Themis Bar Review Hangout - July 2015 Exam Forum

[always_raining]

Can someone explain this Contract question?

[+] Spoiler

A beverage distributor agreed, in writing, with a cola company to serve for three years as a distributor in a six-county area of the cola company's cola, which contains a small amount of caffeine. The distributor promised in the contract to "promote in good faith the sale of the cola company's cola" in that area; but the contract said nothing about restrictions on the products that the distributor could distribute. Six months later, the distributor agreed with another cola company to distribute its caffeine-free cola beverages in the same six-county area.

If the first cola company sues the distributor for breach of their distribution contract, which of the following facts, if established, would most strengthen the cola company's case?
A. The second cola company's national advertising campaign disparages the first cola company's product by saying, "You don't need caffeine, and neither does your cola."

B. Since the distributor began to distribute the second cola company's cola, the sales of the first cola company's cola have dropped 3% in the six-county area.

C. Prior to signing the contract with the first cola company, a representative of the distributor said that the deal with the first cola company would be "an exclusive."

Correct Answer D. For many years in the soft-drink industry, it has been uniform practice for distributors to handle only one brand of cola.

I chose A, because I thought getting a contract with a new company that actively disparaged the current company would not be promoting in good faith. I was trying to decide between A and D but I dont see why A is a worse answer. Can someone explain why A is incorrect?

[misterjames]

is anyone else dealing with some serious eye strain these days? i swear by mid-afternoon my vision becomes absolute shit

[skrubba5025]

is anyone else dealing with some serious eye strain these days? i swear by mid-afternoon my vision becomes absolute shit

I just got through my 3rd set of MBE questions for the day after two essays and two topic reviews. I was straining to see the screen by question 12/34. Shits rough man.

[always_raining]

Seriously, WHY do so many of these questions say "which of the following IF TRUE is the best defense" and then the explanation says that the answer choice is not true? WHYYYYY

I just did a contract question that was worded that way and the explanation says "nothing in the fact pattern suggests it is true." EXCEPT THE QUESTION TELLS ME TO ASSUME IT IS TRUE, DOES IT NOT??

Ugh, sorry, needed to rant. I don't understand how I'm the only person who gets tripped up by these stupid questions.

[sd5289]

Seriously, WHY do so many of these questions say "which of the following IF TRUE is the best defense" and then the explanation says that the answer choice is not true? WHYYYYY

I just did a contract question that was worded that way and the explanation says "nothing in the fact pattern suggests it is true." EXCEPT THE QUESTION TELLS ME TO ASSUME IT IS TRUE, DOES IT NOT??

Ugh, sorry, needed to rant. I don't understand how I'm the only person who gets tripped up by these stupid questions.

I hear ya, trust me. I absolutely hate these questions, and no, you're not alone. I've also noticed the answer explanations have gotten more and more "LOL YOU'RE STOOPID" lately. Maybe that's just me.

[sd5289]

Aaaaaand just found out the city is doing a canyon of heroes parade for the USWNT this Friday.

Sorry Themis, I gots places to be on Friday.

[anon sequitur]

Yeah, those "if true" questions are the worst, and the explanations on the weirder questions seem like they're just taking their best shot at figuring out what the hell NCBE was thinking, but mostly giving up. Like half-assed explanation for the rule for the correct answer and then "and this also disproves B, C and D".

You're not the only one getting tripped up by that, even people killing the MBE can't get them all. 80% correct puts you into something like 95th percentile. There's like 5-10% of the questions that are just shittily written, like I don' t think I could get more than 95/100 right even with open book, unlimited time. Just try to take what you can from the shitty questions and move on. (Not that I am able to follow this advice, I was about to throw my computer against the wall last night on some K questions).

[soj]

.

[sd5289]

Yeah, those "if true" questions are the worst, and the explanations on the weirder questions seem like they're just taking their best shot at figuring out what the hell NCBE was thinking, but mostly giving up. Like half-assed explanation for the rule for the correct answer and then "and this also disproves B, C and D".

You're not the only one getting tripped up by that, even people killing the MBE can't get them all. 80% correct puts you into something like 95th percentile. There's like 5-10% of the questions that are just shittily written, like I don' t think I could get more than 95/100 right even with open book, unlimited time. Just try to take what you can from the shitty questions and move on. (Not that I am able to follow this advice, I was about to throw my computer against the wall last night on some K questions).

Was it set #5? Cause I nearly lost my shit during that today.

[Pleasye]

wait some state have multiple choice questions? I'm so jelly.

[AALA_Confused]

is anyone else dealing with some serious eye strain these days? i swear by mid-afternoon my vision becomes absolute shit

I just got through my 3rd set of MBE questions for the day after two essays and two topic reviews. I was straining to see the screen by question 12/34. Shits rough man.

It's been like that for the last week or so. I thought maybe I should adjust my screen brightness...but then it's too dark. We're all going to be blind before this is over.

