Themis Bar Review Hangout - July 2014 Exam Forum

[themis513]

How do you speed up a video if your are watching it on your phone/tablet?

[iplaw4me2]

Yeah, I think I need to stop doing interactive testing altogether. For one, it makes me very lazy because I can take a mental break whenever I click on the answer explanation, because that part isn't timed -- horrible for my endurance and tolerance to timed conditions. And two, I don't do well with the emotional roller coaster of tackling each question one at a time, finding out I'm wrong on one I was sure I got right, and then getting discouraged/angry during the next questions. That kind of feedback is only ever helpful in the beginning when I'm trying to understand how a specific subject matter is tested. When I'm finished with my next CrimPro session, I think I'm going to stop interactive mode for the rest of the prep cycle.

This. I'd get so down and flustered when I got a question wrong that I swore I knew the answer to. I had to switch to test mode and just review all the questions afterwards.

For me it helps when I get upset and flustered about a missed question because then I remember it. When I see a similar question the next time I immediately think about the time I almost punched my screen, and then I know how they want me to answer it.

[iLoveFruits&Veggies]

Yeah, I think I need to stop doing interactive testing altogether. For one, it makes me very lazy because I can take a mental break whenever I click on the answer explanation, because that part isn't timed -- horrible for my endurance and tolerance to timed conditions. And two, I don't do well with the emotional roller coaster of tackling each question one at a time, finding out I'm wrong on one I was sure I got right, and then getting discouraged/angry during the next questions. That kind of feedback is only ever helpful in the beginning when I'm trying to understand how a specific subject matter is tested. When I'm finished with my next CrimPro session, I think I'm going to stop interactive mode for the rest of the prep cycle.

This. I'd get so down and flustered when I got a question wrong that I swore I knew the answer to. I had to switch to test mode and just review all the questions afterwards.

For me it helps when I get upset and flustered about a missed question because then I remember it. When I see a similar question the next time I immediately think about the time I almost punched my screen, and then I know how they want me to answer it.

Me too! I learn the most when I make a mistake. I get upset (especially when you ALMOST picked the right answer but talked yourself out of it), but it's at least stuck in my brain after that (hopefully!). I also care a lot more about each question right after I answer it. I'm less excited to read about them once I've finished an entire set of questions. The challenge is to not get so upset that you quit - which is what happened to me part way through a contracts MBE set of questions last night. I gave up and went to bed! lol

[swfangirl]

I think it's better to stick to interactive mode when learning the material. Being told immediately that you were wrong will help protect against misremembering the material. A lag inbetween increases the chance that you actually just remember the wrong thing.

[Tanicius]

I think it's better to stick to interactive mode when learning the material. Being told immediately that you were wrong will help protect against misremembering the material. A lag inbetween increases the chance that you actually just remember the wrong thing.

I definitely agree with this. I don't switch to test mode until I'm comfortable with the material. It just has the unfortunate side effect of making me really miserable during the learning process. With both Contracts and CrimPro, I got sub-40% correct on the first interactive session and felt like I was going to fail on the real thing. A read through the most important parts of the long outline for each subject and two interactive sessions later, and I'm enjoying a comfy 70+% accuracy on both subjects.

[chicubs88]

I was incredibly disappointed when I saw that Sherman Clark is my Evidence lecturer. I barely endured his Torts lectures and now I have to sit through more 25 minute videos where he spends 10 minutes explaining one page of the handout...

[WonkyPanda]

wow, I am not getting good download speeds on these videos today. Definitely not my bandwidth, at least.

[Burgstaller04]

3. Which of the following statements is TRUE?
A party in a criminal trial may take a deposition on a showing of good cause.
A party in a criminal trial may take a deposition on a showing of need.
A party in a criminal trial may take a deposition on a showing of good cause.
A party in a criminal trial can never take a deposition.
Correct Answer: A party in a criminal trial may take a deposition on a showing of good cause.

what. the. fuck.

[Tanicius]

3. Which of the following statements is TRUE?
A party in a criminal trial may take a deposition on a showing of good cause.
A party in a criminal trial may take a deposition on a showing of need.
A party in a criminal trial may take a deposition on a showing of good cause.
A party in a criminal trial can never take a deposition.
Correct Answer: A party in a criminal trial may take a deposition on a showing of good cause.

what. the. fuck.

Hahahahahaha.

