Themis Bar Review Hangout - July 2016 Forum

[Vantwins]

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

So really anything is fair game, but they probably won't zing us with both CP and ST. Expect the worst, hope for the best!

[Vantwins]

For those making outlines and/or flash cards - are you including state distinctions in there for the MBE topics or making separate outlines/flash cards for those? I started adding MD Distinctions in red ink to my Critical Pass flash cards, but not sure I've got room for everything on there (I also add notes from the MBE PQ explanations).

[NaeDeen]

For those making outlines and/or flash cards - are you including state distinctions in there for the MBE topics or making separate outlines/flash cards for those? I started adding MD Distinctions in red ink to my Critical Pass flash cards, but not sure I've got room for everything on there (I also add notes from the MBE PQ explanations).

I add them into my outline--it's a bit cumbersome to flip through two outlines at the same time. I bold the distinctions so that I can tell them apart.
As for the essays, yep anything is fair game. At least it gives us a good idea on what the trend is.

[Easy-E]

You guys outlining MEE only subjects?

[NaeDeen]

You guys outlining MEE only subjects?

I am outlining all 19 subjects. How about you? There is no MEE here in MD but we do have MEE topics such as sec trans, adv sale, and comm paper.
Outlining commercial paper is something else. I didn't take the course in law school so it's a bit interesting as the terms as very foreign to me.

[Nebby]

I don't think I'm outlining anything. Just going to drill the Themis outlines and FROs

[Vantwins]

not sure this is testable, but why would anyone sue under rule 22 interpleader when statutory interpleader has easier requirements for diversity, service and venue??

[NaeDeen]

I don't think I'm outlining anything. Just going to drill the Themis outlines and FROs

Themis outlines are waaaay too lengthy. And flipping through all those pages is a no go for me. I need to be able to put the puzzle together in an outline. It's amazing how we all learn differently.

[Fivedham]

not sure this is testable, but why would anyone sue under rule 22 interpleader when statutory interpleader has easier requirements for diversity, service and venue??

I vaguely recall a professor mentioning something in 1L about the difference being venue preference. Statutory interpleader allows you to get venue wherever the claimant lives, whereas rule interpleader venue just goes by regular venue rules. Plus, the diversity requirements are different; minimal diversity (statutory) vs. complete diversity (rule), and statutory interpleader has a $500 AIC.

[hirkaismyname]

not sure this is testable, but why would anyone sue under rule 22 interpleader when statutory interpleader has easier requirements for diversity, service and venue??

I vaguely recall a professor mentioning something in 1L about the difference being venue preference. Statutory interpleader allows you to get venue wherever the claimant lives, whereas rule interpleader venue just goes by regular venue rules. Plus, the diversity requirements are different; minimal diversity (statutory) vs. complete diversity (rule), and statutory interpleader has a $500 AIC.

Also, (I missed this question yesterday) a public official (Secretary/IRS Director) in the course of their official duties, and also under the "color of the legal authority" can potentially use the exception to sue in the Plaintiff's Venue.

The call was "should the court grant's the Director's motion to dismiss for improper venue" (the fed dist ct had personal juris over the Director), and the answer was "Yes, bc the an official, acting under the color of legal authority, should be sued in the PL's jurisdiction".

I don't get it, but that may relate to your inquiry. Or intersect somehow.

[Vantwins]

not sure this is testable, but why would anyone sue under rule 22 interpleader when statutory interpleader has easier requirements for diversity, service and venue??

I vaguely recall a professor mentioning something in 1L about the difference being venue preference. Statutory interpleader allows you to get venue wherever the claimant lives, whereas rule interpleader venue just goes by regular venue rules. Plus, the diversity requirements are different; minimal diversity (statutory) vs. complete diversity (rule), and statutory interpleader has a $500 AIC.

Also, (I missed this question yesterday) a public official (Secretary/IRS Director) in the course of their official duties, and also under the "color of the legal authority" can potentially use the exception to sue in the Plaintiff's Venue.

The call was "should the court grant's the Director's motion to dismiss for improper venue" (the fed dist ct had personal juris over the Director), and the answer was "Yes, bc the an official, acting under the color of legal authority, should be sued in the PL's jurisdiction".

