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

[KRose04]

FYI incase I was the only one who was under the mistaken belief that the essays were graded 1-5 (since barbri graded them that way) they are in fact graded on a 1-10

http://www.seperac.com/zcalc-ube-j16.php

The website switched to 1-10 only a few days ago. For the past three months it said UBE was 1-5. So I'm not sure which is true and I haven't found any helpful info elsewhere

I posted in the NY thread and someone said their Themis rep said NY UBE is graded 1-10

My bar mentor always told me it was out of 10, and 5 is a passing grade

[mvp99]

K set 6 question 7

[+] Spoiler

I'm not so sure, not because of a lack of consideration but because the modification was not in good faith (the contractor threaten to no continue). Anyone agrees? Shouldn't K modifications at CL also be in good faith?

[grixxlybear99]

K set 6 question 7

[+] Spoiler

I'm not so sure, not because of a lack of consideration but because the modification was not in good faith (the contractor threaten to no continue). Anyone agrees? Shouldn't K modifications at CL also be in good faith?

Pre existing duty rule under CL, but exception = unforeseen extreme difficulty

[mvp99]

K set 6 question 7

[+] Spoiler

I'm not so sure, not because of a lack of consideration but because the modification was not in good faith (the contractor threaten to no continue). Anyone agrees? Shouldn't K modifications at CL also be in good faith?

Pre existing duty rule under CL, but exception = unforeseen extreme difficulty

I don't think this fact pattern qualifies for the unforeseen extreme difficulty + good faith exception (which, in any case, again there is a lack of good faith b/c of the threat of termination of the K). First, most if not all caselaw establishes that the risk of foundation problems is on the construction company. Note that the fact pattern only says this problem was not recorded in public documents, so what? This is a distraction. It's on the company to do the sampling or contract otherwise.

Second, there is consideration for the modification (albeit this is the modern form consideration = any alteration of both parties' duties), so there is no need to consider the exception above.

The company threaten to terminate the contract without justification and this lead to the modification and to me this equals bad faith.

[mvp99]

the other question that I think it's not right is the one with the coat

[+] Spoiler

seller only gets additional time period to tender conforming goods when the seller had reasonable founds to believe non-conforming goods sent would be acceptable and in that question the seller only became aware of the defect before forming any believe as to the goods + before delivery was due. This exception is narrow only used when the seller has prior dealings with the buyer and ships non-confirming goods thinking they are reasonable substitution. Therefore, Seller's ability to cure is with the other option (not discussed in the explanation). Seller gives notice of intent to cure and time for performance has not expired. Here, time for performance will expire by the K date of delivery and the seller doesn't get additional time to cure under this option.

[grixxlybear99]

Should we feel comfortable w MBE if we consistently reach the suggested scores by Barbri? Like, never less than the "10/18 for set 6" or the "118 for the mid term"?

[yodamiked]

Has anyone done the 21 sample MBE questions on the NCBE site? I got 14/21, which is pretty concerning since I've been doing better than that on Barbri and the actual MBE questions are supposed to be easier.

[mvp99]

Has anyone done the 21 sample MBE questions on the NCBE site? I got 14/21, which is pretty concerning since I've been doing better than that on Barbri and the actual MBE questions are supposed to be easier.

You were one question away from 71% so you might be there already. If I were you I would try doing at least 100 question of the latest exam available just to get a feel for the difference in the fact patterns, questions, and answers.

[LionelHutzJD]

17/21 on that release set.

Question from OPE-4:

In a crowded football stadium, a man saw a wallet fall out of a spectator's purse. The man picked up the wallet and found
that it contained $100 in cash. Thinking that he could use the money and seeing no one watching, the man put the wallet in
the pocket of his coat. Just then, the spectator approached the man and asked if he had seen a missing wallet. The man said
no and went home with the wallet.

Of what crime, if any, is the man guilty?

A) False Pretenses
B) Larceny
C) No Crime
D) Embezzlement.

[+] Spoiler

I chose A, but the answer is B. If you take someone's personal property, such as a wallet, aren't you taking title to it? How do you actually gain title to a wallet? Thanks.

[Swimp]

Has anyone done the 21 sample MBE questions on the NCBE site? I got 14/21, which is pretty concerning since I've been doing better than that on Barbri and the actual MBE questions are supposed to be easier.

I just paid for one of the 100-question NCBE MBE tests. I did okay on it, but I was really frustrated when I was taking it (and figured I was doing way worse than I was) because I felt very unsure about everything and a lot of the questions involved rules/doctrines that just flat-out were not mentioned at all by barbri.

I think the NCBE questions are definitely harder than barbri's stuff.

[MCFC]

17/21 on that release set.

