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Pleasye

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by Pleasye » Sat Jul 04, 2015 7:42 pm
anon sequitur wrote:Pleasye wrote:
No the attendant isn't a claimant. He's the one bringing the two claimants in on the statutory interpleader claim. The claimants are the owner of the garage and the owner of the car, so they are the ones that must be diverse. The point of statutory interpleader is to resolve the possession of an item when there is more than one claimant to it.
Ah, okay. I didn't see it that way at all, I assumed the attendant was a claimant, since he is in possession, and he brought the interpleader. It still only sorta makes sense to me, but I should be able to figure it out now. Thanks.
I just think of it as the person bringing the statutory interpleader claim is the plaintiff and the claimants are defendants. There has to be diversity between at least 2 of the "defendants." And then also keep in mind that the "plaintiff" can also be a claimant. No idea if this helps or makes sense, sorry I've been drinking a bit

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anon sequitur

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by anon sequitur » Sat Jul 04, 2015 7:53 pm
Thanks guys, very helpful. I learned something valuable about interpleader, and also reminded that I have no idea what the fuck I'm doing re civ pro.
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Pleasye

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by Pleasye » Sat Jul 04, 2015 8:44 pm
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anon sequitur

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by anon sequitur » Sat Jul 04, 2015 9:18 pm
better, more concise explanation of interpleader than the outlines
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hindijs1

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by hindijs1 » Sun Jul 05, 2015 2:59 am
Pleasye wrote:anon sequitur wrote:Pleasye wrote:
No the attendant isn't a claimant. He's the one bringing the two claimants in on the statutory interpleader claim. The claimants are the owner of the garage and the owner of the car, so they are the ones that must be diverse. The point of statutory interpleader is to resolve the possession of an item when there is more than one claimant to it.
Ah, okay. I didn't see it that way at all, I assumed the attendant was a claimant, since he is in possession, and he brought the interpleader. It still only sorta makes sense to me, but I should be able to figure it out now. Thanks.
I just think of it as the person bringing the statutory interpleader claim is the plaintiff and the claimants are defendants. There has to be diversity between at least 2 of the "defendants." And then also keep in mind that the "plaintiff" can also be a claimant. No idea if this helps or makes sense, sorry I've been drinking a bit

,
Guys and gals, please also take note that there is a difference between STATUTORY INTERPLEADER and RULE INTERPLEADER. The former requires that the claimants be of different states (diversity) and the AIC need only be $500 while the latter requires that the stakeholder (the attendant in this case) be diverse from all the claimants and the AIC must be over $75,000.
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zor

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by zor » Sun Jul 05, 2015 4:07 am
Those of us taking the bar on a laptop--i.e. NY or anywhere else you have to buy ExamSoft--do you know if we do the multiple choice sections online as well? Or do we get physical scantrons to bubble in for that? And do we get paper test booklets to mark up or do we do everything on the screen?
Basically, since I want to simulate the actual exam MBE, I'm trying to figure out if I should do Wednesday's simulated MBE on paper or on the computer.
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dunneab

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by dunneab » Sun Jul 05, 2015 9:40 am
Just as a good sense impression:
I am averaging between 65-70% per individual MBE set.
The answer index would indicate that others are picking the correct answers 80% and upwards of the time.
Some people confirm that in their posts here.
Is it too low an average at this stage of the game? Is it a correct impression that people usu get higher?
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zot1

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by zot1 » Sun Jul 05, 2015 9:55 am
hindijs1 wrote:Pleasye wrote:anon sequitur wrote:Pleasye wrote:
No the attendant isn't a claimant. He's the one bringing the two claimants in on the statutory interpleader claim. The claimants are the owner of the garage and the owner of the car, so they are the ones that must be diverse. The point of statutory interpleader is to resolve the possession of an item when there is more than one claimant to it.
Ah, okay. I didn't see it that way at all, I assumed the attendant was a claimant, since he is in possession, and he brought the interpleader. It still only sorta makes sense to me, but I should be able to figure it out now. Thanks.
I just think of it as the person bringing the statutory interpleader claim is the plaintiff and the claimants are defendants. There has to be diversity between at least 2 of the "defendants." And then also keep in mind that the "plaintiff" can also be a claimant. No idea if this helps or makes sense, sorry I've been drinking a bit

