Themis Bar Review Hangout - July 2016 Forum

[Mayakovsky]

Back to the grind today. My focus isn't 100% there yet, so I might just try and plow through my last lectures today and review my outlines against my missed PQs.

Happy 4th

Right there with you, today. Hang in there.

[Nebby]

This is the craziest fucking Depraved Heart murder question I have ever encountered.... (how the fuck does anyone get this one right???)

[+] Spoiler

A store clerk had been working at a convenience store for four years when a new owner took over. On the second day the new owner was at the store, she fired the clerk. The clerk was so angry that he decided to kill the new owner. However, he knew the store was frequented by police officers, and he was afraid of being seen, caught, arrested, or even shot. When he arrived home, the clerk told his girlfriend, whom he knew to be vengeful and easily provoked to violence, that the new owner had made sexual advances towards him. The girlfriend became extremely angry and said, “I want to kill her.” The clerk said, “I would, too, if I were you. I’d kill her so fast she wouldn’t know what hit her.”
The girlfriend grabbed a large machete from the garage and headed to the store. As she was walking into the store, a police officer outside the store saw her and, believing she was going to kill someone, shot her. The girlfriend died from the gunshot.

If the state charges the clerk with the murder of the girlfriend, is he likely to be convicted?

A Yes, because he acted with a depraved heart.
B Yes, because his intent to kill the storeowner transferred to the girlfriend.
C No, because he never intended his girlfriend to be shot.
D No, because the Redline doctrine prevents his conviction for the girlfriend’s death.

[kay2016]

So is everyone planning on doing the simulation this week?

I just finished the last lecture.. I'm worried about the MEE essays, I haven't been doing them without the FRO's and I don't think I have anything memorized for the non-MBE topics so I'm not sure that the timing is best for me right this second.

[Vantwins]

So is everyone planning on doing the simulation this week?

I just finished the last lecture.. I'm worried about the MEE essays, I haven't been doing them without the FRO's and I don't think I have anything memorized for the non-MBE topics so I'm not sure that the timing is best for me right this second.

I need to review more first. I did a Civ Pro PQ set on Sat morning, got 55%, studied my flash cards all day, added in notes from MBE PQs I've gotten wrong, took another set at the end of the day and got 65%. I feel like I need to go back and do that for each MBE subject and then do the MBE practice day. I'm behind those who've done a bunch of mixed set PQs already though.

[kishy]

So is everyone planning on doing the simulation this week?

I just finished the last lecture.. I'm worried about the MEE essays, I haven't been doing them without the FRO's and I don't think I have anything memorized for the non-MBE topics so I'm not sure that the timing is best for me right this second.

I need to review more first. I did a Civ Pro PQ set on Sat morning, got 55%, studied my flash cards all day, added in notes from MBE PQs I've gotten wrong, took another set at the end of the day and got 65%. I feel like I need to go back and do that for each MBE subject and then do the MBE practice day. I'm behind those who've done a bunch of mixed set PQs already though.

I don't feel anywhere near ready for my state m/c simulation. Just got a 52% on my last set of Wills questions. And Wills is one of my favorite subjects. WTF?

I'm pretty happy with Themis in general, but I wish they would let me practice on the m/c questions I got wrong. I think that Barbri recycles your incorrect questions through your sets again. That would help me a lot.

[kay2016]

So is everyone planning on doing the simulation this week?

I just finished the last lecture.. I'm worried about the MEE essays, I haven't been doing them without the FRO's and I don't think I have anything memorized for the non-MBE topics so I'm not sure that the timing is best for me right this second.

I need to review more first. I did a Civ Pro PQ set on Sat morning, got 55%, studied my flash cards all day, added in notes from MBE PQs I've gotten wrong, took another set at the end of the day and got 65%. I feel like I need to go back and do that for each MBE subject and then do the MBE practice day. I'm behind those who've done a bunch of mixed set PQs already though.

Same. I haven't done any of the mixed sets yet, I've done about 4 of the sets per isolated topic.

[Easy-E]

This is the craziest fucking Depraved Heart murder question I have ever encountered.... (how the fuck does anyone get this one right???)

