Themis Bar Review Hangout - July 2015 Exam Forum

[sd5289]

I'm about halfway through a NY MC set, and am about to throw myself out a window. I have zero idea where half of these are coming from. WHERE were we supposed to pick up all of these obscure rules from, cause I clearly missed it.

For example, where did we "learn" this:

[+] Spoiler

Answer choice B is correct. Civil cases are generally tried in the order in which notes of issue have been filed (CPLR 3402), but an action to recover damages for personal injuries if the plaintiff is terminally ill and alleges that such terminal illness is a result of the conduct, culpability, or negligence of the defendant, entitles the party to a preference, and thus, answer choice D is incorrect. Answer choice A is incorrect because in order for age to provide a preference, the party must be no less than 70 years of age. Answer choice C is incorrect because there is no trial preference for product liability claims.

I've looked through my entire NY Practice and NY Torts handout and cannot find it.

[gr8scOtt!]

I have zero idea where half of these are coming from. WHERE were we supposed to pick up all of these obscure rules from

We are all supposed to be psychics by this point, didn't you know?

[sd5289]

I have zero idea where half of these are coming from. WHERE were we supposed to pick up all of these obscure rules from

We are all supposed to be psychics by this point, didn't you know?

I just got destroyed by that.

I'm obviously failing this shit.

Wtf

[Confused7]

I'm about halfway through a NY MC set, and am about to throw myself out a window. I have zero idea where half of these are coming from. WHERE were we supposed to pick up all of these obscure rules from, cause I clearly missed it.

For example, where did we "learn" this:

[+] Spoiler

Answer choice B is correct. Civil cases are generally tried in the order in which notes of issue have been filed (CPLR 3402), but an action to recover damages for personal injuries if the plaintiff is terminally ill and alleges that such terminal illness is a result of the conduct, culpability, or negligence of the defendant, entitles the party to a preference, and thus, answer choice D is incorrect. Answer choice A is incorrect because in order for age to provide a preference, the party must be no less than 70 years of age. Answer choice C is incorrect because there is no trial preference for product liability claims.

I've looked through my entire NY Practice and NY Torts handout and cannot find it.

Wtf, this rings 0 bells

[sd5289]

Maybe I'm just losing it, but tell me I'm not.

Con Law set #5 (hard, but I've got this area so can get my way through). On a question that deals with fundamental rights. Here you are:

[+] Spoiler

A state statute requires the permanent removal from parental custody of any child who has suffered "child abuse." That term is defined to include "corporal punishment of any sort." A father very gently spanks his six-year old son on the buttocks whenever he believes that spanking is necessary to enforce discipline on him. Such a spanking occurs not more than once a month and has never physically harmed the child. The state files suit under the statute to terminate the father's parental rights solely because of these spankings. The father defends only on the ground that the statute in question is unconstitutional as applied to his admitted conduct.

In light of the nature of the rights involved, which of the following is the most probable burden of persuasion on this constitutional issue?

Me: "oh yeah, that's a fundamental right lemme go look for that compelling interest standard!"

NONE of the answer choices have that. I check the next level answer, which is A ("important" Gov't interest) and that is "correct," a/k/a: "The state has the burden of persuading the court that the application of this statute to the father is necessary to vindicate an important state interest."

Themis, that is just fucking wrong according to their own answer explanation: "Answer choice A is correct. In a question involving fundamental rights, such as parental rights, any state action will be held to strict scrutiny. The government must prove that it has a compelling state interest, the law is narrowly tailored to further this interest, and there are no less restrictive means to achieve the interest."

/rant

[hephaestus]

Is anyone else having problems stagnating on the MBE? Keep hitting mid/high 50s to low 60s, can't seem to make the jump to 65. I went over the lecture handouts, long outlines, made some of my own mini outlines in onenote, so I feel like knowledge of the law is not the issue, so it must be something with how I am approaching/thinking through the questions. How have others dealt with this?

[kgus22]

I'm about halfway through a NY MC set, and am about to throw myself out a window. I have zero idea where half of these are coming from. WHERE were we supposed to pick up all of these obscure rules from, cause I clearly missed it.

For example, where did we "learn" this:

[+] Spoiler

Answer choice B is correct. Civil cases are generally tried in the order in which notes of issue have been filed (CPLR 3402), but an action to recover damages for personal injuries if the plaintiff is terminally ill and alleges that such terminal illness is a result of the conduct, culpability, or negligence of the defendant, entitles the party to a preference, and thus, answer choice D is incorrect. Answer choice A is incorrect because in order for age to provide a preference, the party must be no less than 70 years of age. Answer choice C is incorrect because there is no trial preference for product liability claims.

I've looked through my entire NY Practice and NY Torts handout and cannot find it.

I actually remember reading this somewhere. I can't tell you where it was, but it exists in the materials somewhere. Its probably in the NY practice long outline.

[habz]

I recognize it is a terrible law joke but these NY multiple choice questions should be dismissed as "truly obnoxious". Please tell me that Themis is messing with us!

[zot1]

Is anyone else having problems stagnating on the MBE? Keep hitting mid/high 50s to low 60s, can't seem to make the jump to 65. I went over the lecture handouts, long outlines, made some of my own mini outlines in onenote, so I feel like knowledge of the law is not the issue, so it must be something with how I am approaching/thinking through the questions. How have others dealt with this?

Are there specific topics within the subjects that you regularly get wrong? If so, I'd start there.