I don't get it, but that may relate to your inquiry. Or intersect somehow.

I'm trying to digest that but now I'm more confused! I shouldn't get caught up on it, just seems like it's all pros for statutory and cons for rule 22!

[Rahviveh]

Stat interpleader also requires depositing the stake which might be an issue

[ndp1234]

not sure this is testable, but why would anyone sue under rule 22 interpleader when statutory interpleader has easier requirements for diversity, service and venue??

I vaguely recall a professor mentioning something in 1L about the difference being venue preference. Statutory interpleader allows you to get venue wherever the claimant lives, whereas rule interpleader venue just goes by regular venue rules. Plus, the diversity requirements are different; minimal diversity (statutory) vs. complete diversity (rule), and statutory interpleader has a $500 AIC.

Also, (I missed this question yesterday) a public official (Secretary/IRS Director) in the course of their official duties, and also under the "color of the legal authority" can potentially use the exception to sue in the Plaintiff's Venue.

The call was "should the court grant's the Director's motion to dismiss for improper venue" (the fed dist ct had personal juris over the Director), and the answer was "Yes, bc the an official, acting under the color of legal authority, should be sued in the PL's jurisdiction".

I don't get it, but that may relate to your inquiry. Or intersect somehow.

I'm trying to digest that but now I'm more confused! I shouldn't get caught up on it, just seems like it's all pros for statutory and cons for rule 22!

I might be wrong, but I think statutory interpleader requires at least one claimant (plaintiff) to be diverse from another rather than all the claimants to be diverse from the stakeholder (defendant). If people are fighting over property, chances are they have the same domicile, so a lot of people don't qualify. For example

P1(A) + P2(A) vs. D1 (B) doesn't qualify for statutory interpleader, but does qualify for Rule 22 interpleader.

Edit: this site may be helpful: http://www.uslawessentials.com/blog/201 ... terpleader

[BarPreppin'12]

Anyone else fail MBE Mixed PQ 6? I got a 60%, goal was 65. Something is not right. For some reason, I can't get anywhere above 62 in any of them.

[kay2016]

Anyone else fail MBE Mixed PQ 6? I got a 60%, goal was 65. Something is not right. For some reason, I can't get anywhere above 62 in any of them.

I'm struggling too.. it's very frustrating.

[Easy-E]

i hate mortgages so goddamn much

[unidentifiable]

cant focus for shit. two days in a row. not good.

high temperature burn out.

[Easy-E]

cant focus for shit. two days in a row. not good.

high temperature burn out.

Take a day, or just plow through lectures if you have any left. I feel like low quality studying isn't worth it. Clear your head and come back to it.

[unidentifiable]

cant focus for shit. two days in a row. not good.

high temperature burn out.

Take a day, or just plow through lectures if you have any left. I feel like low quality studying isn't worth it. Clear your head and come back to it.

I'm on reviews now.

Yesterday was relatively easy stuff.

Today is Agency, Partnership, and Corps. I'm good with the first two, but iffy on Corps.. Cant stand to look at it. I've done all the scheduled "read & outline" essays and did fairly well on all.

I think I might call it a day. Sooo gonna hate myself.

[TLSModBot]

OK MD law is just a touch easier having direct experience with some of these things (getting married, starting a corporation, and getting a mortgage all in MD). But there are just so many impossible bullshit technicality rules for literally every subject except Agency I guess.

[Easy-E]

cant focus for shit. two days in a row. not good.

high temperature burn out.

Take a day, or just plow through lectures if you have any left. I feel like low quality studying isn't worth it. Clear your head and come back to it.

I'm on reviews now.

Yesterday was relatively easy stuff.

Today is Agency, Partnership, and Corps. I'm good with the first two, but iffy on Corps.. Cant stand to look at it. I've done all the scheduled "read & outline" essays and did fairly well on all.

I think I might call it a day. Sooo gonna hate myself.

Weirdly, I found corporations interesting. At least more than agency and partnerships...

[Easy-E]

This is probably the worst wording of a question/answer yet. Fuck this annoys me.

