Themis Bar Review Hangout - July 2016 Forum

[ndp1234]

Can anyone explain what a secret trust is? The outline says it "looks like a testamentary gift but it is created in reliance on the named beneficiary's promise to hold and administer property for another."

Can someone explain this to me in plain English? I'm just having one of those days...

[BigZuck]

Apparently I'm getting dumber and missing more and more practice MBE questions as time goes on.

I'm going to choose to believe that that's part of the process and I'll have a breakthrough soon because I don't want to think about the alternative.

[Easy-E]

Apparently I'm getting dumber and missing more and more practice MBE questions as time goes on.

I'm going to choose to believe that that's part of the process and I'll have a breakthrough soon because I don't want to think about the alternative.

I think people in here were saying the later sets (5 and 6) were definitely harder FWIW

[alicen]

Can anyone explain what a secret trust is? The outline says it "looks like a testamentary gift but it is created in reliance on the named beneficiary's promise to hold and administer property for another."

Can someone explain this to me in plain English? I'm just having one of those days...

I agree it's not clear. I think it means that the will doesn't say that a devise is actually in trust, but the testator and the named beneficiary of the will have a "secret" agreement that the named beneficiary is actually just going to be the trustee for some other unnamed (in the will) beneficiary. So:

T and A agree orally that A will take T's home in trust for the benefit of B (thus, A will be the trustee). T writes a will leaving her home to A. There is a secret trust whose existence, if proved, would be honored by the courts somehow (constructive trust for example).

[Fivedham]

Apparently I'm getting dumber and missing more and more practice MBE questions as time goes on.

I'm going to choose to believe that that's part of the process and I'll have a breakthrough soon because I don't want to think about the alternative.

Hit "Course Progress" and click on the MBE PQs button and check out which topics and subtopics are your weakest. Review all the questions and explanations for the ones you got wrong. I did this earlier this week, and my MBE percentages have shot up.

[BigZuck]

Apparently I'm getting dumber and missing more and more practice MBE questions as time goes on.

I'm going to choose to believe that that's part of the process and I'll have a breakthrough soon because I don't want to think about the alternative.

I think people in here were saying the later sets (5 and 6) were definitely harder FWIW

Yeah they definitely are

Someone (FSK?) said somewhere that the early mixed sets are easy and I just binked a 50% with a goal of 60%. Might just take the rest of the day off and go drink beer/play video games.

[BigZuck]

Apparently I'm getting dumber and missing more and more practice MBE questions as time goes on.

I'm going to choose to believe that that's part of the process and I'll have a breakthrough soon because I don't want to think about the alternative.

Hit "Course Progress" and click on the MBE PQs button and check out which topics and subtopics are your weakest. Review all the questions and explanations for the ones you got wrong. I did this earlier this week, and my MBE percentages have shot up.

Yeah I've been doing this all along

I'm going to stick with my plan of drinking away this problem

[Easy-E]

Apparently I'm getting dumber and missing more and more practice MBE questions as time goes on.

I'm going to choose to believe that that's part of the process and I'll have a breakthrough soon because I don't want to think about the alternative.

I think people in here were saying the later sets (5 and 6) were definitely harder FWIW

Yeah they definitely are

Someone (FSK?) said somewhere that the early mixed sets are easy and I just binked a 50% with a goal of 60%. Might just take the rest of the day off and go drink beer/play video games.

I did shitty on a few sets, just hit a good number on evidence (probably my "best" subject). Gonna go eat cake and drink some whiskey.

I have some exciting 4th of july plans, I will be reviewing my outlines with my 40 page word document of missed PQs

[bsktbll28082]

Spent over 8 HOURS outlining today and yet Themis has me down for 0%. Rough. I estimate I've got another 16 hour of outlining before I finish up all the topics and move into review-only mode.

[AlanShore]

Spent over 8 HOURS outlining today and yet Themis has me down for 0%. Rough. I estimate I've got another 16 hour of outlining before I finish up all the topics and move into review-only mode.

This was me a week ago. Dont worry about themis completion. I found it really helpful; we have to do what we need to do well.

[psm11]

Spent over 8 HOURS outlining today and yet Themis has me down for 0%. Rough. I estimate I've got another 16 hour of outlining before I finish up all the topics and move into review-only mode.

This was me a week ago. Dont worry about themis completion. I found it really helpful; we have to do what we need to do well.

