Themis Bar Review Hangout - July 2016 Forum

[Chardee_MacDennis]

Anyone having problems with the essays? It seems like I can't remember the rules at all when doing them. I score between 60-70 on MBE questions usually, but I can't seem to do well on essays. Although I do t do this on graded essays, for regular, non graded ones, I usually am forced to look in the outlook book. We are a month away from exams and it is extremely disappointing to be doing this poorly on the essay questions. Anyone have any advise?

This is me. I'm doing well on MBE's but I can't write the rules from scratch. I know the rules but when I have to write it, I just miss it.

I'm using a flash card type system so I can memorize them. Memorizing the law cold isn't something I did in law school, so it's going to be a different experience.

Same with me. Most of my exams in law school were open book exams. Moreover, on essay exams, it was usually a discrete subject, not 3-4 wrapped into one out of a possible 19. For Florida, the bar examiners can choose from 19 subjects. Some of the subjects, like family, have over 10 facts to consider. That's fine. I can learn 10 factors. But 10 factors in family law, the hundreds of different factors in torts and criminal law, the intricacies of Trusts, among the many other things makes it very difficult. That + it is all mixed up. I could have a Family law question with a Dependency + Juvenile question wrapped up, topped off with Ethics. It is just so overwhelming.

Yes, exactly. And I find the essay grader's feedback to be totally unhelpful "this is confusing, read the sample answer" "you should have expanded more, read the sample answer" and then the grade is so low. But they don't give us a scored sample answer, so it doesn't help me personally if I don't know what I'm comparing my answer against.

Yeah. Out of curiosity, I wonder if someone would copy the sample answer verbatim, would that be enough to get the maximum number of points. Also, my essay grader does this, "You got the concept down, but you haven't shown mastery of the rules. You need to memorize it." My retort would be, "You try memorizing 19 possible subjects, show mastery, all in a 2 month period, with most of the subjects being completely new."

The past few practice/graded essays I've done, I've checked the character limit for the model answer (IL has a 4600 character limit) and all have been SOLIDLY over. I don't think these model answers are realistic in a sense that you'd actually be able to write all that info, but I'm sure they'd find something wrong.

[Nebby]

Mixed Set 9 (100)

[+] Spoiler

A state law provided that before an abortion may be performed a woman must (a) have a consultation with a physician, who should try to persuade the woman to have her baby, and (b) wait another 24 hours before seeking an abortion. A woman in the middle of her first trimester of pregnancy challenges the constitutionality of the law.

Would a court be likely to strike down this law?
ANo, because the state has a rational basis for requiring the consultation and 24-hour waiting period.
BNo, because the state’s purpose is not to hinder women’s right to choose abortion, but merely to persuade women to choose birth and to ensure that their decisions are deliberate.
CYes, because the law violates the woman’s liberty interest in abortion protected by the Fourteenth Amendment.
DYes, because a state’s power to regulate abortions does not include the power to impose waiting periods.

This one is dumb. I worked at an org that challenges anti-abortion laws and lower circuits have all held that the state cannot compel a doctor to persuade a woman from having the abortion. States can compel doctors to give women pamphlets with information on them, but they cannot compel speech as it abridges the Doctor's 1st amendment rights.

I knew I should have just chosen B since the answer's didn't make reference to the doctor's first amendment rights, but it's still!

[Vantwins]

Can someone tell me if it's okay to skip the MBE and essay workshop videos?

They seem repetitive and they don't seem to add much (I've only done about 1 or 2 though).

I'm pretty behind on schedule

the MBE lectures are definitely not useful, but you may as well do the practice MBE questions in the handout. the essay workshop lecture handout i've found to be useful; the lecture videos itself not so much.

I multitask while listening to the MBE lectures - I am either folding laundry or I watch the while on the treadmill. I don't feel the need to actively engage with a handout for them.

[Easy-E]

Having some trouble getting my head around the analysis for determining liability in an agency relationship. So let's say there is no authority for the agents actions,

[+] Spoiler

like in the hot air balloon practice essay

. Why do you even need to do the whole disclosed principle analysis? The agent didn't act with any authority. If the principle had been disclosed, we probably would have had apparent authority. Can a principle who's agent acted without authority still be bound to a contract if the principle was partially disclosed?

I'm probably making this too complicated. The analysis just isn't clicking for me.

