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

[mvp99]

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.

I'm dedicaing two hours today to memorize mpt formats.. I dont even know how to write a proper memo

[apricot]

Where can I find good examples of MPT format/layout? I was told they would always instruct you in the exam on the layout they want (and exactly how it should look, testing your ability to follow instruction), but all the practice tests I've done just state memo/etc without further detail. Thank you!

[mvp99]

Where can I find good examples of MPT format/layout? I was told they would always instruct you in the exam on the layout they want (and exactly how it should look, testing your ability to follow instruction), but all the practice tests I've done just state memo/etc without further detail. Thank you!

not what you're looking for but here's a thread discussing their frequency
http://top-law-schools.com/forums/viewt ... &p=8937373

[LionelHutzJD]

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?

If you chuck a baseball near someone's head without intending to hit him, but intending it to whiz by his head, it may still be battery if the P can show that you knew with substantial certainty that it would hit him.

It may also be assault.

It can be either one of these two if you miss the first person but cause the same harm to a second person. Was the first person not looking and a second person looking as it whizzes by? (Transferred assault)

[SLS_AMG]

But transferred intent can be either (a) intending a tort against one person and actually causing it against another person, (b) intending Tort A against a person but instead committing Tort B against the same person, or even (c) intending Tort A against person A but instead committing tort B against person B.

Why would the person in the above scenario be substantially certain the ball would strike the person? the facts don't suggest that to me.

[LionelHutzJD]

Has anyone done any part of the Full day exam? I'm below 50% through the first 20 questions.

[Br3v]

In the event people want to have an estimate of where they stand, I was 12/21 on the free sample test and just did OPE-4. I performed significantly above that 12/21 ratio, and even a little above my Barbri practice test averages (Simulated MBE and 50 question sets).

Can someone tell me how I should interpret my OPE-4 score though? I doubled my raw score (it was a 100 question test) and it was not the x/200 score that NCBE provided. This made me think that maybe the x/200 score was scaled, but if you double by raw score it was only 4 points less than the x/200 score. Does that mean I only got a "bonus" 4 points from scaling? I thought you got 15 or so typically.

Another way to ask this is whether that x/200 score NCBE provides is a scaled or raw score? (I assume it could potentially be raw, and off by doubled raw score because the number they provide is based on the blue score "ranges" not the actual score).

[SLS_AMG]

I believe the typical 12-15 point scale is if you're at or near the median score. I think the scale is higher as you get lower and lower as you get higher.

Someone will have to verify that though.

[Br3v]

I believe the typical 12-15 point scale is if you're at or near the median score. I think the scale is higher as you get lower and lower as you get higher.

Someone will have to verify that though.

This makes sense, but I didn't think I was near close enough to the higher end of the spectrum to only have a 4 point bump.

[arklaw13]

I believe the typical 12-15 point scale is if you're at or near the median score. I think the scale is higher as you get lower and lower as you get higher.

Someone will have to verify that though.

This makes sense, but I didn't think I was near close enough to the higher end of the spectrum to only have a 4 point bump.

http://admissions.calbar.ca.gov/portals ... l_info.pdf

This shows the scaling. May not be perfectly accurate from year to year, but it's close enough.

[Br3v]

I believe the typical 12-15 point scale is if you're at or near the median score. I think the scale is higher as you get lower and lower as you get higher.

Someone will have to verify that though.

This makes sense, but I didn't think I was near close enough to the higher end of the spectrum to only have a 4 point bump.

http://admissions.calbar.ca.gov/portals ... l_info.pdf

This shows the scaling. May not be perfectly accurate from year to year, but it's close enough.

Hmm, even a 190 here (the highest score possible) gets a 199.7 scaled. A "bonus" of 9.7 points

[yodamiked]

I believe the typical 12-15 point scale is if you're at or near the median score. I think the scale is higher as you get lower and lower as you get higher.

Someone will have to verify that though.

This makes sense, but I didn't think I was near close enough to the higher end of the spectrum to only have a 4 point bump.

http://admissions.calbar.ca.gov/portals ... l_info.pdf

This shows the scaling. May not be perfectly accurate from year to year, but it's close enough.

Hmm, even a 190 here (the highest score possible) gets a 199.7 scaled. A "bonus" of 9.7 points

I was curious about this too. I got 84/100, but the score on reported score is 173. I'm assuming that's what the scale was for the year the questions were taken from (2013 I believe).

[Br3v]

I believe the typical 12-15 point scale is if you're at or near the median score. I think the scale is higher as you get lower and lower as you get higher.

Someone will have to verify that though.

This makes sense, but I didn't think I was near close enough to the higher end of the spectrum to only have a 4 point bump.

http://admissions.calbar.ca.gov/portals ... l_info.pdf

This shows the scaling. May not be perfectly accurate from year to year, but it's close enough.

Hmm, even a 190 here (the highest score possible) gets a 199.7 scaled. A "bonus" of 9.7 points

I was curious about this too. I got 84/100, but the score on reported score is 173. I'm assuming that's what the scale was for the year the questions were taken from (2013 I believe).

