Texas Saloon- Feb. 2016 Texas Bar Forum

[BVest]

I am aiming to be done with all of the substantive lectures by the end of today, and taking my Practice MBE tomorrow.

Hopefully that gives me enough time to get enough practice in for the essays.

Any recommendations on how to organize and tackle these last 2.5 weeks before the exam. Love to compare my plan with others. (approximately 60 MBE questions every morning and then essays for the rest of the day).

Depending on how you're doing on MBE, 60 may be too many. 30-40 is good for a maintenance-level MBE studying.

For essays, just keep doing them. For any subjects you have down pat, back off to one or two essays a week, and put more time into the other essays. If there's one or two issues in a subject that you don't have down yet, try putting it into chart form so you can review this at the test center.

And it's not 2.5 weeks, it's 3. I'm a believer in studying until the end. Sure, you need to let your foot off the gas somewhat during the exam, but that doesn't mean you don't review materials further. For the week of, I worked backwards to get a schedule, figuring out what time I needed to get to the test site, what time I needed to get up, when I needed to be in bed, and what time I should stop studying so I could wind down for bed. Any time between when I felt ready to study again after a says session and the time I needed to wind down was time I could be studying. Everything I needed to know on the actual exam about trusts and DTPA, I learned the night before the essays; Family law, UCC-3, and wills I learned in the last 10 days. Since those are the classes I did not take, I knew that it would be more about memorization from past essays than about actual learning, so I wanted them to be the last subjects covered.

(I also pre-packed my lunches into separate bags, set clothes out on the dining table in three stacks with a breakfast bar on top, as well as a list of what I needed to bring with me that day. Basically I tried to eliminate the need to think about anything that week except for the exam and additional studying.)

[DueProcessDoWheelies]

And it's not 2.5 weeks, it's 3. I'm a believer in studying until the end. Sure, you need to let your foot off the gas somewhat during the exam, but that doesn't mean you don't review materials further. For the week of, I worked backwards to get a schedule, figuring out what time I needed to get to the test site, what time I needed to get up, when I needed to be in bed, and what time I should stop studying so I could wind down for bed. Any time between when I felt ready to study again after a says session and the time I needed to wind down was time I could be studying. Everything I needed to know on the actual exam about trusts and DTPA, I learned the night before the essays; Family law, UCC-3, and wills I learned in the last 10 days. Since those are the classes I did not take, I knew that it would be more about memorization from past essays than about actual learning, so I wanted them to be the last subjects covered.

In July, almost all of the material I actually learned for the essays was within 2 weeks of the exam. Because within that 2 weeks I was churning out practice essays nonstop.

I don't know how you learned some material the night before essay day. I would freak out if I did that. I reviewed some stuff the night before but everything seemed familiar.

The Consumer Law essays are the easiest IMO. If you do a few practice ones you're set, because all the answers are the same. The "bad guy" in those fact patterns is always obvious. You just say he violated XYZ provisions of the DTPA and/or TDCA, and how the plaintiff is entitled to damages, and you're golden.

I think the UCC subjects are the hardest. I found it tough to memorize all the bullshit minutia about commercial paper. Though they do make it obvious who the stupid person is in those fact patterns too. I had a hard time with the Secured essay in July because I forgot the rule.

Family Law - BIOC, etc.

I think Trusts is kinda hard but the good news is there isn't too much they can test you on. There are only 21 essays in the Barbri book and it's pretty easy to go over all of them. Wills is more lengthy but straightforward.

The essays I'm most worried about are the BA essays. Corporations is a tough subject, and there's a lot of stuff the can test you on.

My plan (recommended from a friend) is to write out or at least look at the answer to EVERY SINGLE practice essay in the Barbri book, and hand write the rule statements from every one of them in a spiral. On Thursday morning and during lunchtime, I'm going to go over those rule statements so they're fresh in my head for the essays.

[Cshark440]

And it's not 2.5 weeks, it's 3. I'm a believer in studying until the end. Sure, you need to let your foot off the gas somewhat during the exam, but that doesn't mean you don't review materials further. For the week of, I worked backwards to get a schedule, figuring out what time I needed to get to the test site, what time I needed to get up, when I needed to be in bed, and what time I should stop studying so I could wind down for bed. Any time between when I felt ready to study again after a says session and the time I needed to wind down was time I could be studying. Everything I needed to know on the actual exam about trusts and DTPA, I learned the night before the essays; Family law, UCC-3, and wills I learned in the last 10 days. Since those are the classes I did not take, I knew that it would be more about memorization from past essays than about actual learning, so I wanted them to be the last subjects covered.