[Mad Hatter]

IL bros: how do we see where we are taking the bar? Is everyone at UIC Forum?

[sd5289]

wait some state have multiple choice questions? I'm so jelly.

I haven't started the NY MC questions yet, but from the consensus on here, they're terrible, so don't be.

[Pleasye]

wait some state have multiple choice questions? I'm so jelly.

I haven't started the NY MC questions yet, but from the consensus on here, they're terrible, so don't be.

I just like MC waaaay more than essays. What's the set up of the NY exam?

[henry flower]

Commercial Paper is the worst thing ever. That's all.

[always_raining]

wait some state have multiple choice questions? I'm so jelly.

Half essays and half multiple choice.

[MrBriggs360]

wait some state have multiple choice questions? I'm so jelly.

I haven't started the NY MC questions yet, but from the consensus on here, they're terrible, so don't be.

I just like MC waaaay more than essays. What's the set up of the NY exam?

Day One – 5 essays, 50 MC, MPT
Day Two – 200 MBE

[milesdavisjd]

IL bros: how do we see where we are taking the bar? Is everyone at UIC Forum?

I'm not a bro, I'm a "lady", but yes, I think we're all at UIC Forum.

[Mad Hatter]

IL bros: how do we see where we are taking the bar? Is everyone at UIC Forum?

I'm not a bro, I'm a "lady", but yes, I think we're all at UIC Forum.

Thanks. I was just confused because of this page:

https://www.ilbaradmissions.org/allnews.action

[Pleasye]

Day One – 5 essays, 50 MC, MPT
Day Two – 200 MBE

Damn still sounds miserable, but at least you guys don't have a third day?

[milesdavisjd]

IL bros: how do we see where we are taking the bar? Is everyone at UIC Forum?

I'm not a bro, I'm a "lady", but yes, I think we're all at UIC Forum.

Thanks. I was just confused because of this page:

https://www.ilbaradmissions.org/allnews.action

Now that you mentioned it, I got freaked out and tried to find a message saying my exact test location, and I couldn't find one. I "think" we will get official confirmation 2 weeks before the exam, but now I am going to ask someone!

[Lawbro]

Anyone in NY have materials on Commercial Paper? I don't seem to have any outlines or lectures on it, so maybe it's not even on the NY Bar anymore?

[sdphill]

IL bros: how do we see where we are taking the bar? Is everyone at UIC Forum?

I'm not a bro, I'm a "lady", but yes, I think we're all at UIC Forum.

Thanks. I was just confused because of this page:

https://www.ilbaradmissions.org/allnews.action

Have either of you heard from them lately? The last e-mail I got from them was the confirmation that I was taking the exam on a computer.

[zor]

A supermarket is in a section of town where there are sometimes street fights and where pedestrians are occasionally the victims of pickpockets and muggers. In recognition of the unusual number of robberies in the area, the supermarket posted signs in the store and in its parking lot that read: Warning: There are pickpockets and muggers at work in this part of the city. The supermarket is not responsible for the acts of criminals. One evening, the plaintiff drove to the supermarket to see about a special on turkeys that the supermarket was advertising. She decided that the turkeys were too large and left the store without purchasing anything. In the parking lot, she was attacked by an unknown man who raped her and then ran away. If the plaintiff sues the supermarket, the result should be for the...

You know, just a normal everyday tort question.

[2014]

Can someone explain this Contract question?

[+] Spoiler

A beverage distributor agreed, in writing, with a cola company to serve for three years as a distributor in a six-county area of the cola company's cola, which contains a small amount of caffeine. The distributor promised in the contract to "promote in good faith the sale of the cola company's cola" in that area; but the contract said nothing about restrictions on the products that the distributor could distribute. Six months later, the distributor agreed with another cola company to distribute its caffeine-free cola beverages in the same six-county area.

If the first cola company sues the distributor for breach of their distribution contract, which of the following facts, if established, would most strengthen the cola company's case?
A. The second cola company's national advertising campaign disparages the first cola company's product by saying, "You don't need caffeine, and neither does your cola."

B. Since the distributor began to distribute the second cola company's cola, the sales of the first cola company's cola have dropped 3% in the six-county area.

C. Prior to signing the contract with the first cola company, a representative of the distributor said that the deal with the first cola company would be "an exclusive."

Correct Answer D. For many years in the soft-drink industry, it has been uniform practice for distributors to handle only one brand of cola.

I chose A, because I thought getting a contract with a new company that actively disparaged the current company would not be promoting in good faith. I was trying to decide between A and D but I dont see why A is a worse answer. Can someone explain why A is incorrect?

Imo D is better because it's completely inconsistent with the contract in that per region norm the distributor would no longer be promoting product 1 at all.

A on the other hand could still be consistent regionally if the national advertising campaign doesn't reach the region or if they are still actively selling the product. Alternatively, the ad campaign attacks cola generally, not the company's product.

I still feel the frustration, custom questions in particular are annoying to me since they are apt to ignore custom in other situations when it suits them.