[mu13ski]

Are people planning on attending those events for the simulated exams next week?

[Nebby]

Are people planning on attending those events for the simulated exams next week?

No, because I'm not living in the state for which I'm taking the bar

[Nebby]

Having some trouble getting my head around the analysis for determining liability in an agency relationship. So let's say there is no authority for the agents actions,

[+] Spoiler

like in the hot air balloon practice essay

. Why do you even need to do the whole disclosed principle analysis? The agent didn't act with any authority. If the principle had been disclosed, we probably would have had apparent authority. Can a principle who's agent acted without authority still be bound to a contract if the principle was partially disclosed?

I'm probably making this too complicated. The analysis just isn't clicking for me.

Agent acting without authority (actual/apparent) can still bind principal if the principal knew that there were parties that agent could contract with and the principal had a duty to notify the third party.

[xdeuceswild81xx]

Con Law MBE Set 5 just ruined my universe. Might have been the hardest set of PQ thus far for me.

[AlanShore]

Con Law MBE Set 5 just ruined my universe. Might have been the hardest set of PQ thus far for me.

same. also i think a number of other people have had the same experience. no worries; keep on going!

[Easy-E]

Having some trouble getting my head around the analysis for determining liability in an agency relationship. So let's say there is no authority for the agents actions,

[+] Spoiler

like in the hot air balloon practice essay

. Why do you even need to do the whole disclosed principle analysis? The agent didn't act with any authority. If the principle had been disclosed, we probably would have had apparent authority. Can a principle who's agent acted without authority still be bound to a contract if the principle was partially disclosed?

I'm probably making this too complicated. The analysis just isn't clicking for me.

Agent acting without authority (actual/apparent) can still bind principal if the principal knew that there were parties that agent could contract with and the principal had a duty to notify the third party.

Ahhh right. Didn't see the connection. Thank you.

[Easy-E]

Cool the MEE family law subtitles don't sync up.

[xdeuceswild81xx]

Con Law MBE Set 5 just ruined my universe. Might have been the hardest set of PQ thus far for me.

same. also i think a number of other people have had the same experience. no worries; keep on going!

Good to know I'm not alone!

[Easy-E]

Schott legit ruining The Simpsons for me

[bobbypin]

Is anyone else experiencing rapid vision changes while studying? I've never studied this much, for this many hours in a row, for this many days/weeks in a row before. So, I'm sure that part of it is exhaustion. But, everything is blurry where it would not have been 2 months ago.
Don't worry, I am running into the optometrist for an exam today. I was just wondering if anyone else is having a similar issue.

[Nebby]

Mixed Set 9 (100)

[+] Spoiler

A state law provided that before an abortion may be performed a woman must (a) have a consultation with a physician, who should try to persuade the woman to have her baby, and (b) wait another 24 hours before seeking an abortion. A woman in the middle of her first trimester of pregnancy challenges the constitutionality of the law.

Would a court be likely to strike down this law?
ANo, because the state has a rational basis for requiring the consultation and 24-hour waiting period.
BNo, because the state’s purpose is not to hinder women’s right to choose abortion, but merely to persuade women to choose birth and to ensure that their decisions are deliberate.
CYes, because the law violates the woman’s liberty interest in abortion protected by the Fourteenth Amendment.
DYes, because a state’s power to regulate abortions does not include the power to impose waiting periods.

This one is dumb. I worked at an org that challenges anti-abortion laws and lower circuits have all held that the state cannot compel a doctor to persuade a woman from having the abortion. States can compel doctors to give women pamphlets with information on them, but they cannot compel speech as it abridges the Doctor's 1st amendment rights.

I knew I should have just chosen B since the answer's didn't make reference to the doctor's first amendment rights, but it's still!

LOL. Just found this in the same set:

[+] Spoiler

A federal act that provided funds to fight HIV/AIDS includes two relevant provisions. The first provision prohibits the use of funds to promote or advocate the legalization or practice of prostitution. The second provision requires a recipient of the funds to expressly adopt and espouse a policy against prostitution. In adopting this act, Congress specifically found that prostitution was a factor in the spread of HIV/AIDS. Prior to the adoption of this act, a private organization that received substantial funding from private sources did not have such a policy because the organization feared that such a policy would hinder its work with prostitutes, making its programs less effective in addressing the HIV/AIDS problem. Although the private organization otherwise qualified as a recipient of federal funds through the act, because the private organization refused to adopt and espouse the policy against prostitution, the organization’s application for such funds was rejected.
The organization has filed an action in federal court for a declaratory judgment that the act’s anti-prostitution policy requirement violates the organization’s First Amendment free speech rights.
How should the court rule?