Question from OPE-4:

In a crowded football stadium, a man saw a wallet fall out of a spectator's purse. The man picked up the wallet and found
that it contained $100 in cash. Thinking that he could use the money and seeing no one watching, the man put the wallet in
the pocket of his coat. Just then, the spectator approached the man and asked if he had seen a missing wallet. The man said
no and went home with the wallet.

Of what crime, if any, is the man guilty?

A) False Pretenses
B) Larceny
C) No Crime
D) Embezzlement.

[+] Spoiler

I chose A, but the answer is B. If you take someone's personal property, such as a wallet, aren't you taking title to it? How do you actually gain title to a wallet? Thanks.

[+] Spoiler

The working definition of false pretenses I've been using is "obtaining title to the personal property of another through use of a false statement, made knowingly, with intent to defraud."

So I am just guessing here, but I chose B on the theory that title had already been "obtained"--he already had the wallet in his pocket. The false statement that he made thus was not what allowed him to obtain possessed of the wallet.

[SLS_AMG]

Has anyone done the 21 sample MBE questions on the NCBE site? I got 14/21, which is pretty concerning since I've been doing better than that on Barbri and the actual MBE questions are supposed to be easier.

I just paid for one of the 100-question NCBE MBE tests. I did okay on it, but I was really frustrated when I was taking it (and figured I was doing way worse than I was) because I felt very unsure about everything and a lot of the questions involved rules/doctrines that just flat-out were not mentioned at all by barbri.

I think the NCBE questions are definitely harder than barbri's stuff.

I haven't done OPE-4, but I did OPE-3. On the whole, I felt that the questions were easier in a sense because there were normally 2 answers that were just so off-the-wall that you could immediately throw them out. I felt like I was reasonably sure on most of them, but I can definitely see how walking out of an exam I would not feel confident in passing since there were only like 20-25% I was 95-100% sure on. I think part of the reason they seem easier is that the questions themselves were just significantly shorter than BarBri's questions, which have become so long winded that I actually dread doing even sets of 18. I understand BarBri wants us to read carefully, but when two questions fill up the entire space on virtually every page (as was the case with property), I think they're going a little overboard.

Is OPE-4 similar to OPE-3 to anyone who's done both? Or does my description sound accurate about usually being able to throw out 2 answers?

[yodamiked]

Has anyone done the 21 sample MBE questions on the NCBE site? I got 14/21, which is pretty concerning since I've been doing better than that on Barbri and the actual MBE questions are supposed to be easier.

I just paid for one of the 100-question NCBE MBE tests. I did okay on it, but I was really frustrated when I was taking it (and figured I was doing way worse than I was) because I felt very unsure about everything and a lot of the questions involved rules/doctrines that just flat-out were not mentioned at all by barbri.

I think the NCBE questions are definitely harder than barbri's stuff.

I haven't done OPE-4, but I did OPE-3. On the whole, I felt that the questions were easier in a sense because there were normally 2 answers that were just so off-the-wall that you could immediately throw them out. I felt like I was reasonably sure on most of them, but I can definitely see how walking out of an exam I would not feel confident in passing since there were only like 20-25% I was 95-100% sure on. I think part of the reason they seem easier is that the questions themselves were just significantly shorter than BarBri's questions, which have become so long winded that I actually dread doing even sets of 18. I understand BarBri wants us to read carefully, but when two questions fill up the entire space on virtually every page (as was the case with property), I think they're going a little overboard.

Is OPE-4 similar to OPE-3 to anyone who's done both? Or does my description sound accurate about usually being able to throw out 2 answers?

I decided to purchase OPE-4. I'll do it either later this afternoon or tomorrow. If anything, it will at least acclimate me to the wording used on the actual bar. Should help with stress on test day I would think.

[LionelHutzJD]

I'm thinking of doing OPE-3 tomorrow as my final hoorah with the MBE.

Also, thank you MCFC for your explanation above.

[Ref]

17/21 on that release set.

Question from OPE-4:

In a crowded football stadium, a man saw a wallet fall out of a spectator's purse. The man picked up the wallet and found
that it contained $100 in cash. Thinking that he could use the money and seeing no one watching, the man put the wallet in
the pocket of his coat. Just then, the spectator approached the man and asked if he had seen a missing wallet. The man said
no and went home with the wallet.

Of what crime, if any, is the man guilty?

A) False Pretenses
B) Larceny
C) No Crime
D) Embezzlement.

[+] Spoiler

I chose A, but the answer is B. If you take someone's personal property, such as a wallet, aren't you taking title to it? How do you actually gain title to a wallet? Thanks.

[+] Spoiler

The working definition of false pretenses I've been using is "obtaining title to the personal property of another through use of a false statement, made knowingly, with intent to defraud."

So I am just guessing here, but I chose B on the theory that title had already been "obtained"--he already had the wallet in his pocket. The false statement that he made thus was not what allowed him to obtain possessed of the wallet.

