February 2015 Bar Exam Forum

[a male human]

There are people who would argue both ways.

A benefit of typing on screen is to have all your notes ready to be copied and pasted and cleaned up. This saves time.

A benefit of writing your notes by hand is if your computer fails, you don't lose all your progress. Plus you can make more nuanced notes with arrows and such.

With the fiasco about SofTest misbehaving recently, you might want to consider writing notes by hand if you are confident about time. Or perhaps you can try a more top-level outline by hand with detailed notes you can copy and paste on the screen? It depends on which benefits you prefer more.

For peace of mind, fyi Soft-test save everything you typed using wireless connection on their servers every 30 seconds.


Good luck.

Yes, in case of failure, your most recent answer state will have been saved. From my understanding, it is stored locally on your hard drive every 1 minute--but in any case saved and accessible by the graders (only).

[jarofsoup]

Im using Kaplan for New York and I used Barbri for CA. I realized that Barbri did not teach large sections of law relating to the MBE. Barbri is scam.

[TheFutureLawyer]

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[numbertwo88]

It's literally taking me essentially 5 million hours to complete MBE problem sets - is anyone timing themselves with them already? I do them in an interactive mode so I can read through all of the answers and jot down the correct rule into a document I'm keeping of rules for all of the questions I get wrong/guess at. I tried taking them in test mode but then I discovered that was too tedious because I'd have to review all of the questions when the questions weren't still fresh in my mind.

I'm hoping by the time I get to mixed MBE sets I'll be faster/up to speed with the remaining month of practicing.

I fucking hate this entire process. I'm so over it.

How do those reconcile?

Is it because one is based on contracts where consideration was already present and the latter is based on promises where consideration was never a part of the contract? Is the first quote you mentioned in reference to an already existing contract or a new/modified contract?

[sparty99]

It's literally taking me essentially 5 million hours to complete MBE problem sets - is anyone timing themselves with them already? I do them in an interactive mode so I can read through all of the answers and jot down the correct rule into a document I'm keeping of rules for all of the questions I get wrong/guess at. I tried taking them in test mode but then I discovered that was too tedious because I'd have to review all of the questions when the questions weren't still fresh in my mind.

I'm hoping by the time I get to mixed MBE sets I'll be faster/up to speed with the remaining month of practicing.

I fucking hate this entire process. I'm so over it.

How do those reconcile?

Is it because one is based on contracts where consideration was already present and the latter is based on promises where consideration was never a part of the contract? Is the first quote you mentioned in reference to an already existing contract or a new/modified contract?

Stop complaining, dawg. This is a 10 week course and its only the 3rd week. We need encouragement. Not negative nancy.

[numbertwo88]

I'm positive/confident I'll pass the second time around ... that's the extent of my positivity

[jarofsoup]

It's literally taking me essentially 5 million hours to complete MBE problem sets - is anyone timing themselves with them already? I do them in an interactive mode so I can read through all of the answers and jot down the correct rule into a document I'm keeping of rules for all of the questions I get wrong/guess at. I tried taking them in test mode but then I discovered that was too tedious because I'd have to review all of the questions when the questions weren't still fresh in my mind.

I'm hoping by the time I get to mixed MBE sets I'll be faster/up to speed with the remaining month of practicing.

I fucking hate this entire process. I'm so over it.

How do those reconcile?

Is it because one is based on contracts where consideration was already present and the latter is based on promises where consideration was never a part of the contract? Is the first quote you mentioned in reference to an already existing contract or a new/modified contract?

top complaining, dawg. This is a 10 week course and its only the 3rd week. We need encouragement. Not negative nancy.

Remember that you should take nights off or a break when needed. If your wheels are just spinning you should just stop for the night. I am taking tonight off, my paced program says I have tomorrow off so I will make up the work then.

[TheFutureLawyer]

x

[tsutsik]

Quote:
In a non-carrier contract, when the seller is not a merchant, the risk of loss passes to the buyer after the seller has tendered goods to the buyer. When the seller is a merchant, the risk of loss passes at the time buyer takes physical possession of the goods.


How does the seller tender goods to the buyer without the buyer taking physical possession of the goods? What's the difference there?