If not, I would look at your response time per question. Do you take too little time going through the question? Maybe it would help you more to write out things that would help you answer the question?

Finally, when you get the questions wrong and look at the explanation for the correct answer, does it conform to your understanding of the law?

I hope this is a start...

[soj]

.

[Mad Hatter]

Is anyone else having problems stagnating on the MBE? Keep hitting mid/high 50s to low 60s, can't seem to make the jump to 65. I went over the lecture handouts, long outlines, made some of my own mini outlines in onenote, so I feel like knowledge of the law is not the issue, so it must be something with how I am approaching/thinking through the questions. How have others dealt with this?

One thing I've found helpful is to avoid going too quickly. I've started to always read all four answers and give them a second or two of consideration, always read the prompt with 100% focus right up to the end (since that will contain what the person is suing under or whatever), and always narrow it down to at least two answers. I no longer end the sets a couple minutes early, but that's a small price for the % correct going up.

[zot1]

Someone tell me to do work. This Wimbledon match is too legit to quit.

[gr8scOtt!]

Someone tell me to do work. This Wimbledon match is too legit to quit.

Do you want to be taking this again in Feb? No? Then get to work!

[somuchbooty]

Why do the PQ's in Section 5 for each subject seem substantially easier? Are they trying to make it seem like you're progressing? They're T-ball questions compared to the first 4 sections. I'm not tricked, Themis.

[zot1]

Why do the PQ's in Section 5 for each subject seem substantially easier? Are they trying to make it seem like you're progressing? They're T-ball questions compared to the first 4 sections. I'm not tricked, Themis.

I barely got through the Property 5 set. It was ROUGH.

[zot1]

Someone tell me to do work. This Wimbledon match is too legit to quit.

Do you want to be taking this again in Feb? No? Then get to work!

Lol I do not. Thankfully it is over now.

BAR PREP!

[somuchbooty]

Why do the PQ's in Section 5 for each subject seem substantially easier? Are they trying to make it seem like you're progressing? They're T-ball questions compared to the first 4 sections. I'm not tricked, Themis.

I barely got through the Property 5 set. It was ROUGH.

I've gotten in the 80%s for PQ5's and I'm usually in the 60's. So I'm confused, and maybe just paranoid. I need a week at a beach soon.

[zot1]

Why do the PQ's in Section 5 for each subject seem substantially easier? Are they trying to make it seem like you're progressing? They're T-ball questions compared to the first 4 sections. I'm not tricked, Themis.

I barely got through the Property 5 set. It was ROUGH.

I've gotten in the 80%s for PQ5's and I'm usually in the 60's. So I'm confused, and maybe just paranoid. I need a week at a beach soon.

My understanding is that not everyone gets the same questions per set. I think someone also mentioned that you usually get questions you're weaker on. So I think that's why set 5 for Property was a slaughter for me.

[zot1]

I just noticed that the Con Law outline says on the first page that a state may be sued for money damages in a sister state's court. Isn't this completely incorrect? I remember in my law school class discussing that the 11th Amendment would bar such suits as well.

[UnamSanctam]

I just noticed that the Con Law outline says on the first page that a state may be sued for money damages in a sister state's court. Isn't this completely incorrect? I remember in my law school class discussing that the 11th Amendment would bar such suits as well.

Nevada v Hall has been rarely used but is, I think, technically good law. Unlikely to come up on the bar anyway.

[smalogna]

NYers I found this tidbit online on frequency of topics appearing on essays. Soooo that time I spent on conflicts of laws wasn't the best use of my time.

Administrative Law* 0 out of 5 essays 0%
Agency 11 out of 212 essays 5%
Conflicts of Law 11 out of 212 essays 5%
Constitutional Law 3 out of 212 essays 1%
Contracts 46 out of 212 essays 22%
Corporations 32 out of 212 essays 15%
Criminal Law 32 out of 212 essays 15%
Criminal Procedure 33 out of 212 essays 16%
Domestic Relations 35 out of 212 essays 17%
Evidence 14 out of 212 essays 7%
No Fault Insurance 7 out of 212 essays 3%
NY Practice 67 out of 212 essays 32%
Partnerships 9 out of 212 essays 4%
Professional Responsibility 22 out of 212 essays 10%
Real Property 39 out of 212 essays 18%
Secured Transactions 6 out of 212 essays 3%
Torts 39 out of 212 essays 18%
Trusts 15 out of 212 essays 7%
Wills 43 out of 212 essays 20%
Workers Compensation 3 out of 212 essays 1%

Source/credit: http://www.smartbarprep.com/SmartBarPre ... alysis.pdf

[sd5289]

Jesus. NY Practice shows up *that* much?!

[sp1kedrat]

Jesus. NY Practice shows up *that* much?!

i can't even get past understanding NY's court system...

[sd5289]

Jesus. NY Practice shows up *that* much?!

i can't even get past understanding NY's court system...

The link that was posted shows that the NY Practice rules on motions to dismiss, preliminary injunctions, and summary judgment rules are the ones often tested.

[paulshortys10]

I already posted this in the CA thread, but wanted to try this thread too. This is specific to CA THEMIS.
To anyone that has done the second Trusts essay (feb '10): SPOILER ALERT











I have read 3 answers already, and I have seen 3 different responses for how the money should be distributed. I am really confused as to whether intestacy laws work here and do they trump the trust? Does the mom get 150k no matter what? how does abatement work?