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

[nachosrgood]

Could someone share what they have on their “attack outline” for their biz judgment rule? I am noticing different wording between what I have in my lecture notes vs what is in the MEE book.

FYI, I am using a 2015 lecture notes and a 2014 MEE.
The MEE essay's outlines say: "The BJR is a presumption that a decision may not be challenged if the corporate person (Director or BoD) acted in good faith, with the care that an ordinarily prudent person would exercise in a like position, and in a manner they believe is in the best interest of the company."

The lecture notes says: "a director is not liable if they meet the BJR. Prudent people do appropriate homework, Prudent people deliberate and analyze, if you did appropriate homework, you wont be liable"

Do you with the 2016 version have this discrepancy?

[KRose04]

Are you guys reading all of the extra essays? I'm pretty much only going to 4 or 5

Yes. Wrote down all the answers for essays 1-8 for civ pro, contracts, property, trusts, and corporations, gonna study them this weekend

[KRose04]

Could someone share what they have on their “attack outline” for their biz judgment rule? I am noticing different wording between what I have in my lecture notes vs what is in the MEE book.

FYI, I am using a 2015 lecture notes and a 2014 MEE.
The MEE essay's outlines say: "The BJR is a presumption that a decision may not be challenged if the corporate person (Director or BoD) acted in good faith, with the care that an ordinarily prudent person would exercise in a like position, and in a manner they believe is in the best interest of the company."

The lecture notes says: "a director is not liable if they meet the BJR. Prudent people do appropriate homework, Prudent people deliberate and analyze, if you did appropriate homework, you wont be liable"

Do you with the 2016 version have this discrepancy?

It's a presumption but i believe it can be rebutted. It just puts the burden of proof on the guy challenging it. That's what I've gotten from the essays anyway. Also, it can't be used by an ""interested" director. Then the burden is on him to prove that he either fully disclosed and got approval, or that it was still fair to the corp

[LionelHutzJD]

Could someone share what they have on their “attack outline” for their biz judgment rule? I am noticing different wording between what I have in my lecture notes vs what is in the MEE book.

FYI, I am using a 2015 lecture notes and a 2014 MEE.
The MEE essay's outlines say: "The BJR is a presumption that a decision may not be challenged if the corporate person (Director or BoD) acted in good faith, with the care that an ordinarily prudent person would exercise in a like position, and in a manner they believe is in the best interest of the company."

The lecture notes says: "a director is not liable if they meet the BJR. Prudent people do appropriate homework, Prudent people deliberate and analyze, if you did appropriate homework, you wont be liable"

Do you with the 2016 version have this discrepancy?

That's it. But I use: Under the business judgment rule, a court will not second guess the decisions of the board of directors if it was made in good faith, on an informed and rational basis.

[arklaw13]

Anyone else think the 50 question set 7 was easier than the previous few ones? I scored quite a few points higher than usual.

[mvp99]

Could someone share what they have on their “attack outline” for their biz judgment rule? I am noticing different wording between what I have in my lecture notes vs what is in the MEE book.

FYI, I am using a 2015 lecture notes and a 2014 MEE.
The MEE essay's outlines say: "The BJR is a presumption that a decision may not be challenged if the corporate person (Director or BoD) acted in good faith, with the care that an ordinarily prudent person would exercise in a like position, and in a manner they believe is in the best interest of the company."

The lecture notes says: "a director is not liable if they meet the BJR. Prudent people do appropriate homework, Prudent people deliberate and analyze, if you did appropriate homework, you wont be liable"

Do you with the 2016 version have this discrepancy?

That's it. But I use: Under the business judgment rule, a court will not second guess the decisions of the board of directors if it was made in good faith, on an informed and rational basis.

I would add in the best interest of the corporation.

Here's my outline:
BJR applies when the decision is:
In good faith
best interest of the corp.
Not interested in the transaction
not wasteful (edit: waste could be e.g. donating 50 million to charity)
supervise and be informed of the financial condition of the corporation

These duties can be summarized but I like to keep it separate so I'm aware of the specific duties. P must meet the burden of production on one of the above to show that the director or officer breach the duty of care. If D is unable to regain BJR then they might be able to show entire fairness (entire fairness seems to apply more to interested boards or maj. S/H: http://www.gibsondunn.com/publications/ ... ctions.pdf) to avoid liability.

To meet the burden as to a breach of duty of loyalty P must only show some self-dealing. Then D must show full disclosure + ratification, if D fails to do this D might be able to prove entire fairness (process + price, price being the most important factor by far).

[mvp99]

LOVIIIINNNNG barbri's last minute "learn 10,000 new rules for secured transaction 4 days before the exam!!"

