BarBri Bar Review Hangout - July 2015 Exam Forum

[Tiago Splitter]

You know guys I'd appreciate it if you'd just let me assume I missed some at the end because I wasn't trying hard enough

[Good Guy Gaud]

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.

Appreciate the input. I saw it was briefly discussed earlier in the thread. I ordered it this morning so I'm hoping to have it early next week. Anything that can boost my self-esteem is worth the money at this point..

[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.

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?

This is fantastic, thank you! I definitely need to remember quickly where the Declarant must be unavailable.

[mamalova]

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?

I think that previous identification is not an exception to hearsay. It's simply not hearsay at all, just like prior inconsistent statement or prior consistent statement to rehabilitate a witness.

It matters because sometimes they ask whether the statement is not hearsay or an exception to hearsay!

cheers

[Good Guy Gaud]

70% on MBE Set 2.

Sure it's above their goals but 35/50 feels shitty.

[jamescastle]

Finally: A day I completed my whole assigned PSP for the day!

[3|ink]

76% on mixed set 4!

[Good Guy Gaud]

76% on mixed set 4!

Oh snap. That's pretty damn good, man.

[Kage3212]

Thoughts on difficulties of sets? We havent even had our midterm yet so I am wondering if I should start plowing through those mixed sets yet...

[Good Guy Gaud]

Thoughts on difficulties of sets? We havent even had our midterm yet so I am wondering if I should start plowing through those mixed sets yet...

I thoughts Set 2 was pretty tough (70%) but I am still having trouble with timing (I go way too damn fast) so after a review I saw a handful of careless errors.

[xChiTowNx]

Just to check, the emmanuels book people mention is called "Strategies and Tactics for the MBE"?

[castlekm1]

Hey guys, maybe it's me but its already been over a week and I have yet to receive my simulated MBE scores from the scantron i submitted to the testing center. did anyone else encounter any problems receiving their scores? ive checked under the progress tab and the psp tab and nothing.

I know you can plug them in online but i figured id wait to get them back since there were one or two i wasn't sure if i marked properly. what do you guys recommend?

i have an idea of what i got but i just want to know where i fell amongst other barbri takers.

[LawGuy321]

Is anyone using Chromecast for their lectures? I just got one and wondering the best way to use it to our advantage --- you guys just casting the tab to the TV and then opening up Word Doc?

I have been using HDMI cord and then doing screen extend, which is nice...Is there anyway to use Chromecast essentially as a screen extension (as opposed to screen mirror)-- so then my mouse can go back and forth between TV and laptop?

Thanks, folks!

[victortsoi]

So at this point in the exam prep, can we reassure ourselves that there are countless people who only start studying now and pass? Need some bargasm meds.

[BarbriSlave]

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?

I think the forecast can also be reasonable based on the time of the breach, not just at the time of execution of the contract. Since it's not clear what the new coach was paid it could be a reasonable forecast still, so its enforceable.

[mushybrain]

Is anyone using Chromecast for their lectures? I just got one and wondering the best way to use it to our advantage --- you guys just casting the tab to the TV and then opening up Word Doc?

I have been using HDMI cord and then doing screen extend, which is nice...Is there anyway to use Chromecast essentially as a screen extension (as opposed to screen mirror)-- so then my mouse can go back and forth between TV and laptop?

Thanks, folks!

I tried tab casting the videos but it didn't work out. The audio and video didn't match up in any streaming quality. I didn't try very hard to fix it because I didn't really need to see a barbri lecturer at like 10' tall on my projector wall anyway, lol

[Themaddh]

New York people, how are you learning the different crimes for the NY portion?

I have no idea how I am going to learn the differences between Third and Second Degree arson etc. and wanted to see if anyone knew of a good approach.

Thanks.

[xChiTowNx]

slightly shamless, will delete if against forum rules, but here's $5 off critical pass flashcards.

Just thought I'd share since i spent 30 mins trying to find either a coupon code or get free shipping for critical pass.

http://criticalpass.refr.cc/6WGQ923

[old_soul]

Just did Mixed Set #2. 36/50. It felt brutal, I narrowed down some qs to two choices, and really lucked out on those guesses.

Any advice on how to improve on Civ Pro? I missed 5 qs in this area alone!

[musicfor18]

New York people, how are you learning the different crimes for the NY portion?

I have no idea how I am going to learn the differences between Third and Second Degree arson etc. and wanted to see if anyone knew of a good approach.

Thanks.

The lecturer suggested memorizing one degree in the middle and then guessing at the other degrees based on things like whether a weapon was used, whether there serious physical harm, etc. Honestly, I don't know how I'm going to memorize much of the state subjects at all.

[Good Guy Gaud]

Just to check, the emmanuels book people mention is called "Strategies and Tactics for the MBE"?

Yup

[Outis Onoma]

So, apparently I did the Full Day MBE instead of the simulated MBE. Freaked me out when I inputted the wrong answers into the PSP and it said I got 26% right. In actuality, I got 74% right (148/200). It would still be nice to know what my real ranking would be... (mean for the full day exam is 123/200).

edit: Does anyone know how they compute the scaled score? I heard they add 20 points?

[Kage3212]

So, apparently I did the Full Day MBE instead of the simulated MBE. Freaked me out when I inputted the wrong answers into the PSP and it said I got 26% right. In actuality, I got 74% right (148/200). It would still be nice to know what my real ranking would be... (mean for the full day exam is 123/200).

edit: Does anyone know how they compute the scaled score? I heard they add 20 points?

http://one-timers.com/wp-content/upload ... -Chart.pdf

I cant verify the accuracy of that thing but it looks pretty close. I dont believe there is an "automatic addition of points." Instead, the points they add to your score is based on what your raw score is. This is how one of our essay lecturers in PA explained it. Lower raw scores get more points added, while higher raw scores get less points added.

Despite that, based on that chart, you are in fantastic shape. Good work!

[Themaddh]

New York people, how are you learning the different crimes for the NY portion?

I have no idea how I am going to learn the differences between Third and Second Degree arson etc. and wanted to see if anyone knew of a good approach.

Thanks.

The lecturer suggested memorizing one degree in the middle and then guessing at the other degrees based on things like whether a weapon was used, whether there serious physical harm, etc. Honestly, I don't know how I'm going to memorize much of the state subjects at all.

I really liked that lecturer but I'm not sure that his "add a weapon, add a degree" rule of thumb would always work. Did you see the insane chart for remembering the different homicide charges?

[BVest]

edit: Does anyone know how they compute the scaled score? I heard they add 20 points?

http://one-timers.com/wp-content/upload ... -Chart.pdf

I cant verify the accuracy of that thing but it looks pretty close. I dont believe there is an "automatic addition of points." Instead, the points they add to your score is based on what your raw score is. This is how one of our essay lecturers in PA explained it. Lower raw scores get more points added, while higher raw scores get less points added.

Thanks for that chart. I was going to respond, "it's more complicated than that (not linear), but adding 15 is a good average," but I'm glad to finally see it laid out for an exam. Of course, like the LSAT each exam will have its own scale based on overall student performance on that particular exam... but they should all be pretty close to this.