[+] Spoiler

A man purchased a large estate with cash after inheriting a substantial amount of money. Unable to properly manage his wealth, he was impoverished a few months later. He therefore procured a mortgage on the estate from a credit union, and the mortgage was properly executed and recorded. In light of a struggling economy, credit union executives were confident the man would default on the loan and wanted to ensure the estate was properly maintained in anticipation of a subsequent sale. The credit union therefore sought to obtain a court order confirming its right to possession of the estate in order to make repairs and prevent further deterioration of the property.

Could the credit union take possession of the estate?

A No, in an intermediate theory state, after default by the mortgagor.
B No, in a title theory state, absent default by the mortgagor.
C Yes, in a title theory state, until the mortgage has been fully satisfied.
D Yes, in a lien theory state, because the mortgagee is considered the owner of the land during the term of the mortgage.

Got 62% on the first mixed set. Passing stuff by 2-3% margins isn't exactly inspiring confidence

[unidentifiable]

cant focus for shit. two days in a row. not good.

high temperature burn out.

Take a day, or just plow through lectures if you have any left. I feel like low quality studying isn't worth it. Clear your head and come back to it.

I'm on reviews now.

Yesterday was relatively easy stuff.

Today is Agency, Partnership, and Corps. I'm good with the first two, but iffy on Corps.. Cant stand to look at it. I've done all the scheduled "read & outline" essays and did fairly well on all.

I think I might call it a day. Sooo gonna hate myself.

Weirdly, I found corporations interesting. At least more than agency and partnerships...

Yeaaah, I find Agency and Partnerships intuitive, but the requirements with shareholder suits and like rights of appraisal and other various requirements are weird for me. I can totally bullshit an answer, but eh..

Girlfriend wants me to build a fort so we can watch cartoons later. Guess that's what I'll focus on. :X

[Easy-E]

cant focus for shit. two days in a row. not good.

high temperature burn out.

Take a day, or just plow through lectures if you have any left. I feel like low quality studying isn't worth it. Clear your head and come back to it.

I'm on reviews now.

Yesterday was relatively easy stuff.

Today is Agency, Partnership, and Corps. I'm good with the first two, but iffy on Corps.. Cant stand to look at it. I've done all the scheduled "read & outline" essays and did fairly well on all.

I think I might call it a day. Sooo gonna hate myself.

Weirdly, I found corporations interesting. At least more than agency and partnerships...

Yeaaah, I find Agency and Partnerships intuitive, but the requirements with shareholder suits and like rights of appraisal and other various requirements are weird for me. I can totally bullshit an answer, but eh..

Girlfriend wants me to build a fort so we can watch cartoons later. Guess that's what I'll focus on. :X

Credit to Themis for trying to to keep the weekend days sort of light. I'm gonna try to get through the secured transactions lectures and then go grill and drink beer. Also, how can an MEE only subject not be narrowed down a bit more than 12 lectures and a 42 page handout.

[unidentifiable]

cant focus for shit. two days in a row. not good.

high temperature burn out.

Take a day, or just plow through lectures if you have any left. I feel like low quality studying isn't worth it. Clear your head and come back to it.

I'm on reviews now.

Yesterday was relatively easy stuff.

Today is Agency, Partnership, and Corps. I'm good with the first two, but iffy on Corps.. Cant stand to look at it. I've done all the scheduled "read & outline" essays and did fairly well on all.

I think I might call it a day. Sooo gonna hate myself.

Weirdly, I found corporations interesting. At least more than agency and partnerships...

Yeaaah, I find Agency and Partnerships intuitive, but the requirements with shareholder suits and like rights of appraisal and other various requirements are weird for me. I can totally bullshit an answer, but eh..

Girlfriend wants me to build a fort so we can watch cartoons later. Guess that's what I'll focus on. :X

Credit to Themis for trying to to keep the weekend days sort of light. I'm gonna try to get through the secured transactions lectures and then go grill and drink beer. Also, how can an MEE only subject not be narrowed down a bit more than 12 lectures and a 42 page handout.

exactly, that shit was way much more than it had to be. I mean, Tanicus explained it in like 5 pages.