BarBri Bar Review Hangout - July 2015 Exam Forum

[Danger Zone]

Awesome! My SO is coming along too. She's a teacher so we both have the whole month off. So Cal, friend of mine is having a three day wedding and then we are gonna go off exploring for a few more days.

When are you going to go? LG and I may fly up there for a weekend if it's good timing? That way I can kidnap Pleasye and the other Cal poasters too.

Wedding is from Jul 31 to Aug 2 and we fly back the 5th. What're your plans? I'd be down to meet some of the BEST COAST poasters

[Good Guy Gaud]

Ah, I'll probably be back at work by then. Let's just play it by ear. I'm only like 5 hours of driving away of 45 minutes of flying

[victortsoi]

FYI, if you go to the Enrolled Student Center and click on Practice Questions, Barbri has a set of "release questions." There's a disclaimer that, although these are real MBE questions, they're old and aren't as representative of the current MBE style and format as Barbri's questions. Are these the same questions as found on Adaptibar and in Emanuels? If so, does this mean we're getting a false sense of security from our better performance on Adaptibar's questions?

damn, would like someone else's input on this. Although I have heard from older students that barbri is much harder than the real thing. Whether that means adaptibar is more accurate, I don't know...

[laxstar1]

Does anyone know what we're supposed to be scoring on this Mixed Subject set we had assigned today? Are we supposed to get comparative feedback like with the other MPQs (either comparing us to other Barbri takers or based on past takers' average score)?

[Good Guy Gaud]

Does anyone know what we're supposed to be scoring on this Mixed Subject set we had assigned today? Are we supposed to get comparative feedback like with the other MPQs (either comparing us to other Barbri takers or based on past takers' average score)?

Is that the set of 50 Qs? (ours isn't assigned until Tuesday) so if you find out I'd also like to know

[HLBE689]

Does anyone know what we're supposed to be scoring on this Mixed Subject set we had assigned today? Are we supposed to get comparative feedback like with the other MPQs (either comparing us to other Barbri takers or based on past takers' average score)?

Is that the set of 50 Qs? (ours isn't assigned until Tuesday) so if you find out I'd also like to know

The question set goals are listed in a document on the enrolled student section under "practice questions" -

Mixed Subject Question Sets (50 questions each)
Set 1 – 31 correct (62%)
Set 2 – 33 correct (66%)
Set 3 – 33 correct (66%)
Set 4 – 34 correct (68%)
Set 5 – 34 correct (68%)
Set 6 – 34 correct (68%)
Set 7 – 34 correct (68%)

[kykiske]

So, if we got a 130/190 (68%) on the actual MBE, we're in passing range for the bar?

[Tiago Splitter]

So, if we got a 130/190 (68%) on the actual MBE, we're in passing range for the bar?

Depends on a lot of other factors. But yes that's a solid score anywhere.

[mushybrain]

FYI, if you go to the Enrolled Student Center and click on Practice Questions, Barbri has a set of "release questions." There's a disclaimer that, although these are real MBE questions, they're old and aren't as representative of the current MBE style and format as Barbri's questions. Are these the same questions as found on Adaptibar and in Emanuels? If so, does this mean we're getting a false sense of security from our better performance on Adaptibar's questions?

damn, would like someone else's input on this. Although I have heard from older students that barbri is much harder than the real thing. Whether that means adaptibar is more accurate, I don't know...

I'm curious about this too. I just started going through Emanuels and it says that some of the questions are as recent as 2010, but I didn't see anything about how the questions compare over time or how many are much older.

Anyway, here's to hoping they're like Emanuels, because they are making me feel MUCH better. I started with Con Law and it is SO much more straightforward than BarBri.

[Good Guy Gaud]

Are you talking about the Emanuel's MBE prep book? If so, how is it? Worth picking up?

[old_soul]

Does anyone know what we're supposed to be scoring on this Mixed Subject set we had assigned today? Are we supposed to get comparative feedback like with the other MPQs (either comparing us to other Barbri takers or based on past takers' average score)?

Is that the set of 50 Qs? (ours isn't assigned until Tuesday) so if you find out I'd also like to know

The question set goals are listed in a document on the enrolled student section under "practice questions" -

Mixed Subject Question Sets (50 questions each)
Set 1 – 31 correct (62%)
Set 2 – 33 correct (66%)
Set 3 – 33 correct (66%)
Set 4 – 34 correct (68%)
Set 5 – 34 correct (68%)
Set 6 – 34 correct (68%)
Set 7 – 34 correct (68%)

Set 1 - Made a 27/50. I think I rushed through some qs, I ended up with 8 extra mins to go.