[nachosrgood]

Thanks for the replies. I think I'll incorporate them (if I can remember on test day that is:)

[SLS_AMG]

LOVIIIINNNNG barbri's last minute "learn 10,000 new rules for secured transaction 4 days before the exam!!"

Yeah. At this point, I'm just like whatever. My rationale is that if they test stuff like that, everyone is equally screwed. I literally just made up a rule for the first part of question 4. I'm sure I'll have to do that on at least a couple essays on game day. I think the key is to just not let it get to you and keep writing.

[mvp99]

LOVIIIINNNNG barbri's last minute "learn 10,000 new rules for secured transaction 4 days before the exam!!"

Yeah. At this point, I'm just like whatever. My rationale is that if they test stuff like that, everyone is equally screwed. I literally just made up a rule for the first part of question 4. I'm sure I'll have to do that on at least a couple essays on game day. I think the key is to just not let it get to you and keep writing.

If you don't feel like reading barbri's materials on sec transactions, I think this is a good substitute: http://www.flashcardmachine.com/secured ... ions6.html

[squiggle]

LOVIIIINNNNG barbri's last minute "learn 10,000 new rules for secured transaction 4 days before the exam!!"

Yeah. At this point, I'm just like whatever. My rationale is that if they test stuff like that, everyone is equally screwed. I literally just made up a rule for the first part of question 4. I'm sure I'll have to do that on at least a couple essays on game day. I think the key is to just not let it get to you and keep writing.

If you don't feel like reading barbri's materials on sec transactions, I think this is a good substitute: http://www.flashcardmachine.com/secured ... ions6.html

Or this thread: http://www.top-law-schools.com/forums/v ... 1&t=249162

Both informative and entertaining

[yodamiked]

Just finished OPE-4 with an 84%. WAAAAYYYY easier than the 21 question set. Confidence is back up to where it was pre-21 question set.

[Br3v]

Just finished OPE-4 with an 84%. WAAAAYYYY easier than the 21 question set. Confidence is back up to where it was pre-21 question set.

Good, do you mind sharing what you got on say the simulated MBE? PM me maybe?

I'm asking because I'm too cheap to buy an OPE and want to gauge myself off your performance

[yodamiked]

Just finished OPE-4 with an 84%. WAAAAYYYY easier than the 21 question set. Confidence is back up to where it was pre-21 question set.

Good, do you mind sharing what you got on say the simulated MBE? PM me maybe?

I'm asking because I'm too cheap to buy an OPE and want to gauge myself off your performance

I already posted my score on here earlier in the thread so I don't mind posting it now. I got a 152, but a lot of that felt like luck. I got a 14/21 on the MBE sample. Once I adjusted to the language difference in the actual MBE questions (which didn't take long), I found them fairly easy. Or maybe simpler is a better term for them....not as much convoluted facts and twists and turns throughout the questions.

[Br3v]

Just finished OPE-4 with an 84%. WAAAAYYYY easier than the 21 question set. Confidence is back up to where it was pre-21 question set.

Good, do you mind sharing what you got on say the simulated MBE? PM me maybe?

I'm asking because I'm too cheap to buy an OPE and want to gauge myself off your performance

I already posted my score on here earlier in the thread so I don't mind posting it now. I got a 152, but a lot of that felt like luck. I got a 14/21 on the MBE sample. Once I adjusted to the language difference in the actual MBE questions (which didn't take long), I found them fairly easy. Or maybe simpler is a better term for them....not as much convoluted facts and twists and turns throughout the questions.

Do you think it's worth me buying tomorrow?

[yodamiked]

Just finished OPE-4 with an 84%. WAAAAYYYY easier than the 21 question set. Confidence is back up to where it was pre-21 question set.

Good, do you mind sharing what you got on say the simulated MBE? PM me maybe?

I'm asking because I'm too cheap to buy an OPE and want to gauge myself off your performance

I already posted my score on here earlier in the thread so I don't mind posting it now. I got a 152, but a lot of that felt like luck. I got a 14/21 on the MBE sample. Once I adjusted to the language difference in the actual MBE questions (which didn't take long), I found them fairly easy. Or maybe simpler is a better term for them....not as much convoluted facts and twists and turns throughout the questions.

Do you think it's worth me buying tomorrow?

Hard to say. Glad I did it, because I won't be surprised at all when I walk into the actual MBE and it definitely reestablished by confidence (which I think can be helpful to have on exam day). But depending on your MBE scores so far, it might not be the most effective place to be focusing on. Overall, I'm glad I did it, but I'll definitely have to bust my butt a bit tomorrow on the essays to make up for lost time.

[Br3v]

Just finished OPE-4 with an 84%. WAAAAYYYY easier than the 21 question set. Confidence is back up to where it was pre-21 question set.

Good, do you mind sharing what you got on say the simulated MBE? PM me maybe?