[Burgstaller04]

3. Which of the following statements is TRUE?
A party in a criminal trial may take a deposition on a showing of good cause.
A party in a criminal trial may take a deposition on a showing of need.
A party in a criminal trial may take a deposition on a showing of good cause.
A party in a criminal trial can never take a deposition.
Correct Answer: A party in a criminal trial may take a deposition on a showing of good cause.

what. the. fuck.

Hahahahahaha.

Naturally I picked the "wrong" one.

[j1987]

I'm considering just doing all of the lectures first and then doing major essay/PQs/memorization until the bar. Does this sound like a bad idea?

[Tanicius]

I'm considering just doing all of the lectures first and then doing major essay/PQs/memorization until the bar. Does this sound like a bad idea?

Ehhh, you want to spread the lectures out a little bit more, for your sanity's sake. No way can you take ConLaw, Torts, Property, Contracts, Evidence, CrimLaw, CrimPro, Secured Transactions, Wills & Trusts, Commercial Paper, CivPro, Family Law, Corporations, Partnerships, Agency back to back to back to back to back to back to back to back to back to back to back... and then remember what you learned during the ConLaw and Torts lectures. It's more helpful to take 3-4 MBE practice sessions of Topics A and B while doing the lectures for Topics C and D. You want to leapfrog between lectures, practice sessions, other topic lectures, and other topic MBE practice sessions.

[Genuine4ps]

Secured transactions professor, follow the damn handout!

[Tanicius]

Secured transactions professor, follow the damn handout!

Holy shit, I know. Utterly worthless handout. I learned virtually nothing from his lectures.

[jigglypuffdreams]

I'm considering just doing all of the lectures first and then doing major essay/PQs/memorization until the bar. Does this sound like a bad idea?

It depends on where you're at, after I got through my last MBE lecture I powered through and finished all the state-specific lectures/relevant essays. Feels a bit more refreshing and now I'm more in focusing/memorizing mode. But for the big MBE subjects it was better to watch videos, work through the outline, and hammer out MBE questions as I was going along.

[Genuine4ps]

Secured transactions professor, follow the damn handout!

Holy shit, I know. Utterly worthless handout. I learned virtually nothing from his lectures.

Did you just read the long outline instead or something?

My only real grip with Themis is this guy. Of course, I haven't gotten to Evidence yet, and I've heard a bunch of complaints.

Secured transactions guy seems prepared, but I think he's trying to do the lecture largely from memory as opposed to looking at the handout.

[Tanicius]

Secured transactions professor, follow the damn handout!

Holy shit, I know. Utterly worthless handout. I learned virtually nothing from his lectures.

Did you just read the long outline instead or something?

My only real grip with Themis is this guy. Of course, I haven't gotten to Evidence yet, and I've heard a bunch of complaints.

Secured transactions guy seems prepared, but I think he's trying to do the lecture largely from memory as opposed to looking at the handout.

Nope, I just had to look over a bunch of other random outlines until some of the concepts stuck. It's still going to be by far my weakest essay subject.

[j1987]

I'm considering just doing all of the lectures first and then doing major essay/PQs/memorization until the bar. Does this sound like a bad idea?

Ehhh, you want to spread the lectures out a little bit more, for your sanity's sake. No way can you take ConLaw, Torts, Property, Contracts, Evidence, CrimLaw, CrimPro, Secured Transactions, Wills & Trusts, Commercial Paper, CivPro, Family Law, Corporations, Partnerships, Agency back to back to back to back to back to back to back to back to back to back to back... and then remember what you learned during the ConLaw and Torts lectures. It's more helpful to take 3-4 MBE practice sessions of Topics A and B while doing the lectures for Topics C and D. You want to leapfrog between lectures, practice sessions, other topic lectures, and other topic MBE practice sessions.

I have these lectures left: Advanced Sales, Agency, Conflict of Laws, Corporations, Evidence, MPT, Secured Transactions, Partnerships.

[Genuine4ps]

I think it's better to stick to interactive mode when learning the material. Being told immediately that you were wrong will help protect against misremembering the material. A lag inbetween increases the chance that you actually just remember the wrong thing.

I definitely agree with this. I don't switch to test mode until I'm comfortable with the material. It just has the unfortunate side effect of making me really miserable during the learning process. With both Contracts and CrimPro, I got sub-40% correct on the first interactive session and felt like I was going to fail on the real thing. A read through the most important parts of the long outline for each subject and two interactive sessions later, and I'm enjoying a comfy 70+% accuracy on both subjects.