,
Guys and gals, please also take note that there is a difference between STATUTORY INTERPLEADER and RULE INTERPLEADER.
The former requires that the claimants be of different states (diversity) and the AIC need only be $500 while the latter requires that the stakeholder (the attendant in this case) be diverse from all the claimants and the AIC must be over $75,000.
Statutory interpleader requires minimal diversity, meaning that if any two claimants (no matter if one is a plaintiff and one is a defendant or both are defendants) are of different citizenship, diversity is satisfied. In addition, the AIC is more than $500, not just $500.
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Mad Hatter

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by Mad Hatter » Sun Jul 05, 2015 10:22 am
IL bros (and other states that test commercial paper): what are you doing about commercial paper? 17 videos. Tested like 5% of the time...
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paulshortys10

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by paulshortys10 » Sun Jul 05, 2015 11:15 am
dunneab wrote:Just as a good sense impression:
I am averaging between 65-70% per individual MBE set.
The answer index would indicate that others are picking the correct answers 80% and upwards of the time.
Some people confirm that in their posts here.
Is it too low an average at this stage of the game? Is it a correct impression that people usu get higher?
This is around where I am at. got 73% on the Milestone 2, but just got 65 on a 34mbe mixed set (probably because I forgot K's and prop?). I'm going to try to do 50 questions a day from now on (i have Emmanuel's book and a lot of questions left on Themis).
I still do not feel good about some of the essay topics though.
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zot1

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by zot1 » Sun Jul 05, 2015 11:20 am
paulshortys10 wrote:dunneab wrote:Just as a good sense impression:
I am averaging between 65-70% per individual MBE set.
The answer index would indicate that others are picking the correct answers 80% and upwards of the time.
Some people confirm that in their posts here.
Is it too low an average at this stage of the game? Is it a correct impression that people usu get higher?
This is around where I am at. got 73% on the Milestone 2, but just got 65 on a 34mbe mixed set (probably because I forgot K's and prop?). I'm going to try to do 50 questions a day from now on (i have Emmanuel's book and a lot of questions left on Themis).
I still do not feel good about some of the essay topics though.
This ^. I never get the answer quite right :/
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northwood

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by northwood » Sun Jul 05, 2015 11:33 am
zor wrote:Those of us taking the bar on a laptop--i.e. NY or anywhere else you have to buy ExamSoft--do you know if we do the multiple choice sections online as well? Or do we get physical scantrons to bubble in for that? And do we get paper test booklets to mark up or do we do everything on the screen?
Basically, since I want to simulate the actual exam MBE, I'm trying to figure out if I should do Wednesday's simulated MBE on paper or on the computer.
When I took the bar in July 2014, a computer was allowed only for the essays.. NYMC and the MBE were all done on scantron
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IamIn

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by IamIn » Sun Jul 05, 2015 11:56 am
northwood wrote:zor wrote:Those of us taking the bar on a laptop--i.e. NY or anywhere else you have to buy ExamSoft--do you know if we do the multiple choice sections online as well? Or do we get physical scantrons to bubble in for that? And do we get paper test booklets to mark up or do we do everything on the screen?
Basically, since I want to simulate the actual exam MBE, I'm trying to figure out if I should do Wednesday's simulated MBE on paper or on the computer.
When I took the bar in July 2014, a computer was allowed only for the essays.. NYMC and the MBE were all done on scantron
Does ExamSoft allow to go back to previous essay answers and make changes?
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Pleasye

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by Pleasye » Sun Jul 05, 2015 12:38 pm
zor wrote:Those of us taking the bar on a laptop--i.e. NY or anywhere else you have to buy ExamSoft--do you know if we do the multiple choice sections online as well? Or do we get physical scantrons to bubble in for that? And do we get paper test booklets to mark up or do we do everything on the screen?
Basically, since I want to simulate the actual exam MBE, I'm trying to figure out if I should do Wednesday's simulated MBE on paper or on the computer.
No laptops on MBE day. It's all paper and scantron.
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zor

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by zor » Sun Jul 05, 2015 1:04 pm
Pleasye wrote:zor wrote:Those of us taking the bar on a laptop--i.e. NY or anywhere else you have to buy ExamSoft--do you know if we do the multiple choice sections online as well? Or do we get physical scantrons to bubble in for that? And do we get paper test booklets to mark up or do we do everything on the screen?
Basically, since I want to simulate the actual exam MBE, I'm trying to figure out if I should do Wednesday's simulated MBE on paper or on the computer.
No laptops on MBE day. It's all paper and scantron.
Got it, thanks, you guys! I guess I should be budgeting more time to fill those bubbles in.
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zot1