Tender of delivery requires the seller to make the goods available to the buyer and provide notice how the buyer can take possession. If I'm selling you my used couch and tell you that I'll put the couch on my porch at 2:00 for you to pick up, and I do that, I've tendered delivery. If I'm robbed at 3:00 and you didn't show up to pick up the couch at 2:00, the risk of loss is on you because I'm not a merchant.

[TheFutureLawyer]

x

[numbertwo88]

I didn't even notice my mistake

--

44 days until the MBE guys. Just in case you wanted to know.

[Dan1220]

For those of you feeling frustrated with how long MBE questions are taking there may be a reason for that. For instance, Kaplan MBE test questions seem to be about 30-40% longer on average than their MBE equivalents, this is to build up your endurance we are told. I for one found it just stupidly annoying and more of a hinderance than a learning tool. Pretty much now prefer doing the old real MBE questions and flash cards. If you are staying on time with the test prep Q's you are going to be fine for the real deal.

[numbertwo88]

Mortgages literally make me want to cry. I have a nice property MBE outline I've written ... it's noticeably blank in the mortgage section.

Tomorrow is understand mortgages or die day. In addition to security interests in foreclosures ... ugh.

[a male human]

Mortgages literally make me want to cry. I have a nice property MBE outline I've written ... it's noticeably blank in the mortgage section.

Tomorrow is understand mortgages or die day. In addition to security interests in foreclosures ... ugh.

Here's a quick rundown of mortgages. Should be enough to answer most MBE questions if you can do the BFP recording tracing thing.

Mortgage: Interest designed to secure a performance of obligation, usually a debt repayment
__i. Purchase money mortgage: Loan enabling acquisition of a property or improvements, 1st priority only if recorded
__ii. Theories of title: Lien theory (majority MBE)—mortgagee gets security interest on property until foreclosure. Title theory—mortgage gets title and entitlement to possession of property until mortgage satisfied or foreclosed
__iii. Debtor remedies: Equitable right of redemption—pay off debt or bring loan current prior to foreclosure sale (cannot waive/“clog”). Statutory right of redemption—redeem the property for w/in a fixed period after foreclosure sale
__iv. Creditor remedies: Foreclose or seek deficiency judgment against person primarily liable (grantee who “assumed” mortgage and/or grantor if grantee bought w/o novation or “subject to”—if ambiguous, default is “subject to”)
____1. Priority order: Foreclosure destroys junior interests on notice, entitled to proceeds in priority but not foreclosure
____2. Exoneration: Original mortgagor can compel mortgagee to proceed first against primarily liable person

[numbertwo88]

Mortgages literally make me want to cry. I have a nice property MBE outline I've written ... it's noticeably blank in the mortgage section.

Tomorrow is understand mortgages or die day. In addition to security interests in foreclosures ... ugh.

Here's a quick rundown of mortgages. Should be enough to answer most MBE questions if you can do the BFP recording tracing thing.

Mortgage: Interest designed to secure a performance of obligation, usually a debt repayment
__i. Purchase money mortgage: Loan enabling acquisition of a property or improvements, 1st priority only if recorded
__ii. Theories of title: Lien theory (majority MBE)—mortgagee gets security interest on property until foreclosure. Title theory—mortgage gets title and entitlement to possession of property until mortgage satisfied or foreclosed
__iii. Debtor remedies: Equitable right of redemption—pay off debt or bring loan current prior to foreclosure sale (cannot waive/“clog”). Statutory right of redemption—redeem the property for w/in a fixed period after foreclosure sale
__iv. Creditor remedies: Foreclose or seek deficiency judgment against person primarily liable (grantee who “assumed” mortgage and/or grantor if grantee bought w/o novation or “subject to”—if ambiguous, default is “subject to”)
____1. Priority order: Foreclosure destroys junior interests on notice, entitled to proceeds in priority but not foreclosure
____2. Exoneration: Original mortgagor can compel mortgagee to proceed first against primarily liable person

Ah, THANK YOU!

[THB]

The practice questions are longer, but at least for the 2014 July MBE questions, the actual test questions are much harder imo.

[s1m4]

Anyone have a good civ pro outline they will be willing to share in exchange for kudos?