[charlesxavier]

Did anyone find Mixed Subject Set 1 to be really easy for the first 25 and much harder for the second 25?

1-25: 23/25
26-50: 12/25

I don't think it was fatigue but things went downhill fast. Maybe they just focused on narrow rules/exceptions because I definitely felt myself saying "I don't know..." a lot more down the stretch.

[Tiago Splitter]

Did anyone find Mixed Subject Set 1 to be really easy for the first 25 and much harder for the second 25?

1-25: 23/25
26-50: 12/25

I don't think it was fatigue but things went downhill fast. Maybe they just focused on narrow rules/exceptions because I definitely felt myself saying "I don't know..." a lot more down the stretch.

I missed 5 of the last 8 but I think that was fatigue and just really wanting to get to the end.

[charlesxavier]

Anyone have guidance on liquidated damage clauses?

I know the requirements are (i) difficulty estimating damages at the time of the contract and (ii) a reasonable forecast.

However, question 40 on Mixed Set 1 is giving me trouble. The "penalty" is $200/week that he doesn't coach, but the owner stated that it would only cost him several hundred dollars to replace him during the season? Or am I to assume that he means several hundred per week?

[old_soul]

For anyone who has a good handle on Evidence/Hearsay -- can you please explain the process you take to get to an answer that is "Hearsay, not within any exception"? -- sorry if it sounds too obvious.

[LawGuy321]

Does anyone know what we're supposed to be scoring on this Mixed Subject set we had assigned today? Are we supposed to get comparative feedback like with the other MPQs (either comparing us to other Barbri takers or based on past takers' average score)?

Is that the set of 50 Qs? (ours isn't assigned until Tuesday) so if you find out I'd also like to know

The question set goals are listed in a document on the enrolled student section under "practice questions" -

Mixed Subject Question Sets (50 questions each)
Set 1 – 31 correct (62%)
Set 2 – 33 correct (66%)
Set 3 – 33 correct (66%)
Set 4 – 34 correct (68%)
Set 5 – 34 correct (68%)
Set 6 – 34 correct (68%)
Set 7 – 34 correct (68%)

Goals are also in the MPQ book. QUESTION: Is this the 50th percentile on previous year's scores? 67th percentile?

[Kage3212]

For anyone who has a good handle on Evidence/Hearsay -- can you please explain the process you take to get to an answer that is "Hearsay, not within any exception"? -- sorry if it sounds too obvious.

You are probably going to mention one of the exceptions that comes closest (or two maybe) and explain why the elements are not met. Going through every exception for one component of a question obviously is not feasible. "The two closest hearsay exception that apply to the facts are those of X and Z....X requires....z requires..."

[Hutz_and_Goodman]

Did anyone find Mixed Subject Set 1 to be really easy for the first 25 and much harder for the second 25?

1-25: 23/25
26-50: 12/25

I don't think it was fatigue but things went downhill fast. Maybe they just focused on narrow rules/exceptions because I definitely felt myself saying "I don't know..." a lot more down the stretch.

I missed 5 of the last 8 but I think that was fatigue and just really wanting to get to the end.

I got 70% on the first 40 questions (28/40), and then 3/10 at the end. It wasn't because of fatigue for me or wanting to be done, there were a bunch of questions where I didnt know the answer.

[charlesxavier]

Did anyone find Mixed Subject Set 1 to be really easy for the first 25 and much harder for the second 25?

1-25: 23/25
26-50: 12/25

I don't think it was fatigue but things went downhill fast. Maybe they just focused on narrow rules/exceptions because I definitely felt myself saying "I don't know..." a lot more down the stretch.

I missed 5 of the last 8 but I think that was fatigue and just really wanting to get to the end.

I got 70% on the first 40 questions (28/40), and then 3/10 at the end. It wasn't because of fatigue for me or wanting to be done, there were a bunch of questions where I didnt know the answer.

Yup, I just went through the answers and there were a bunch of minor distinctions that I had forgotten, but there were a few that I know weren't in the lecture material. At least I learned them now.

[charlesxavier]

For anyone who has a good handle on Evidence/Hearsay -- can you please explain the process you take to get to an answer that is "Hearsay, not within any exception"? -- sorry if it sounds too obvious.