I don't know if this is helpful, but here's how I've been thinking about it.

Larceny - you just have possession or custody. No one gave anything to you, you had no right to it, you just took it.
Embezzlement - You did have a right to possession or custody, but not to ownership. No one intended to give it to you individually, but you in your status as X (employee, agent, whatever).
False Pretenses - Someone DID give something to you on purpose. They meant to give it to YOU, "fee simple." BUT, that's only because you made a false statement of present or past fact (or future under MPC).

[+] Spoiler

Thus, in your question, it's Larceny. Practically, he could do whatever he wanted with the wallet/money and no one would challenge 'title,' but no one gave it to him intending that he have any rights to it, either in his capacity as X or as an individual.

Someone please correct me if I'm misleading. Preferably before Tuesday.

[SLS_AMG]

Ugh. I did not do well on the 21 questions on NCBE's website. 13/21. I thought those were much harder than the OPE ones. I hope that's not the average difficulty on the day of the exam or I'm definitely going to walk out of there feeling defeated.

[generaltoast]

Dat property set 6. If Barbri is trying to fully crush my confidence before game day, mission accomplished. I think I learned about 10 new rules iv'e never seen before just from that set. Though admittedly property has been my worst subject from the jump.

After getting half way through that set, I decided to stop doing the 18Q sets. All they're doing at this point is making me second guess every question and not going with my gut. I have a feeling they're going to cause me more harm than good come test day.

Agreed. I think they're definitely making the Set 6's way difficult. In comparison, I just did the property "drills" set under additional questions and got 16/17.

[squiggle]

Can someone post or PM me the targeted scores for the Civ Pro sets? I have an old Barbri book, which includes the civ pro questions, but no targeted scores (it says "check online for scores").

[bwh8813]

Can someone post or PM me the targeted scores for the Civ Pro sets? I have an old Barbri book, which includes the civ pro questions, but no targeted scores (it says "check online for scores").

They're all 12/18

[KRose04]

17/21 on that release set.

Question from OPE-4:

In a crowded football stadium, a man saw a wallet fall out of a spectator's purse. The man picked up the wallet and found
that it contained $100 in cash. Thinking that he could use the money and seeing no one watching, the man put the wallet in
the pocket of his coat. Just then, the spectator approached the man and asked if he had seen a missing wallet. The man said
no and went home with the wallet.

Of what crime, if any, is the man guilty?

A) False Pretenses
B) Larceny
C) No Crime
D) Embezzlement.

[+] Spoiler

I chose A, but the answer is B. If you take someone's personal property, such as a wallet, aren't you taking title to it? How do you actually gain title to a wallet? Thanks.

I said B because he picked it up knowing he wasn't entitled to it already. He picked it up "when no one was watching." To me it says he knew it was wrong to begin with, so him lying to the spectator didn't give him title to the wallet. He had already stolen it. Thats how I read it anyway

[squiggle]

Can someone post or PM me the targeted scores for the Civ Pro sets? I have an old Barbri book, which includes the civ pro questions, but no targeted scores (it says "check online for scores").

They're all 12/18

THANKS! It seems odd that all sets have the same targets, given that the sets generally tend to get harder. Whatever, Barbri.

[KRose04]

Ugh. I did not do well on the 21 questions on NCBE's website. 13/21. I thought those were much harder than the OPE ones. I hope that's not the average difficulty on the day of the exam or I'm definitely going to walk out of there feeling defeated.

I'm doing them now and think the same thing. They're way harder than the OPE!

[jj252525]

Ugh. I did not do well on the 21 questions on NCBE's website. 13/21. I thought those were much harder than the OPE ones. I hope that's not the average difficulty on the day of the exam or I'm definitely going to walk out of there feeling defeated.

I'm doing them now and think the same thing. They're way harder than the OPE!

What the hell is a designated representative?

[KRose04]

Ugh. I did not do well on the 21 questions on NCBE's website. 13/21. I thought those were much harder than the OPE ones. I hope that's not the average difficulty on the day of the exam or I'm definitely going to walk out of there feeling defeated.

I'm doing them now and think the same thing. They're way harder than the OPE!

What the hell is a designated representative?

Lmfao I LITERALLY just did that question

[jj252525]

Ugh. I did not do well on the 21 questions on NCBE's website. 13/21. I thought those were much harder than the OPE ones. I hope that's not the average difficulty on the day of the exam or I'm definitely going to walk out of there feeling defeated.

I'm doing them now and think the same thing. They're way harder than the OPE!

What the hell is a designated representative?

Lmfao I LITERALLY just did that question

Tell me what you think of 18.

[+] Spoiler

I picked B. What am I missing in terms of why the agreement should be reduced to writing? Is it because on the contract it (the steel) was individualized and separate?