[a male human]

BTW for those taking the California Bar Exam specifically, this thread is more specialized for you: http://top-law-schools.com/forums/viewt ... 1&t=240022

[nickbiop]

I am looking for a good tutor also. I am in Brooklyn and would like to meet with someone face to face. Any ideas?

[Elms]

I'm reading Civ Pro notes from Barmax right now, and really confusing myself.

They say, about supplemental jurisdiction, "In a diversity case, the plaintiff may not use supplemental jurisdiction to overcome lack of diversity." Ok, cool, got it.

Then: "In a federal question cause, the plaintiff may use supplemental jurisdiction to overcome lack of diversity or lack of amount in controversy."

Am I missing something? I thought if you had a federal question case, you don't need diversity. I though you can either get into federal court on a federal question OR on diversity? What gives?

[numbertwo88]

Then: "In a federal question cause, the plaintiff may use supplemental jurisdiction to overcome lack of diversity or lack of amount in controversy."

Am I missing something? I thought if you had a federal question case, you don't need diversity. I though you can either get into federal court on a federal question OR on diversity? What gives?

I don't think anything gives per se, it seems like the materials are stating that for federal question supplemental jurisdiction, diversity + amount in controversy are irrelevant

[a male human]

Then: "In a federal question cause, the plaintiff may use supplemental jurisdiction to overcome lack of diversity or lack of amount in controversy."

Am I missing something? I thought if you had a federal question case, you don't need diversity. I though you can either get into federal court on a federal question OR on diversity? What gives?

I don't think anything gives per se, it seems like the materials are stating that for federal question supplemental jurisdiction, diversity + amount in controversy are irrelevant

I think that's right.

You need one of FQ/D/S jurisdiction to hear a case in fed ct.

Sjx gives discretion over ADDITIONAL claims over a claim that invokes FQjx or Djx. You can't use Sjx to avoid completely diversity or AIC requirement.

To put it differently, if, e.g., you have a claim under Djx but not FQjx (or vice versa), you can use Sjx to bring claims that do not meet the diversity requirement (assuming you meet other requirements for Sjx like common nucleus of operative fact).

Can someone confirm this is true?

[Elms]

Then: "In a federal question cause, the plaintiff may use supplemental jurisdiction to overcome lack of diversity or lack of amount in controversy."

Am I missing something? I thought if you had a federal question case, you don't need diversity. I though you can either get into federal court on a federal question OR on diversity? What gives?

I don't think anything gives per se, it seems like the materials are stating that for federal question supplemental jurisdiction, diversity + amount in controversy are irrelevant

I think that's right.

You need one of FQ/D/S jurisdiction to hear a case in fed ct.

Sjx gives discretion over ADDITIONAL claims over a claim that invokes FQjx or Djx. You can't use Sjx to avoid completely diversity or AIC requirement.

To put it differently, if, e.g., you have a claim under Djx but not FQjx (or vice versa), you can use Sjx to bring claims that do not meet the diversity requirement (assuming you meet other requirements for Sjx like common nucleus of operative fact).

Can someone confirm this is true?

Ohhhh... you two are right, I think. That would make sense.

[dxchpwd]

It's literally taking me essentially 5 million hours to complete MBE problem sets - is anyone timing themselves with them already? I do them in an interactive mode so I can read through all of the answers and jot down the correct rule into a document I'm keeping of rules for all of the questions I get wrong/guess at. I tried taking them in test mode but then I discovered that was too tedious because I'd have to review all of the questions when the questions weren't still fresh in my mind.

I'm hoping by the time I get to mixed MBE sets I'll be faster/up to speed with the remaining month of practicing.

I fucking hate this entire process. I'm so over it.

How do those reconcile?

Is it because one is based on contracts where consideration was already present and the latter is based on promises where consideration was never a part of the contract? Is the first quote you mentioned in reference to an already existing contract or a new/modified contract?

Stop complaining, dawg. This is a 10 week course and its only the 3rd week. We need encouragement. Not negative nancy.

Dude,pm me, and I will share with your a PDF that teaches speed reading. (For free)

Good luck

[TheFutureLawyer]

x