If you're referring to the MBE questions....

I typically narrow down the choices and if I'm torn between Hearsay and another choice then I go through a mental checklist.

First, is it being admitted for the truth of the matter asserted? (Just to make sure it's even hearsay)
Next, who is the declarant? (If party-opponent then I know it's going to come in, etc.)
Then, Is the declarant available or unavailable? (That way I can focus on only the hearsay exceptions that apply to one or the other)

[LawGuy321]

For anyone who has a good handle on Evidence/Hearsay -- can you please explain the process you take to get to an answer that is "Hearsay, not within any exception"? -- sorry if it sounds too obvious.

Here's what I do:
~First, is it being offered to prove something other than the truth of the matter asserted. If it's trying to prove notice or ownership or something -- not hearsay at all.
~If it's offered for its truth "Suzie ran the red light" -- it's hearsay (probably...tricky to know what's "HS with an exception" and "admissible nonhearsay"...I don't think this has really come up on the sets yet or me--just know the distinctions).
~Next ask: statement of a party opponent? If so, see it applies. If not, keep going.
~Now, ask, "Is the declarant unavailable?" If so--then go to "must be unavailable" hearsay exceptions. If the declarant IS available, none of those apply...keep looking!
~If you've gotten this far you definitely have hearsay, but an exception COULD apply. Run through all the exceptions where the declarant is available (previous identification? Excited utterance? Present state? etc.).. If none of those apply, it's HS without an exception!

Here's another trick: USUALLY, when the answer is "hearsay without an exception," they'll give you some facts which might trick people into thinking it falls into one of the exceptions. Once you know the rules well, you can usually spot the trick immediately, and then it's far more likely to be "without an exception." For example if June the declarant said, "I'm dying! Johnny did it!" they're really asking about the Dying Declaration. But if you know that to use DD the declarant must be unavailable, and that June the declarant is sitting in the courtroom today -- the answer is likely "HS without an exception." If June wants to testify against Johnny, bring her to the stand -- she's here!

All these steps I gave can be done really quickly once you know the rules: "Truth? yes. Party Opponent/admision? no. Unavailable? no. HS exception applies? Description of pain...yes! Admissible!"

Does that help?

[rhs100]

For anyone who has a good handle on Evidence/Hearsay -- can you please explain the process you take to get to an answer that is "Hearsay, not within any exception"? -- sorry if it sounds too obvious.

If you're referring to the MBE questions....

I typically narrow down the choices and if I'm torn between Hearsay and another choice then I go through a mental checklist.

First, is it being admitted for the truth of the matter asserted? (Just to make sure it's even hearsay)
Next, who is the declarant? (If party-opponent then I know it's going to come in, etc.)
Then, Is the declarant available or unavailable? (That way I can focus on only the hearsay exceptions that apply to one or the other)

Also if the exceptions are listed as answer choices, then I see if any apply. But that's probably too obvious

[rhs100]

Did anyone find Mixed Subject Set 1 to be really easy for the first 25 and much harder for the second 25?

1-25: 23/25
26-50: 12/25

I don't think it was fatigue but things went downhill fast. Maybe they just focused on narrow rules/exceptions because I definitely felt myself saying "I don't know..." a lot more down the stretch.

I missed 5 of the last 8 but I think that was fatigue and just really wanting to get to the end.

I got 70% on the first 40 questions (28/40), and then 3/10 at the end. It wasn't because of fatigue for me or wanting to be done, there were a bunch of questions where I didnt know the answer.

almost same here, 27/40 then 4/10.

[rhs100]

So I just got my Emanuel's book today and feeling a bit overwhelmed - with 3 weeks left and so many tasks on the PSP, especially for NY specific subjects, what is the best way to utilize Emanuel's? What aspects did any of you find more useful than others?

[mushybrain]

Are you talking about the Emanuel's MBE prep book? If so, how is it? Worth picking up?

I only just started with it yesterday, but I like it. I think it is better for the real MBE practice questions than it is for the strategies and tactics part, although I did find the general intro somewhat helpful in teaching me a bit more about how to attack questions. I think I do a better job of picking between two possible choices now when I'm not sure. I've only been through Con Law so far but it doesn't seem super handy for the subject-specific advice, but more just a quick review of the topics. It does make some helpful points but I wouldn't buy it for that.

And frankly it's a huge boost to my self-esteem right now, lol.