I see the logic here, and it's what I've been doing. Stamina could be a big issue on the bar, though, so I'm going to have to eventually start doing everything in test mode.

[lawyerwannabe]

I just got conflicting MBE explanations and was hoping TLS could enlighten me.

I thought that deliver of a deed had to actually be accepted. However, on two questions, since the deed was validly executed and did not contain revoking language, delivery of the deed occurred and acceptance was presumed because the deed benefitted the potential acceptor. Then, two questions later, the same thing happened and the explanation said there was no delivery . . .

Thanks in advance to anyone who helps me out!

[puttycake]

I just got conflicting MBE explanations and was hoping TLS could enlighten me.

I thought that deliver of a deed had to actually be accepted. However, on two questions, since the deed was validly executed and did not contain revoking language, delivery of the deed occurred and acceptance was presumed because the deed benefitted the potential acceptor. Then, two questions later, the same thing happened and the explanation said there was no delivery . . .

Thanks in advance to anyone who helps me out!

If the deed is validly executed and given to someone who isn't under any obligation to allow the giver to take it back (like "Take this and if I don't ask for it back, give it to Jim") then it's considered delivered. That includes if the person says "Give this to Jim once I'm dead."

Basically, it's about the intent of the giver. Were they ready and willing and trying to get the deed to the recipient, even with a delay? Or were they hesitating and still thinking about it?

[puttycake]

I have these lectures left: Advanced Sales, Agency, Conflict of Laws, Corporations, Evidence, MPT, Secured Transactions, Partnerships.

I would cluster Corporations (do this one first), Agency (second), and Partnerships (third). They really are dealing with many of the same ideas, and will serve as their own little refresher for one another. And they tend to go hand in hand on essays, it appears.

[Anonymous User]

Oddly enough, I think the multitude of 8-hour take-home exams that I loathed in law school at least managed to build up my stamina for exams.

[Tarponbeach]

How do you speed up a video if your are watching it on your phone/tablet?

Unfortunately, you can't. Only works on a PC or Mac

[j1987]

Can someone explain to me WHY this is a destination contract?

"A new florist placed a written order with a wholesaler for $15,000 worth of fresh flowers. Delivery was to be made to the florist via a national delivery service. Because the florist was a new customer, the wholesaler accepted the order on the condition that he pay $5,000 in advance, and the remaining $10,000 within 20 days of delivery. There was no discussion as to who bore the risk of loss. The wholesaler arranged with a national delivery service to pick up and deliver the flowers to the florist. The delivery service picked up the flowers, but, due to malfunction of the temperature controls on the transporting plane, the flowers were worthless upon arrival. The florist rejected the flowers and notified the wholesaler, who refused to ship other flowers. The wholesaler filed a claim against the florist for the remaining $10,000. The florist counterclaimed for the return of its $5,000 payment to the wholesaler. How should the court rule on these claims?

Rationale: Answer choice B is correct. Where the goods are required to be delivered to a specific place (e.g., the buyer’s place of business) and delivery is to be made by a third-party carrier (i.e., a destination contract), the risk of loss does not pass to the buyer until the goods are tendered to the buyer at the designated place. Since this was a destination contract, the risk of loss remained with the wholesaler because the flowers were destroyed prior to reaching the buyer. Due to the condition of the flowers, the wholesaler failed to make a perfect tender, and the florist had the option to reject the goods. Consequently, the florist is entitled to a return of its $5,000 payment. When the wholesaler refused to ship other goods despite notification of the florist’s rejection, the florist could seek a return of his payment. Answer choice A is incorrect because, although a shipment contract (i.e., a contract that requires the seller to deliver the goods to a third-party carrier rather than the buyer) is the default type of contract, the parties are free to specify the place of delivery. In this case, the parties entered into a destination contract specifying the local florist as the delivery location. As a consequence, the risk of loss did not pass to the local florist. Answer choice C is incorrect because, although the loss of the flowers was not due to the fault of either party, the risk of loss is not shared in such case. Answer choice D is incorrect because payment, in part or full, by the buyer of the purchase price does not shift any portion of risk of loss to the buyer."

Literally explain it to me as if I am an invalid because I have been staring at this question for 20 minutes, and I still don't get it. I get the difference between a shipment and a destination contract, but I don't get why it is a destination contract in this particular question.