In July, almost all of the material I actually learned for the essays was within 2 weeks of the exam. Because within that 2 weeks I was churning out practice essays nonstop.

I don't know how you learned some material the night before essay day. I would freak out if I did that. I reviewed some stuff the night before but everything seemed familiar.

The Consumer Law essays are the easiest IMO. If you do a few practice ones you're set, because all the answers are the same. The "bad guy" in those fact patterns is always obvious. You just say he violated XYZ provisions of the DTPA and/or TDCA, and how the plaintiff is entitled to damages, and you're golden.

I think the UCC subjects are the hardest. I found it tough to memorize all the bullshit minutia about commercial paper. Though they do make it obvious who the stupid person is in those fact patterns too. I had a hard time with the Secured essay in July because I forgot the rule.

Family Law - BIOC, etc.

I think Trusts is kinda hard but the good news is there isn't too much they can test you on. There are only 21 essays in the Barbri book and it's pretty easy to go over all of them. Wills is more lengthy but straightforward.

The essays I'm most worried about are the BA essays. Corporations is a tough subject, and there's a lot of stuff the can test you on.

My plan (recommended from a friend) is to write out or at least look at the answer to EVERY SINGLE practice essay in the Barbri book, and hand write the rule statements from every one of them in a spiral. On Thursday morning and during lunchtime, I'm going to go over those rule statements so they're fresh in my head for the essays.

Seems like an excellent plan!

[longhornlaw]

My plan (recommended from a friend) is to write out or at least look at the answer to EVERY SINGLE practice essay in the Barbri book, and hand write the rule statements from every one of them in a spiral. On Thursday morning and during lunchtime, I'm going to go over those rule statements so they're fresh in my head for the essays.

That's a great plan. When I did CA, I ended up writing 60 practice essays or so - at least 3 per essay subject and had gone over all the samples. That is one area I'm finding Kaplan's resources to be lacking - not nearly enough practice essays and sample answers to work with. I think some subjects have 1 practice. I'm planning on going over all the previous essays and selected answers the BLE has available on their site, even if some of the sample passing answers are laughably short.

[txbarexamround2]

Hi,

Does anyone know what gets tested in Feb exams that doesn't get tested in July?
Isn't there a trade off b/w trusts and guardianship or something?

[BVest]

Hi,

Does anyone know what gets tested in Feb exams that doesn't get tested in July?
Isn't there a trade off b/w trusts and guardianship or something?

It's not a straight up trade for anything. They can test on any of the subjects listed.

[DueProcessDoWheelies]

I'm still having a hard time distinguishing between a special exception and a plea in abatement.

[blackmooncreeping]

I'm still having a hard time distinguishing between a special exception and a plea in abatement.

Plea in abatement---defect in plaintiffs pleading that must be supported by extrinsic evidence. Example would be not joining a necessary party.

Special Exception--defect in plaintiffs pleading that is apparent from the face of the pleading. Example would be not including required statement of relief.

[BVest]

I'm still having a hard time distinguishing between a special exception and a plea in abatement.

File a plea in abatement when you need the court to wait for some other proceeding. For example, if the matter is being considered by another court or if it's waiting for the completion of some administrative process that is required before continuing.

For example, Husband files for divorce in January in Illinois, and wife (who claims there are jurisdictional issues in Illinois) files in February in California. Husband can file a plea in abatement in the Texas Case, asking that the Texas case be paused until Illinois -- with the first-filed case -- decides whether it has jurisdiction.

File a Special Exception when you need the opposing party to plead more information (but the special exception must point out the defect). For example, Plaintiff petition alleges negligence against a store, saying he was injured at the store, but he doesn't say what the store did that was negligent. Store files a special exception pointing out that plaintiff failed to plead facts of negligence claim. In federal court this would be a motion for more definite pleadings.

Special exceptions can also operate like a 12(b)(6) failure to state a claim, though it requires an opportunity to re-plead. And like 12(b)(6) motions, special exceptions can be waived. So in the above example, if the store does not file a special exception, then the plaintiff can seek to prove any negligence, not just a negligence as specifically pled (since none was specifically pled).

[DueProcessDoWheelies]

Fuuuuck. Most of my prep time has been dedicated to the MBE because that's what screwed me in July. I haven't totally ignored the essays but now I'm really starting to do them again. Freakout mode is in full swing. There is SO MUCH INFORMATION to know for the essays and we're within 3 weeks of the test. I just reviewed Family Law and I remember nothing from July. Guess I'll have to churn out practice essays nonstop for the next couple weeks.