I just changed my wrong answers to "correct" to see what would happen, and even with 100/100 the scaled score is like 197, so I think the answer is the scaled score is calculated using those blue "ranges" thus your scaled score is within a 5-10 point range

[ellewoods123]

Anyone else hoping efficient bar prep predictions are wrong?? I'd rather have any other mbe subject any day besides property and contracts

[Br3v]

I'm not really putting any weight at all into that website, unless someone can show me data about how close they have been in the past. I skimmed their post and saw they said something about a "gut feeling" so I just chalked it up as not helpful.

[arklaw13]

Anyone else hoping efficient bar prep predictions are wrong?? I'd rather have any other mbe subject any day besides property and contracts

I'm hoping against property. Fine with the MEE topics. I don't know any of them anyway, so it doesn't matter which ones they pick. I guess family law is ok because I can just start making up factors that judges use in deciding shit and hope some of them are right.

[SLS_AMG]

I'm not really putting any weight at all into that website, unless someone can show me data about how close they have been in the past. I skimmed their post and saw they said something about a "gut feeling" so I just chalked it up as not helpful.

I think they've made two predictions before and were 5/6 on both.

I wouldn't mind secured transactions if it's something we covered in our lecture, but given how every essay has introduced some new rule that was critical and never even mentioned, I'm guessing an ST essay would be a doozie.

[generaltoast]

I'm not really putting any weight at all into that website, unless someone can show me data about how close they have been in the past. I skimmed their post and saw they said something about a "gut feeling" so I just chalked it up as not helpful.

I think they've made two predictions before and were 5/6 on both.

I wouldn't mind secured transactions if it's something we covered in our lecture, but given how every essay has introduced some new rule that was critical and never even mentioned, I'm guessing an ST essay would be a doozie.

Same, I haven't even cracked the CMR on secured transactions. Just looked through the lecture notes a couple times. Praying that will be enough for me to BS an answer if it shows its face on the MEE.

[mvp99]

Could someone sum up what we should know about the FHA?

[grixxlybear99]

Has anyone done any part of the Full day exam? I'm below 50% through the first 20 questions.

Yea I got a 127/200. I found it very difficult and some of the answers still don't make sense to me.

[mrscooter1]

Refresher Q 30

[+] Spoiler

this is the question having to do with the nephew obtaining land from his aunt through duress, and then selling it to Buyer.

Wouldn't buyer become a holder in due course, and thus subject to all real defenses such as duress? Or am I mixing up a holder in due course with a Bona Fide Purchaser, who is not subject to defenses such as duress...

[ballouttacontrol]

So, Contacts Set 6, Q1, with the kid getting a bicycle, versus the question on the MBE 200 question practice test with the company that would make a donation on behalf of an employee, he selected a church, and then changed it.

[+] Spoiler

WTFFFF????? These cases seem like EXACTLY the same situation with gratuitous 3rd party beneficiaries, informed of a coming benefit, takes detrimental reliance. But in the church question they are allowed to recover, but in the kid bicycle question he is not. WHY???????

I am extremely annoyed with this and I can't see any difference in these two cases.

Can anyone shed some light?

[LionelHutzJD]

Has anyone done any part of the Full day exam? I'm below 50% through the first 20 questions.

Yea I got a 127/200. I found it very difficult and some of the answers still don't make sense to me.

I stopped after 50 questions. dont need that shit this close to the exam.

[lawstoodent]

So, Contacts Set 6, Q1, with the kid getting a bicycle, versus the question on the MBE 200 question practice test with the company that would make a donation on behalf of an employee, he selected a church, and then changed it.

[+] Spoiler

WTFFFF????? These cases seem like EXACTLY the same situation with gratuitous 3rd party beneficiaries, informed of a coming benefit, takes detrimental reliance. But in the church question they are allowed to recover, but in the kid bicycle question he is not. WHY???????

I am extremely annoyed with this and I can't see any difference in these two cases.

Can anyone shed some light?

[+] Spoiler

Not sure what sim MBE Q you're talking about, but i believe Contracts set 6, Q1 results in that way because a donee TPB cannot sue a promisee on the promise. A creditor TPB can. Proprietor is the promisor b/c he's making the promise to deliver the bike. Customer is the promisee, b/c he receives the promise. EDIT: Sorry -- a donee TPB cannot sue the promisee unless they rely on the promisee can reasonably foresee reliance. Customer-promisee had no reason to forsee reliance by nephew b/c he didn't tell him about it.

[lawstoodent]

On the actual MBE, regarding common law Ks, should we be using the "modern law," i.e., modification can be made without consideration if there are unanticipated circumstances that make it fair and equitable to do so, or the "general contract law," , i.e., only valid with consideration. In the CMR, it says only to use the modern view on the MBE, but

[+] Spoiler

Contracts Set 6, Q7 seems to indicate otherwise. It seems to go back and forth because i recall in earlier MPQ sets "fair and equitable was the answer choice.