Themis Bar Review Hangout - July 2016 Forum

[Easy-E]

If I'm learning anything from Themis/AdaptiBar, it's that the bar examiners LOVE testing the Thirteenth Amendment. If that thing shows up in the choices, there's like a 90% chance it's the right answer.

Yes! I'm always thinking "well this a trap answer" but nope, someone is doing some work against their will to any degree, it's 13A (to be clear, that is not a rule statement...I haven't actually read 13A).

[ChocolateTruffle]

So I am doing the simulated essay exams today, the morning one right now, and it will not let me skip ahead to doing MPT number 2. Is this correct? I don't see a "next" button anywhere! This is very frustrating. I have to wait 40 minutes before I can do the second MPT? On the real bar exam, don't they let you go from essay to essay as you wish, or do they very strictly allocate the same amount of time for every essay (including the 6 multistate essays)??

[Fivedham]

If I'm learning anything from Themis/AdaptiBar, it's that the bar examiners LOVE testing the Thirteenth Amendment. If that thing shows up in the choices, there's like a 90% chance it's the right answer.

Yes! I'm always thinking "well this a trap answer" but nope, someone is doing some work against their will to any degree, it's 13A (to be clear, that is not a rule statement...I haven't actually read 13A).

...or if Congress is passing a law with the purpose of remedying private discrimination. It's a trap to get you to think 14th Amdt. DP/EP, but they throw in a private actor to make it 13th Amendment.

[Rahviveh]

If I'm learning anything from Themis/AdaptiBar, it's that the bar examiners LOVE testing the Thirteenth Amendment. If that thing shows up in the choices, there's like a 90% chance it's the right answer.

Yes! I'm always thinking "well this a trap answer" but nope, someone is doing some work against their will to any degree, it's 13A (to be clear, that is not a rule statement...I haven't actually read 13A).

...or if Congress is passing a law with the purpose of remedying private discrimination. It's a trap to get you to think 14th Amdt. DP/EP, but they throw in a private actor to make it 13th Amendment.

I hope we get those on the real thing because once you're aware of it it's easily dealt with.

Also, I did day 1 of the MBe videos and the guy is not very helpful. That said I'll do day 2 cause it's a way to force me to properly review the exam

[Chardee_MacDennis]

If I'm learning anything from Themis/AdaptiBar, it's that the bar examiners LOVE testing the Thirteenth Amendment. If that thing shows up in the choices, there's like a 90% chance it's the right answer.

Yes! I'm always thinking "well this a trap answer" but nope, someone is doing some work against their will to any degree, it's 13A (to be clear, that is not a rule statement...I haven't actually read 13A).

...or if Congress is passing a law with the purpose of remedying private discrimination. It's a trap to get you to think 14th Amdt. DP/EP, but they throw in a private actor to make it 13th Amendment.

I hope we get those on the real thing because once you're aware of it it's easily dealt with.

Also, I did day 1 of the MBe videos and the guy is not very helpful. That said I'll do day 2 cause it's a way to force me to properly review the exam

Yeah, I'm through the con law lectures, and he's essentially reading the answer explanations. Very little in the way of, look out for this trap.

[Vantwins]

If I'm learning anything from Themis/AdaptiBar, it's that the bar examiners LOVE testing the Thirteenth Amendment. If that thing shows up in the choices, there's like a 90% chance it's the right answer.

Yes! I'm always thinking "well this a trap answer" but nope, someone is doing some work against their will to any degree, it's 13A (to be clear, that is not a rule statement...I haven't actually read 13A).

...or if Congress is passing a law with the purpose of remedying private discrimination. It's a trap to get you to think 14th Amdt. DP/EP, but they throw in a private actor to make it 13th Amendment.

I hope we get those on the real thing because once you're aware of it it's easily dealt with.

Also, I did day 1 of the MBe videos and the guy is not very helpful. That said I'll do day 2 cause it's a way to force me to properly review the exam

Yeah, I'm through the con law lectures, and he's essentially reading the answer explanations. Very little in the way of, look out for this trap.

do they go through each question?? I'm not doing this till next week.

[Chardee_MacDennis]

If I'm learning anything from Themis/AdaptiBar, it's that the bar examiners LOVE testing the Thirteenth Amendment. If that thing shows up in the choices, there's like a 90% chance it's the right answer.

Yes! I'm always thinking "well this a trap answer" but nope, someone is doing some work against their will to any degree, it's 13A (to be clear, that is not a rule statement...I haven't actually read 13A).

...or if Congress is passing a law with the purpose of remedying private discrimination. It's a trap to get you to think 14th Amdt. DP/EP, but they throw in a private actor to make it 13th Amendment.

I hope we get those on the real thing because once you're aware of it it's easily dealt with.

Also, I did day 1 of the MBe videos and the guy is not very helpful. That said I'll do day 2 cause it's a way to force me to properly review the exam

Yeah, I'm through the con law lectures, and he's essentially reading the answer explanations. Very little in the way of, look out for this trap.

do they go through each question?? I'm not doing this till next week.

