar for the rest of my prep.

This. This. This.

I think Barbri's tactics served its purpose. But the problem is that I find myself struggling a bit when I go back to Adaptibar and I think it's because I'm overthinking things. I'm trying to understand how the question is trying to trick me when it's not. Real NCBE questions are difficult but less convoluted (most of them) than Barbri's.