I agree. The other day I spent roughly 4 hours memorizing note cards/reviewing them and go zero credit for it. Lol to logging into my Themis account after 4 hours of note cards to see that I have 3 essays to write and roughly 70 MBE questions to do.



I have a few friends doing Barbri (for PA) and they tell me that at most they get assigned 2 essays a week to do. For the most part, Themis has had me doing about 2 essays a day (doing CA). Is this just a difference of jurisdictions?

[ndp1234]

Can anyone explain what a secret trust is? The outline says it "looks like a testamentary gift but it is created in reliance on the named beneficiary's promise to hold and administer property for another."

Can someone explain this to me in plain English? I'm just having one of those days...

I agree it's not clear. I think it means that the will doesn't say that a devise is actually in trust, but the testator and the named beneficiary of the will have a "secret" agreement that the named beneficiary is actually just going to be the trustee for some other unnamed (in the will) beneficiary. So:

T and A agree orally that A will take T's home in trust for the benefit of B (thus, A will be the trustee). T writes a will leaving her home to A. There is a secret trust whose existence, if proved, would be honored by the courts somehow (constructive trust for example).

This is helpful. Thank you!

[Chardee_MacDennis]

Every time I do a mixed set, it's like whack-a-mole. I review weak topics, and on the next set do really well but fall in a topic I used to kill. So I review that topic, kill it on the next set and fall in another area. Review, kill it, repeat.

[ndp1234]

That snipe trap question was unnecessarily long and confusing. Like why add 3 state laws to mix on a question about EP?

[Nebby]

That snipe trap question was unnecessarily long and confusing. Like why add 3 state laws to mix on a question about EP?

Themis likes foreplay before fuckin ya

[kishy]

I'm getting so good at talking myself out of the obvious, right answer on con law questions. Session 4 sucks.

You talking about the mixed mode #4? Yea, me, too. 54% when all my others were around 70%. Starting to feel burned out, I think. Spent a lot of the day on commercial paper. Ugh.

[kishy]

I honestly think I would get 2-3 more MBE questions correct per session if I had the questions in writing. Not bitching about Themis, I just find myself missing questions because of one word which I know I would have underlined or marked somehow.

I'm with you on that. Take your milestones in the exam book and then transfer your answers to the computer - it'll be a more realistic experience.

[Chardee_MacDennis]

I don't understand why suretyship needed its out outline/lectures and couldn't have been covered in contracts. Seems like a waste.

[Nebby]

I don't understand why suretyship needed its out outline/lectures and couldn't have been covered in contracts. Seems like a waste.

I hope we get a suretyship essay on IEE

[NaeDeen]

Well property just kicked my butt! I've been focusing on lectures and outlines...gotta step it up!
I've got 8 assignment tomorrow 3 MBE PQs and the rest essays...should be fun!

[bobbypin]

Every time I do a mixed set, it's like whack-a-mole. I review weak topics, and on the next set do really well but fall in a topic I used to kill. So I review that topic, kill it on the next set and fall in another area. Review, kill it, repeat.

It's not just you.

[Nebby]

I'm taking tomorrow off. First day off on three weeks

[Rahviveh]

What's a good way to think about the 6th Amendment confrontation clause and how it interacts with the FRE hearsay rules?

[NaeDeen]

Frequency of Subjects Tested on the Maryland Bar Exam--this data is from the last 15 years

• Professional Responsibility – 30
• Torts – 29
• Real Property – 29
• Civil Procedure – 28
• Evidence – 28
• Corporations – 26
• Family Law – 25
• Constitutional Law – 24
• Criminal Law & Procedure – 24
• Contracts – 22
• Agency – 20
• Criminal Law – 20
• Commercial Paper – 16
• Sales – 11
• Secured Transactions - 11

[Chardee_MacDennis]

What's a good way to think about the 6th Amendment confrontation clause and how it interacts with the FRE hearsay rules?

If the witness testifies, then generally no problem. If the witness doesn't testify, you need to determine whether it's testimonial hearsay. If not, then there's no confrontation clause problem, but look out for other admissibility issues.

If it's testimonial and the witness doesn't testify, then you likely have a confrontation clause problem. Basically, testimonial statements are any statements to/by gov't officials that could reasonably be used at a criminal trial; for example, a DNA analysis report in a rape case to prove identity would be testimonial. You'd need the actual technician who performed the test on the stand, otherwise the report can't come in b/c of Crawford.