[+] Spoiler

A store clerk had been working at a convenience store for four years when a new owner took over. On the second day the new owner was at the store, she fired the clerk. The clerk was so angry that he decided to kill the new owner. However, he knew the store was frequented by police officers, and he was afraid of being seen, caught, arrested, or even shot. When he arrived home, the clerk told his girlfriend, whom he knew to be vengeful and easily provoked to violence, that the new owner had made sexual advances towards him. The girlfriend became extremely angry and said, “I want to kill her.” The clerk said, “I would, too, if I were you. I’d kill her so fast she wouldn’t know what hit her.”
The girlfriend grabbed a large machete from the garage and headed to the store. As she was walking into the store, a police officer outside the store saw her and, believing she was going to kill someone, shot her. The girlfriend died from the gunshot.

If the state charges the clerk with the murder of the girlfriend, is he likely to be convicted?

A Yes, because he acted with a depraved heart.
B Yes, because his intent to kill the storeowner transferred to the girlfriend.
C No, because he never intended his girlfriend to be shot.
D No, because the Redline doctrine prevents his conviction for the girlfriend’s death.

I actually got this one but had zero confidence in my choice since I've been wrong about depraved heart every other time it's an option.

[ndp1234]

So is everyone planning on doing the simulation this week?

I just finished the last lecture.. I'm worried about the MEE essays, I haven't been doing them without the FRO's and I don't think I have anything memorized for the non-MBE topics so I'm not sure that the timing is best for me right this second.

I need to review more first. I did a Civ Pro PQ set on Sat morning, got 55%, studied my flash cards all day, added in notes from MBE PQs I've gotten wrong, took another set at the end of the day and got 65%. I feel like I need to go back and do that for each MBE subject and then do the MBE practice day. I'm behind those who've done a bunch of mixed set PQs already though.

Same. I haven't done any of the mixed sets yet, I've done about 4 of the sets per isolated topic.

Mixed sets are a confidence booster (unless you get a really hard one.) My scores went up per set since it wasn't all one topic.

[mu13ski]

So is everyone planning on doing the simulation this week?

I just finished the last lecture.. I'm worried about the MEE essays, I haven't been doing them without the FRO's and I don't think I have anything memorized for the non-MBE topics so I'm not sure that the timing is best for me right this second.

No way I feel ready. Definitely won't do the MEE essays as scheduled. Probably use the next couple days to review and then tackle it.

[alicen]

speaking of con law set #6...

[+] Spoiler

A Congressional statute provides that any state that does not enact a statute requiring its residents to have car insurance for all personal vehicles will receive a drastically reduced amount of federal funding for road repair. A state refuses to enact such a statute because it does not want to discourage car purchases by those who cannot afford insurance premiums. The federal statute relating to disbursement of highway funds conditioned on the insurance requirement is probably

A. Unconstitutional.
B. Constitutional only on the basis of the spending power.
C. Constitutional only on the basis of the commerce power.
D. Constitutional on the basis of both the spending power and the commerce power.


Why isn't this statute considered to be unconstitutional commandeering/coercion?

[TLSModBot]

speaking of con law set #6...

[+] Spoiler

A Congressional statute provides that any state that does not enact a statute requiring its residents to have car insurance for all personal vehicles will receive a drastically reduced amount of federal funding for road repair. A state refuses to enact such a statute because it does not want to discourage car purchases by those who cannot afford insurance premiums. The federal statute relating to disbursement of highway funds conditioned on the insurance requirement is probably

A. Unconstitutional.
B. Constitutional only on the basis of the spending power.
C. Constitutional only on the basis of the commerce power.
D. Constitutional on the basis of both the spending power and the commerce power.


Why isn't this statute considered to be unconstitutional commandeering/coercion?

It's actually kind of a gray area. We know that withholding a small % of funds is constitutional under spending per SD v. Dole, and we know withholding ALL of a certain category of funds is unconstitutional coercion (per the recentish ACA decision), but within that range we don't really know where the cutoff is, although the safe bet is usually "constitutional" because the gov can get away with a lot under the spending power. It's fine under commerce (though this one threw me) probable because of the proximate effect cars and travel have on interstate commerce, giving Congress a pretty free hand to regulate.

[Nebby]

speaking of con law set #6...