The only redeeming thoughts I have are that 1) the essay questions are straightforward and they aren't trying to trick you, and 2) they are very BS-able

[longhornlaw]

Edit: out of an abundance of caution, I've removed the items in question.

The link is here:

I'll post some of the major "don't do this on the MBE" rules in a few days, as well.

[jaimeg314]

I'll post some of the major "don't do this on the MBE" rules in a few days, as well.

Thank you for this!

[DueProcessDoWheelies]

Did your school make up these questions? Are they the NCBE questions?

[longhornlaw]

I know the Civ Pro ones are made up, but don't know as to the other subjects. The professor has given conflicting responses as to whether they are actual NCBE questions or ones based off of the NCBE. Either way, they sure as heck helped me pass CA.

[longhornlaw]

As teased, here are some generic MBE pointers:

There is no purposeful availment when you have internet sales that allow shipment to all other states.

Novation is rarely ever the answer. Don't pick it.

The General Welfare power is rarely, if ever, the right answer, unless the question is explicitly about a taxing and spending question.

Don't even think about Article IV Privileges and Immunities unless it has to do with discrimination against out of staters and the right to travel.

Any answer choice that has something about "opening the door" on an evidence question is wrong.

Generally, in a property question, the heirs are going to lose and not get the property.

There's no common law right to sunlight.

There's a presumption in land sale contracts that time is not of the evidence.

The generation of electricity is specifically not an abnormally dangerous activity.

Contributory negligence is never a defense to products liability.

Any answer in a comparative negligence question that says the plaintiff loses is wrong. Recovery is merely limited.

In torts, look for an answer choice that either supplies a missing element, such as causation in a negligence question, or takes it away. E.g., if the fact pattern provides duty, breach, and damages, look for the answer choice that either gives you the missing causation or highlights that it is missing.

In questions dealing with the duty to control 3rd persons, look for the answer choice that has "propensity" in it.

NIED requires a physical harm except in the misuse of corpses - if plaintiff is a close relative and there is misuse (i.e. decedent's arm is hacked off and sent to the plaintiff), then there can be NIED without a physical harm. Other NIED exception is if you are in the zone of danger and a car almost hits you or you're in the zone of danger and a loved one gets hit.

On an abnormally dangerous question, any answer with negligence standards is wrong.

Any answer saying a common carrier is strictly liable is strictly wrong.

[DueProcessDoWheelies]

A few things:

Generally, in a property question, the heirs are going to lose and not get the property.

Really? I feel like it's 50/50. Violates RAP or the heirs win.

NIED requires a physical harm except in the misuse of corpses - if plaintiff is a close relative and there is misuse (i.e. decedent's arm is hacked off and sent to the plaintiff), then there can be NIED without a physical harm. Other NIED exception is if you are in the zone of danger and a car almost hits you or you're in the zone of danger and a loved one gets hit.

Okay so there was a really hard question in July about this. It killed me. I thought the "close relative" exception just applied to bystander recovery, and recovery for NIED required the P to be 1) in the ZOD, and 2) to suffer physical injury, except for the corpse thing.

[longhornlaw]

A few things:

Generally, in a property question, the heirs are going to lose and not get the property.

Really? I feel like it's 50/50. Violates RAP or the heirs win.

I think it generally comes up in the context of where there is one party who's transferred to a third party but then devises the estate to the heirs or issue. Usually, the inter vivos transfer cuts the heirs off. I'll look and see if I can find the context of the rule. It may actually be the issue rather than the heirs, because heirs are easier to determine (you have em or you don't), and issue are more likely to violate the RAP.

[longhornlaw]

In regards to the secured/non secured area - what's the situation with bringing backpacks and things like that? Say you bring your backpack down with your lunch and everything in it, obviously you can't bring that into the secured area. Is there a place inside the center that we can leave our bags and not have to worry about them getting taken?

[BVest]

In regards to the secured/non secured area - what's the situation with bringing backpacks and things like that? Say you bring your backpack down with your lunch and everything in it, obviously you can't bring that into the secured area. Is there a place inside the center that we can leave our bags and not have to worry about them getting taken?

The facility is basically one giant exhibit hall with a 10-12 foot wide hallway that surrounds it. (See Floor Plan.) In July we were in hall 1 with nothing happening in hall 2. For February, with no other locations for the exam, there will be about 70-80% more people than in July, so I expect you will be in both hall 1 and 2 (there's a giant airwall between the two that will probably be open).