I'm asking because I'm too cheap to buy an OPE and want to gauge myself off your performance

I already posted my score on here earlier in the thread so I don't mind posting it now. I got a 152, but a lot of that felt like luck. I got a 14/21 on the MBE sample. Once I adjusted to the language difference in the actual MBE questions (which didn't take long), I found them fairly easy. Or maybe simpler is a better term for them....not as much convoluted facts and twists and turns throughout the questions.

Do you think it's worth me buying tomorrow?

Hard to say. Glad I did it, because I won't be surprised at all when I walk into the actual MBE and it definitely reestablished by confidence (which I think can be helpful to have on exam day). But depending on your MBE scores so far, it might not be the most effective place to be focusing on. Overall, I'm glad I did it, but I'll definitely have to bust my butt a bit tomorrow on the essays to make up for lost time.

Eh, my scores are lower than yours. Maybe I should.

[SLS_AMG]

Just finished OPE-4 with an 84%. WAAAAYYYY easier than the 21 question set. Confidence is back up to where it was pre-21 question set.

Good, do you mind sharing what you got on say the simulated MBE? PM me maybe?

I'm asking because I'm too cheap to buy an OPE and want to gauge myself off your performance

I already posted my score on here earlier in the thread so I don't mind posting it now. I got a 152, but a lot of that felt like luck. I got a 14/21 on the MBE sample. Once I adjusted to the language difference in the actual MBE questions (which didn't take long), I found them fairly easy. Or maybe simpler is a better term for them....not as much convoluted facts and twists and turns throughout the questions.

I can't speak for others, but I had gone through OPE-3 before doing the 21 set and still thought the sample was wayyyy more difficult than the OPE. I got 80+ right on OPE-3 and got wrecked on the 21. I don't think it was language. It was just flat-out difficult. Hoping the real thing is more like the OPEs.

[yodamiked]

Just finished OPE-4 with an 84%. WAAAAYYYY easier than the 21 question set. Confidence is back up to where it was pre-21 question set.

Good, do you mind sharing what you got on say the simulated MBE? PM me maybe?

I'm asking because I'm too cheap to buy an OPE and want to gauge myself off your performance

I already posted my score on here earlier in the thread so I don't mind posting it now. I got a 152, but a lot of that felt like luck. I got a 14/21 on the MBE sample. Once I adjusted to the language difference in the actual MBE questions (which didn't take long), I found them fairly easy. Or maybe simpler is a better term for them....not as much convoluted facts and twists and turns throughout the questions.

I can't speak for others, but I had gone through OPE-3 before doing the 21 set and still thought the sample was wayyyy more difficult than the OPE. I got 80+ right on OPE-3 and got wrecked on the 21. I don't think it was language. It was just flat-out difficult. Hoping the real thing is more like the OPEs.

Yeah, I agree, the 21 set wasn't representative. What I meant to say was that I thought the OPE set was helpful to adjust to the language difference. I realized I was automatically looking for language cues when doing barbri questions, that aren't present in the OPE questions. Overall I'm glad I did one, at least so I'm more comfortable with the structure of the questions come test day.

Now if I could stop worrying about the MPT and the essays. I swear, if one of the MPTs is a closing argument, I'm going to lose it.

[ballouttacontrol]

If I chuck a baseball intending for it to whiz by someone's head, but I accidentally strike them in the face, am I liable for battery?

I believe the answer is no but just making sure

[SLS_AMG]

Yeah, I definitely appreciate the succinctness of the examiners. BarBri has become so annoying with its wordiness. The contract and property questions in set 6 were like independent novels.

[SLS_AMG]

If I chuck a baseball intending for it to whiz by someone's head, but I accidentally strike them in the face, am I liable for battery?

I believe the answer is no but just making sure

Yeah. Transferred intent. You intended to commit an assault and it turned into a battery. (Assuming you intended to cause reasonable apprehension of an immediate battery). Right?

[ballouttacontrol]

If I chuck a baseball intending for it to whiz by someone's head, but I accidentally strike them in the face, am I liable for battery?

I believe the answer is no but just making sure

Yeah. Transferred intent. You intended to commit an assault and it turned into a battery. (Assuming you intended to cause reasonable apprehension of an immediate battery). Right?

Right, my hypo wasn't very detailedbut, but yea transferred intent if the thrower meant an assault that's def gonna be battery thru transferred intent

But if I just for fun chuck a baseball near the guy's head but intending for it to miss, he doesn't see it coming, and then just gets blasted in the side of the head, no battery right, just a neg claim?

[SLS_AMG]

If you didn't intend for him to apprehend it, then yeah, that should be right.

[ballouttacontrol]

If you didn't intend for him to apprehend it, then yeah, that should be right.

Kk thx