Every question. He's simply reading the answer explanations. Each video is about 10 mins on 2x speed.

[ChocolateTruffle]

So I am doing the simulated essay exams today, the morning one right now, and it will not let me skip ahead to doing MPT number 2. Is this correct? I don't see a "next" button anywhere! This is very frustrating. I have to wait 40 minutes before I can do the second MPT? On the real bar exam, don't they let you go from essay to essay as you wish, or do they very strictly allocate the same amount of time for every essay (including the 6 multistate essays)??

So my 90 minutes for the first MPT ended but it's not showing me the second MPT question. It still shows Question 1 of 2, but it's started counting down for the other 90 minutes. This makes no sense. Did anyone else have this problem?? Don't know what to do now.

[ndp1234]

So I am doing the simulated essay exams today, the morning one right now, and it will not let me skip ahead to doing MPT number 2. Is this correct? I don't see a "next" button anywhere! This is very frustrating. I have to wait 40 minutes before I can do the second MPT? On the real bar exam, don't they let you go from essay to essay as you wish, or do they very strictly allocate the same amount of time for every essay (including the 6 multistate essays)??

This happened to me, but only happened to the MPT portion. I was using Google Chrome. Just a glitch I guess. I just typed out my answers in Word (like I was going to do any way) and only typed one character in the box to get to move to the net question and complete that portion

[ChocolateTruffle]

So I am doing the simulated essay exams today, the morning one right now, and it will not let me skip ahead to doing MPT number 2. Is this correct? I don't see a "next" button anywhere! This is very frustrating. I have to wait 40 minutes before I can do the second MPT? On the real bar exam, don't they let you go from essay to essay as you wish, or do they very strictly allocate the same amount of time for every essay (including the 6 multistate essays)??

This happened to me, but only happened to the MPT portion. I was using Google Chrome. Just a glitch I guess. I just typed out my answers in Word (like I was going to do any way) and only typed one character in the box to get to move to the net question and complete that portion

But it won't even move on to question 2, so I don't even know which MPT to do for the second one. I typed in my answer for 1, time ran out, and it's stayed on question 1 (my answer is there too), and the top clock started counting down for the second 90 minutes. So frustrating!

[ndp1234]

So I am doing the simulated essay exams today, the morning one right now, and it will not let me skip ahead to doing MPT number 2. Is this correct? I don't see a "next" button anywhere! This is very frustrating. I have to wait 40 minutes before I can do the second MPT? On the real bar exam, don't they let you go from essay to essay as you wish, or do they very strictly allocate the same amount of time for every essay (including the 6 multistate essays)??

This happened to me, but only happened to the MPT portion. I was using Google Chrome. Just a glitch I guess. I just typed out my answers in Word (like I was going to do any way) and only typed one character in the box to get to move to the net question and complete that portion

But it won't even move on to question 2, so I don't even know which MPT to do for the second one. I typed in my answer for 1, time ran out, and it's stayed on question 1 (my answer is there too), and the top clock started counting down for the second 90 minutes. So frustrating!

For me, it made the buttons disappear once I scrolled down, so that's why I just put in one character and immediately hit next. I backed out and "started again" to get the buttons to come back.

[ndp1234]

OMG - For the simulated MBE contracts III video, the word pianist sounds too much like another word when you speed him up to 2x. Totally broke my concentration and focus.

[Easy-E]

First Trusts practice essay

[+] Spoiler

When addressing whether their was an unfulfilled material purpose, I discussed how the restriction on the husband's ability to remarry might be considered contrary to public policy, and could be struck from the trust, without invalidating it as a whole. Does this not apply? It wasn't in the practice answer, though I got to the same conclusion (can probably be blocked).

[rambleon65]

Just finished the AM session... In my one hour break...

Didn't realize that you were supposed to have finished all the non-Mixed set MBE PQs before attempting the simulation.... D'oh!

[Chardee_MacDennis]

I love Pushaw's explanation for every answer: "If you memorized the rule/law, then you would have got the answer easily."

I'll be sure to do that when I review.

[ndp1234]

Question about statutory mens rea. I was under the impression that statutory mens rea was strict liability unless otherwise stated. If the mental state is knowingly, then the actor has to knowingly just perform the act that is criminal, even if the actor doesn't know what he's doing is a crime. Can someone please explain the difference between these two questions. One is from a mixed set (want to say 5 or 6) and the other is from the simulated MBE.

[+] Spoiler

By federal statute, it is unlawful to possess any endangered species of fish or wildlife. Any person who knowingly violates this statute is guilty of a misdemeanor and is subject to a fine of not more than $50,000 or imprisonment of not more than six months, or both. Congress indicated that the statute should be applied as broadly as possible in order to accord the endangered species maximum protection.
Which of the following is likely the minimum that the prosecution must establish in order to obtain a conviction of a defendant found in the possession of an endangered bird?