[+] Spoiler

A Congressional statute provides that any state that does not enact a statute requiring its residents to have car insurance for all personal vehicles will receive a drastically reduced amount of federal funding for road repair. A state refuses to enact such a statute because it does not want to discourage car purchases by those who cannot afford insurance premiums. The federal statute relating to disbursement of highway funds conditioned on the insurance requirement is probably

A. Unconstitutional.
B. Constitutional only on the basis of the spending power.
C. Constitutional only on the basis of the commerce power.
D. Constitutional on the basis of both the spending power and the commerce power.


Why isn't this statute considered to be unconstitutional commandeering/coercion?

It's actually kind of a gray area. We know that withholding a small % of funds is constitutional under spending per SD v. Dole, and we know withholding ALL of a certain category of funds is unconstitutional coercion (per the recentish ACA decision), but within that range we don't really know where the cutoff is, although the safe bet is usually "constitutional" because the gov can get away with a lot under the spending power. It's fine under commerce (though this one threw me) probable because of the proximate effect cars and travel have on interstate commerce, giving Congress a pretty free hand to regulate.

Yeah, and Sebelius is a methodologically fucked opinion and would be very surprised if it takes root as the premier Spending Power case.

[BigZuck]

^nerds

[BarPreppin'12]

Who is taking the Simulated Florida Exam tomorrow?

[psm11]

So is everyone planning on doing the simulation this week?

I just finished the last lecture.. I'm worried about the MEE essays, I haven't been doing them without the FRO's and I don't think I have anything memorized for the non-MBE topics so I'm not sure that the timing is best for me right this second.

Any idea what score we should be hitting on the simulated MBE? I know if I don't hit whatever they set it's going to mess with me and wreck any confidence I have in myself.

[livinlaw]

Who is taking the Simulated Florida Exam tomorrow?

I actually did it today because I'm out of town this weekend and need to take Saturday off instead of today. I didn't think it was that bad (although my essays leave a lot to be desired), but, I don't know my score yet because I can't input my M/C. I might change my mind tmrw

[Nebby]

Simulated essay day today.

I don't wanna

[unidentifiable]

Simulated essay day today.

I don't wanna

Likewise. Laaaaaaaame.

[kishy]

Who is taking the Simulated Florida Exam tomorrow?

I'm taking Florida today. Reviewing civ pro right now. There's no way I'm prepared.

[ultimolugar]

Who is taking the Simulated Florida Exam tomorrow?

I'm taking Florida today. Reviewing civ pro right now. There's no way I'm prepared.

So I started to do the essays, and it had two timers... a 3 minute timer and a 180 minute timer. After 3 minutes, it said that I had exceeded my time limit and kicked me out.

[Chardee_MacDennis]

Simulated essay day today.

I don't wanna

I don't think I'm going to actually write every essay, especially not the MPT. I'll probably outline each one pretty thoroughly but stop short of writing. I'd rather spend that time reviewing.

[livinlaw]

Who is taking the Simulated Florida Exam tomorrow?

I'm taking Florida today. Reviewing civ pro right now. There's no way I'm prepared.

I got a 49% (...I commented yesterday that I didn't think it "that bad" lol!) The average is 58% (but that might change as the day goes on and more people finish it?). I do wish Themis would tell us what the goal is, but I assume it's probably not 49% at this point. It's frustrating because for Florida I feel like there aren't enough practice state MC questions. Are we just supposed to learn the law by doing the essays and then never have practice w/MC? Like, there's one family law practice set and it's only to do with dependency. wtf.

[Vantwins]

Those taking state specific tests - when it says in the commercial paper handout that there are state distinctions - i.e. infancy is a defense in states where K with minors are void or voidable - we're supposed to figure out on our own what our state does? MD in my case. Infancy is voidable in MD, btw, but there's a bunch of these in the commercial paper handout!

[Rahviveh]

Yeah I did the simulated essays today. Did fine on the MBE topics but couldn't do shit on the MEE topics. Guess it's back to reviewing those.

[Vantwins]

Yeah I did the simulated essays today. Did fine on the MBE topics but couldn't do shit on the MEE topics. Guess it's back to reviewing those.

you did it already, i thought it was a 6 hour test??

I'm waiting till next week. It's pointless until I get a chance to review everything!