In July, they designated the southwest corner (upper left on the floor plan) of the hallway as the drop zone for personal belongings. People left their lunches, backpacks, and some study materials there and I didn't hear of any issues arising from that. I don't know what level of security there actually is in the non-secured area (I think basically none), but the Bar Exam will be the only event going on in Palmer Auditorium, and the site is far removed from the street on both sides and does not attract passers through. It would seem that no one taking the bar is going to screw with your stuff because they wouldn't want to screw everything up over something like that. I mean, I wouldn't leave my cell phone there or anything else of value -- lock those in your car.

[longhornlaw]

In regards to the secured/non secured area - what's the situation with bringing backpacks and things like that? Say you bring your backpack down with your lunch and everything in it, obviously you can't bring that into the secured area. Is there a place inside the center that we can leave our bags and not have to worry about them getting taken?

The facility is basically one giant exhibit hall with a 10-12 foot wide hallway that surrounds it. (See Floor Plan.) In July we were in hall 1 with nothing happening in hall 2. For February, with no other locations for the exam, there will be about 70-80% more people than in July, so I expect you will be in both hall 1 and 2 (there's a giant airwall between the two that will probably be open).

In July, they designated the southwest corner (upper left on the floor plan) of the hallway as the drop zone for personal belongings. People left their lunches, backpacks, and some study materials there and I didn't hear of any issues arising from that. I don't know what level of security there actually is in the non-secured area (I think basically none), but the Bar Exam will be the only event going on in Palmer Auditorium, and the site is far removed from the street on both sides and does not attract passers through. It would seem that no one taking the bar is going to screw with your stuff because they wouldn't want to screw everything up over something like that. I mean, I wouldn't leave my cell phone there or anything else of value -- lock those in your car.

Awesome, thanks for clarifying.

[BVest]

To clarify further, by "designated as the drop zone" I mean there was a piece of letter-sized paper to that effect taped to the wall in the little window alcove there, and you just put your stuff on the floor in that corner.

[bluesplitter]

I have a question.


How does one know the time?

We cannot bring even analog watches right?

Anyone have any pro-tips?
Suggestions?

My biggest concern is Essays and short answer questions.

The MBE, i have it down by instinct on how much time there is to spend on each question. And the MPT, well that's like being able to watch a boat coming into harbor. lol (gosh i have been in this office for better part of 3 months...my jokes are getting bad)

[KTnKT]

I believe somewhere in the instructions it says a digital clock or timer will be visible. But love confirmation from somebody who has done Palmer's before if they could actually see it, and were seconds visible or just minutes and hours?

[BVest]

In Texas they've gone to displaying the time (of day - hours and minutes only, not a timer) on projection screens at the front of the room. I believe July was the first time they did it. It worked well and was easy to see from anywhere, but (1) occasionally the screensaver came on (it was from a laptop), and (2) for some reason they displayed the two screens with two different laptops rather than using a relay cord between the projectors, which resulted in the times being off by about half a minute.

I saw that BLE was considering switching from time of day to a countdown timer, at the request of examinees.

[BVest]

Anyone have any pro-tips?

My biggest concern is Essays and short answer questions.

The MBE, i have it down by instinct on how much time there is to spend on each question. And the MPT, well that's like being able to watch a boat coming into harbor. lol (gosh i have been in this office for better part of 3 months...my jokes are getting bad)

For the essays, when they start you, write down your times on each question page of the test booklet. e.g. if started at 8:47: On question 1 write "9:17," question 2 write "9:47," etc. Then never go more than 5 minutes past that time (even if you started on that particular question 5 minutes late). That way you have at least 25 minutes for every question. With MPT and Proc/Evidence tests, write down what the 45 minute and finish times will be so that you know when you have to start writing (MPT), or move on to Crim Pro, and when you'll finish. Of course, if there's a timer rather than a clock, you'll just be writing down the countdown times rather than times of day.

For the MBE, I had it down too, but once in there I slowed way down. That said, in practice I was working at a pace of 2:10-2:15 per 100 questions, so I had a lot of cushion. In the exam, you can leave early so long as you finish >15 minutes prior to the end of that section. So I thought for sure I'd be leaving early during the MBE, even if I tacked on some extra time to review the questions I'd struggled with. when I checked my pace part way through, though, it was clear that I was going to finish working at about 2:40-2:45, so I just decided to stay until they released everyone.