Answers:

A. The defendant knew that the bird in her possession was a member of an endangered species.
B. The defendant knew that there was a federal statute that made possession of the bird a crime.
C. Correct Answer: The defendant knowingly possessed the bird.
D. The defendant possessed the bird.

vs. Simulated MBE question 15:

A law makes it a crime to “knowingly sell, distribute, or barter a sexually explicit film featuring actors younger than the age of majority.” The owner of an adult video store sold explicit videos in her store that featured 18-year-old actors, but she took reasonable steps to ensure that no videos featuring younger actors were sold in her store. The video store owner, however, incorrectly believed that the age of majority in the jurisdiction was 18; in fact, the age of majority was 19 years old. The owner was arrested and charged with violating the statute in a jurisdiction that has adopted the Model Penal Code. The prosecution does not contest that her error was made honestly. Should she nonetheless be convicted?

Answer Choices:
A. Yes, because the owner’s error was a mistake of law, which is not a valid defense.
B. Yes, because the owner knowingly sold the illegal videos.
C. No, because the owner’s error negated the requisite mens rea.
D. No, because the owner’s conscious objective was not to engage in selling the illicit videos.

Why does the error relieve liability in the Sim MBE question, but B is not the correct answer in the mixed set question?

Thanks!

[mu13ski]

Just finished the AM session... In my one hour break...

Didn't realize that you were supposed to have finished all the non-Mixed set MBE PQs before attempting the simulation.... D'oh!

Really? I've still got a couple left to go and did the simulated MBE. Why would it matter?

[Chardee_MacDennis]

Question about statutory mens rea. I was under the impression that statutory mens rea was strict liability unless otherwise stated. If the mental state is knowingly, then the actor has to knowingly just perform the act that is criminal, even if the actor doesn't know what he's doing is a crime. Can someone please explain the difference between these two questions. One is from a mixed set (want to say 5 or 6) and the other is from the simulated MBE.

[+] Spoiler

By federal statute, it is unlawful to possess any endangered species of fish or wildlife. Any person who knowingly violates this statute is guilty of a misdemeanor and is subject to a fine of not more than $50,000 or imprisonment of not more than six months, or both. Congress indicated that the statute should be applied as broadly as possible in order to accord the endangered species maximum protection.
Which of the following is likely the minimum that the prosecution must establish in order to obtain a conviction of a defendant found in the possession of an endangered bird?

Answers:

A. The defendant knew that the bird in her possession was a member of an endangered species.
B. The defendant knew that there was a federal statute that made possession of the bird a crime.
C. Correct Answer: The defendant knowingly possessed the bird.
D. The defendant possessed the bird.

vs. Simulated MBE question 15:

A law makes it a crime to “knowingly sell, distribute, or barter a sexually explicit film featuring actors younger than the age of majority.” The owner of an adult video store sold explicit videos in her store that featured 18-year-old actors, but she took reasonable steps to ensure that no videos featuring younger actors were sold in her store. The video store owner, however, incorrectly believed that the age of majority in the jurisdiction was 18; in fact, the age of majority was 19 years old. The owner was arrested and charged with violating the statute in a jurisdiction that has adopted the Model Penal Code. The prosecution does not contest that her error was made honestly. Should she nonetheless be convicted?

Answer Choices:
A. Yes, because the owner’s error was a mistake of law, which is not a valid defense.
B. Yes, because the owner knowingly sold the illegal videos.
C. No, because the owner’s error negated the requisite mens rea.
D. No, because the owner’s conscious objective was not to engage in selling the illicit videos.

Why does the error relieve liability in the Sim MBE question, but B is not the correct answer in the mixed set question?

Thanks!

[+] Spoiler

B/c common law v. MPC. Under common law, mistake of fact is never a defense for strict-liability crimes. Under MPC, a mistake that negates the required mens rea is valid.

[mu13ski]

So the consensus is that there is really no value in watching these MBE Analysis videos?

[ultimolugar]

If I'm learning anything from Themis/AdaptiBar, it's that the bar examiners LOVE testing the Thirteenth Amendment. If that thing shows up in the choices, there's like a 90% chance it's the right answer.

I've developed a similar theory with criminal defendants... if there is one, he's fucked.

[ndp1234]

So the consensus is that there is really no value in watching these MBE Analysis videos?

I like his attack plans for some of these subjects a little better than Lisa's. His evidence process was really helpful to me.

[Fivedham]

So the consensus is that there is really no value in watching these MBE Analysis videos?

No, I'm actually getting stuff out of it. In the contracts lecture, he gives a solid tip on seeing what kind of question you're looking at by searching for keywords.

[Chardee_MacDennis]

So the consensus is that there is really no value in watching these MBE Analysis videos?

I'd still recommend it, if only for a forced review of the ones you answered incorrectly.

[Nebby]

Damn how did I get wrecked on Crim law so hard. I went 6/15 on the simulated MBE

[Nebby]

So the consensus is that there is really no value in watching these MBE Analysis videos?

I'd still recommend it, if only for a forced review of the ones you answered incorrectly.

I skipped them. I'll get just as much out of reviewing them myself as I would listen to some other dude do it for me. I think it's dependent on how an individual learns