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by zot1 » Sun Jul 05, 2015 1:07 pm
This Secured Transactions guy is putting me to sleep . . .
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jadasistgoodja

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by jadasistgoodja » Sun Jul 05, 2015 2:02 pm
zot1 wrote:This Secured Transactions guy is putting me to sleep . . .
I felt myself getting angry at him so I had to go outside and calm myself down
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collegewriter

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by collegewriter » Sun Jul 05, 2015 2:07 pm
Does anyone know if we will get an email with instructions from the bar examiners? Such as what we can bring in, no laptops, etc.?
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zot1

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by zot1 » Sun Jul 05, 2015 2:11 pm
jadasistgoodja wrote:zot1 wrote:This Secured Transactions guy is putting me to sleep . . .
I felt myself getting angry at him so I had to go outside and calm myself down
He also doesn't quite follow the lecture handout, so I have quite a few blank lines...
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paulshortys10

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by paulshortys10 » Sun Jul 05, 2015 3:03 pm
zot1 wrote:jadasistgoodja wrote:zot1 wrote:This Secured Transactions guy is putting me to sleep . . .
I felt myself getting angry at him so I had to go outside and calm myself down
He also doesn't quite follow the lecture handout, so I have quite a few blank lines...
Just wondering - Who is the professor?
Also, do we get scratch paper for essays?
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zot1

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by zot1 » Sun Jul 05, 2015 3:08 pm
paulshortys10 wrote:zot1 wrote:jadasistgoodja wrote:zot1 wrote:This Secured Transactions guy is putting me to sleep . . .
I felt myself getting angry at him so I had to go outside and calm myself down
He also doesn't quite follow the lecture handout, so I have quite a few blank lines...
Just wondering - Who is the professor?
Also, do we get scratch paper for essays?
David Frisch from Richmond. He's terrible. I went through all lectures and for the first time after finishing a subject's lectures, I feel like I don't know anything.
On another note: How many people here are ready to take the simulated exams this week? I'm trying really hard to catch up since I got behind in order to do those exams, but wondering whether I should be rushing the learning process . . .
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EyeTwitchAllSummer

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by EyeTwitchAllSummer » Sun Jul 05, 2015 3:13 pm
I ABSOLUTELY CANNOT STAND PROFESSOR BIRDTHISTLE WHO DOES THE CORPORATIONS AGENCY LECTURES. I HAVE HAD TO STOP MYSELF FROM PUNCHING MY LAPTOP. THE FUCKER TALKS WAY TOO DAMN MUCH. WHY THEMIS PICKED THAT WINDBAG TO DO THE LECTURES IS UTTERLY BEYOND ME.
I JUST HAD TO GET THAT OFF MY CHEST. IN ALL CAPS.
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kjartan

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by kjartan » Sun Jul 05, 2015 3:15 pm
dunneab wrote:Just as a good sense impression:
I am averaging between 65-70% per individual MBE set.
The answer index would indicate that others are picking the correct answers 80% and upwards of the time.
Some people confirm that in their posts here.
Is it too low an average at this stage of the game? Is it a correct impression that people usu get higher?
you're assuming that the same 80% are consistently answering correctly.
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sd5289

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by sd5289 » Sun Jul 05, 2015 3:17 pm
Because I decided to enjoy the latter half of my Fourth with burgers, booze, explosions, and Xbox, I had to knock out the Graded Essay and Milestone #2 today. It is now after 3:00 and I'm at 0.7% done for the day, and Themis now wants me to do another 34-question PQ set.
LOL, no.
Maybe I'll just bite the bullet and knock out the Secured Transactions shit. Then I'll be done with everything substantive and can just spend the next 3 weeks outlining, memorizing, drilling, and practicing.
Re. 80%ers, um, I've never gotten above 75% on a practice MBE set, and am typical closer to 65%, and just got 85%+ on milestone #2 (though I think that's more because the subjects I'm better at are in that set...I'm terrible at half of the subjects in milestone 1).
Seriously? What are you waiting for?
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