AFor the federal government, because Congress can place conditions on recipients of federal grants pursuant to the Spending Power of Article I, Section 8 of the U.S. Constitution.
BFor the federal government, because of the government speech doctrine.
CFor the private organization, because a federal grant cannot be contingent on a condition that limits a recipient’s freedom of speech.
DFor the private organization, because the First Amendment free speech rights include the right not to be forced by the government to adopt and espouse the government’s views.

[CaptainLeela]

Welcome to TLS

[unidentifiable]

just realized the civ pro outline is 90 pages. lol wtf

[CaptainLeela]

Welcome to TLS

[NaeDeen]

Are people planning on attending those events for the simulated exams next week?

Didn't know they were events, thought they were just videos. But no, I'm in the state where I'll be sitting for the bar but I'm good. Have fun and keep us posted on how it went--if you don't mind, of course

[bsktbll28082]

Are people planning on attending those events for the simulated exams next week?

Didn't know they were events, thought they were just videos. But no, I'm in the state where I'll be sitting for the bar but I'm good. Have fun and keep us posted on how it went--if you don't mind, of course

Also unaware of this.

[ndp1234]

Is anyone else experiencing rapid vision changes while studying? I've never studied this much, for this many hours in a row, for this many days/weeks in a row before. So, I'm sure that part of it is exhaustion. But, everything is blurry where it would not have been 2 months ago.
Don't worry, I am running into the optometrist for an exam today. I was just wondering if anyone else is having a similar issue.

I think I mentioned this upthread, but yes. I've always had migraines with aura, but have had increased issues with that while studying.

It's just too much screen time!

My right eyelid has inexplicably swollen as if I got punched in the eye for the past week. Don't know if it's stress or eye strain. At least I don't have to be around people for a while

[unidentifiable]

Is anyone else experiencing rapid vision changes while studying? I've never studied this much, for this many hours in a row, for this many days/weeks in a row before. So, I'm sure that part of it is exhaustion. But, everything is blurry where it would not have been 2 months ago.
Don't worry, I am running into the optometrist for an exam today. I was just wondering if anyone else is having a similar issue.

I think I mentioned this upthread, but yes. I've always had migraines with aura, but have had increased issues with that while studying.

It's just too much screen time!

My right eyelid has inexplicably swollen as if I got punched in the eye for the past week. Don't know if it's stress or eye strain. At least I don't have to be around people for a while

The corner of my right eye twitches ~4 hours a day total. The top left of my left eyebrow vibrates, tingles, and sort of goes numb. Whyyyy

[AlanShore]

Is anyone else experiencing rapid vision changes while studying? I've never studied this much, for this many hours in a row, for this many days/weeks in a row before. So, I'm sure that part of it is exhaustion. But, everything is blurry where it would not have been 2 months ago.
Don't worry, I am running into the optometrist for an exam today. I was just wondering if anyone else is having a similar issue.

I think I mentioned this upthread, but yes. I've always had migraines with aura, but have had increased issues with that while studying.

It's just too much screen time!

My right eyelid has inexplicably swollen as if I got punched in the eye for the past week. Don't know if it's stress or eye strain. At least I don't have to be around people for a while

The corner of my right eye twitches ~4 hours a day total. The top left of my left eyebrow vibrates, tingles, and sort of goes numb. Whyyyy

Once someone told me this could be due to low potassium. Obviously it's stress related but maybe some potassium will help.

[Vantwins]

The secured transactions lecturer is fine, but I still am having trouble staying awake through it! I'm sure last night's stress dreams didn't help. I didn't know about the "events" next week either. I assume the ones for the MD bar are in DC and/or Baltimore, and it would take about 2 hours out of my day to get back and forth to either, so I'm not going to bother.

[Vantwins]

just got the email about the group tests! tempting, but but still don't want to deal with travel time and parking to go into DC.

I assume we can bring ear plugs with us to the exam? I get so distracted by other people's noise!