February 2015 Bar Exam Forum

[PostL]

Hi, I'm taking the NY bar and have an evidence question. I was wondering if anyone might be able to explain the use of prior inconsistent statements in NY? I understand that because of the voucher rule, if you want to impeach your own witness with a PIS, it must have been sworn or in a signed writing and, in a criminal case, it can't come in for the truth. In a civil case, may a sworn/signed PIS come in for the truth? And can you impeach a non-party, adverse witness with a PIS that is not sworn/signed in either a criminal or civil case? Or does a PIS always need to be sworn/signed to be used for impeachment in NY? Thanks!

[dxchpwd]

Is anyone finding AMP useful? For me it's solid, but it's taking forever.
Please share your experience.

[jarofsoup]

Got a 131 on Kaplan's Midterm. Good sign?

[jarofsoup]

Is anyone finding AMP useful? For me it's solid, but it's taking forever.
Please share your experience.

AMP worked for some not for others. I thought it was useless.

[LAWYER2]

Is anyone finding AMP useful? For me it's solid, but it's taking forever.
Please share your experience.

Go through these quizlet flashcards sets before doing the corresponding AMP set. IMO, It'll speed things up quite a bit and help you retain the info better.

http://quizlet.com/ncruz3

[sparty99]

Is anyone finding AMP useful? For me it's solid, but it's taking forever.
Please share your experience.

Go through these quizlet flashcards sets before doing the corresponding AMP set. IMO, It'll speed things up quite a bit and help you retain the info better.

http://quizlet.com/ncruz3

Does anyone know where I can get a good Civ Pro outline? Or does someone have a good CivPro outline?

[Holly Golightly]

lol the bar is less than a month away. lolol I'm fucked.

[MichBar]

1. Anyone else feeling go back and forth from feeling cautiously optimistic to completely doomed?

2. I really hope the actual bar graders are a bit more charitable than Kaplan's essay graders, who refuse to give high marks unless you spit out the rules from outline verbatim and exactly as printed.

[numbertwo88]

1. Anyone else feeling go back and forth from feeling cautiously optimistic to completely doomed?

Yes. I'm freaking the fuck out and you'd think I'd have more of a grasp on things the second time around but ... nope. I don't. It's nerve wracking but I literally don't want to go through this again so I need to make the most of the next 4 weeks.

[txsunshine]

lol the bar is less than a month away. lolol I'm fucked.

[LAWYER2]

Stay positive! Its the two-week mark that tends to separate the men from the boys!

[MichBar]

I've heard repeatedly that things start coming together the last 1-2 weeks, which makes these next two weeks critical. I wouldn't feel as anxious if the bar companies weren't determined to crush my spirits with their essay grading. I have a book with student answers from previous tests and essays that sucked get 8's and 9's out of the 10 point Michigan scale. That same essay would give you a 3 or 4 with Kaplan. It's just hard to figure out where I actually stand.

[sparty99]

I've heard repeatedly that things start coming together the last 1-2 weeks, which makes these next two weeks critical. I wouldn't feel as anxious if the bar companies weren't determined to crush my spirits with their essay grading. I have a book with student answers from previous tests and essays that sucked get 8's and 9's out of the 10 point Michigan scale. That same essay would give you a 3 or 4 with Kaplan. It's just hard to figure out where I actually stand.

I mean, who cares about the graders. Stating the rule is like 70% of the battle. We can all do the rest. If you can remember the rule, you are just about there. And you don't need 10 out of 10. Just passing essay.

[TheFutureLawyer]

x

[numbertwo88]

Can someone explain these 2 statements to me? They're the rules for 2 civ pro questions I got wrong, one after the other, and I literally cannot understand why.

"With regard to procedure in a diversity action, if a procedural issue is addressed by a valid federal law, then the federal law will be applied, even if a state rule or statute is in conflict. Service of process is considered procedural, rather than substantive."

&

"In serving process in an action brought in federal court, the plaintiff can utilize the service of process rules of the forum state. It does not matter whether the court’s subject matter jurisdiction is based on diversity or federal question jurisdiction."

... the questions are about service of process specifically. Thanks!

[jarofsoup]

Can someone explain these 2 statements to me? They're the rules for 2 civ pro questions I got wrong, one after the other, and I literally cannot understand why.

"With regard to procedure in a diversity action, if a procedural issue is addressed by a valid federal law, then the federal law will be applied, even if a state rule or statute is in conflict. Service of process is considered procedural, rather than substantive."

&

"In serving process in an action brought in federal court, the plaintiff can utilize the service of process rules of the forum state. It does not matter whether the court’s subject matter jurisdiction is based on diversity or federal question jurisdiction."

... the questions are about service of process specifically. Thanks!

First, you can follow the federal procedures relating to service of process when sitting in diversity, even if they are different than the states laws b/c of Erie. Second, one of the methods of service of process that is permissible under the FCRP is the method of service that the states allow.

So basically...FRCP's methods of service will always be ok. They trump state law. One of the ways that you can serve process under the FRCP is the state's method of service.

[numbertwo88]

First, you can follow the federal procedures relating to service of process when sitting in diversity, even if they are different than the states laws b/c of Erie. Second, one of the methods of service of process that is permissible under the FCRP is the method of service that the states allow.

So basically...FRCP's methods of service will always be ok. They trump state law. One of the ways that you can serve process under the FRCP is the state's method of service.

Thank you!

[1234567888]

Took the Barbri mbe simulated exam today and scored a 140. To put this in perspective, last summer I scored a dismal 95/200. So these results are very positive at this stage...

[a male human]

Took the Barbri mbe simulated exam today and scored a 140. To put this in perspective, last summer I scored a dismal 95/200. So these results are very positive at this stage...

That's awesome!

[1234567888]

Took the Barbri mbe simulated exam today and scored a 140. To put this in perspective, last summer I scored a dismal 95/200. So these results are very positive at this stage...

That's awesome!

Thanks

[numbertwo88]

I just mapped out my entire study schedule for the month of February. I haven't studied in depth any of the MA-specific essays so it'll be a fun but the essays were my stronger point.

I find, in contrast to how I studied over the summer, that mapping out my weeks/days exactly have helped me a lot. Does anyone else do the same?

Can't believe February is literally around the corner!

[jarofsoup]

How can this explanation be right:

The U.S. Supreme Court has recognized a fundamental right to live with one's own family [Moore v. City of East Cleveland, 431 U.S. 494(1977)]. When government action infringes on a fundamental right, the government has the burden of proof to show that the infringement is necessary to advance a compelling government interest. This answer choice is the most correct statement of this rule, although it substitutes "important" for "compelling," and is better than all other answer choices given.

Barprep companies piss me off. This is intermediate scrutiny then and is completely wrong not the most right. It is still 100% wrong.

[a male human]

imagine doing sham questions

[dxchpwd]

Took the Barbri mbe simulated exam today and scored a 140. To put this in perspective, last summer I scored a dismal 95/200. So these results are very positive at this stage...

That's awesome!

Thanks

Just heads up. These are almost the same set of questions as last year simulation (Not counting Civ Pro). I remembered many of the answers as the questions seemed familiar. So, keep the hard work and good luck to you and to everyone.

[mazimi89]

Does anyone know where I can get a good Civ Pro outline? Or does someone have a good CivPro outline?

My civ pro outline is ok, but what I'm really going to recommend is picking up a copy of "Acing Civ Pro". I never used it 1L year, bombed civ pro, FREAKED OUT that it would get me during the bar but the book has really broken things down for me. Its around 200 pages but you don't need to actually read the whole thing if there are parts that you understand.